HomeMy WebLinkAbout2008/03/11 Item 2
",NO ,b.OOPi\ON
sECOND REJo.O\NG
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE CHAPTER 8.25 -
"RECYCLING," ADDING A CONSTRUCTION AND
DEMOLITION DEBRIS RECYCLING PROGRAM
ORDINANCE NO.
WHEREAS, under California law as embodied in the California Waste Management Act
of 1989 (California Public Resources Code Sections 40000, et seq.), the City of Chula Vista is
required to prepare, adopt and implement source reduction and recycling plans to reach landfill
diversion goals, and is required to make substantial reductions in the volume of waste materials
going to the landfills, or face fines up to $10,000 per day; and
WHEREAS, in order to meet these goals it is necessary that the City promote the
reduction of solid waste, and reduce the stream of solid waste going to the landfills; and
WHEREAS, waste from construction, demolition, and renovation of buildings represents
a significant portion of the volume of waste presently corning from the City of Chula Vista and
much of this waste is particularly suitable for recycling and reuse; and
WHEREAS, the City's commitment to the reduction of waste requires the establishment
of programs for recycling and salvaging of construction and demolition (C & D) waste; and
WHEREAS, certain types of projects are exempt from these requirements.
NOW, THEREFORE, the City Council of the City of Chula Vista, does ordain as
follows:
SECTION I: That Section 8.25.095 is added to the Chula Vista Municipal Code and Chapter
8.25 is modified to read as follows:
Chapter 8.25
RECYCLING
Sections:
8.25.010 Purpose and intent.
8.25.020 Definitions.
8.25.030 Mandatory fees for recycling.
8.25.035 Reserved.
8.25.040 Separation of recyclable materials, storage, and containers.
8.25.050 Mandatory recycling.
8.25.060 Recycling programs.
8.25.070 Reports.
8.25.080 Scavenging.
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8.25.090 Composting.
8.25.095 Construction and Demolition Debris Recycling.
8.25.100 Enforcement.
8.25.110 Severability.
8.25.010 Purpose and intent.
The purpose of this Chapter is to provide standards for integrated solid waste
management, to include source reduction, recycling and composting of solid
wastes, in order to provide for the long-term health, safety and welfare of Chula
Vista residents through extending current landfill capacity, preserving resources,
and providing for the general protection of the environment. The Chapter provides
for regulation of the storage, collection, transportation and recovery of marketable
and recyclable materials.
8.25.020 Definitions.
For purposes of this Chapter, and other municipal code provisions referring
hereto, the following words shall have the meanings ascribed thereto, unless the
context in which they are used clearly indicates another meaning:
A!. "Aluminum" means recoverable materials made from aluminum, such as
used aluminum food or beverage containers, aluminum foil, siding, screening, and
other items manufactured from aluminum.
A2. "Applicant" means any individual, firm, limited liability company,
association, partnership, political subdivision, government agency, municipality,
industry, public or private corporation, or any other entity whatsoever who applies
to the City for the applicable permits to undertake any Construction, Demolition,
or Renovation Project within the City of Chula Vista.
B. "Bin" shall mean those plastic or metal containers of one cubic yard (202
gallons) to eight cubic yards that have plastic lids on the top (unless metal lids are
designated by the City Manager). Bins are used for weekly or more frequent
collection of waste, yard waste or designated recyclables by the City or its
franchise agent.
C. "Bulky waste" means discarded items whose large size or shape precludes or
complicates their handling by standard residential or commercial solid waste,
recycling and green waste collection methods. Bulky items include white goods,
furniture, large auto parts, trees, stumps, carpet and other potentially oversize
wastes. Bulky waste does not include hazardous or infectious waste unless
specifically exempt, such as freon-containing refrigerators.
D. "Buy-back center" means a facility licensed and permitted by the
Department of Conservation and/or local jurisdiction which pays a fee for the
delivery and transfer of ownership to the facility of source-separated materials for
the purpose of recycling or composting.
E. "Cardboard" means post-consumer waste paper grade corrugated cardboard
(grade No. 11), kraft (brown) paper bags, or solid fiber boxes which have served
their packaging purposes and are discarded and can later be reclaimed for
collection and recovery for recycling.
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F. "Carts" shall mean those plastic containers with a capacity of less than 202
gallons (one cubic yard). Carts shall have a fixed lid and are designed for
automated and/or semi-automated collection of solid waste, yard waste and/or
designated recyclables by the City or its franchise agent.
G. "City" shall mean the City of Chula Vista, a municipal corporation of the
state of California, in its present incorporated form or in any later reorganized,
consolidated, enlarged or reincorporated form.
H. "Collection" means the act of removing and conveying nonhazardous and
noninfectious solid waste, commingled or source-separated materials, from
residential, commercial, industrial, or institutional (governmental) generators to a
facility for processing, composting, transfer, disposal or transformation.
1. "Commercial" means a site and/or business zoned or permitted for any use
other than residential including, but not limited to, commercial, light industrial,
industrial and agricultural. Commercial generators that generate three or more
cubic yards of waste per week are serviced by a bin or compactor collection
vehicle.
