Loading...
HomeMy WebLinkAboutNS-2199 - Amending Article II of Chapter 16 of Santa Ana Municipal Code Pertaining to Solid Waste Collection Regulationstat: 5/10/93 ORDINANCE NO. NS 2199 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING ARTICLE II OF CHAPTER 16 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO SOLID WASTE COLLECTION REGULATIONS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That section 16-28 of the Santa Aha Municipal Code is hereby amended to read as follows: Sec. 16-28. Short title. This article shall be known and may be cited as the "Municipal Solid Waste Collection Regulations" of the city. SECTION 2: That the Santa Aha Municipal Code is hereby amended by adding a section, to be number 16-28.5, which said section reads as follows: Sec. 16-28.5 Purpose of this ~rtiole. It is in the public interest, health and safety that the collection, transportation and recycling, diversion by means of composting, mulching and/or transforming and disposal of all solid waste in the city be regulated by the city. In order for the city to both manage the solid waste generated within the city and to comply with the California Integrated Waste Management Act of 1989 (commencing with section 40000 of the California Public Resources Code), and any amendments made thereto, the city deems it necessary to provide rules and regulations relating to solid waste. SECTION 3: That section 16-29 of the Santa Ana Municipal Code is hereby amended to read as follows: Seo. 16-29. Definitions. (a). Bin Service shall mean all collection services provided by means of collection bins of various sizes. solid waste front-loaded (b). Cali$ornia Intearated Waste Manaaement Act shall mean that act codified by California Public 0 0 0 0 1 --Page 2 Resources Code Sections 40000 et seq., and any subsequent amendments thereto. (c). Commercial/Industrial Bin Service shall mean bin service which is provided to commercial and/or industrial units. (d). ~omDost means the product resulting from the controlled biological decomposition of organic wastes that are source separated from the solid waste stream. (e). ComDostina means a method of waste treatment which produces a product meeting the definition of "compost" herein. (f). ComDostina Facility means a state permitted solid waste facility at which composting is conducted and which produces a product meeting the definition of compost. (g). Construction and Demolition Solid Waste includes solid wastes, such as building materials, and packaging and rubble resulting from construction, remodeling, repair and demolition operations on streets, pavements, houses, commercial buildings, and other structures. (h). Curbside Service Unit shall mean each single family residence and duplex unit which receives curbside collection services. This shall include commercial curbside users and any multi-family, business or professional user which does not require bin service as determined by the executive director of public works. (i). Executive Director shall mean the Executive Director of Public Works of city, or his or her designate. (j). Hazardous Wastes are those wastes which, because of their physical or chemical characteristics, cannot be disposed of in a Class III landfill under the applicable laws and regulations of the State of California. (k). Permitted Solid Waste Facility means a solid waste facility for which there exists a Solid Waste Facilities Permit issued by the local enforcement agency and concurred in by the California Waste Management Board. (1). Person shall include, without limitation, associations, clubs, societies, firms, partnerships, sole 2 184 proprietorships, corporations, schools, colleges and all governmental agencies and entities, as well as individuals, including the officers of such associations, corporations, etc. (m). Processina means the reduction, separation, recovery, conversion or recycling of solid waste. (n). Recvclable Solid Waste means and includes, those solid wastes which may be sorted, cleansed, treated, processed and/or reconstituted for purposes of reuse. Recyclable solid wastes are not a separate category of materials, but merely an evolving portion of the entire stream of solid waste generated within the city. (o). Recvclina means collecting, sorting, cleansing, treating, processing and reconstituting recyclable solid wastes for the purpose of reuse. (p). Residential Bin Service shall mean bin service which is provided to any and all residential users which request or require such services. (q). Roll-Off Service shall mean solid waste collection from transportable containers of 10 cubic yards or larger Which are dropped off at a residence, commercial or industrial establishment and later removed for collection of contents of said container. Roll-off service includes compactors which may be used with roll- off containers. (r). Solid Waste shall mean all solid wastes, including, hut not byway of limitation, recyclable solid wastes, whether now recyclable or not, generated and/or accumulated by all residential, commercial and industrial sources, and at all construction and demolition sites within the city; provided, however, that solid waste shall not be deemed, for purposes of this ordinance, to include any hazardous wastes as defined hereinabove. (s) Waste tvDe means identified wastes having the features of a group or class of wastes which are distinguishable from any other waste type, as identified by the City's Source