HomeMy WebLinkAbout1991-02-26 - AGENDA REPORTS - INTEGRATED SOLID WASTE (2)AGENDA REPORT
City Manager Approval
Item to be presentedy:
UNFINISHED BUSINESS John Medina. Director
J
DATE: zFebruary 26, 1991
SUBJECT: INTEGRATED SOLkD WASTE ORDINANCE No.91-11
DEPARTMENT: Public Work;
BACKGROUND
At its February 12, 1991 regular meeting, the City Council passed to second
reading Ordinance No. 91-11. This Ordinance arr-TLb the Municipal. Code at
Chapter 15.44 regarding regulations governing integrated waste management,
including refuse and recyclable collection and disposal and recycling services
within the City. The Ordinance authorizes the furnishing of such services by
the City or pursuant to franchise or permit. The Ordinance is submitted for
second reading.
RECOMMENDATION
Adopt Ordinance 91-11.
Ordinance 91-11
Adopted: �L
Agenda {tem:
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ORDINANCE NO. 91-11
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, AMENDING THE
MUNICIPAL CODE AT CHAPTER 15.44 REGARDING
REGULATIONS GOVERNING INTEGRATED WASTE
MANAGEMENT, INCLUDING -REFUSE COLLECTION
AND DISPOSAL SERVICES WITHIN THE CITY,
AUTHORIZING THE FURNISHING OF SUCH
SERVICES BY THE CITY OR -PURSUANT TO
FRANCHISE OR PERMIT
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The Santa Clarita Municipal Code.is
amended at Chapter 15.44 relating to integrated waste
management to read as follows:
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Parts:
DIVISION 3
SOLID WASTE
CHAPTER 15.44
INTEGRATED WASTE MANAGEMENT
Part
1
Definitions
Part
2
Integrated Waste Management
Part
3
Fees, Franchises and Licenses
Part
4
Containers
Part
5
Collection
Part
6
Unlawful and -Prohibited Acts
Part
7
Special Collections
Part
8
Collection Equipment
Part
9
Self -Haulers
Part
10
Clean -Up Responsibility
Part
11
Violations
Part 1 - Definitions
Sections:
15.44.010
Definitions Generally.
15.44.015
City.
15.44.020
City Manager.
15.44.025
Collection.
15.44.030
Collector.
15.44.035
Commercial Bins.
15.44.037
Commercial Premises
15.44.040
Construction Material.
15.44.045
Container.
15.44.050
Contractor.
15.44.055
Detachable Bin.
15.44.060
Garbage.
15.44.065
Hazardous Refuse.
15.44.070
Person.
15.44.075
Place or Premises
15.44.080
Refuse.
15.44.085
Residential.
15.44.090
Rubbish.
15.44.095
Standard Residential Refuse.Container.
15.44.100
Waste Matter.
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15.44.010 Definitions Generally. For the purpose
of this Chapter the following words and phrases shall have
the meanings respectively ascribed to them by this Part 1.
Words and phrases not ascribed a meaning by this Part 1
shall have the meaning ascribed by Division 30, Part 1,
Chapter 2 of the Public Resources Code, Sections 40105-
40200.
15.44.015 City. "City" means the City of Santa
Clarita. .
15.44 020 City Manager. "City Manager" means the
city manager of the City or the City.Manager's duly
authorized representative.
15.44.025 Collection "Collection" means the act
of collecting solid waste, recyclables or compostables at
the place of generation by an approved collector.
15.44.030 Collector "Collector" means, depending
upon the context in which used, either the City, another
local agency or a Contractor:
15.44.035 Commercial Bins. "Commercial bins"
r means bins provided by a Collector, usually three (3) cubic
t 1 yards or greater capacity designed for the deposit of
refuse, charged at commercial rates.
15.44.037 Commercial Premises. "Commercial
Premises" means all premises in the City, other than
residential premises, where refuse is generated or
accumulated.
15.44.040 Construction Material. "Construction .
material" means discarded material from the construction or
demolition of buildings, roads and bridges and other
structures to include concrete, rocks, asphalt,
plasterboard, wood and other related construction material,
but not asbestos -containing materials.
15.44.045 Container. "Container" means any bin,.
vessel, can or receptacle used for collecting solid wastes
for removal, whether owned by the Collector, property owner
or tenant.
15.44.050 Contractor. "Contractor" means a
person, persons, local agency, firm or corporation
franchised, authorized or permitted by the city to provide
refuse, recycling or compostable collection services within
the city.