J. "Commercial recyclables" means designated recyclable materials from the
two commercial subcategories of "office" and "hospitality." Materials include,
but are not limited to: office paper, cardboard, newspaper, and aluminum from
offices; and cardboard, glass bottles and jars, plastic bottles, aluminum, tin and bi-
metal cans, and white goods from hospitality establishments.
K. "Compactor containers" means those fully enclosed metal containers of two
to 40 cubic yards provided by the City's hauler or customer. Compactors typically
serve very large quantity generators.
L. "Compost" means the product resulting from the controlled biological
decomposition of organic wastes that are source-separated from the municipal
solid waste stream.
M. "Composting" shall mean the controlled and monitored process of
converting organic wastes into compost.
Nl. "Construction" means the building of any facility or structure or any
portion thereof including any tenant improvements to an existing facility or
sturcture.
N2. "Construction and Demolition waste" means used or discarded materials
removed from the premises during demolition, dredging, grubbing, and building,
resulting from Construction, remodeling, repair, and/or Demolition activities on
housing, commercial, governmental buildings, and other structures and pavement.
01. "Contract or franchise agent(s)" means any person or private or public
entity designated by the City Council, pursuant to Article XII of the City Charter
and Chapter 8.23 CYMC, as being responsible for administering the collection,
processing and/or disposal of solid waste or designated recyclables.
02. "Conversion Rate" means the rate set forth in the standardized Conversion
Rate Table approved by the City pursuant to this Chapter for use in estimating the
volume or weight of materials identified in a Waste Management Report.
03. "Covered Project" shall have the meaning set forth in Section 8.25.095 of
this Chapter.
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04. "Demolition" means the decimating, deconstructing, razing, rummg,
tearing down or wrecking of any facility, structure, pavement or building, whether
in whole or in part, whether interior or exterior.
05. "Divert" means to use material for any purpose other than disposal in a
landfill or transformation facility.
06. "Diversion Requirement" means the diversion of ninety percent of Inert
Waste and not less than fifty percent of the remaining waste generated via Reuse
or recycling, unless a partial or full diversion exemption has been granted
pursuant to Section 8.25.095 of this Chapter, in which case the Diversion
Requirement shall be the maximum feasible diversion rate established by the
Waste Management Report Compliance Official for the project.
P. "Recycling box" shall mean those containers with a capacity of 18 gallons to
32 gallons which are supplied by the City or its franchise agent for manual
collection of designated recyclables at special events.
Q. "Curbside collection" means the service of removing and conveying
nonhazardous and noninfectious solid waste, source-separated recyclables and/or
green waste from the public thoroughfare at the curb or alley. (The City shall
make the final determination regarding eligibility for curbside collection, which
shall generally apply to small quantity generators.)
Rl. "Designated containers" ("containers") shall mean those containers
designated by the City Manager for temporary storage and collection of waste or
designated recyclables including but not limited to curbside bins, carts, bins, roll-
off boxes, and/or compactor containers.
R2. "Designated recyclables" means those materials designated by the City
Manager for recovery or reuse. Any material having an economic value on the
secondary materials market or that is otherwise salvageable shall be included
and/or other materials that have been separated from other small quantity or large
quantity generators for the purposes of being recycled for resale and/or reuse, and
placed at a designated recycling or waste collection or storage location or in a
designated recycling or waste container for the purpose of collection and
processing, or any such designated recyclable materials collected under a mixed
waste processing program. The list includes, but is not limited to: newspaper
(ONP), mixed paper (MP), corrugated cardboard (OCC), steel, tin and bi-metal
cans, metal coat hangers, aluminum containers, white goods, glass food and
beverage containers, No. I and NO.2 plastic containers, all California redemption
containers, used oil, used oil filters, yard waste, clean lumber, concrete and
asphalt.
S. "Designated solid waste and recycling collection or storage location" means
a place designated by the City Manager for storage and/or collection of waste,
green waste and/or recyclables pursuant to CYMC 8.24.100. Designated locations
include, but are not limited to, the curb, alley, waste/recycling enclosure, a
loading dock, or basement of a commercial enterprise or multifamily complex
where waste and recyclables are placed for collection or temporary storage prior
to collection by the City's franchise agent.
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T. "franchised recyclables" means any residential, commercial or industrial
recyclables, as defined herein, to be collected by the City's contract agent or
franchisee, placed in designated recycling containers or at designated recycling
collection or storage location(s).
u. "Garbage" means all nonhazardous, noninfectious organic waste including:
kitchen and table waste, and animal or vegetable waste that attends or results from
the storage, preparation, cooking, or handling of food stuffs, except organic
wastes separated therefrom and used in composting in accordance with CYMC
8.25.090.
Y. "Generator" means every owner, tenant, occupant or person owning or
having the care and control of any premises in the City including the temporary
use of parks, open space or a public thoroughfare.
W. "Glass bottles and jars" means food and beverage containers made from
silica or sand, soda ash, and limestone, the product being transparent or
translucent and being used for packaging or bottling, including container glass
designated redeemable under the California Beverage Container Recycling and
Litter Reduction Law, Division 12.1 (commencing with Section 14500) of the
California Public Resources Code, as well as glass jars and bottles without
redeemable value ("scrap"), but excluding household, kitchen, and other sources
of noncontainer glass such as drinking glasses, ceramics, light bulbs, window
pane glass, and similar glass products that are not bottles or jars.
