HomeMy WebLinkAboutOrd 17-05 Solid Waste Mgmt
ORDINANCE NO. 17 - 05
AN ORDINANCE OF THE CITY COUNCn..
OF THE CITY OF DUBLIN
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AN ORDINANCE OF THE CITY OF DUBLIN AMENDING SECTIONS 5.32.040, 5.32.050,
5.32.120,5.32.130,5.32.140,7.30.010,7.30.050, AND 7.30.060 TO THE DUBLIN MUNICIPAL
CODE RELATING TO SOLID WASTE MANAGEMENT AND WASTE MANAGEMENT
PLANS FOR CONSTRUCTION, DEMOLITION AND RENOVATION PROJECTS
The City Council of the City of Dublin does hereby ordain as follows:
Section 1: Section 5.32.040 is amended to read as follows:
5.32.040 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively
ascribed to them by this section:
"Col1ection" means the removal and transportation of solid waste by the collector from the place
of delivery to a disposal facility approved under the col1ector's agreement with the city or by a non-
exclusive franchisee.
"Collector" means that person or business having an exclusive franchise agreement with the city
granting to him or it the exclusive privilege of collecting or causing to be collected or transported for a fee
any solid waste within the city or any portion thereof
"Construction and demolition debris" means used or discarded materials resulting from
construction, remodeling, repair or demolition operations on any pavement, house, commercial building,
or other structure and such other materials as may be removed during the normal cleanup process of such
construction, remodeling, repair, or demolition operations.
"Construction and demolition debris collection service" means the col1ection of construction and
demolition debris by a person or company that holds a valid non-exclusive franchise from the city and the
delivery of that material to an appropriate facility.
"Delivery" of solid waste shall be deemed to occur when solid waste is deposited in a receptacle
or at a location that is designated for collection pursuant to this chapter, or is otherwise discarded,
"Director" means the City Manager or the designee of the City Manager.
"Fixed body vehicle" means an end-dump trailer hauled by a tractor, a dump truck, or other such
vehicle where the container portion of the vehicle used to col1ect and transport construction and
demolition debris is a fixed part of the vehicle body. Fixed body vehicles do not include vehicles
manufactured to or designed to transport and deliver construction and demolition debris boxes.
"Hazardous waste" means any waste now or hereafter classified as hazardous pursuant to
applicable federal, state or local law.
"Owner" means the owner or owners of real property having fee title to the property as identified
in the most recent equalized assessment roll of the Alameda County Assessor.
"Recycling" means the process of treating and reconstituting solid waste for the purpose of using
the altered form. The collection, handling, transfer or disposal of solid waste not source separated or not
intended for or capable of recycling is not "recycling" within the meaning of this chapter, Putrescible
solid waste (except animal wastes or remains for use only as tallow) is rebuttably presumed to be not
capable of being recycled. "Recycling" also does not include the processing or use of solid waste for
conversion to energy,
"Recycling facility" means any location, within or without the city limits of the city, which
accepts recyclable materials that have been source separated from solid waste generated in the city for the
sole purpose of recycling as defined herein.
"Solid waste" means all putrescible and nonputrescible solid, semi~solid and liquid wastes,
including garbage, trash, refuse, paper, rubbish, ashes, industrial or commercial wastes, demolition and
construction wastes, discarded home and industrial appliances, animal solid and semi-solid wastes other
than fecal matter, vegetable wastes, and other discarded solid and semi-solid wastes, but does not include
hazardous waste, as herein defined, sewage or abandoned automobiles.
"Source separation" means the segregation into separate containers by the waste generator, prior to
delivery, of individual components of solid waste, such as glass bottles, cans, newspapers, and corrugated
containers, for the sole purpose of "recycling" as defined herein.
"Tenant" when used with reference to a residence, means any person or persons other than the
owner occupying or in possession of the residence.
"Waste generator" means the property owner, resident, tenant, lessee, occupant, or business which
produced the waste in the city in the first instance. This definition excludes any person who collects from
or accepts shipment of waste from another person for the purposes of separating, recycling or otherwise
disposing of such waste.