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15.44.055 Detachable Bin. "Detachable bin" means
a metal container designed for mechanical emptying and
provided by the City or Contractor for the accumulation and
storage of refuse.
15.44.060 Garbage. "Garbage" means the putres-
cible animal, fish, fowl, food, fruit, bakery goods or
vegetable matter resulting from the preparation, storage,
processing, handling, decay distribution, manufacturing or
consumption of such substance, except suet, tallow, bones or
meat trimmings that are not rejected by the owner or
producer as worthless or useless.
15.44.065 Hazardous Refuse. "Hazardous refuse"
means any compound, mixture, substance or article which, if
improperly used, handled, transplanted, processed or stored,
may constitute a hazard to health or may cause damage to
property and contaminate the water table by reason of being
explosive, flammable, poisonous, corrosive, radioactive or
otherwise harmful to the environment, including wastes or
refuse defined as hazardous under state,or federal Law.
15.44.070 Person. "Person" means any individual,
firm, corporation, association, group, entity or combination
acting as a unit.
15.44.075. Place or Premises. "Place" or
"premises" means every dwelling house; dwelling unit;
apartment house or multiple dwelling building, -.trailer or
mobile home park; store; restaurant; rooming house; hotel;
motel; office building; department store; manufacturing,
processing or assembling shop or plant; and every other
place or premises where any person resides, or any business
is carried on or conducted within the city or any other site
upon which garbage, waste or refuse is produced or
accumulates.
15.44.080 Refuse. "Refuse" includes both garbage
and rubbish and means putrescible and nonputrescible solid
waste or debris, except sewage, whether combustible.or
noncombustible, and includes garbage and rubbish defined in
this section.
15.44.085 Residential. "Residential" includes
single family residences, mule family residences, including
apartments and condominiums, but does not include hotels or
motels.
15.44.090 Rubbish. "Rubbish" means nonputrescible
unwanted or discarded material or debris, either combustible
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or noncombustible including but not limited to paper,
cardboard, grass, tree or shrub trimmings, straw, clothing,
wood or wood products, crockery, glass, rubber, metal,
plastic, construction or demolition material, recyclables,
compostables, bulky wastes and other municipal solid waste.
15.44.095 Standard Residential Refuse Container.
"Standard residential refuse container" means a container of
a size, design and weight prescribed by the City Council by
resolution, for residential solid waste collection, designed
and manufactured for the accumulation and storage of
residential refuse. The top diameter of the container shall
in no case be smaller than the diameter of the receptacle at
the bottom.
15.44.100 Waste Matter. "Waste matter" means
"rubbish" as defined in t— hi— s tion.
.Part 2 - Integrated Waste Management
Sections•
,.} 15.44.200 Provision of Service.
15.44.205 Manner, Time and Frequency of
Collection.
15.44.210 Categories.
15.44.215 Collection Arrangements Required.
15.44.200 Provision of Service. The City shall
provide for or furnish integrated waste management services
relating to collection, transfer, and disposal of refuse,
recyclables and compostables within and throughout the
city. Such services may be furnished by any one.or
combination of the following: (i) city officers and
employees; (ii) contractors franchised or licensed by the
city, or (iii) agreement with another local agency.
15.44.205 Manner, Time and Frequency of
Collection. The City Council shall adopt resolutions,
specifying the manner in which integrated waste management
services are provided within the City, specifying the hours,
days and frequency of collection.
15.44.210 Categories. The City Council may
determine waste management collection categories, i.e.,
residential, multifamily residential, or commercial,
industrial, special, special event, household hazardous
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waste and other, and may make or impose collection
requirements which vary for such categories.
15.44.215 Collection ArrangemenRequired. The
owner, occupant or other person responsiblets for the day to
day operation of every property in the City of Santa Clarita
shall make arrangements with the City, another local agency
approved by the City, or a contractor franchised or licensed
by the City for the collection of refuse, recyclable
materials, and compostable materials as set forth in this
Chapter.
Part 3 - Fees, Franchises and Licenses
Sections:
15.44.300 Fees, Franchises and Licenses.
15.44.305 Residential Refuse Collection
Franchise.
15.44.310 Commercial Refuse Collection
Franchise.
15.44.315 Hazardous Waste Collection Franchise.
15.44.320 Licenses.
r ` 15.44.325 Liability For Fees.