X. "Grantee" shall mean the City's franchise agent(s).
Y. "Green wastes" means the leaves, grass, weeds, shrubs, tree branches, tree
trunk and other wood materials from trees. Green waste may also include
preconsumer food waste, incidental amounts of waxed or plastic-coated cardboard
and mixed paper, and unpainted and untreated lumber. Green waste does not
include tree stumps in excess of 35 pounds, more than incidental dirt or rock,
plastic, glass, metal, painted or treated lumber, plywood, particle board, or other
manufactured products that contain glue, formaldehyde, nonorganic or
nonbiodegradable materials.
Z. "Green waste processing" means the accumulation and storage of green
waste in a manner that leads to the intentional or unintentional thermophilic
decomposition of green waste. The acceptance of payment for green waste and
the accumulation of more than 15 yards or three tons per year of unprocessed,
shredded, ground or composted material shall constitute green waste processing
and is subject to the City, County and state requirements regulating compost
and/or solid waste facilities. Residential, commercial and agricultural sites that
generate, stockpile or process green waste material generated on-site and used on-
site without sale of finished or unfinished material, that are otherwise compliant
with all conditions of the municipal code for nuisance, may apply for an annual
exemption.
AA. "Hazardous or toxic waste" means any waste material or mixture of wastes
which is toxic, corrosive, flammable, explosive, an irritant, a strong sensitizer,
and which generates pressure through decomposition, heat or other means, if such
a waste or mixture of wastes may cause substantial personal injury, serious illness
or harm to humans, domestic animals, or wildlife, during, or as an approximate
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result of, any disposal of such wastes or mixtures of wastes as defined in Section
25117 of the California Health and Safety Code, which is not legally disposable at
a Class III landfill.
BB. "Hospitality" means any establishment that offers dining services, food or
beverage sales. This includes taverns, bars, cafeterias, and restaurants, as well as
motels and hotels (temporary housing of less than one month duration), hospitals,
schools, colleges, and other such establishments that have dining services, or a
restaurant or bar, on their premises.
CC. "Industrial recyclables" means recyclables from industrial, construction,
and demolition operations, including, but not limited to, asphalt, concrete, dirt,
land-clearing brush, sand and rock.
DD. "Industrial solid waste" means solid waste originating from mechanized
manufacturing facilities, factories, refineries, construction and demolition
projects, and/or publicly operated treatment works, excluding recyclables and
compostables, if properly handled and treated, and excluding hazardous or toxic
waste.
EE. "Inert waste" means materials such as concrete, soil, asphalt, ceramics,
brick, masonry, tile, earthen cooking ware, automotive safety glass, and mirrors.
FF. "Improper disposal" means the discarding of any item or items upon public
or private premises that were not generated on the premises as a part of its
authorized use, unless written consent of the property owner is first obtained.
GG. "Improper disposal site" means any premises that have intentionally or
unintentionally accumulated solid waste or recyclables and/or charged a fee for
accepting material without a solid waste or composting permit from the county
local enforcement agency. This does not include businesses licensed and
permitted in the City to purchase source-separated recyclables.
HH. "Incidental waste" means less than one pound of waste deposited in a
public litter bin or designated waste container to prevent litter, such as was~e from
a fast food meal deposited in a designated waste container or public litter bin by a
pedestrian or vehicle operator.
II. "Industrial generator" means any property or generator that is engaged in the
manufacture of products including but not limited to construction and demolition.
Industrial generators are typically serviced by roll-off box containers of lO-yard
to 40-yard capacities and typically generate inert materials such as asphalt,
concrete, building debris and some wood and dry green waste.
n. "Industrial" means any form of mechanized manufacturing facilities,
factories, refineries, and construction and demolition operations, excluding
hazardous waste operations.
KK. "Institutional" shall mean any premises owned and/or occupied by local,
state and federal agencies, typically office or education facilities with a common
waste stream.
LL. "Integrated solid waste management" means a planned program for
effectively controlling the storage, collection, transportation, processing and
reuse, conversion, or disposal of solid waste, recyclables and/or compostables in a
safe, sanitary, aesthetically acceptable, environmentally sound and economical
manner. It includes all administrative, financial, environmental, legal and
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planning functions as well as the operational aspects of solid waste handling,
disposal, litter control and resource recovery systems necessary to achieve
established objectives.
MM. "Landfill" means a disposal system by which solid waste is deposited in a
specially prepared area which provides for environmental monitoring and
treatment pursuant to the California Code of Regulations, California Public
Resources Code and the Federal Resource Conservation and Recovery Act.
NN. "Large quantity generator" means those residential, commercial, industrial
and institutional entities that generate more than 300 gallons of waste per week
excluding source-separated recyclables diverted from disposal or transformation.
00. "Mixed waste processing" means a system of recovering recyclables from
the mixed waste stream through separation at a processing facility, transfer
station, landfill, or other such facility, instead of separation at the primary waste
generation source.
PP. "Multifamily" means a structure or structures containing a total of four or
more dwelling units in any vertical or horizontal arrangement on a single lot or
building site.
QQ. "Newspaper" means newsprint-grade paper including any inserts that
come in the paper, and excluding soiled paper, all magazines and other
periodicals, telephone books, as well as all other paper products of any nature.