Section 2: Section 5.32.050 of the Dublin Municipal Code is amended to read as follows:
5.32.050 Storage in receptacle8--Exceptions.
A. All solid waste produced, deposited, kept, or accumulated upon any lot or parcel ofland,
whether public or private, shall be kept in receptacles or containers as hereinafter provided. All such
waste, in the receptacles or containers in which it is kept, shall be delivered for collection as hereinafter
provided, with the following exceptions:
I. Lawn and garden trimmings and dead leaves removed from a site by a gardening,
landscaping, or tree trimming contractor, as an incidental part of a total service offered by that
contractor rather than as a hauling service;
2. Construction and demolition debris as defined herein which is removed in accordance
with such definition, except that debris generated at a demolition site by a licensed demolition
contractor, under the authority of a currently valid demolition permit issued by the City ofOublin,
need not be kept in a receptacle or container;
3. Materials source separated for recycling for which the generator receives compensation
ITom the person col1ecting such materials;
4. Materials source separated for recycling that the generator donates to youth, civic, or
charitable organizations, no matter how the materials are transported;
5. Animal wastes and remains ITom slaughterhouses or butcher shops for use as tallow;
6. Solid waste transported by the owner or occupant of any residence to a fully licensed
public disposal facility, provided that such person may not transport solid waste from more than
one residential unit; and
7. Hazardous waste.
B. Hazardous waste shall not be delivered to the collector under the provisions of this article,
except as the collector may agree by a separate contract with the generator or owner of any hazardous
waste or through any further program arranged with the legislative body having jurisdiction. Every
generator, keeper, custodian or owner of hazardous waste is, and shall remain, responsible for the safe
disposal of such waste pursuant to applicable law.
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C. Every generator, keeper, custodian or owner of material covered by items I, 2, 3, 4, 5, or 6 of
subsection A of this section is, and shall remain, responsible for its safe handling and disposal in
accordance with this chapter aIld with other applicable law.
D. Nothing herein shall prevent the collector from accepting, collecting or transporting material
covered by items I, 2, 3, 4, 5, or 6 of subsection A ofthis section if delivered or otherwise offered to the
collector.
Section 3: Section 5.32.120 of the Dublin Municipal Code is amended to read as follows:
5.32.120 Collection-Time and location.
Collection from single-family residences shall be from locations determined by resolution of the
City Council. Collection rrom other premises shall be at places agreed upon by negotiation between the
solid waste collector and the waste generator. All collections from residences aIld commercial properties
adjacent to residences shall begin not earlier than six a.m. (6:00 a.m.).
Section 4: Section 5,32.130 of the Dublin Municipal Code is amended to read as follows:
5.32.130 E"clusive and Non-E"clusive Franchises; Exemptions.
A. Franchise Required. No persons other than the holder of the exclusive rranchise granted
pursuant to Subsection C below or persons granted a non-exclusive franchise agreement with the city
pursuant to Subsection D below shall collect, transport or convey, or cause or permit to be collected,
transported or conveyed on any city street, any solid waste for a fee or any consideration whatsoever.
B. Exemplionfrom Franchise Requirement. Notwithstanding the foregoing, the following shall
be exempt rrom the rranchise requirement set forth in Subsection A above.
1. The collection of materials source separated for recycling for which compensation is
provided to the waste generator;
2. Materials source separated for recycling that the generator donates to youth, civic, or
charitable organizations, no matter how the materials are transported;
3, Solid waste and source-separated materials for recycling transported to a processing or
disposal facility by the owner or occupant of the premises on which the materials were generated
or by the owner or occupant's full-time employees, provided such transport is consistent with
Section 5.32.150;
4. Lawn and garden trimmings and dead leaves removed from a site by a gardening,
landscaping or tree trimming contractor, as an incidental part of a total service offered by that
contractor rather than as a hauling service, if such waste is transported in a manner which ensures
no spillage or litter of highways or city streets;
5. Large items removed rrom a premises by a property clean~up or maintenance company
as an incidental part of cleanup or maintenance service offered by the company and not as a
separate hauling service;
6. The collection and transport of animal wastes and remains for tallow provided that a
permit for such collection and transport has been issued by the Alameda County Health Officer;
7. Containers delivered for recycling under the California Beverage Container Recycling
Litter Reduction Act, Public Resources Code sections 14500 et seq., no matter how delivered;
8. Hazardous waste;
9. The collection and removal of construction and demolition debris provided that at least
ninety five percent (95%) of each load is actually recycled and provided that the person collecting
and removing such debris receives no compensation rrom the generator;
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10. The collection and removal of construction and demolition debris rrom a construction
site by the construction contractor, provided that the hauling is performed by the contractor itself
and not by a subcontracted hauling company;
11. The collection and removal of construction and demolition debris rrom a demolition
site by a licensed demolition contractor or its subcontracted hauling company, under the authority
of a currently valid demolition permit issued by the City of Dublin, when such removal is
accomplished through the use of a fixed body vehicle.
C. Exclusive Franchise. The city may enter into an exclusive rranchise agreement granting to one
person the exclusive right to collect or transport, or cause to be collected or transported for a fee, all solid
waste within the city or any portion thereof The rranchise agreement shall provide detailed requirements
for the management and disposal of solid waste in the city and provide for regulation of the fees to be
collected under the exclusive franchise.
