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ORDINANCE NO, 2044
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, AMENDING PORTIONS OF PART 3 OF
CHAPTER 1 OF ARTICLE V OF THE ARCADIA MUNICIPAL CODE
RELA TED TO THE COLLECTION OF RECYCLABLE MA TERlAL
FROM COMMERCIAL AND INDUSTRIAL BUSINESS PROPERTIES
WHEREAS, AB 939 (California Integrated Waste Management Act) requires each
city and county to reduce the amount of waste disposed of at area landfills by 50% by the
year 2000; and
WHEREAS, Section 40059 of the Public Resources Code provides in part, that
under the California Integrated Waste Management Act, a city retains the power to
determine including, but not limited to, frequency of collection, means of collection, and
transportation, level of services, charges and fees, and the nature and location and extent
of providing solid waste handling services,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES FIND, DETERMINE, AND ORDAIN AS FOLLOWS:
SECTION 1, Part 3 of Chapter 1 of Article V [Section 5130 parts (b), (f), and (g)] are
hereby repealed. The remaining subsections are hereby renumbered (a) through (d) in
sequence.
SECTION 2, Section 5130,1 of Part 3 of Chapter 1 of Article V as it currently reads
is repealed and is hereby amended to read as follows:
5130,1.
COMMERCIAUINDUSTRIAL WASTE HAULER REQUIREMENTS,
Any recycling company or waste hauler as permitted pursuant to Article VI, Chapter 4, Part
3, Division 4 of the Arcadia Municipal Code, shall:
(a) Upon request, supply appropriate recycling containers to all customers
served by said commercial waste hauler.
(b) Work with customers in the City of Arcadia to recycle and to educate
customers about the need to recycle. Within 90 days of the issuance of the hauler's
business license, the hauler will submit to the Maintenance Services Director a strategy
and methodology for increasing diversion and recycling within the City,
(c) Achieve annual diversion rates (the "diversion rate") of 25% in calendar year
1996, 30% in 1997, 40% in 1998, 45% in 1999 and 50% in year 2000 or as provided under
applicable state law, of all commercial waste, as defined in the City's Source Reduction
and Recycling Element including but not limited to varieties of paper, plastics, glass, as
well as wood, yard and other green waste, manure, and construction and demolition debris,
removed from within City limits.
(d) The diversion rate shall be calculated by taking the total number of tons of
any and all materials considered diverted or recycled from the commercial and industrial
waste stream as set forth in the periodic reports of the hauler, and dividing the resulting
numbers by the total tonnage of commercial and industrial solid waste removed by the
same hauler.
SECTION 3, Section 5130.2 of Part 3 of Chapter 1 of Article 5 as it currently reads
is repealed and is hereby amended to read as follows:
5130.2, REQUIRED MONTHLY REPORTS. Any recycling company or waste
"
hauler removing recyclable material from the waste stream shall report such diversions to
the City, and indicate the type and amount of material diverted on a form approved by the
City within thirty (30) days after the end of the reporting month,
SECTION 4. Section 5130,3. of Part 3 of Chapter 1 of Article V is hereby amended
to read as follows:
5130,3. AUDITS. The hauler's records related to recycling and diversion may
at any time be audited by the City or its appointed representative to verify the accuracy of
all records and reports made to the City, The City Council may by resolution adopt such
administrative procedures as necessary detailing the auditing procedure and costs of such
audits. The hauler shall pay to the City the cost of the audit.
SECTION 5, SECTION 5130.4, of Part 3 of Chapter 1 of Article V is hereby
amended to read as follows:
5130.4. PENALTIES FOR NON-COMPLIANCE. If a commercial hauler fails
to reach the diversion rates as specified by 5130,1 (c) then the City shall, consistent with
Arcadia Municipal Code Section 6216.7, consider action to suspend or revoke the
applicable business license permit or direct non-renewal of the permit and/or application,
or direct the imposition of civil penalties and fines pursuant to a duly promulgated
ordinance to implement the provision of this Part 3 of the Code,
SECTION 6. Section 5130.5 is hereby added to the Municipal Code to read as
follows:
5130.5
ANTI-SCAVENGING. No person or entity other than the business
owner, employee or agent of the business, licensed recycler or hauler engaged by the
commercial or industrial business enterprise where a recyclable material container is
placed for collection, shall remove any material from such container.
SECTION 7, 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 dav of February, 1996,
May<?rjof the City of Ar. adia
Pro Tem
ATTEST:
APPROVED AS TO FORM:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, June Alford, City Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance
No. 2044 was passed and adopted by the City Council of the City of Arcadia, signed by the
Mayo/, and attested to by the City Clerk at a regular meeting of said Council held on the
Pro Tern
20th day of February ,1996, and that said Ordinance was adopted by the following
vote to wit:
AYES
NOES
ABSENT
Councilmember Chang, Kuhn, Ulrich and Young
None
Councilmember Lojeski