RRI. "Non-Covered Project" shall have the meaning set forth in Section
8.25.095 of this Chapter.
RR2. "Nuisance" means anything which is injurious to human health, or is
indecent or offensive to the senses, and interferes with the comfortable enjoyment
of life or property, and affects at the same time an entire community or
neighborhood, or any number of persons, although the extent of armoyance or
damage inflicted upon the individual may be unequal, and which occurs as a
result of the storage, removal, transport, processing, or disposal of solid waste,
compost, and/or designated recyclables.
SS. "Office" or "offices" for purposes of this Chapter shall mean any office,
combination of offices, or connected building or office space regardless of office
affiliation, ownership, or occupancy. This includes, but is not limited to,
businesses used for retail, wholesale, professional services, legal services,
financial services (to include banks), medical services, shipping and receiving
areas, churches, schools, colleges, and libraries.
TT. "Office paper" means waste paper grades of white and colored ledgers and
computer paper. Examples include forms, copy paper, stationery, and other papers
that are generally associated with desk and employee work area activity, and any
additional materials to be added by ordinance.
UUI. "Performance Deposit" means cash, money order or check submitted to
the City.
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UU2. "Plastic bottle" means a plastic container with narrow neck or mouth
opening smaller than the diameter of the container body, used for containing milk,
juice, soft drinks, water, detergent, shampoo or other such substances intended for
household or hospitality use; to be distinguished from nonbottle containers (e.g.,
deli or margarine tub containers) and from nonhousehold plastic bottles such as
those for containing motor oil, solvents, and other nonhousehold substances.
VV. "Pollution" means the condition caused by the presence in or on a body of
water, soil, or air of any solid waste or substance derived therefrom in such
quantity, or such nature and duration, or under such condition, that the quality,
appearance, or usefulness of the water, soil, land, or air is significantly degraded
or adversely altered.
WWI. "Processing" means the reduction, separation, recovery, conversion, or
recycling of any component(s) of solid waste.
WW2. "Project" means any activity, which requires an application for a
Construction or Demolition permit, or any similar permit from the City of Chula
Vista.
XX. "Putrescible wastes" means the waste in organic material with the
potential decomposition capacity to emit noticeable quantities of odor and gas by-
products. Material in this category includes, but is not limited to, kitchen waste,
dead animals, food from containers, etc., except organic wastes separated
therefrom and used in composting.
YY. "Recyclables" means any materials that are recyclable, reclaimable, and/or
reusable within the following generating categories: small quantity generator and
large quantity generator. Any material having an economic value on the
secondary materials market or that is otherwise salvageable shall be included
and/or other materials that have been separated from other small or large quantity
generators for the purposes of being recycled for resale and/or reuse, and placed at
a designated recycling or waste collection or storage location or in a designated
recycling or waste container for the purpose of collection and processing, or any
such designated recyclable materials collected under a mixed waste processing
program.
ZZ. "Recycling" shall mean any process by which materials which would
otherwise be discarded, deposited in a landfill or transformation facility and
become solid waste are collected (source-separated, commingled, or as "mixed
waste"), separated and/or processed, and returned to the economic mainstream in
the form of raw materials or products or materials which are otherwise salvaged
or recovered for reuse.
AAA. "Refuse" means garbage and rubbish.
BBB. "Removal" means the act oftaking solid wastes or designated recyclables
from the place of generation either by the contract or frarichise agent( s), or by a
person in control of the premises.
CCCI. "Removal frequency" means frequency of removal of solid wastes or
recyclables from the place of generation.
CCC2. "Renovation" means any change, addition, or modification in an
existing structure.
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DDD. "Residential," for purposes of this Chapter, means any building or
portion thereof designed or used exclusively as the residence or sleeping place of
one or more persons, including single- and multiple-family dwellings, apartment-
hotels, boarding and lodging houses. "Residential" does not include short-term
residential uses, such as motels, tourist cabins, or hostels which are regulated as
hospitality establishments.
EEEI. "Residential recyclables" means those specific recyclable materials from
residential solid waste (single-family and multifamily) including, but not limited
to, aluminum, glass bottles and jars, newspaper, plastic bottles, tin and bi-metal
cans, white goods, and yard waste.
EEE2. "Reuse" means further or repeated use.
FFF. "Roll-off service" means service provided for the collection, removal and
disposal of industrial waste such as construction, demolition and other primarily
inert nonputrescible wastes and green wastes. Roll-off service is usually provided
using metal containers of 10 to 40 cubic yards that are open on the top with doors
on one end.
GGG. "Rubbish" means nonputrescible solid wastes such as ashes, paper, glass,
bedding, crockery, plastics, rubber by-products or litter. Such materials that are
designated as recyclable or compost may be exempt from categorizing as rubbish;
provided, such materials are handled, processed and maintained in a properly
regulated manner.
HHH. "Salvaging or salvageable" means the controlled and/or authorized
storage and removal of solid waste, designated recyclables or recoverable
materials for the purpose of recycling, reuse, or storage for later recycling or
reuse.
