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Home My WebLink About1991-02-12 - AGENDA REPORTS - SOLID WASTE FRANCHISE AND ORD (2)AGENDA REPORT i City Manager Approval Item to be presented by: UNFINISHED BUSINESS John Medina, Director DATE: February 12, 1991 SUBJECT: ENACTING RESOLUTION FOR SOLID WASTE FRANCHISE AND SOLID WASTE ORDINANCE RESOLUTION/ORDINANCE NUMBERS: 91-27, 91-28, 91-29 / 91-10 91-11 DEPARTMENT: Public Works BACKGROUND At its January 29, 1991 regular meeting, the City Council reviewed and tentatively approved the residential solid waste franchise agreement between the City and the disposal companies commonly known as Atlas, Blue Barrel and Santa Clarita. The attached resolutions and ordinances are necessary to implement three identical solid waste franchise agreements to the three aforementioned disposal companies. Resolution 91-27 is required by State law (Section 49300 of the Public Resources Code) to prescribe the Council's terms and conditions to contract for the collection of solid waste. Resolution 91-28 establishes the -fee schedule pertaining to the collection of solid waste. Fees by resolution makes Council approved rate increases easier to implement as the franchise would not require an amendment. Resolution 91-29 establishes the service areas in which the the solid waste hauler may provide services pursuant to the franchise agreement. As the City grows, service area boundaries may require adjustments. This resolution makes Council approved service area changes easier to implement, as the franchise would not require an amendment. RECOMMENDATION Adopt Resolutions 91-27, 91-28, and 91-29. Adopt as an urgency ordinance, Ordinance 91-10 and moved to second reading Ordinance 91-11. Direct the Mayor to enter into exclusive franchise agreements with Atlas Disposal, Blue Barrel Disposal and Santa Clarita Disposal for the collection, transportation, recycling, composting and disposal -of solid waste, green wastes and recyclables Ordinance 91-10 and 91-11 amend the Municipal Code at Chapter 15.44 regarding regulations governing integrated waste management, including refuse collection and disposal services with in the City and authorizing the furnishing of such services by the City pursuant to franchise or permit. Resolution 91-27 Adopted:. -1-2 `i/ Resolution 91-28 Resolution 91-29 Agenda Item: Ordinance 91-10 Ordinance 91-11--pann2A •fto \J 6 RESOLUTION NO. 91-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA GRANTING EXCLUSIVE RESIDENTIAL SOLID WASTE FRANCHISES IN DESIGNATED FRANCHISE AREAS TO ATLAS DISPOSAL, BLUE BARREL DISPOSAL AND SANTA CLARITA DISPOSAL. WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ("AB 939"), has declared, that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdictions; and WHEREAS, pursuant to Public Resources Code Section 40059(a)(1), the City Council of the City of Santa Clarita has determined that the public health, safety and well-being require that exclusive franchises be awarded to qualified solid waste enterprises for integrated waste management, including collection and recovery of recyclables, green waste collection and composting, and solid waste disposal for residential areas in the City of Santa Clarita; and WHEREAS, the Santa Clarita Municipal Code authorizes the City Council of the City of Santa Clarita to award exclusive franchises for refuse collection in designated franchise areas for all or a portion. of residential properties in the City; and NOW, THEREFORE; BE IT RESOLVED, by the City Council of the City of Santa Clarita as follows: SECTION 1. The City Council of the City of Santa Clarita hereby finds, determines, and declares that the public convenience and necessity are served by the award of exclusive .franchises to ATLAS DISPOSAL, BLUE BARREL DISPOSAL AND SANTA CLARITA DISPOSAL for the collection, transportation, recycling, composting and disposal of solid waste, green wastes and recyclables. SECTION 2. The franchise agreements by which, on February 12, 1991, the City granted exclusive franchises for designated franchise areas to ATLAS DISPOSAL, BLUE BARREL DISPOSAL AND SANTA CLARITA DISPOSAL are hereby ratified, confirmed and approved and are attached hereto and are -1- apc/RES195222 1 ►1 hereby incorporated into this resolution by reference as if fully and accurately included.herein. SECTION 3. All prior resolutions and parts of resolutions in conflict with this resolution are hereby rescinded. PASSED AND ADOPTED by the City Council of the City of Santa Clarita at a regular meeting held on the _ day of , 19—. MAYOR I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the day of 