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ORDINANCE NO. 2026
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ARCADIA, CALIFORNIA,
AMENDING PART 3 OF CHAPTER I OF
ARTICLE V REGARDING REGULATIONS FOR
THE COMMERCIAL AND INDUSTRIAL
RECYCLING PROGRAM
WHEREAS, AB 939 (California Integrated Waste Management Act) requires each city
within a county to prepare, adopt and submit to the county a source reduction and recycling
element ("SRRE"), which is intended to be a comprehensive program for the management of solid
waste generated within the City, with primary emphasis placed on source reduction, recycling and
composting; and
WHEREAS, the City Council has adopted a commercial and industrial recycling program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES FIND, DETERMINE AND ORDAIN AS FOLLOWS:
SECTION I-A Part 3 of Chapter I to Article V (Sections 5130 - 5130.3) are amended to
read as follows:
5130 (t).
REQUIRED PARTICIPATION. Every commercial or industrial business
enterprise within the City shall cause no more than 10 percent (10%), by weight, of its solid waste
set out for collection to consist of recyclable materials and green waste. The City Manager shall
establish written policies and procedures to aid in implementation and enforcement of this
Chapter.
5130.1 (a) ALTERNATIVE
TO
CITY-SPONSORED
CONTRACTOR.
Notwithstanding Section 5130 (g), any commercial or industrial business enterprise may elect to
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develop it's own recycling programs, or to participate in programs developed by someone other
than the City-sponsored Contractor. In that event, the business must prove to the satisfaction of
the City Manager that no more than 10 percent (10%), by weight, of its solid waste set out for
collection consists of recyclable materials and green waste. Any business which utilizes an
alternative to the City-sponsored Contractor shall be subject to quarterly waste reviews of its
waste stream to ensure compliance with this Chapter. The City may recover its costs of such
audits, pursuant to the Act and the City's Source Reduction and Recycling Element, if approved
for in a resolution of the City Council.
5130.1 (b). CITY MANAGER DETERMINATION. The City Manager's determination
provided for in this Section 5130.1 shall be made in an manner consistent with the City's solid
waste diversion goals and the provisions of the Agreement, as amended from time to time. If the
City Manager determines that more than 10 percent (10%), by weight, of the solid waste set out
for collection by a business consists of recyclable materials and green waste in any quarter, said
business shall follow the procedures outlined in the Administrative Policies and Procedures
adopted by Resolution of the City Council pursuant to this Chapter to achieve compliance with
this Chapter.
5130.1 (c)
APPEAL. Any interested person may appeal the City Manager's
determination made pursuant to this Section by submitting a written appeal to the City Clerk
within ten (10) days of such determination. Such appeal shall be determined by an arbitrator
which is mutually agreed to by City and the appellant. The decision of such arbitrator shall be
final. The City may, by resolution, set fees to govern any such appeal.
5130.2
NONPARTICIPATION REQUIREMENTS. Any Business not participating
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in the recycling programs offered by the City-sponsored Contractor shall deliver, or cause to be
delivered, to City, quarterly reports concerning their waste diversion. Said reports shall be on
forms provided by City and shall provide information including, but not limited to, the type and
estimated amount of each product sold, donated or provided for a fee to any charity or other
recycling company, and shall be attested to by the commercial or industrial business owner. Said
reports shall be submitted within forty five (45) days after the end of each calendar quarter. Any
business which does not submit quarterly reports as required in this section may be subject to a
waste review.
Section 2. That the City Clerk shall certify to the adoption of this Ordinance and shall
cause a copy of the same to be published in the official newspaper of the City within fifteen (15)
days upon its adoption.
Passed, approved and adopted this 20th day of December, 1994.
ATTEST:
APPROVED AS TO FORM:
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Michael H. Miller
City Attorney
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ARCADIA
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I, June D. Alford, City Clerk of the City of Arcadia, hereby certify that the foregoing
Ordinance No. 2026was passed and adopted by the City Council of the City of Arcadia, signed
by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the
20th day of December , 1994 and that said Ordinance was adopted by the following
vote, to wit:
AYES: Councilmember Chang, Kuhn, Lojeski, Margett and Young
NOES: None
ABSENT: None
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