III. "Scavenging" means the uncontrolled and/or unauthorized removal of solid
waste, designated recyclables or recoverable materials. Such activity is unlawful
and is a misdemeanor punishable by up to six months in jail and $1,000 in civil
penalties under CYMC 8.24.200 and 8.25.080 and Chapter 9, Section 41950 of
the California Integrated Waste Management Act of 1989.
JJJ. "To segregate waste material" means any of the following: the placement
of designated recyclables in separate containers; the binding or bagging of
designated recyclables separately from other waste material and placing in a
separate container from refuse, or the same container as refuse; and the physical
separation of designated recyclables from other waste material (either at the
generating source, solid waste transfer station, or processing facility).
KKK. "Small quantity generator" means those residential, commercial,
industrial and institutional entities that generate less than 300 gallons of waste per
week excluding source-separated recyclables diverted from disposal or
transformation.
LLL. "Solid waste" means all putrescible and nonputrescible solid, semisolid
and liquid wastes, such as refuse, garbage, rubbish, ashes, industrial wastes,
demolition and construction wastes, abandoned vehicles and parts thereof,
discarded home and industrial appliances, manure, vegetable or animal solid and
semisolid wastes, and includes liquid wastes disposed of in conjunction with solid
wastes at solid waste transfer/processing stations or disposal sites, which are
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generated by residential, commercial or industrial sites within the City. Solid
waste shall not include: hazardous and infectious waste, sewage collected and
treated in a municipal or regional sewage system or materials or substances
having commercial value or other importance which can be salvaged for reuse,
recycling, composting or resale.
MMM. "State" shall mean the state of California.
NNN. "Storage" means the interim containment of solid wastes, yard wastes, or
recyclables in an approved manner after generation and prior to disposal,
collection or processing. ("Interim" means for one week or less; roll-off
containers may store nonputrescible waste for up to 30 days.)
000. "Streets and byways" shall mean the public streets, ways, alleys and
places as the same now or may hereafter exist within said city, including state
highways now or hereafter established within said city.
PPPl. "Tin and bi-metal cans" means any steel food and beverage containers
with a tin or aluminum plating.
PPP2. "Total Project Costs" means the total value of a Project as calculated
using Chula Vista's standard valuation multipliers.
QQQ. "Transfer or processing station" means those facilities utilized to receive
solid wastes and to temporarily store, separate, convert, or otherwise process the
solid waste and/or recyclables.
RRRl. "Unit" means an individual residence contained in a residential
multifamily complex.
RRR2. "Waste Management Report (WMR)" means a WMR form, approved
by the City Manager or designee, for the purpose of compliance with this Chapter.
RRR3. "Waste Management Report Compliance Official" means the
designated staff person(s) authorized by the City Manager and responsible for
implementing the Construction and Demolition Debris Recycling Program.
SSS. "White goods" means kitchen or other large enameled appliances which
include, but are not limited to, refrigerators, washers, and dryers.
TTT. "Wood waste" means lumber and wood products but excludes tree
stumps in excess of 35 pounds, more than incidental dirt or rock, plastic, glass,
metal, painted or treated wood, plywood, particle board or other manufactured
products that contain glue, formaldehyde, nonorganic or nonbiodegradable
materials.
UUU. "Vector" means any nuisance such as odor, unsightliness, sound, or a
carrier, usually insects or rodents, that is capable of transmitting a disease.
VVV. "Yard waste" means the leaves, grass, weeds, and wood materials from
trees and shrubs from the single-family and multifamily residential sources of the
City's green waste (to include landscape haulings from residential sources).
Acceptable materials for collection include all yard waste as herein defined,
excluding treated or processed wood or lumber, bulky waste or any other
materials as shall be determined by the City as to not be salvageable. All
acceptable yard waste shall be void of nails, wire, rocks, dirt or any other material
that is not considered yard waste.
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8.25.030 Mandatory fees for recycling.
A. The City Council finds and determines that the regular collection of
recyclables by the contract or franchise agent(s) of the City from all places in the
City is a service to the premises from which it is collected. All owners or
occupants of premises generating recyciables shall pay the monthly collection fee
charged by the City's contract or franchise agent, not to exceed the City-approved
maximum rates. A schedule of maximum rates shall be kept on file with the City
Clerk and is available for public review. Maximum rates may be subject to
increase pursuant to the terms of the City's contract or franchise with the contract
or franchise agent(s). Subject to the terms of the then-in-effect contract or
franchise, the Council may from time to time establish such rates by resolution,
including the establishment of rates for different classifications of quantity
generators (small quantity generators, large quantity generators, residential,
commercial, or industrial, or subclassifications thereof) or types of materials
generated or other classifications which are deemed to be in the public interest.
B. Pursuant to California Public Resources Code Section 41900, et seq., the
City may, by resolution of the City Council, impose fees on City generators to pay
the actual costs incurred by the City in preparing, adopting or implementing an
integrated waste management plan in accordance with state mandates.
C. The contract or franchise agent shall provide billing service and be totally
responsible for the collection of such fees, at the same time and in the same
manner as the collection of charges for refuse collection pursuant to CYMC
8.24.180. No person shall willfully fail, neglect or refuse, after demand by the
contract or franchise agent( s), to pay the fees provided for herein.
8.25.035 Reserved.
(Ord. 2992 S 1,2005; Ord. 2740 S 3, 1998; Ord. 2492 S 1, 1992; Ord. 2428 S 1,
1990).