19_, by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS CITY CLERK -2- apc/RES195222 0 RESOLUTION NO. 91-28 11 A RESOLUTION OF THE CITY OF SANTA CLARITA, CALIFORNIA ESTABLISHING A SERVICE FEE SCHEDULE FOR THE COLLECTION, RECYCLING AND.DISPOSAL OF SOLID WASTES, GREEN WASTES AND RECYCLABLES WHEREAS, the City of Santa Clarita has adopted Resolution No. 91-27 relating to the granting of an exclusive franchise for the collection, recycling and disposal of solid wastes, green wastes and recyclables within the City limits; and WHEREAS, the City Council has entered into an agreement with Santa Clarita Disposal Company, Blue Barrel Disposal Company and Atlas Disposal Company to collect, pick up and remove, recycle and dispose of solid wastes, green wastes and recyclables from all single family residences and all multi -family residences in the City of Santa Clarita, and WHEREAS, from time to time the landfill tipping fees fluctuate and the•franchise grantees should be compensated for those increase over which they have no control; and WHEREAS, Resolution No. 91-27 authorized to impose fees necessary for collection services of solid wastes, green wastes and recyclables to all Santa Clarita residents; and NOW, THEREFORE, the City Council of Santa Clarita does hereby resolve, determine, and order as follows: Section 1. The attached Exhibit A is the service fee schedule for the collection, recycling and disposal of solid wastes, green wastes and recyclables. Section 2. Landfill tipping fees that are increased less than 25 percent may increase the service rate to each customer and shall be apportioned on a pro -rata basis. The increased service rate shall be implemented 15 days after notifying the City Manager and pursuant to Section 21D, Residential Solid Waste Franchise Agreement. Section 3. The effective date of this Resolution shall take effect upon the effective date of the Franchise Agreement for the Collection, Transportation, Recycling and Disposal of Solid Waste, Green Wastes and Recyclables. PASSED, APPROVE AND.ADOPTED this day of 1991. MAYOR RESOLUTION NO. 91-28 ATTEST: CITY CLERK • 0 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof; held on the day of 1991 by the following vote of Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS DEL:82 - 2 - CITY CLERK I. II III 0 EXHIBIT "A" SCHEDULE OF RATES Single -Family Residential A. Levels of Service (Weekly) (1) One.90-gallon cart and a maximum 15.00 (2) of two 32 -gallon baggies, or two 15.00 (3) 32 -gallon barrels, or one of each; 1-1/2 yard bin, five times per week 195.00 a maximum of two bundles of brush, 50.00 (4) and an unlmited number of containers 15.00 (5) of recyclables $16.85 per month (2) Level (1) plus one additional 10.00 (7) 90 -gallon cart 25.28 per month (3) Level (1) plus two additional 15.00 90 -gallon carts 33.71 per month (4) Level (1) plus three additional 90 -gallon carts 42.13 per month B. Fees (1) Refundable Cart Deposit 15.00 (2) Redelivery Fee 15.00 (3) Replacement -or Additional Carts 1-1/2 yard bin, five times per week 195.00 Grantee's cost, not to exceed 50.00 (4) Replacement Cart Delivery Fee 15.00 (5) 34 -Gallon Recycling Cart Replacement 10.00 (6) Additional 34 -Gallon Recycling Cart 10.00 (7) Recycling Cart Delivery Free 15.00 (8) Restart Fee 15.00 Multi -Family Residential 1-1/2 yard bin, once per week 55.00 1-1/2 yard bin, twice per week 90.00 1-1/2 yard bin, three times per week 125.00 1-1/2 yard bin, four times per week 160.00 1-1/2 yard bin, five times per week 195.00 1-1/2 yard bin, six times per week 225.00 1-3 yard bin, once per week 65.00 1-3 yard bin, twice per week 100.00 1-3 yard bin, three times per week 135.00 1-3 yard bin, four times per week 170.00 1-3 yard bin, five times per week 205.00 1-3 yard bin, six times per week 235.00 Baggie Service Not to exceed 75% of base rate City Special Pickups Pickups 1-25 (per Grantee) No Charge Each additional pickup $50.00 D-1 RESOLUTION NO. 91-29 A RESOLUTION OF THE CITY OF SANTA CLARITA, CALIFORNIA DELINEATING SERVICE AREA BOUNDARIES FOR THE COLLECTION, RECYCLING AND DISPOSAL OF SOLID WASTES, GREEN WASTES AND RECYCLABLES WHEREAS, the City of Santa Clarita has adopted Resolution No. 91-27 relating to the granting of an exclusive franchise for the collection, recycling and disposal of solid wastes, green wastes and recyclables within the City limits; and WHEREAS, the City.Council has entered into an agreement with Santa Clarita Disposal Company, Blue Barrel Disposal Company and Atlas Disposal Company to collect, pick up and remove, recycle and dispose of all solid wastes, green wastes and recyclables within the City limits. WHEREAS, the