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HomeMy WebLinkAbout2021-02-23 - ORDINANCES - AMEND CHAPTER 15.44 INTEGRATED WASTE MGMT (2)' ORDINANCE NO.21-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING AND RESTATING CHAPTER 15.44 INTEGRATED WASTE MANAGEMENT WHEREAS, the California Integrated Waste Management Act of 1989, commonly referred to as Assembly Bill (AB 939), codified in substantial part at Public Resources Code § 40000 et. seq., requires each local jurisdiction in the State to divert 50 percent of discarded materials (base year 1990, state methodology) from landfills, and transformation facilities; and WHEREAS, AB 341 (Chesbro) was enacted by the California Legislature making it a policy goal of the State to divert 75 percent of solid waste away from the landfills by 2020, through source reduction, recycling and composting; and WHEREAS, AB 1826 (Chesbro) was enacted by the California Legislature requiring a business that generates more than two cubic yards of commercial solid waste per week, including multi -family residential complexes to arrange for recycling services specifically for organic waste; and WHEREAS, pursuant to California Constitution Article 11, § 7, as impletnented in part by Public Resources Code § 40059, and the Santa Clarita Municipal Code Chapter 15.44, the City of Santa Clarita (City) has the authority to regulate solid waste generation in the City; and ' WHEREAS, organic wastes constitute a substantial percentage of the waste stream in the State and these materials have significant potential for waste reduction and recycling; and WHEREAS, diverting organic wastes from landfills reduces greenhouse gas generation into the environment. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Amendment of Chapter 15.44. Chapter 15.44., Part 4 of the Santa Clarita Municipal Code entitled "Integrated Waste Management' is hereby amended and restated to read in its entirety as shown in Exhibit A, which is attached hereto and incorporated herein by this reference. SECTION 2. If any section, subsection, sentence, clause, phrase, part, or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part, or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts, or portions be declared invalid or unconstitutional. I SECTION 3. This ordinance shall be in full force and effect thirty days from its passage and adoption. Page 1 of 2 SECTION 4. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED, APPROVED, AND ADOPTED this 23`d day of February 2021. N MAYOR ATTEST: CITY CLERK ` DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 21-3 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 9`h day of February 2021. That thereafter, said ordinance was duly passed and adopted at a regular meeting of the City Council on the 23`d day of February, 2021, by the following vote, to wit: AYES: COUNCILMEMBERS: Smyth, McLean, Weste, Gibbs, Miranda NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 21-3 and was published in The Signal newspaper in accordance with State Law (G.C. 40806). U/ v CITY CLERK Page 2 of 2 EXHIBIT A Chapter 15.44 ' INTEGRATED WASTE MANAGEMENT Sections: Part 4. Containers, Bulky Goods, Recyclable Materials, Green Waste, and Mandatory Organic Waste Recycling 15.44.400 Containers —Use. A. To protect public health, safety, and well-being and prevent the growth and spread of vectors, every residential and commercial premises designated under Section 15.44.215 (Collection Arrangements Required) of this chapter, shall keep in a suitable place one (1) or more containers capable of holding without spilling, leaking, or emitting odors, all solid waste, including recyclable solid wastes and green waste which would ordinarily accumulate on the premises between the time of two (2) successive collections. B. To protect public health, safety, and well-being and prevent the growth and spread of vectors, every residential and commercial premises designated under Section 15.44.215 of this chapter shall deposit or cause to be deposited in containers provided or approved by a solid waste enterprise all solid waste generated or accumulated on those premises. C. No person shall place ashes which are not cold and free from fire in anv container. (Ord. 09-4 § 1, 4/28/09) 15.44.405 Containers, Bulky Goods, and Green Waste —Placement and Removal. A. To protect public health, safety, and well-being and prevent the growth and spread of vectors, no person shall place for collection any solid waste container not in conformance with the solid waste container(s) designated by the solid waste enterprise providing collection services. B. No person shall place a residential solid waste container adjacent to a street or public right- of-way for collection if the container and its contents weigh more than fifty (50) pounds, unless automated collection is used. Automated collection means a mechanical rifting device is used to empty the residential solid waste containers, instead of requiring Lifting by the driver. C. To minimize interference with public rights -of -way, no person shall place a container or any bulky goods adjacent to a street or public right-of-way for collection service before the day preceding the regularly scheduled collection day. Bulky goods may not be set out for collection unless the person in charge of day -today operations of the premises has made prior arrangements with a solid waste enterprise approved by the City for pickup of the bulky goods. D. During the hours for collection designated in subsection (E) of this section, residential solid , waste containers shall be placed at the collection location designated by the solid waste enterprise holding the residential solid waste franchise and shall be placed in a manner accessible 1 for automated pickup, if automated pickup methods are utilized by the solid waste enterprise. Except during the time a container is placed for collection, residential solid waste containers shall not be visible from the public right-of-way. Commercial bins shall be accessible to the solid waste enterprise providing solid waste services at that location. E. Solid waste containers, such as residential containers, that are moved to a collection point to facilitate collection shall be placed for collection no sooner than six p.m. on the day before the regularly scheduled collection day and shall be removed from any location adjacent to a street or right-of-way not later than eight a.m. on the day following the regularly scheduled collection day. F. No container placed in any front yard or side yard shall be visible from a public street except during collection hours. No container may be placed in any public right-of-way unless an encroachment permit authorizing the placement has been issued by the City. A bin, construction and demolition material bin, temporary bin, or roll -off box may be placed on private property, visible to the public for temporary periods not to exceed those set forth in the definition of temporary bin. G. A solid waste enterprise which has been notified by a commercial solid waste service recipient or the City that commercial solid waste service is to be discontinued at a particular service