8.25.040 Separation of recyclable materials, storage, and containers.
A. The owner, operator, and/or occupant of any premises, business
establishment, industry, or other property, vacant or occupied, shall be rebuttably
presumed to be the generators of, and be responsible for the safe and sanitary
storage of, all solid waste, designated recyclables, and compost accumulated on
the property. The designated recyclables and compost shall be stored separately
from refuse. The property owner, operator, or occupant shall store such solid
waste, designated recyclables, and compost on the premises or property in such a
manner so as not to constitute a fire, health, or safety hazard, and shall require it
to be handled in such a manner so as not to promote the propagation, harborage,
or attraction of vectors, or the creation oflitter or other nuisances.
B. A container or containers for designated recyciables shall be provided by the
contract or franchise agent( s) for any premises generating residential or
commercial recyclables, for the exterior collection of designated recyclables.
Containers for industrial recyclables shall be provided by the generator of the
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designated recyclables, unless otherwise arranged through the City Manager. The
containers shall effectively segregate the designated recyclables from refuse.
C. All such containers to be used in the City's recycling programs shall be
approved by the City Manager, in conjunction with the contract or franchise
agent(s) (or, in the case of industrial recyclables, the generators of the industrial
recyclables).
D. Designated recyclables shall be sorted according to type and/or as
established by program guidelines and placed in separate containers, containers
with segregated compartments, or commingled (in one recycling container), as
agreed upon by the City Manager and the contract or franchise agent(s).
Containers, if more than one, shall be grouped together and placed for collection
at the same time as when regular refuse collection occurs or at designated
recycling collection times (if different from refuse collection) and at designated
recycling collection locations.
E. All containers used for recycling purposes, storage or collection, including
commercial and industrial recycling containers used in City recycling programs as
well as all other containers used for recycling purposes whether owned or
operated by a commercial entity, nonprofit organization, or any other persons or
entity, shall be identified with the name and current telephone number of the
owner or the responsible agency or person. Commercial recycling containers shall
remain locked at all times in order to discourage scavenging and prevent dumping
of refuse in the container, unless exempted by the City Manager in conjunction
with the contract or franchise agent(s).
F. Containers which do not comply with the requirements of this Section shall
be presumed to be refuse and taken by the contract or franchise agent( s) for
disposal or potential use as salvaging or recycling containers.
G. It shall be unlawful for any person to dispose, dump, or otherwise place
material other than designated recyclables in a designated recycling container or
at a designated recycling collection or storage location.
H. Exemption. Designated recyclables which are source-sorted by their
generator for the purpose of recycling by selling them to a buy-back center or
donating them to a City-licensed nonprofit or community group conducting
recycling programs for the purpose of raising funds do not have to be placed in
the designated recycling container required by this Section, nor placed in a
designated recycling collection location in accordance with this Section. When
designated recyclables are received by a City-licensed nonprofit or community
group conducting recycling programs for the purpose of raising funds, they shall
be stored and sorted in accordance with this Section and transported to a buy-back
center for the purpose of recycling.
8.25.050 Mandatory recycling.
It shall be mandatory for all generators of residential, commercial, and
industrial recyclables in the City to separate from refuse, for recycling purposes,
all designated recyclables and otherwise participate in recycling as described by
this Chapter.
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8.25.060 Recycling programs.
A. The City Manager shall establish and promulgate reasonable regulations,
guidelines and other program-related specifics as to the implementation of
recycling programs for residential, commercial, and industrial recycling,
including the method for collection of designated recyclables.
B. Commercial and industrial establishments shall develop their respective "in-
house" recycling plans that provide for the collection of designated recyclables in
conjunction with the City's established recycling programs. The City and the
contract or franchise agent( s) shall assist in program development and provide
technical expertise and training materials.
C. Collection ofrecyclables from single-family residential units shall minimally
occur once weekly. For commercial and industrial entities, collection shall be
provided as needed to meet demand.
D. The City encourages use of buy-back centers, donation centers (for used
furniture and other reusable bulky items, and nonprofit agents), scrap dealers,
home and commercial composting, source reduction, and other creative, lawful
and environmentally sound efforts to reduce waste in accordance with this
Chapter that do not conflict with any established or planned City-sponsored
recycling, composting or source-reduction programs.
8.25.070 Reports.
A. All commercial and industrial establishments shall submit recycling tonnage
documentation on an annual basis to the City's conservation coordinator, due on
or before January 31 st, for the previous year. Annual reporting shall be on the
form promulgated by the City Manager, and commence on the first anniversary of
the date set forth in the mandatory recycling implementation schedule as
established in this Chapter as July I, 1993. Voluntary reporting prior to the
required mandatory recycling is encouraged.
B. Effective July I, 2008, all Applicants for a Construction or Demolition
permit for a Covered Project must submit a Waste Management Report (WMR) to
the Waste Management Report Compliance Official for approval, prior to permit
issuance, per Section 8.25.095.
8.25.080 Scavenging.
A. It shall be unlawful for any person other than authorized City personnel or
contract or franchise agent(s) to remove any separated designated recyclable(s) or
salvageable commodity from any designated recycling collection or storage
location, or designated recycling container. However, the original generator of the
designated recyclables may, for any reason, remove the designated recyclables
placed by said generator from the designated recycling container or designated
recycling collection or storage location in which said generator had originally
placed them.