number of service area customers will change as annexations or rezonings are approved by the actions of the City Council. NOW, THEREFORE, the City Council of Santa Clarita does hereby resolve, determine, and order as follows: Section 1. The initial service areas for Santa Clarita Disposal Company, Blue Barrel Disposal Company and Atlas Disposal Company are delineated on the attached map - "Exhibit A," dated April 14, 1991. Subsequent annexations and rezonings which are approved by the City Council may be reflected as changes on Exhibit A approved by the City Council. Section 2. The effective date of this Resolution shall take effect upon the effective date of the Franchise Agreement for the collection, transportation, recycling and disposal of solid wastes, green wastes and recyclables. ATTEST: PASSED, APPROVED AND ADOPTED THIS day of 1991. CITY CLERK MAYOR I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof; held on the day of 1991 by the following vote of Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS CITY CLERK DEL: 83 WPX/APC/ORD217028 0 ORDINANCE NO. 91-10 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 AND PROVIDING FOR ADOPTION AS AN URGENCY MEASURE WHEREAS, this ordinance authorizes the City Council to award exclusive franchises for refuse collection in designated franchise areas for all or a portion of the residential properties in the City; and WHEREAS, the City, on February 12, 1991, shall enter into franchise Agreements with Atlas Disposal, Blue Barrel Disposal and Santa Clarita Disposal for Integrated Waste Management for Residential Areas. 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: Parts• DIVISION 3 SOLID WASTE CHAPTER 15.44 INTEGRATED WASTE MANAGEMENT Part 1 Definitions Part 2 Integrated Waste Management Part 3 Fees, FranchisesandLicenses Part 4 Containers Part 5 Collection Part 6 Unlawful and Prohibited Acts Part 7 Special Collections Part 8 Collection Equipment -1- WPX/APC/ORD217028 • Sections• Part 9 Self -Haulers Part 10 Clean -Up Responsibility Part it Violations Part 1 - Definitions 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. 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. -2- WPX/APC/ORD217028 0 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" means bins provided by a Collector, usually three (3) cubic 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. 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 putrescible 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 -3- WPX/APC/ORD217028 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, multifamily 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 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 this section. -4- WPX/APC/ORD217028 Sections• Part 2 - Integrated Waste Management 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 waste and other, and may make or impose collection requirements which vary for such categories. 15.44.215. Collection Arrangements Required. The owner, occupant or other person responsible 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. -5- WPX/APC/ORD217028 Sections• • Part 3 - Fees, Franchises and Licenses 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. 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 seg., 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 costs of 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 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). WPX/APC/ORD217028 S (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 rates. (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. (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, -7- WPX/APC/ORD217028 0 adopting and implementing an integrated waste management plan, as well as setting and collecting annual commercial fees. (3) A franchise franchises of not less of gross revenue. fee for commercial than five percent (5%) (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 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. 15.44.325 Liability For Fees. (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 WPX/APC/ORD217028 u 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. Sections• Part 4 - Containers 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, tokeepin 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. (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. WPX/APC/ORD217028 Sections• Part 5 - Collection 15.44.500 Frequency Of Removal. 15.44.505 Containers - Located For Collection. 15.44.500 Freauencv 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. 