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ORDINANCE NO. 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING PART 3 TO CHAPTER 1 OF ARTICLE V TO IMPLEMENT AND PROVIDE REGULATIONS FOR A 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, pursuant to the SRRE entering into a recycling agreement with a single contractor would be the most effective way to meet the AB 939 goals; and 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 25% by 1995, and 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 location and extent of providing solid waste handling services; and WHEREAS, the City Council finds that the cost of disposing of solid waste in landfill disposal sites has increased dramatically, and that it is anticipated that costs will rise; and 1 ..; .. .- WHEREAS, the City Council finds that much of the waste generated in Arcadia can be effectively segregated and recycled, thus controlling and reducing the cost of waste disposal to Arcadia businesses as well as making recyclable materials available for re-use and remanufacturing; and WHEREAS, the City Council fmds that it is in the best interest of the residents and businesses in Arcadia to institute a commercial and industrial recycling program in Arcadia; and WHEREAS, the City Council shall determine by resolution a reasonable fee to be imposed on and collected from businesses serviced by the commercial and industrial recycling program provided by the City or City contractors and the manner in which that fee is to be collected. 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 hereby added to the Arcadia Municipal Code to read as follows: PART 3 COMMERCIAL AND INDUSTRIAL RECYCLING 5130. PARTICIPATION AND DEFINITIONS (a). DEFINITION OF A COMMERCIAL OR INDUSTRIAL BUSINESS ENTERPRISE. A commercial or industrial business enterprise shall mean business, commercial, industrial, or non-profit business uses or any other types of premises other than single-family and multiple family residential, which have commercial garbage accounts. 2 ~ , ". ,- (b). CITY-SPONSORED CONTRACTOR. City-sponsored contractor shall mean the designated individual or company contracted by the City to pick up, haul, and otherwise remove recyclable materials from commercial and industrial business enterprises in the City. (c). GREEN WASTE. Green waste shall mean all yard waste including, but not limited to, grass clippings and tree and/or plant trimmings as well as wood waste. (d). RECYCLABLE MATERIALS. Recyclable materials shall mean the following materials generated on or emanating from commercial or industrial premises and no longer useful or wanted thereon: glass bottles and jars - any food or beverage container (excluding ceramics and chemical containers); aluminum - cans, foil, pie tins, and similar items (excluding dirt or organic material); steel or bi-metal cans not to exceed one (1) gallon size; PET - plastic soda bottles or other bottles with the designated "PET" symbol; HDPE plastic milk and water bottles with the designated "HDPE" symbol (excluding detergent or bleach bottles and other plastic products); newspaper; cardboard - separated and not having waxed surfaces; computer print out (excluding carbon); and white ledger - white bond paper, office paper, white envelopes (excluding coated paper); mixed paper; wood waste; and such additional materials as the City Council may designate from time to time. (e). RECYCLING. 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 of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recycling does not include transformation as defined in Public Resources Code Section 40201. 3 -' ... .- (t). REQUIRED PARTICIPATION. Each commercial or industrial business enterprise in the City is required to participate in the city-sponsored commercial and industrial recycling program by purchasing a minimum level of recycling service to recycle ninety percent (90%), by aggregate,of the recyclable materials and green waste contained in their waste stream to a recycling program. (g). CITY SPONSORED CONTRACTOR. All commercial or industrial business enterprises shall participate in the recycling programs sponsored by the City-sponsored Contractor unless they choose to adhere to the requirements set forth in Section 5130. I. Rates for participation in the programs performed by the City-sponsored Contractor shall be established by the City. 5130.1. EXEMPTIONS. (a) Any commercial or industrial business enterprise may elect to develop it's own recycling programs, or to participate in programs developed by someone other then the City- sponsored Contractor. In that event, the business must prove to the satisfaction of the City Manager that ninety percent (90%), by aggregate, of all types of recyclable materials required to be diverted pursuant to this Chapter and any other State or local law , are being diverted from such business enterprise's waste stream. Any business which utilizes an alternative to the City- sponsored Contractor shall be subject to quarterly audits 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 provided for in a resolution of the City Council. 4 .. ~ ..- .- (b). CITY MANAGER DETERMINATION. The City Manager's determination provided for this Section 5130.1 shall be made in manner consistent with the City's solid waste diversion goals and provisions of the Agreement or as amended. If the City Manager determines that a business recycles less than ninety percent (90%), by aggregate, of its recyclable materials in any quarter, said business shall participate in the City-sponsored Contractor's recycling program and pay for the level of service deemed appropriate based on the waste audit. (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 (to) 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. NON-PARTICIPATION REQUIREMENTS. Any business not participating in the recycling programs offered by the City-sponsored Contractor shall deliver, or cause to be delivered, to the 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 shall participate in the City-sponsored Contractor's recycling program and pay for the level of service deemed appropriate based on the waste audit. 5130.3 REQUIRED QUARTERLY REPORTS. Any recycling company or waste hauler 5 -,....j.~ '.... - ~p lJ!II" ~ -- -~- removing recyclable materials from the waste stream shall report such diversion 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 each calendar quarter. 5130.4. PENALTIES FOR NON-COMPLIANCE. If a commercial or industrial business fails to participate in the commercial and industrial recycling program and fails to comply with the requirements for exemption from this program then the City shall consistent with the Arcadia Municipal Code Section 6216.7 consider action to suspend or revoke the applicable business license and/or application of the nuisance abatement assessment lien procedures pursuant to Arcadia Municipal Code Section 9400 et. seq. 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 5th .' . / /' 6 ,.,.-.....- ',~ ,-- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, city Clerk of the city of Arcadia, hereby certify that the foregoing Ordinance No. 2000 was 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 5th day of April, 1994 and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmember Fasching, Harbicht, Lojeski, Margett and Ciraulo NOES: None ABSENT: None ci AI) Arcadia -7-