15.44.300 Fees, Franchises and Licenses
(a) Pursuant to Division 30, Part 3, Chapter
8 of the Public Resources Code Sections 41900 et seq., the
City shall prescribe fees for refuse collection, transfer
and disposal, and the collection and transfer of recyclables
and compostables. Such fees may include charges for the use
of dumps or landfills, and may include costsof preparing
and implementing source reduction and recycling elements and
integrated waste management plans. The City may determine
to collect all or part of such charges on the tax roll, or
by such other means as the Council may elect, .whether or not
delinquent.
(b) The City Council may by resolution, waive
permit fees for recyclers and collectors of compostables.
15.44.305 Residential Refuse Collection Franchise.
(a) The City Council may award exclusive
franchises in designated franchise districts for refuse
collection from all or a portion of residential properties
in the City. Any such, exclusive franchise.shall be granted
by the City Council by resolution, upon a determination that
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the public convenience and necessity are served by the award
of an exclusive franchise.
(b) The franchise shall be granted on such
terms and conditions as the City Council shall establish in
its sole discretion. At a minimum, the franchise shall
provide as follows:
(1) Residential collection rates by
categories (e.g., single family and
multifamily).
(2) The Contractor shall pay the City
fees to reimburse the cost of preparing,
adopting and implementing an integrated waste
management plan, as well as setting and
collecting annual residential fees.
(3) Discounts for senior citizens and
for single billing of multiple residential
units.
(4) Multifamily units may be required
to utilize commercial bins, at commercial
r rates.
t.
(5) A franchise fee to be paid to'the
City for an exclusive residential franchise of
not less than five percent (5%) of gross
revenue.
(6) The Contractor shall be required to
cooperate with City .in solid waste generation
studies, waste stream audits, and to implement
measures.to achieve the City's solid waste and
recycling goals mandated by the California
Integrated Waste Management Act of 1989.
15.44.310 Commercial Refuse Collection Franchise.
(a) The City Council may.award exclusive
franchises for refuse collection from commercial (including
industrial, governmental, institutional and all other
nonresidential) properties. Such franchises shall be
granted by the City Council by resolution, upon a
determination that the public convenience and necessity are
served by the award of the franchise.
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(b) The franchise shall be granted on such
terms and conditions. as the City Council shall establish in
its sole discretion. At a minimum, the franchise shall
provide as follows:
(1) Commercial collection rates set
according to different classes of commercial
rates, based on volume, frequency of
collection and waste stream composition.
(2) The Contractor shall pay the City
fees to reimburse the cost of preparing,
adopting and implementing an integrated waste
management plan, as well as setting and
collecting annual commercial fees.
(3) A franchise fee for commercial
franchises of not less than five percent (5%)
of gross revenue.
(4) Contractors shall be required to
cooperate with City in solid waste generation
studies and waste stream audits and to
implement measures to achieve the City's
t source reduction, recycling and waste stream
diversion goals.
15.44.315 Hazardous Waste Collection Franchise.
(a) The City Council may award additional
franchises for hazardous waste collection from commercial
(including industrial, governmental, institutional and all
other. nonresidential) properties. Such franchises shall be
granted by the.City Council by resolution, upon a
determination that the public convenience and necessity are
served by the award of the franchise.
(b) The franchise shall be granted on such
terms and conditions as the City Council shall establish in
its sole discretion.
15.44.320 Licenses. .No person shall construct or
operate a solid waste management facility including but not
limited to a materials recovery facility, landfill,
composting facility or buy-back recycling center without a
license issued by the.City, upon satisfying all City
requirements for land use and other approvals. Fees for
such licenses shall be set by the City Council by
resolution.
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15.44.325
Liability For Fees.
U*
(a) Every person required to arrange for
refuse collection or the collection of recyclable or
compostables shall be liable for the service access fees and
charges for such collection, whether or not collection
services are utilized.
(b) The owner, the occupant or other person
responsible for day-to-day operation of the premises shall
make arrangements for collection to meet the requirements of
this ordinance. If service fees and charges (and any
applicable interest or penalties) are not paid as required
the owner and occupant each shall be jointly and severally
liable for their payment. The City may collect the fees and
charges (plus any interest or penalties) on the property tax
roll for the property.
Part 4 - Containers
Sections:
15.44.400 Containers: Location.
15.44.405 Use Of Containers.
15.44.410 Unlawful Acts.
15.44.400 .Containers: Location. It is the duty
of every person designated under Part 2 -in possession,
charge or control of any place within the City, in or from
which refuse accumulates or is produced, to keep in a
suitable place readily accessible to the collector,
containers capable of holding without spilling all refuse
which would ordinarily accumulate on the premises between
the time of two successive collections.