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 -10- WPX/APC/ORD217028 • 16 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 Noncompactible 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 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; -11 WPX/APC/ORD217028 0 (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. Sections• 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. -12- WPX/APC/ORD217028 0 • 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. Sections• Part 9 - Self -Haulers 15.44.900 Authorized Dump Sites. 15.44.905 Spills. 15.44.910 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 -13- WPX/APC/ORD217028 0 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 Responsibilitv 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. 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. -14- WPX/APC/ORD217028 • • SECTION 3. This.ordinance is adopted as an urgency measure. The facts of the urgency are these: Providing for refuse collection and disposal services within the City is a matter directly related to the public health, safety.and welfare. This ordinance authorizes the City to enter into franchise agreements to.provide for refuse collection and disposal services within the City. The immediate enactment of this ordinance is therefore necessary to ensure the.continued operation of refuse collection and disposal services, and is thereby directly related to the public health, safety and welfare. Therefore, this ordinance shall be effective immediately upon adoption. SECTION 4. The City Clerk shall certify to the passage of this ordinance and shall cause it to be published in the manner prescribed by law. PASSED, APPROVED AND ADOPTED this day of 1990. ATTEST: DONNA GRINDEY City Clerk mg.= CARL BOYER MAYOR 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. 91-10 was duly adopted at a regular meeting of the City Council on the 12th day of February. 1991, by the following four-fifths vote, to wit: AYES: COUNCILMEMBERS: Darcy, Klajic, McKeon, Boyer NOES: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: Beidt CITY CLERK WPX/APC/ORD452535 0 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: WPX/APC/ORD452535 Parts: Sections: DIVISION 3 SOLID WASTE CHAPTER 15.44 INTEGRATED WASTE MANAGEMENT Part 1 Part 2 Part 3 Part 4 Part 5 Part 6 Part 7 Part 8 Part 9 Part 10 Part 11 15.44.010 15.44.015 15.44.020 15.44.025 15.44.030 15.44.035 15.44.037 15.44.040 15.44.045 15.44.050 15.44.055 15.44.060 15.44.065 15.44.070 15.44.075 15.44.080 15.44.085 15.44.090 15.44.095 15.44.100 Definitions Integrated Waste Management Fees, Franchises and Licenses Containers Collection Unlawful and Prohibited Acts Special Collections Collection Equipment Self -Haulers Clean -Up Responsibility Violations Part 1 - Definitions Definitions Generally. City. City Manager. Collection. Collector. Commercial Bins. Commercial Premises Construction Material. Container. Contractor. Detachable Bin. Garbage. Hazardous Refuse. Person. Place or Premises Refuse. Residential. Rubbish. Standard Residential Waste Matter. Refuse Container. 0 WPX/APC/ORD452535 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" means.bins provided by a Collector, usually three (3) cubic 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. ! 0 WPX/APC/ORD452535 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, multifamily 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 WPX/APC/ORD452535 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 this section. Sections: Part 2 - Integrated Waste Management 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 0 0 WPX/APC/ORD452535 waste and other, and may make or impose collection requirements which vary for such categories. 15.44.215 Collection Arrangements Required. The owner, occupant or other person responsible 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. Sections: Part 3 - Fees, Franchises and Licenses 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. 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 sec., the City shall prescribe fees for refuse collection, transfer and disposal, and the collection and transfer of recyclables and compostables. Such fees may includechargesfor the use of dumps or landfills, and may include costs. of 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 • 0 WPX/APC/ORD452535 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 rates. (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. n WPX/APC/ORD452535 (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 ofpreparing, 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 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. WPX/APC/ORD452535 0 a 15.44.325 Liability For Fees. (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. Sections• Part 