B. It shall be unlawful for any person to disturb, modify, harm, or otherwise
tamper with any container or designated recycling collection or storage location
containing designated recyclables, or the contents thereof, or to remove any such
container from the location where the same was placed by the generator thereof,
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or to remove the contents of any such container, unless authorized by the
generator of such designated recyclables or duly authorized City personnel or
contract or franchise agent(s).
8.25.090 Composting.
A. Every establisher of a composting pile, bin, holding area or other such
composting system shall first obtain a permit from the City, if the total volume
used within the boundaries of the premises for composting is 15 cubic yards or
greater.
B. Every composting pile, bin, holding area or other such composting system
shall be maintained so as to not create a public or private nuisance through visual,
odor, safety and/or other means, or as prescribed in Chapter 19.66 CYMe.
Without constituting a limitation on the foregoing, no such composting pile, bin,
holding area or other such composting system shall be maintained within six feet
from an exterior window, exterior door or other exterior entrance to an inhabited
residential structure other than one owned by the owner of such compo sting
system.
e. The owner, operator, or occupier of property containing a composting pile,
bin, holding area or other such compo sting system that is greater than five feet
high, five feet wide and five feet in length shall weekly monitor temperature,
through utilization of a thermometer designed for such purposes.
D. No single compost pile, bin, holding area or other such composting system
on a residential single-family (as defined in Ordinance No. 2443) premises shall
be more than five feet in height and/or greater than six feet in width or length.
8.25.095 Construction and Demolition Debris Recycling
A. Projects.
1. Covered Projects. The following project categories are Covered Projects
and must comply with this Section 8.25.095:
a. Any Project requiring a permit for Demolition or Construction, with a
Project valuation of $20,000 or more, unless defined as a Non-Covered Project in
Section 8.25.095.A.3., below.
b. Any sequenced developments, such as housing subdivision
Construction or subdivision Demolition must be considered as a "project" in its
entirety for purposes ofthis Section, and not as a series of individual projects.
2. City-Sponsored Projects. All City Construction and Demolition projects
shall be considered "Covered Projects" and shall submit a Waste Management
Report to the City Manager or designee prior to issuance of any Construction or
Demolition permits.
3. Non-Covered Projects. A Performance Deposit and Waste Management
Report shall not be required for the following:
a. Work for which a Construction or Demolition permit is not required.
b. Roofing projects that do not include tear-off of existing roof.
c. Work for which only a plumbing, only an electrical, or only a
mechanical permit is required.
d. Seismic tie-down proj ects
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e. Projects less than 10,000 square feet, where no structural building
modifications are required.
f. Emergency required to protect public health and safety.
g. Individual single-family home Renovations that are not part of a larger
project.
While not required, it shall be encouraged, that at least 50% of all project-
related Construction, Renovation and Demolition waste from Non-Covered
Projects be Diverted.
B. Submission of Waste Management Report.
1. Construction and Demolition Waste Management Report Forms.
Applicants for any Covered Project shall complete and submit a Construction and
Demolition Waste Management Report on a Waste Management Report form
(WMR) approved by the City for this purpose. The WMR shall be submitted for
review and approval, prior to issuance of a Construction or Demolition permit.
The completed WMR shall indicate all of the following:
a. The type of proj ect;
b. The total square footage ofthe project;
c. The estimated volume or weight of Construction and Demolition debris,
by material type, to be generated;
d. The maximum volume or weight of Construction and Demolition debris
that will be recycled or Diverted from the landfill;
e. The maximum volume or weight of Construction and Demolition debris
that will be disposed of in a landfill; and
f. The vendors or facilities that the Applicant proposes to use to collect
process or receive the Construction and Demolition debris.
In estimating the volume or weight of materials identified in the WMR, the
Applicant shall use the standardized conversion rates established and approved by
the City for this purpose.
2. Initial Application. Not withstanding any other provision of this Code, no
Construction or Demolition permit maybe issued until the initial Construction and
Demolition Waste Management Report has been approved by the WMR
Compliance Official. The WMR Compliance Official will respond to the
applicant's WMR submittal within 10 business days with an approval, denial or
request for clarification. If the WMR Compliance Official does not respond
within 10 business days, the applicant should notify the Official. After
notification by the Applicant, the Official will then have three business days to
complete the review. If the review is not completed within three business days
after the notification, the deposit requirement will be waived.
3. Amount of Security. The Applicant for any Covered Project shall submit a
Performance Deposit. The amount of the Performance Deposit shall be calculated
as the lesser of three percent of the Total Project Cost or $30,000. Acceptable
forms of payment include Cash, Money Orders, and Checks.
The WMR Compliance Official shall waive the Performance Deposit if the
total deposit required pursuant to this Section would be fifty dollars or less.
Performance Security funds will be placed in a secured account, subject to
interest, and returned to the Applicant upon acceptance of proof of compliance in
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full, or if partial compliance, on a prorated basis dependent on the degree of
compliance. All interest earned will be the property of the City and used for waste
reduction and recycling activities.