15.44.405 Use Of Containers.
(a) Every person designated under Part 2 who
is in charge of residential or commercial premises shall
deposit or cause to be deposited all refuse in standard
containers or bins as -approved by the City Manager and the
collector.
(b) No person shall maintain or place for
collection any container not in conformance with the
standard container or bin designated by the City.
(c) No container shall be placed adjacent to
a street or public right-of-way for collection service more
than twelve hours prior to the normal collection time.
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(d) Containers shall -be removed from the
street or right-of-way location within twelve hours after
collection.
15.44.410 Unlawful Acts. It is unlawful for any
person to place refuse in, or to otherwise use the refuse
containers of another person, without the permission of such
other person.
Sections:
Part 5 - Collection
15.44.500 Frequency Of Removal.
15.44.505 Containers - Located For Collection.
15.44.500 Freouencv of Removal.
(a) Persons in charge of the day to day
operation of properties other than food preparation
establishments, shall make arrangements to have removed, not
less frequently than once a week, from the property upon
which the residence or residences are located, all refuse on
the premises.
(b) Every person in charge of food
preparation establishments, shall cause all refuse to be
removed from the property not less frequently than twice a
week.
(c.) The City Manager shall specify the
frequency of collection of refuse created, produced or
brought upon the premises of commercial or multifamily
residential premises, and the size and number of bins
required.
15.44.505 Containers - Located For Collection.
During the hours for collection, residential containers
shall be placed at the curb or.right of way for collection
and shall be accessible for mechanized pick-up. Commercial
bins shall be accessible to the collector.
Sections:
Part 6 - Unlawful And Prohibited Acts
15.44.600 Use Of Containers.
15.44.605 Removal Of Refuse.
15.44.610 Noncompactible Refuse.
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15.44.615
Institutional, Commercial Or
Industrial Refuse.
15.44.620
Refuse Burning.
15.44.625
Franchise: Applicability.
15.44.630
Unauthorized Removal.
15.44.635
Public Nuisance.
15.44..600 Use Of Containers. The keeping of
refuse in containers or bins other than those prescribed by
this chapter, or the keeping upon premises of refuse which
is offensive, obnoxious, or unsanitary is unlawful,
constitutes a public nuisance and may be abated in the
manner now or hereafter provided by law for the abatement of
nuisances.
15.44.605 Removal Of Refuse. No person, other
than the person in charge of any premises, or the .person
authorized by law to remove any container or bin from the
location where the container was placed by the person in
charge for storage or collection, shall remove any refuse
from any container or bin, or move the container or bin from
the location in which it was placed for storage or
collection, without prior written approval of the person in
charge of such premises.
15.44.610 N_oncompactible:Refuse. No person shall
place noncompactible refuse adjacent to a street or public
right-of-way for collection or removal purposes without
prior approval and arrangements with the collector.
15.44.615 Institutional, Commercial Or Industrial
Refuse. It is unlawful for any person to place or deposit
institutional, commercial, industrial, special or hazardous
waste in any container placed upon the public street by
public authority, and meant primarily for the disposal of
refuse by pedestrians using the sidewalk.
15.44.620 Refuse Burning. 'No person shall burn
any refuse within the City, except in an approved
incinerator or transformation facility or other device for
which a permit has been issued by the Building Official, and
which complies with all applicable permit and other
regulations of air pollution control authorities, and
provided any such act of burning in all respects complies
with all other laws, and rules and regulations.
15.44.625 Franchise: Applicability. At such
times as a franchise for collection covering all or part of
the City is in force, it shall be unlawful for any person
other than the contractor or its agents and employees, to
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collect any refuse for hire from premises covered by the
franchise. This section shall not, however, be deemed to
apply to:
(a) Recycling;
(b) Removal of debris, rubbish and trash from
construction or demolition sites;
(c) Any persons holding a valid city business
license to engage in the nursery or gardening business;
(d) Any person removing shrubbery, grass,
tree cuttings, tree trimmings or other agricultural debris
from any property owned or occupied by the person; or
(e) Hazardous or special wastes.
15.44.630 Unauthorized Removal. It is unlawful
for any person, other than a person holding a contract for
the collection of rubbish, to take, remove or appropriate
for his own use any refuse which has been placed in any
street or alley for collection or removal, whether the
refuse is so placed in regular containers or not.
15.44.635. Public Nuisance. It is unlawful, and a
public nuisance, for any person to occupy, inhabit or
maintain any property within the City for which appropriate
arrangements have not been made and kept in full.force and
effect for regular refuse removal services.