Reduction and Recycling Element. (t). yard Waste means any wastes generated from the maintenance or alteration of public, commercial or residential landscapes including, but not limited to, leaves, yard clippings, tree trimming, brush, weeds and prunings. ORDINANCE NS-2199 Page 4 SECTION 4: That section 16-29.5 of the Santa Aha Municipal Code is hereby repealed. ~ That section 16-30 of the Santa Aha Municipal Code is hereby amended to read as follows: Sec. 16-30. Exclusivity and exclusions thereto. (a) The city and its solid waste collection contractor have the exclusive duty, right and privilege to collect, transport, process, recycle, divert by means of composting, mulching, and/or transforming, retaining and disposing of all solid waste accumulated, produced or generated in the City of Santa Ana, and all solid waste placed for collection either by the city or its solid waste collection contractor shall be deemed to be the property thereof, except as otherwise provided herein. This exclusivity shall not include construction and demolition solid waste which has accumulated and/or been generated at a temporary construction site and which is being disposed of in a roll-off container(s). (b) Persons who generate solid waste, or persons who own the premises upon which solid waste has generated or accumulated, may personally collect, transport and dispose of their own solid waste so long as they: (1) do so in accordance with all governing laws and regulations; and, (2) dispose of such solid waste at a site permitted by the California Integrated Waste Management Board. (c) Persons who generate solid waste, or persons who own the premises upon which solid waste has generated or accumulated, may: (1) sell their recyclable solid wastes, or, (2) donate their recyclable solid wastes; provided, however, that in both instances: (a) the person must, on its premises, personally segregate (by waste type) from other solid waste the recyclable solid waste to be sold or donated, and (b) the person may not pay the buyer or the donee any sums, consulting fees or other fees in lieu of charging for collection, or. other tangible consideration for collecting, processing or transporting such segregated recyclable solid wastes. A person who simply receives a discount of, or reduction in, the collection and disposal service rates of its unsegregated solid waste shall not be deemed to be selling or donating recyclable solid wastes for purposes of this exception. (d) A gardener, tree trimmer or person engaged in landscape maintenance who has a business license to operate in the city may collect yard waste or other 4 ORDINANCE NS-2199 186 Page 5 organic solid Wastes which it generates as an incidental portion of providing its licensed services. Any .yard waste or other o~ganid ~01id waste collected pursuant hereto must be transported by. the gardener, tree trimmer or person to a composting facility permitted by the California Integrated Waste Management Board in accordance with all laws and regulations. (e) Any person may colle'ct, transport and dispose of solid waste during a period in which collection services by the city or its solid waste collection contractor are interrupted or delayed due to a labor strike or other circumstances affecting collection services throughout the city, provided such persons comply with any and all directives of the executive director of public works. (f) The executive director of public works may, by written permit, authorize provision of bin service if the city,s solid waste collection contractor fails to provide such service within five (5) calendar days after a customer order and such service is not thereafter provided within twenty-four (24) hours after notice to the city's solid waste collection contractor of such failure by the executive director of public works. (g) Any person other than the city or its solid waste collection contractor who collects, transports, recycles, composts or disposes of solid waste, or who pays another to do so, other than as permitted by subsection (b), (c), (d), or (e) of this section is guilty of a misdemeanor. SECTION 6: That section 16-31 of the Santa Ana Municipal Code is hereby amended to read as follows: Boo. 16-31. Transporting solid waste on oity stroots~ (a) collectors of solid waste originating outside the city may haul such.solid waste over city streets. (b) No person shall transport solid waste pursuant to subsection (a) above or subsections (b), (c), or (d) of section 16-30, or any other waste material, along the streets of the city unless it is enclosed or otherwise secured so as to prevent it from being blown, dropped, spilled, or leaked. Violation of this section shall constitute a misdemeanor. 