D, Non-Exclusive Franchises. The city may enter into non-exclusive ITanchise agreements
granting to a person the right to collect or transport, or cause to be collected or transported for a fee, solid
waste within the city or any portion thereof, if the collection and transport of such waste is not subject to
the exclusivity provisions of the exclusive franchise or if the generator is exempted by law rrom
complying with the requirement in sections 5.32.080 and 5.32.090 that all generators of solid waste within
the city deliver such waste to and contract with the collector for solid waste collection and disposal
services. The non-exclusive franchise agreement shall provide detailed requirements for the management
and disposal of solid waste in the city. The rranchise agreement shall not regulate the fees collected under
the non-exclusive franchise.
Section 5: Section 5.32.140 of the Dublin Municipal Code is amended to read as follows:
5.32.140 Collection rates--Designation of minimum service.
Maximum rates of compensation for the collection of solid waste within the city under the
exclusive franchise shall be adopted by a resolution of the City Council. The resolution shaH also describe
the minimum service required for any residence pursuant to Section 5.32.091 including a description of
all services included in the minimum service level.
Section 6: Sections 5.32.170, 5.32.180, 5.32.190,3.32.200, 5.32.210, and 5.32.230 of the Dublin
Municipal Code are hereby repealed.
Section 7: Section 7.30.010 of the Dublin Municipal Code is amended to read as follows:
7.30.010 Definitions.
For the purposes of this chapter, the following definitions shall apply:
"Applicant" means any individual, firm, limited liability company. association, partnership,
political subdivision, government agency, municipality, industry, public or private corporation, or any
other entity whatsoever who applies to the city for the applicable permits to undertake any construction,
demolition, or renovation project within the city.
"Construction" means the building of any facility or structure or any portion thereof including any
tenant improvements to an existing facility or structure.
"Construction and demolition debris" means used or discarded materials resulting rrom
construction, remodeling, repair or demolition operations on any pavement, house, commercial building,
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or other structure and such other materials as may be removed during the normal cleanup process of such
construction, remodeling, repair, or demolition operations.
"Conversion rate" means the rate set forth in the standardized conversion rate table approved by
the city pursuant to this chapter for use in estimating the volume or weight of materials identified in a
waste management plan.
"Covered project" shall have the meaning set forth in Section 7.30,020A of this chapter.
"Deconstruction" means the process of carefully dismantling a building or structure in order to
salvage components for reuse aod recycling.
"Demolition" means the decimating, razing, ruining, tearing down or wrecking of any facility,
structure, pavement or building, whether in whole or in part, whether interior or exterior.
"Divert" means to use material for any purpose other than disposal in a landfill or transformation
facility.
"Diversion requirement" means the diversion of at least fifty percent (50"10) by weight of the total
construction and demolition debris generated by a project via reuse or recycling excluding asphalt and
concrete debris of which on~hundred percent (100%) must be diverted, unless the applicant has been
granted an infeasible exemption pursuant to Section 7.30.070 of this chapter, in which case the diversion
requirement shall be the maximum feasible diversion rate established by the WMP Compliance Official
for the project.
"Noncovered project" shall have the meaning set forth in Section 7.30.020B of this chapter.
"Performance security" means any performance bond, surety bond, money order, letter of credìt,
or certificate of deposit submitted to the city pursuant to Section 7.30.040 of this chapter.
"Project" means any activity which requires an application for a building or demolition permit or
any similar permit from the city.
"Recycling" means the process of collecting, sorting, cleansing, treating and reconstituting
materials that would otherwise become solid waste, and returning them to the economic mainstream in the
form ofraw material for new, reused or reconstituted products which meet the quality standards necessary
to be used in the marketplace.
"Renovation" means any change, addition or modification in an existing structure.
"Reuse" means further or repeated use of construction or demolition debris.
"Salvage" means the controlled removal of construction or demolition debris rrom a permitted
building or demolition site for the purpose ofrecycling, reuse or storage for later recycling or reuse.
"Total costs" means the total construction value of the project as calculated by the Building and
Safety Division using the city's standard commercial and residential valuation formulas.
"Waste management plan" means a completed WMP form, approved by the city for the purpose of
compliance with this chapter, submitted by the applicant for any covered or noncovered project.
"WMP Compliance Official" means the designated staffperson(s) authorized and responsible for
implementing this chapter.
Section 8: Section 7.30.050 of the Dublin Municipal Code is amended to read as follows:
7.30.050 Review ofWMP.
A. Approval. Notwithstanding any other provision of this code, no plao check shall be approved
for any covered project unless and until the WMP Compliance Official has approved the WMP. Approval
shall not be required, however, where an emergency demolition is required to protect public health or
safety. The WMP Compliance Official shall only approve a WMP if he or she first determines that all of
the following conditions have been met:
1. The WMP provides all of the information set forth in Section 7.30.030 of this chapter;
and
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2. The \VTVIP indicates that the divcrsion requiremcnt will be met.