4. Documentation. Within 30 days after Demolition is completed (if a
Demolition permit only) or 30 days after the issuance of a certificate of
occupancy or at the time of issuing the last certificate of occupancy for units
within a phased Project of any Covered Project, the Applicants shall submit to the
WMR Compliance Official, documentation that it has met the Diversion
Requirement for the Project, unless Applicant has been granted an Exemption
pursuant to Section 8.25.095.C of this Chapter. The documentation shall include
all of the following:
a. Receipts from the vendor or facility that received each material,
showing the actual weight or volume of that material;
b. A copy of the completed Waste Management Report form, in its
entirety; and
c. Photographs and narrative documentation of the Applicant's Reuse
activities.
5. Weighing of Wastes. Applicants shall make reasonable efforts to ensure
that all Construction, Renovation and Demolition waste Diverted for Reuse or
disposed of is measured and recorded using the most accurate method of
measurement available. To the extent practical, all Construction, Renovation and
Demolition waste shall be weighed by measurement on scales. Such scales shall
be in compliance with all regulatory requirements for accuracy and maintenance.
For Construction, Renovation and Demolition waste for which weighing is not
practical due to small size or other considerations, a volumetric measurement
shall be used. For conversion of volumetric measurements to weight, the
Applicant shall use the standardized rates established by the Conversion Rates
Table approved by the City for this purpose. Conversion Rate Tables will be
included with the Waste Management Report form.
6. Determination of Compliance and Release of Performance Deposit. The
WMR Compliance Official shall review the information submitted under this
Section and determine whether the Applicant has complied with the Diversion
Requirement, as follows:
a. Compliance. If the WMR Compliance Official determines that the
Applicant has fully complied with the Diversion Requirement applicable to the
Project, he or she shall cause the release of the Performance Deposit to the
Applicant within 30 days of the Applicant's submission of the documentation
required under this Section. If the Applicant has complied in part, a portion of the
performance deposit will be withheld. The amount withheld will be proportional
to the percentage of materials that are not Recycled/Diverted.
b. Noncompliance. If the WMR Compliance Official determines that the
Applicant failed to submit the documentation within the required time period,
then the Performance Deposit shall be forfeited to the City. All forfeited and/or
unrecovered funds shall be used for waste reduction and recycling activities.
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C. Exemption.
1. Application. If an Applicant for a Covered Project experiences unique
circumstances that the Applicant believes make it infeasible to comply with the
Diversion Requirement, the Applicant may apply for an Exemption at the time
that he or she submits the WMR. The Applicant shall indicate on the WMR the
maximum rate of diversion he or she believes is feasible for each material and the
specific circumstances that he or she believes makes it infeasible to comply with
the Diversion Requirement.
2. Meeting with WMR Compliance Official. The WMR Compliance Official
shall review the information supplied by the Applicant and may meet with the
Applicant to discuss possible ways of meeting the Diversion Requirement.
3. Granting of Exemption. If the WMR Compliance Official determines that
it is infeasible for the Applicant to meet the Diversion Requirement due to unique
circumstances, he or she shall determine the maximum feasible diversion rate for
each material and shall indicate this rate on the WMR submitted by the Applicant.
The WMR Compliance Official shall return a copy of the WMR to the Applicant
marked "Approved with Exemption." The Applicant shall then be responsible for
Diverting the revised rate noted by the WMR Compliance Official on the
Approved WMR, in compliance with the provisions of this Section.
4. Denial of Exemption. If the WMR Compliance Official determines that it
is possible for the Applicant to meet the Diversion Requirement, he or she shall so
inform the Applicant in writing. The Applicant shall resubmit a WMR form in,full
compliance with Section 8.25.095. If the Applicant fails to resubmit the WMR, or
if the resubmitted WMR does not comply with this Section, the WMR
Compliance Official shall deny the WMR.
D. Appeal.
Appeals. Appeals of a determination made by the WMR Compliance Official
under this Section 8.25.095 shall be made to the City Manager or designee. The
appeal shall be in writing and filed with the City Clerk within ten (10) business
days of issuance of the WMR Compliance Official's decision. The appeal shall be
limited to the following issues: (1) the granting or denial of an exemption; and (2)
the amount of security to be released. The decision of the City Manager or
designee shall be final.
8.25.100 Enforcement.
A. The City Manager or designee is responsible for enforcing the provisions of
this Chapter.
B. Types of materials included in designated recyclables may be
administratively deleted by the City Manager under emergency conditions (to
include market failures), subject to formal ordinance amendment approved by the
City Council, if such conditions persist.
C. Nothing in this Chapter or its implementing regulations shall prevent the
City or its contract or franchise agent(s) from efforts to obtain voluntary
compliance by way of warning, notice of violation, educational or other means.
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8.25.110 Severability.
If any provision, clause, sentence or paragraph of this Chapter or the
application thereof to any person or circumstances shall be held invalid, such
invalidity shall not affect the other provisions or application of the provisions of
this Chapter which can be given effect without the invalid provision or
application, and to this end the provisions of this Chapter are hereby declared to
be severable.
SECTION II: Effective Date.
This ordinance shall take effect thirty days after final passage.
Presented by:
Approved as to form by:
~
~ro)
Moore U
. Attorney
Dave Byers
Director of Public Works
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