5 ORDINANCE NS-2199 187 Page 6 ~ That section 16-32 of the Santa Aha Municipal Code is hereby amended to read as follows: Beo. 16-32. &4ministration an4 enforoement. (a) The executive director of public works may make rules and determinations pertaining to the storage, collection, recycling, diversion, conveyance, and disposal of solidwaste consistent with this article and with any resolution or contract of the city council pertaining to the same, including, but not limited to, the following: (1) The collection day schedules for curbside service and, when necessary to improve sanitation or reduce noise, for residential and/or commercial/industrial bin service. (2) Determinations as to whether waste material falls within the definition of solid waste. (3) Determinations as to whether the conditions for receipt of curbside service have been satisfied. (4) Determinations as to whether processing of solid waste is occurring in compliance with the California Integrated Waste Management Act and the City's Source Reduction and Recycling Element. (5) Determinations as to whether agreements between customers and the city's solid waste collection contractor for special or additional collection services or for bin or roll-off service are reasonable and consistent. (6) Regulations pertaining to periods of labor strike or other circumstances affecting collection services throughout the city. (b) Any person aggrieved by a rule or d~termination of the executive director of public works shall have the right of appeal to the city manager, who shall have the authority to confirm, modify, or revoke the same. (c) The executive director of public works is authorized to enforce any provision of this article the violation of which is made an infraction or a misdemeanor, or, he/she may declare any condition to constitute a public nuisance. The county health officer 6 ORDINANCE NS-2199 288 Page 7 iS likewise authorized to enforce any such provisions insofar as they pertain to the protection of the public health and sanitation, SECTION 8: That section 16-33 ~f the Santa Aha Municipal Code is hereby amended to read as follows: Geo. 16-33. Curbs~de servLoe recyulations. Unless otherwise provided by special agreement for extra services between a =urbside service unit and the city's solid waste collection contractor, subject to reasonable fees for extra services, curbside service units shall comply with the following regulations as a condition to regular curbside service collection: (a) All solid waste 'shall be placed in containers provided by the curbside service units which are adequate to eliminate overflow or contamination of surrounding areas, except as otherwise provided herein. Containers shall also conform to any standards established by resolution of .the city council. Individual containers must not weigh in excess of fifteen (15) pounds empty or have a capacity exceeding thirty-five (35) gallons. The total combined weight of the container and its contents shall not exceed fifty (50) pounds. (b) The following are not acceptable as containers: (1) Oil or grease drums or similar heavy metal containers. (2) Paper grocery bags or bags which are torn or which are. not securely closed. (3) Broken or wet cardboard boxes. (4) Broken wooden boxes or crates or any other container with sharp, rough or jagged edges which may hamper or injure the collector.. (c) Except as prohibited by (b) above, cardboard or wood cartons or bags made for solid waste disposal purposes may be used as temporary containers, provided that they shall be considered as solid waste and will not be returned. Any cardboard or wooden carton not specifically, used as a temporary container 7 · 189ORDINANCE NS-2199 Page 8 (d) (e) (f) (g) (h) (i) must be broken down, flattened, and disposed of as in (d). below. Cardboard, magazines, palm fronds, tree limbs, brush, weeds, and similar dry materials must be tied in bundles with a heavy cord or wire strong enough to act as a handle, or be placed in other $cceptable Containers. No such bundle shall exceed four (4) feet in length, eighteen (18) inches in thickness, or forty (40) pounds in weight~ Large, bulky items, such as furniture and household equipment, greater in dimension than four (4) feet in length, eighteen (18) inches in thickness and forty (40) pounds, unless broken down and packaged to a size and weight easily handled by one person, will not be collected except when such items are being collected by the city's solid waste collection contractor as a bulky item collection. Ail kitchen waste, ashes, hair clippings, floor sweepings and similar light materials must be well and securely wrapped to prevent spillage. Hot ashes will not be collected. Free liquids shall be drained from solid waste prior to placement for collection. The amount of solid waste placed for collection by any business or professional curbside service unit shall not exceed two hundred (200) pounds per week, including the weight of the containers. The aforementioned size limitations shall not apply to Christmas trees properly placed for collection. Solid waste shall be placed on the curb along a public or private street, or along an alley having street access at both ends; provided, the city or its solid waste collection contractor may condition collection from private streets upon reasonable access and upon the agreement of owners and occupants for the use of the private streets, including a reasonable fee for special services. ORDINANCE NS-2199 ~90 Page 9 ~ That section 16-34 of the Code is hereby amended to read as follows: Beo, 16-34. Infractions. Santa Aha Municipal Any person violating any of the following provisions of this section shall be deemed guilty of an infraction, and upon conviction thereof, shall be punishable by a fine of fifty dollars ($50.00), or, upon a second conviction within one year of a prior conviction for the same offense, by a fine of not less than one hundred dollars ($100.00) nor more than one hundred fifty dollars ($150.00): (a) No person shall allow solid waste or empty containers to remain along, at, or near any public street, sidewalk, or parkway (excluding alleys) or in public view, except: (i) Between the hours of 4:00 