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CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 14, 1990
SUBJECT: Public Hearing: Amendment to Solid Waste Management
Ordinance
(Prepared by: Paul S. Rankin, Assistant City Manager)
EXHIBITS ATTACHED: Proposed Ordinance
RECOMMENDATION: V 1 ) Open Public Hearing; 2) Receive Staff Report;
3) Obta in Public Input; 4) Close Public Hearing;
5) Deliberate; 6) Waive Reading and Adopt Ordinance.
FINANCIAL STATEMENT: The modifications will allow for a Recycling
Program paid for by the garbage customer.
DESCRIPTION: The City Council conducted a Public Hearing on
April 23, 1990, related to changes proposed to the Solid Waste Management
Ordinance. The change will allow for a residential recycling program,
which complies with State Law.
The proposed Ordinance allows for the collection of a fee levied by
collectors of recycled materials. In addition, all transporters of
recycled materials will be required to submit reports to the City. State
Law requires that a City reduce the amount of garbage going to the
landfill. In order to capture data on diverted materials, it will. be
important to obtain regular reporting from those transporting the
materials.
The final areas addressed by the proposed ordinance implement a method of
prohibiting unauthorized persons from removing materials prior to the
arrival of the collection truck. The Ordinance requires the transporter to
have an identifying mark on the collection container approved by the City.
The Ordinance makes it unlawful for a person to remove material from a
container, which has been placed for collection. This modification is
included in the proposed Ordinance.
At the April 23, 1990 public hearing, Staff identified that the company
which currently holds the City's garbage franchise believed that the
ability to charge a fee should only relate to residential service. Given
that the City will be working with the Company on a commercial program,
Staff believed that it was premature to alter the proposed Ordinance. The
Company requested that their position be on record. Also, at the hearing a
minor modification was made to Section 5 of the Ordinance. The
clarification identified that the violation of removing materials from a
bin only applies to when a bin is placed for collection.
Staff_ recommends that the City Council conduct a public hearing,
deliberate, waive the reading and adopt the Ordinance.
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COPIES TO:
D. David McDonald, Waste Mgt. Inc.
Mary Evans, Livermore-Dublin Disposal
ITEM NO. ,;; ,*,�:,�"'�.
DRAFT
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING ORDINANCE NO. 2-86
The City Council of the City of Dublin does ordain as follows:
SECTION 1 . Ordinance No. 2-86 is amended by deleting subparagraph (a)
of Section 5-300 therefrom and adding subparagraph (a) to Section 5-300
to read as follows :
(a) Source separated materials for recycling may be transported
by a permitted recycling transporter if all conditions of this
chapter are satisfied;
SECTION 2 . Ordinance No. 2-86 is amended by deleting subparagraph (a)
of Section 5-401 therefrom and adding subparagraph (a) to Section 5-401
to read as follows :
SECTION 5-401 . RECYCLING TRANSPORTERS.
(a) Permitted recycling transporter may collect source
separated materials for recycling and transport such materials
to a recycling facility provided that both the recycling
transporter and the recycling facility have obtained any and all
necessary permits required by this chapter or by any other
regulatory agency having jurisdiction.
SECTION 3 . Ordinance No. 2-86 is amended to add the following
Section 5-413 :
SECTION 5-413 . RECYCLING FACILITY AND RECYCLING TRANSPORTER
REPORTING REQUIRED:
The Director may require the regular submittal of operational
data throughout the term of the permit as defined in Section 5-406
or 5-410 for purposes of compliance with Public Resources Code
Section 40000 et . sq. or other applicable state laws . Submittal of
the information may be required on a quarterly basis . Failure to
submit the information may be cause for revocation pursuant to
Section 5-407 or 5-411 .
SECTION 4 . Ordinance No. 2-86 is amended to add the following Section
5-414 :
SECTION 5-414 . INCLUSION OF IDENTIFICATION ON RECEPTACLE:
Source separated materials shall be stored in a receptacle approved by
the Director. The receptacle shall include some form of identification
as to the ownership or other identifying mark of the recycling
transporter.
a,
SECTION 5 . Ordinance No. 2-86 is amended to add the following Section
5-415 :
SECTION 5-415 . OWNERSHIP OF SOURCE SEPARATED MATERIALS:
All source separated materials shall become the property of the
recycling transporter who has provided the receptacle, upon deposit
in the receptacle. It shall be unlawful for any person other than
the owner of the receptacle to remove source separated materials
from an approved receptacle, when placed for collection, without
the express permission of the receptacle owner.
SECTION 6. ORDINANCE NO. 2-86 AND ORDINANCE NO. 14-88 are amended to
delete therefrom Section 5-507 and to add Section 5-507, to read as
follows:
SECTION 5-507 . VIOLATION. Any person who shall violate any of the
provisions of Section 5-200, Sections 5-300 through 5-301 ,
inclusive, Sections 5-400 through 5-402, inclusive or Section 5-408
shall be guilty of a misdemeanor, and upon conviction thereof shall
be punished by a fine not to exceed one thousand dollars
( $1 , 000 . 00 ) for each violation, or by imprisonment in the County
Jail for not more than six (6) months, or both. Any person who
shall violate any of the provisions of Sections 5-201 , 5-202, 5-203
or 5-415 shall be guilty of an infraction and upon conviction
thereof shall be punished as provided in Government Code Section
36900 . The Director and/or Alameda County Health Officer are
designated as the enforcement authority for the enforcement of
those provisions which are designated as infractions.
SECTION 7 . EFFECTIVE DATE AND POSTING OF ORDINANCE. This Ordinance
sha.11 take effect and be in force thirty ( 30 ) days from and after the
date of its passage. The City Clerk of the City of Dublin shall cause
this Ordinance to be posted in at least three ( 3) public places in the
City of Dublin in accordance with Section 36933 of the Government Code
of the State of California.
PASSED AND ADOPTED by the City Council of the City of Dublin on this
th day of , 1990, by the following vote:
AYES :
NOES :
ABSENT:
Mayor
ATTEST:
City Clerk