Ifthe WMP Compliancc Official determines that all ofthe conditions sct forth in this
section have becn mct, he or she shall mark the WMP "approved," rcturn a copy of the WMP to
the applicant, and notify thc Building and Safety Division that the WMP has been approvcd.
B. Nonapproval. Ifthe WMP Compliancc Official determines that the WMP is incomplete or fails
to indicate that at least fifty (50) percent of all construction and demolition debris generated by the project
will be reused or rccycled, he or shc shall either:
I. Return the WMP to thc applicant markcd "denied," including a statement of reasons,
and so notify the Building and Safety Division, which shall then immcdiately stop processing thc
plan chcck; or
2. Return the WMP to thc applicant marked "further explanation required."
Section 9: Section 7.30.060 of the Dublin Municipal Code is amended to read as follows
7.30.060 Compliance with WMP.
A. Documentation. Within thirty (30) days after the issuance of a certificate of occupancy, or at
the timc of issuing the last certificate of occupancy for units within a residential phased project of any
covered project, thc applicant shall submit to the \VTVIP Compliance Official documentation that it has met
the divcrsion requirement for the project. The diversion requirement shall be that the applicant has
diverted at lcast fifty percent (50%) of the total construction and dcmolition debris generated by the
project via reuse or recycling excluding asphalt and concretc debris of which one hundred pcrcent (lOO'Yo)
must be divcrtcd, unless the applicant has been grantcd an impossibility exemption pursuant to Scction
7.30.070 of this chapter, in which case thc diversion requircment shall be thc maximum feasible diversion
rate establishcd by the WMP Compliance Official for the project. This documentation shall include all of
the following:
I. Receipts from the vendor or facility which collected or receivcd each material showing
the actual wcight or volume of that material;
2. A copy of the previously approved \VTVIP for the project adding the actual volume or
wcight of each material diverted and landfilled;
3. Any additional information the applicant believes is rclevant to determining its efforts
to comply in good faith with this çhaptcr.
B. Wcighing of Wastes. Applicants shaU make reasonable cfforts to ensurc that all construction
and demolition dcbris diverted or landfilled is measurcd and recorded using the most accurate method of
measurement available. To the extent practical, all construction and demolition debris shall be weighed by
measnremcnt on scales. Such scales shall be in compliance with all regulatory requirements for accuracy
and maintenance. For construction and dcmolition debris for which weighing is not practical due to small
size or other considerations, a volumetric measurcment shaH be used. For conversion ofvolumctric
measurements to weight, the applicant shall use the standardized conversion rates approved by the city for
this purpose.
C. Determination of Compliance and Release of Performance Sccurity. The WMP Compliance
Official shall review thc information submitted under subscction A ofthis section and dctermine whcther
the applicant has compJied with the diversion rcquirement, as follows:
1. Full Compliance. If the WMP Compliance Official determines that the applicant has
fully complied with the diversion rcquirement applicable to the project, he or she shall causc the
tùll pcrformance security to be released to thc applicant within thirty (30) days of the applicant's
submission ofthc documentation rcquired under subsection A of this section.
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2. Good Faith Effort to Comply. If the WMP Compliance Official determines that the
diversion requirement has not been achieved, he or she shall determine on a case-by-case basis
whether the applicant has made a good faith effort to comply with this chapter. In making this
determination, the WMP Compliance Official shall consider the availability of markets for the
construction and demolition debris landfilled, the size ofthe project, and the documented efforts of
the applicant to divert construction and demolition debris. If the WMP Compliance Official
determines that the applicant has made a good faith effort to comply with this chapter, he or she
shall release the performance security, or a percentage thereof, to the applicant within thirty (30)
days of the applicant's submission of the documentation required under subsection A of this
section.
3. Noncompliance. If the WMP Compliance Official determines that the applicant has not
made a good faith effort to comply with this chapter, or if the applicant fails to submit the
documentation required by subsection A of this section within the required time period, then the
performance security shall be forfeited to the city. All forfeited performance securities shall be
deposited into a special account and used for the purposes of promoting recycling within the city.
Section 10: Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following
its adoption.
Section 11: Posting. 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, APPROVED AND ADOPTED this 5th day of July, 2005.
AYES: Council member Hildenbrand, Oravetz and Zika., and Mayor Lockhart
NOES: None
ABSENT: Councilmember McCormick
ABSTAIN: None
ATÃT:
KI~
Deputy City Clerk
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