p.m. of the day preceding the person's weekly collection day and 12:00 midnight of such collection day; or, (ii) During any period in which regular collection service is interrupted or delayed. (b) Ail containers, bins obtained from the city's solid waste collection contractor, enclosures and surrounding areas, shall be maintained in a reasonably sanitary condition, free from obnoxious odors and from attachments of solid waste likely to create breeding grounds for insects or vermin, beyond that incidental to solid waste deposited since the previous collection; provided that persons receiving bin service may order bin cleaning services, subject to a reasonable fee, from the city's solid waste collection contractor in lieu of cleaning such bins themselves. (c) No person shall use any container having any sharp protrusion or other defect liable to cause injury to the person collecting the solid waste therein. (d) No person shall use the container of another person for disposal of solid waste without the consent of such other person. 19~ORDINANCE NS-2199 Page 10 (e) All Yar~dwas~e ~and ot~er organic waste which is put °U~ fo~Ollectlon by curbside service u~its must placed in plastic bags and not c6mmingled with other solid wastes. Any person who places or permits the placement of yard and/or organic wastes in a container, box, carton or receptacle other than a plastic bag shall be guilty of an infraction. (f) Ail newspaper disposed of by curbside service units must be sorted and secured. SECTION 10: That section 16-35 of the Santa Aha Municipal Code is hereby amended to read as follows: Boo. 16-35. Unlawful aooumulations. (a) No person shall allow solid waste to accumulate upon the premises under his or her control in an amount which is detrimental to the public health or safety or which results in unsightly or insanitary conditions. Violation of this section shall constitute a misdemeanor. (b) Any accumulation of solid waste upon any. premises which is detrimental to the public health or safety or which results in unsightly or insanitary conditions constitutes a public nuisance abatable pursuant to Chapter 17 of this Code or other applicable law. SECTION 11: That section 16-36 of the Santa Ana Municipal Code is hereby amended to read as follows: Sea. 16-36. Disposal of dangerous materials. Any person violating any of the following provisions shall be deemed guilty of a misdemeanor: (a) No person shall dispose of any wearing apparel, bedding, or other material from any place where highly infectious or contagious diseases have prevailed except under the supervision and direction of the health officer or his representative. (b) No person shall dispose of any highly inflammable or explosive materials except under the supervision and direction of the fire chief or his representative. (c) No person shall dispose of any hazardous waste except at an authorized hazardous waste 10 ORDINANCE NS-2199 19~ Page 11 collection site or as directed by the health officer, fire chief or solid waste collection contractor; ~' ~ ~ ~ That section 16-37 of the Santa Ana Municipal Code is hereby amended to read as follows: Beg. 16-37. Ssrvioe requirements for multifamiXy residential buildings. (a) It shall be mandatory that residential buildings with three (3) or more dwelling units be served by bin service. This requirement may be waived for residential buildings with four (4) or more units existing on January 1, 1972, and for residential buildings with three (3) units existing on February 23, 1983, upon a finding by the executive director of public works that no space is available for such bins within the boundary lines of subject property. In no case, however, shall bin locations be permitted in the front yard setback or within areas required for meeting minimum off-street parking requirements of applicable zoning regulations. Any applicant who has been denied a waiver by the executive director of public works may appeal such action to the city council by filing within thirty (30) days after such denial, a written statement of his or her reasons why the city council should reverse the action from which the appeal is taken. (b) Multifamily residential buildings receiving bin service pursuant to subsection (a) shall be required to obtain such service in the amount of not less than one-half (1/2) of one yard per dwelling unit per week. (c) In the event that solid waste being disposed of at a residential bin service building exceeds the bin capacity for such building, the solid waste collection contractor shall notify the executive director of public works who shall cause an inspection to be made of the premises. If the executive director of public works determines that there is insufficient bin capacity at said location, he or she shall cause written notification to be given to the property owner. Said notification shall contain the date of the reported overflow of solid waste from the bins. The notice shall also inform the property owner that should another incident of overcapacity occur within thirty (30) days following the date of the original incident, the property owner will be required to increase the number of bins, or the frequency of collections, up to the equivalent of two (2) cubic yards per dwelling unit per week. In the event that this should occur, the executive director of public works 11 193 ORDINANCE NS-2199 Page 12 shall determine whether to increase the number of bins or the frequency of