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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />OCTOBER 4, 2010 <br />TITLE: <br />ORDINANCE AMENDING THE SANTA ANA <br />MUNICIPAL CODE RELATING TO <br />RECYCLING <br />L'A' a-- <br />CITY MANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />? As Recommended <br />? As Amended <br />? Ordinance on 1" Reading <br />? Ordinance on 2"d Reading <br />? Implementing Resolution <br />? Set Public Hearing For_ <br />CONTINUED TO <br />FILE NUMBER <br />Amend the ordinance Solid Waste Collection Regulations Article III to Chapter 16 of the Santa <br />Ana Municipal Code relating to exclusivity and exclusions thereto (recycling). <br />DISCUSSION <br />The Public Works Agency manages the City's refuse and recycling programs and contracts. The <br />City currently has two authorized refuse and recycling haulers, Waste Management and Ware <br />Disposal. Waste Management is the exclusive hauler for all waste types with the exception of <br />construction and demolition debris. Ware Disposal is only authorized to haul construction and <br />demolition debris. <br />The City's municipal code requires all generators to contract for service with an authorized hauler. <br />The exception to this rule allows generators to donate or sell their recyclables; however, the <br />generator is not allowed to pay the buyer or donee any compensation in lieu of collection fees. <br />However, it does not specifically limit a third party from arranging for collection service and <br />charging a fee for that service. <br />Recently, there has been an increase in reported incidents of refuse and recycling services being <br />provided by unauthorized haulers through service contracted by a third party. The proposed <br />change to the ordinance will help to eliminate this practice and limit a generator of recyclable <br />material to donating or selling the materials. The changes will give the Public Works Agency <br />additional tools to ensure that City ordinances are enforced. <br />5OA-1