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Home My WebLink About50A - ORDINANCE RECYCLINGREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 4, 2010 TITLE: ORDINANCE AMENDING THE SANTA ANA MUNICIPAL CODE RELATING TO RECYCLING L'A' a-- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1" Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Amend the ordinance Solid Waste Collection Regulations Article III to Chapter 16 of the Santa Ana Municipal Code relating to exclusivity and exclusions thereto (recycling). DISCUSSION The Public Works Agency manages the City's refuse and recycling programs and contracts. The City currently has two authorized refuse and recycling haulers, Waste Management and Ware Disposal. Waste Management is the exclusive hauler for all waste types with the exception of construction and demolition debris. Ware Disposal is only authorized to haul construction and demolition debris. The City's municipal code requires all generators to contract for service with an authorized hauler. The exception to this rule allows generators to donate or sell their recyclables; however, the generator is not allowed to pay the buyer or donee any compensation in lieu of collection fees. However, it does not specifically limit a third party from arranging for collection service and charging a fee for that service. Recently, there has been an increase in reported incidents of refuse and recycling services being provided by unauthorized haulers through service contracted by a third party. The proposed change to the ordinance will help to eliminate this practice and limit a generator of recyclable material to donating or selling the materials. The changes will give the Public Works Agency additional tools to ensure that City ordinances are enforced. 5OA-1 Ordinance Amending the Santa Ana Municipal Code Relating to Recycling October 4, 2010 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Raul Godinez II Executive Director Public Works Agency 5OA-2 Iss9/21 /10 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 16-30 OF THE SANTA ANA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Santa Ana Municipal Code (SAMC) Section 16-30 grants to the City of Santa Ana and its solid waste collection contractor the exclusive right to collect and process solid waste generated in the City; and B. SAMC Sec 16-30 allows the generator of recyclable solid waste to sell or donate such waste; and C. The City desires to clarify its intent that a recyclable solid waste generator may not provide any tangible consideration to any party for collecting such donated recyclable solid waste; and D. The California Department of Resources Recycling and Recovery (CalRecycle) is responsible for the regulation of solid waste collection, transportation, and disposal; and E. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Section 16-30 of the Santa Ana Municipal Code is hereby amended to acknowledge that the California Department of Resources, Recycling and Recovery now regulates solid waste management in California and to clarify that no compensation may be made to the donee, buyer or any third party for the collection, processing or transportation of recyclable solid waste, such that it reads as follows (new language in bold, deleted language in strikeout for tracking purposes only): Ordinance No. NS-XXX Page 1 of 4 5OA-3 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, 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) or in bin(s). (b) LP-persons who generates solid waste, or peFsons who owns the premises upon which solid waste has generated or accumulated, may personally collect, transport and dispose of th& its own solid waste so long as it: (1) Does so in accordance with all governing laws and regulations; and, (2) Disposes of such solid waste at a site permitted by the California Department of Resources Recycling and Recovery (CalRecycle). (c) A Rpersons who generates solid waste, or peF69ns who owns the premises upon which solid waste hasis generated or accumulated, may: (1) sell or, (2) donate their-its recyclable solid wastes; provided, however, that in both instances: (a) the person must, on its premises, peFSenatly 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, or any third party, any SUMS, GGRS ItiRq food eF eth fees ;n?_ lieu of tangible consideration, including service, consulting or other fees or discount/reduction of fees for collecting, processing, or transporting such segregated recyclable solid wastes. A person who simply receives a discount of, or reduction in, the collection, processing or aFd disposal service rates of its unsegFega?_?. _?ted ..for solid waste shall not be deemed to be selling or donating recyclable solid wastes for purposes of this exception. At the request of the City, a person who sells or donates its recyclable waste shall provide documentation, including receipts from the person buying or receiving the donated recyclables evidencing the sale or donation and invoices or agreements for hauling or recycling services. (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 organic solid wastes which it generates as an incidental portion of providing its licensed services. Any yard waste or other organic solid waste collected pursuant hereto must be transported by the gardener, tree trimmer or Ordinance No. NS-XXX Page 2 of 4 5OA-4 person to a composting facility permitted by the California 'RtegFated Waste ManagemeRt CalRecycle in accordance with all laws and regulations. (e) Any person may collect, 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) Any person with whom the city has an agreement for the collection, transportation and disposal of construction and demolition solid waste which has accumulated and/or been generated at a temporary construction site may haul such waste during the term of such agreement. (g) 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. (h) 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), (e) or (f) is guilty of a misdemeanor. Section 3. 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. ADOPTED this day of 2010 Miguel A. Pulido Mayor Ordinance No. NS-XXX Page 3 of 4 5OA-5 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX Page 4 of 4 5OA-6