collections and the solid waste collection contractor shall furnish such additional services and shall be ehti~ied to compensation from the customers to the same extent as if the customer requested such additional collections from the solid waste collection contractor. ~ That the Santa Ana Municipal Code is hereby amended by adding a section, to be number 16-37.5, which said section reads as follows: Seo.16-37.5. Service requirements for commercial/ industrial bin and roll-off container service. In the event that solid waste being disposed of at a commercial/industrial bin or roll-off container service unit exceeds the bin or roll-off container capacity for such building, the solid waste collection contractor shall notify the executive director of public works who shall cause an inspection to be made of the premises. If the executive director of public works determines that there is insufficient bin or roll-off container capacity at said location, he or she shall cause written notification to be given both to the business and the property owner. Said notification shall contain the date of the reported overflow of solid waste from the bin or roll-off container. The notice shall also inform the business and property owner that should another incident of overcapacity occur within thirty (30) days following the date of the original incident, the business and/or property owner will be required to increase the number of bins or roll-off containers, or the frequency of collections. In the event that this should occur, the executive director of public works shall determine whether to increase the number of bins or roll-off containers, the size of the bin or roll-off container, or the frequency of collections and the solid waste collection contractor shall furnish such additional services and shall be entitled to compensation from such customers to the same extent as if the customer requested such additional collections from the solid waste collection contractor. ~ That section 16-38 of the Santa Aha Municipal Code is hereby amended to read as follows: Sec. 16-38. Be~r~oe charges. (a) Owners and occupants of any improved parcel of real property in the city, as shown on the latest county assessment ro11, except any parcel receiving bin or roll- 12 Page 13 194 off service exclusively, shall pay to the city a solid waste collection service charge in such amounts, at such times, and in such manhe~, as shall be established by resolution of the city coun6il. Such service charge is imposed to provide for the continuing availability of curbside service, and 'shall be due and payable in accordance with. the terms of said resolution regardless of actual use thereof or of any interruptions or delays in such service, except to the extent reductions or refunds may be specifically authorized or directed bythe executive director of public'works. (b) For purposes of administrative convenience the city council may establish billing units for payment of the said service charge consisting of one or more occupancies within one or more parcels. (c) The said service Charge shall be a civil debt owing to the city. In the event that owner and occupant are not the same, owner and occupant shall be jointly and severally liable for payment of such indebtedness. In addition to all other civil remedies for collection of such indebtedness, delinquent service charges shall be subject to special assessment and lien against property in the manner provided in Sections 38790.1 and 25831 of the Government Code of the State of California. (d) Charges for bin service, roll-off container service or for collection services more frequent or more extensive than that provided in this article for curbside service shall be paid directly to the city's solid waste collection contractor in accordance with such regulations as shall be established by contract or resolution of the city council. SECTION 15: That the Santa Ana Municipal Code is hereby amended by adding a section, to be number 16-39, which said section reads as follows: Sec. 16-39. Bin and Roll-Off Services. Any person in the city who desires or is required to receive bin and/or roll-off service is required to obtain such services from the solid waste collection contractor with which the city has an agreement. Such persons shall be required to enter into an agreement with the solid waste collection contractor for the requested bin and/or roll-off container services. This provision shall not apply to roll-off containers which are obtained for the collection of construction and demolition solid waste 0 0 0 13 ~9~DINANCE NS-2199 Page 14 which has accumulated or been construction site. Violation constitutea'mis~emea~or. generated at a temporary of this provision shall SECTION 16: If any section, subsection, sentence, clause, phrase or portion of this'ordinance is for any reason held to be invalid or unconstitutional by' the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 17: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 7th day of June 1993. ATTEST: COUNCILMEMBERS: Young ~ / Young Aye Pulido Aye Lutz Aye Mills Aye Moreno Aye Norton Aye Richardson Aye APPROVED AS TO FORM: city Attorney 14 196 CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance /~/~q -~.~! '~ ~ to be the original ordinance adopted by the City Council of the City of Santa Ana on with the Charter of the City of Santa Ana. Date: ~, _ ~7 ~ ~ ~ - 7 - Y-~ and that said ordinance was published in accordance i