Section:
Part 7 - Special Collections
15.44.700 Special Collections.
15.44.700 Special Collections. The City Council
may authorize, and subscribers to a refuse collection
service may order, special -collections of such things as
discarded furniture, white goods, Christmas trees and other
items too large to fit in standard containers, semiannual
cleanups, and household hazardous wastes, subject -to City
Council approval, and the payment of rates established by
the City Council, by resolution.
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Sections:
P It
Part 8 - Collection Equipment
15.44.800
Contractor Equipment
15.44.805
Trucks: Standards.
15.44.810
Trucks: Maintenance.
15.44.815
Trucks: Identification.
15.44.820
Trucks: Cleaning.
15.44.825
Containers -Condition.
15.44.800. Contractor Equipment. Each Contractor
shall provide sufficient collection equipment in accordance
with the terms of the contract with the City authorizing
such Contractor to provide collection, transfer and disposal
services.
15.44.805. Trucks: Standards. Any truck used for
the collection or transportation of waste matter shall be
leakproof and equipped with a close -fitting cover which
shall be affixed in a manner that will prevent spilling,
dropping or blowing of any refuse upon the public right-of-
way during collection or transportation.
15.44.810 Trucks: Maintenance. All trucks used
for collection or transportation of refuse shall be
maintained in a clean and sanitary condition, neatly and
uniformly painted, and shall carry a shovel, broom and fire
extinguisher.
15.44.815 Trucks: Identification. The owner of
each truck used for collection or transportation of refuse
shall.have the owner's name, telephone number and truck
number printed on each side of all trucks in letters not
less than three inches high.
15.44.820 Trucks: Cleaning. All garbage -
conveying trucks, tanks, containers and other garbage
receptacles shall be washed, cleaned and disinfected both on
the inside and outside at least weekly, or more frequently
if necessary to protect public health. The outside of all
such trucks shall be kept free from refuse at all times.
15.44.825 Containers -Condition. The collector
shall maintain in good repair and, as necessary, replace
containers and bins furnished to customers.
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Sections:
a
15.44.900
15.44.905
15.44.910
t 9 - Self -Haulers
Authorized Dump Sites.
Spills.
Misdemeanor.
15.44.900 Authorized Dump Sites. Each person
removing refuse from his own premises shall deposit such
refuse only at authorized disposal or dumping sites,
recycling or composting facilities and shall not deposit,
leave, dump, drop, place or otherwise dispose of such refuse
or other waste upon any street, alley, waterway or other
unauthorized or unimproved lot or any other place within the
City. Such persons shall report the type, quantity, volume
and weight of refuse removed,.to the.City Manager, at such
times as the Manager may specify.
15.44.905 Spills. In transporting refuse any
self -hauler shall take any and all necessary steps to
guarantee that refuse is not scattered. Self -haulers shall
clean up refuse spilled, or dumped during removal or
transport within the City.
. 15.44.910 Misdemeanor. Violation of this Part 9
shall be a misdemeanor.
Sections:
Part 10 - Clean-up Responsibility
15.44.1000 Responsibility.
15.44.1000 Responsibility.' Until picked up by a
collector, each person shall be responsible for the cleanup
of any and all refuse which that person has generated,
dumped, spilled or otherwise lost or littered,
notwithstanding human or animal interference with bins or
containers (whether or not standard containers were used),
wind or other natural forces, and whether during storage,
collection, removal, or transfer. The City or contractor
shall be responsible for any refuse spilled during its
storage,.collection, removal or transfer.
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Section:
Part 11 - Violations
15.44.1100 Violation.
15.44.1100 Violation. Except as otherwise
provided in this Chapter, violations of this Chapter are
punishable as set out in Sections 1.01.200 through 1.01.260
of the Municipal Code.
SECTION 2. SEVERABILITY. The City Council hereby
declares that the provisions of this Ordinance are severable and if
for any reason a court of competent jurisdiction shall hold any
sentence, paragraph, or section of this Ordinance to be invalid,
such decision shall not affect.the validity of the remaining parts
of this Ordinance.
SECTION 3. The City Clerk shall certify to the adoption
of this ordinance and cause a copy of this ordinance, to be
published in the manner prescribed by law.
PASSED, APPROVED AND ADOPTED this day of ,
1991.
Mayor
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I; Donna M. Grindey, City Clerk of the City of Santa Clarita,
do hereby certify that the foregoing Ordinance No. 91-_ was duly
introduced and placed upon its first reading at a regular meeting
of the City Council on the day of 1991, and
that thereafter, said Ordinance was duly adopted and passed at a
regular meeting of the City Council on the day of ,
1991, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK