HomeMy WebLinkAbout6.3 Solid Waste Mgmt Ordinance Amendment Flo -� o
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: April 23, 1990
SUBJECT: Proposed Amendment to Solid Waste Management Ordinance:
Enabling a Curbside Residential Recycling Program
P ' (Prepared by: Paul S. Rankin, Assistant City Manager)
EXHIBITS ATTACHED: Proposed Ordinance
RECOMMENDATION: ( Conduct Public Hearing; Deliberate; Waive Reading; and
�]vuu INTRODUCE Ordinance.
FINANCIAL STATEMENT: Changing the Ordinance will allow for a Recycling
Program paid for by the garbage customer.
DESCRIPTION: State Law requires cities to develop a recycling plan
and to reduce the amount of waste generated from the City. The law
currently contains strict penalties for cities which do not divert 25% of
the solid waste now collected by January 1 , 1995. The law identifies
source reduction, recycling, and composting as methods of achieving the
goal.
As directed by the City Council at their meeting on December 21 , 1989,
Staff has worked with the current garbage service provider to identify
legislative changes required to the City's Ordinance in order to comply
with State Law.
Restrictions on Fees in Current Ordinance
The City's current Solid Waste Management Ordinance (No. 2-86) was enacted
in 1986. The market conditions at the time the ordinance was enacted were
different than the current environment. Due to the state mandating,
recycling the supply of recyclables will increase and unless a
corresponding increase occurs in the use of recycled materials, the scrap
value will fluctuate. Also, during the past five years, a lot has been
learned about the methods required to have a successful curbside recycling
program. For example, having convenient containers improves participation.
The industry has developed collection equipment which is designed to
segregate the items collected. Therefore, the changes have resulted in
significant capital expenses necessary to implement recycling programs. As
the industry was developing, grant programs were sometimes available for
pilot programs. However, the grants are no longer available since the
methods are now well established.
The current ordinance only allows recycling if it is carried on "without a
fee." Section 5-300(a) and 5-401 (a) in the current ordinance prohibit the
collection of a fee by the recycling transporter. This language was
appropriate at the time the ordinance was enacted. Given the market
conditions, the proposed ordinance will delete the reference to fees.
Therefore, any recycler who has obtained the proper permits from the City
will be authorized to operate regardless of their fee arrangements with
their customers. The permit requirement will be the City's primary
enforcement tool to assure that the transporter is a recycler. Sections 1
and 2 of the proposed ordinance address this issue.
Reporting Requirements
Due to the State requirements to document the reduction of waste, it will
be important to collect data from recycling transporters. The current
ordinance does not require reporting by the transporter. Section 3 of the
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COPIES TO:
ITEM NO.
proposed ordinance would require the provision of information required to
comply with State Law. If the information is not provided, the City would
have the authority to proceed with revocation of the recycling permit in
accordance with the ordinance.
Anti-Scavaginq
Some communities have experienced problems with unauthorized persons
collecting recycled materials prior to the arrival of the collection truck.
This impacts the program since the authorized collection company is
anticipating revenue from the material to reduce the operating cost of the
program.
The proposed ordinance (Section 4) requires a recycling transporter to have
an identifying mark on the collection container. The receptacle is to be
approved by the City in order to assure that approved transporters can be
distinguished.
Section 5 of the proposed ordinance identifies that the materials shall
become the property of the recycling transporter who has provided the
receptacle. This section goes further to make it unlawful for a person to
remove source separated materials from an approved receptacle without the
permission of the receptacle owner. Section 6 of the proposed ordinance
identifies the violation of this new section as an infraction.
Staff believes that the additions outlined will allow the City to
effectively implement a City-wide residential recycling program.
Staff recommends that the City Council conduct a public hearing; waive the
reading and introduce the ordinance.
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.
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 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
shall 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