location shall remove all of its commercial bins from the premises of the service recipient who is discontinuing commercial solid waste service within one (1) week following receipt of ' notification that commercial solid waste service is to be discontinued. H. No solid waste enterprise shall place a commercial bin, construction and demolition material bin, temporary bin, roll -off box, or any container other than residential solid waste containers, at any location within the City unless the container is clearly marked with the name, address, and telephone number of the owner of the container and a unique container number. The identification shall be waterproof and legible. Residential solid waste containers shall be labeled as specified in an applicable solid waste franchise. I. Each solid waste enterprise shall maintain its solid waste containers within the City in a manner to protect public health and safety and prevent the spread of vectors. J. Each solid waste enterprise shall maintain its solid waste containers in the City free from any exterior paint or markings commonly referred to as "graffiti" or "tagging." K. Each solid waste enterprise shall post each of its solid waste containers in the City with conspicuous notices on the container that the container is not to be used for the disposal of liquid or hazardous waste. L. The City may require that commercial bins be stored in a bin enclosure with adequate space to accommodate containers for both recyclable solid waste and nonrecyclable solid waste containers. All new enclosures are subject to inspection by the City. Enclosures must be located ' in places convenient for the removal of the containers for collection. Enclosures, including gates and gate hardware, must be maintained in good working condition and readily accessible by the City. Storage of equipment or materials, except brooms, shovels, and fire extinguishers, and solid waste placed for collection, is prohibited unless specifically approved in writing by the City. (Ord. 09-4 § 1, 4/28/09) 1 15.44.410 Recyclable Materials and Recyclable Solid Wastes. A. Upon placement of recyclable solid waste at a designated recycling collection location, or placement of recyclable solid waste or recyclable materials in a container provided by a solid waste enterprise or by an authorized recycling agent for collection of recyclable solid wastes, the recyclable materials and recyclable solid waste become the property of the solid waste enterprise or authorized recycling agent, by operation of State law. See Public Resources Code Section 41950(c). B. The recycling or disposal of any recyclable solid waste which has become part of the solid waste stream by having been discarded shall be in accordance with the provisions of this chapter. C. Except as provided below, nothing in this chapter shall limit the right of any person, organization, or other entity to sell recyclable material owned by that person, organization or other entity or to donate recyclable material to a charity or any other entity other than a solid waste enterprise. D. If the seller or donor of recyclable material pays the buyer or the donee any consideration for collecting, processing, recycling, transporting or disposing of the recyclable material, or providing consultation services which exceed the selling price of the recyclable material, the transaction shall not be regarded as a sale or donation of recyclable material, but as an ' arrangement for the disposal of solid waste and shall be subject to this chapter. E. A person who receives a discount or reduction in the collection, disposal, and/or recycling service rates for unsegregated or segregated solid waste shall not be deemed to be selling or donating recyclable material and does not fall within this "donate or sell' exception. (Ord. 09-4 § 1, 4/28/09) 15.44.415 Green Waste. Green waste shall be cut into pieces not to exceed four (4) feet in length and six (6) inches in diameter, before being placed adjacent to a street or public right-of-way for collection. Green waste shall be placed in containers designated for the collection of green waste, or tied securely in bundles not exceeding fifty (50) pounds and shall not be contaminated with other forms of solid waste or with hazardous waste. No person shall mix green waste with other forms of solid waste, nor contaminate green waste with any other substance, unless specifically permitted by the City or a solid waste enterprise. Materials such as food waste or manure may be placed in green waste containers only if the City or franchised solid waste enterprise has established such a recycling program and only in the manner in which specifically directed by the City. (Ord. 09-4 § 1, 4/28/09) 15.44.420 Mandatory Organic Waste Recycling. A. For purposes of this section, "business" means a commercial or public entity including, , but not limited to, a firm, partnership, proprietorship. joint-stock company, corporation, or association that is organized as a for -profit or nonprofit entity, strip mall, school, school district, special district, federal, state, local, regional agency or facility. "Business" also includes amulti- family residential dwelling or mobile home park of five or more units. B. For purposes of this section, "organic waste" means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food -soiled paper waste that is mixed in with food waste. C. Commencing March 25, 2021, any business and any multi -family residential dwelling of five or more units generating two or more cubic yards of solid waste per week shall recycle, compost, or otherwise divert its organic solid waste from disposal by taking one, or any combination, of the following actions: 1. Source separate organic waste from the solid waste being discarded, and subscribe with the City's franchise hauler for the pick-up of the organic materials separately from the solid waste to divert the materials from disposal. 2. Source separate organic waste from the solid waste and self -haul them to a certified organic processing and recycling facility for diversion from disposal. a) Each business subject to this Section that does not subscribe with City's franchise hauler for pick-up of its organic materials shall be responsible for ensuring ' and demonstrating its compliance with the requirements of this Section to the City Manager or his/her designee with satisfactory proof of acceptable levels of organics recycling on a quarterly basis (January, April, July, and October). b) To comply with subsection C, property owners of multifamily complexes may require its contracted landscapers to recycle the green waste materials and provide satisfactory proof that the materials are being properly recycled and diverted from disposal. 3. The City's franchise hauler shall implement a commercial organics recycling program that consists of education, outreach and monitoring of businesses, that is designed to divert organic materials from businesses. 4. Nothing in this Section is intended to prevent or limit the existing right of any business to donate, sell or otherwise dispose of its organics materials as provided by §41952 of the Public Resources Code.