4 - Containers 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. WPX/APC/ORD452535 (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 Frequency 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. WPX/APC/ORD452535 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 Noncompactible 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 WPX/APC/ORD452535 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. WPX/APC/ORD452535 Sections: 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 andsanitarycondition, 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. WPX/APC/ORD452535 Sections: 15.44.900 15.44.905 15.44.910 Part 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. WPX/APC/ORD452535 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. WPX/APC/ORD452535 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. This Ordinance shall be in full force and effect thirty days after its passage. A summary of this Ordinance shall be published in a newspaper published and circulated in said City at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed.Ordinance shall be posted at City Hall. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. PASSED, APPROVED AND ADOPTED this day of , 1990. CARL BOYER --- MAYOR ATTEST: DONNA GRINDEY City Clerk 0 WPX/APC/ORD452535 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SANTA'CLARITA • I, Donna Grindey, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 90- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 1990, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of -the City Council on the _ day of , 1990, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: DONNA GRINDEY CITY CLERK City of Santa Clarita Carl Boyer, 3rd Mayor Jill Klajic Mayor Pro -Tem Jo Anne Darcy Councilmember Jan Heidt Councilmember Howard "Buck' McKeon Councilmember 23920 Valencovd. Suite 300 City of Santa Clarita California 91355 February 13, 1991 Phone (805) 259-2489 Fax (805) 259-8125 Larry Spittler General Manager Waste Management San Fernando Valley 9081 Tujunga Avenue Sun Valley, California 91352 Re: Notice to Terminate Residential Refuse/Recycling Collection Services in Santa Clarita Dear Mr. Spittler: In accordance to Section 40059(a) (2) of the California Public Resources Code, the Santa Clarita City Council at their regular meeting of February 12, 1991, took.action to grant exclusive residential solid waste franchises to the refuse disposal companies commonly known as Atlas, Blue Barrel and Santa Clarita. The franchises are for the collection, transportation, recycling, composting.and disposal of solid wastes, green wastes and recyclables within the -City limits as they exist on the effective date of the franchise agreement. These residential franchise agreements include both single family units and multi -family units such as appartments and condominiums. Public testimony at the January 29, 1991 City Council meeting by persons indentifing themselves as employees and representitves of Waste Management stated that Waste Management has-been providing residential service since November of 1990. This is 33 months short of the three years required by Section 49520 of the Public Resources Code and as such, Section 49520 does not apply to Waste.Management with respect to the solid waste handling services for residential units within the City for five more years. Therefore, it is requested that Waste Management/San Fernando Valley notify City residents to which it provides services as well as potential Waste Management customers that Waste Management can no longer provide residential solid waste services beyond the date of April 14, 1991. Additionally, customers of Waste Management shall be notified by.Waste • i Larry Spittler February 13, 1991 Page 2 Management 10 days prior to April 14, 1991, to contact the City at 255-4970 to reestablish solid waste collection and recycling services and that no fees for changing companies will be required. Should you have any questions regarding this letter of the franchise agreement please contact me or John Medina, Director of Public Works. Sincerely, George A. Caravalho City Manager GAC:DEL:77 cc: Carl Boyer, Mayor Carl K. Newton, City Attorney John Medina, Director of Public Works Hazel Joanes, Solid Waste Coordinator 0 CITY OF SANTA CLARITA I N T E R O F F I C E M E M 0 R A N D,U M TO: Honorable Mayor and City CounVSolidWaste FROM: George Caravalho, City Manage DATE: February 12, 1991 SUBJECT: Agenda Item 12/Resolution 91-.Seryice Area Attached for tonight's consideration of Resolution 91-29 is Exhibit "A" of said Resolution. 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