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Home My WebLink About2180 ORDINANCE NO. 2180 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OFARCAD]A, CALIFORNIA, AMENDING ART]CLE V, CHAPTER I, PART 3 AND ARTICLE VI, CHAPTER 4, PART 3 OF THE ARCADIA MUNICIPAL CODE RELATING TO RECYCLABLES AND RUBBISH COLLECTION, HAULING AND DISPOSAL THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION I. Section 5130 of Article V, Chapter I, Part 3 of the Arcadia Municipal Code is amended by re-Iettering subsections "(c)" and "(d)" to becorne subsections "(d)" and "(e"), respectively, and by adding new subsections "(c), "(f), and "(g)" to read as follows: "(c) "Putrescible waste" means wastes that are capable of bcing decomposed by microorganisms with sufficient rapidity as to cause nuisances because of odors, vectors, gases or other offensive conditions, and includc rnaterials such as, but not Iirnited to food waste, offal and dead animals." "(f) "Residue" rneans solid waste destined for chipping and grinding, cornposting, transfer/processing, or transformation, which remains after processing has taken place and is calculated in percent as the weight of residue divided by the total incorning weight of rnateria]s. Residue also 2180 includes all putrescible wastes received regardless of the destination to which it is sent." "(g) "Source separated recyc]ab]es" means materials, including commingled recyc]ables, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw materials for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. Source separated materials do not exceed ten percent residue content by weigh!." SECTION 2. Section 5] 30.1 of Article V, Chapter I, Part 3 of the Arcadia Municipal Code is hereby deleted in its entirety, and a new Section 5130.1 is substituted therefor to read in its entirety as follows: "Section 5] 30.]. COMMERCIAL/INDUSTRIAL WASTE HAULER REQUIREMENTS. Any recycling cornpany or waste hauler as pern1itted pursuant to Article VI, Chapter 4, Part 3, Division 4 of the Arcadia Municipal Code shall: (a) Work with customers 111 the City to recycle and educate customers about the need to recycle. Within ninety (90) days of the issuance of the hauler's business license, the hauler shall subrnit to the Public Works 2180 2 Services Director a strategy and methodology for increasing diversion and recycling within the City; (b) Achieve annual diversion rates, as provided under applicable state law, for 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 greenwaste, manure, and construction and demolition debris, collected or removed within the City; (c) Report to the City all materials considered diverted or recycled resulting in source reduction, recycling, composting and/or transformation from the commercial and industrial waste stream by using the diversion formula set forth in Section 5130. ] (d); (d) In calculating the annual diversion rate achieved, each hauler shall utilize the following formula and definitions incorporated by reference frorn Title 14, California Code of Regulations, Article 6.] Solid Waste Generation Study, Section 18722 et seq. The following equation defines the "Integrated Waste Management (AB 939) Generation-Based Diversion Quantification Methodology: Generation = Disposa] + Diversion Diversion Rate (%) = Diversion Tons Generation Tons 3 2180 A hauler may only claim diversion tonnages resulting from source reduction, recycling, composting, and transformation activities. Diversion shall be quantified on an "avoided disposal" basis. The overall calculated annual diversion tonnage to be reported to the City by a hauler rnay include a combination of the diversion quantities achieved by the customers serviced by the hauler, and the tonnage diverted by the hauler. Diversion quantities achieved by a customer may include those resulting from the customer's internal source reduction practices, and may further include recycling tonnage given to an independent third party recycler. Diversion quantities and practices shall be subject to audit by an independent third party approved by the Public Works Services Director, at the cost and expense of the hauler. A hauler may petition the City to use a different calculation methodology to detern1ine diversion tonnage upon showing, based upon substantial evidence, that the above methodology cannot be accomplished due to lack of available data, or other circumstances. The approval of the City's Public Works Services Director shall be required for any alternative method of calculation. (e) A hauler that does not achieve at least an annual 50% diversion rate rnay petition the City for continuation of its commercial refuse permit if the hauler provides to the Public Works Services Director substantial 2180 4 evidence, in a fom1 and content deemed satisfactory by the Public Works Services Director, that shows]) the disposed solid waste does not consist of readily recyclable materials, or 2) refusal by the hauler's customers to cooperate in recycling programs, or 3) the cost ofrecycling is unreasonably prohibitive, or 4) other reasons for failure to achieve at least an annual 50% diversion rate (e.g., space limitations, refusal by business to report internal business recycling, etc.), and by demonstrating "good faith" m implernenting other waste reduction and recycling programs. The City's Public Works Services Director may approve the continuation of the pem1it if the Director finds that there is a reasonable basis for doing so, and that the hauler has demonstrated "good faith" in implementing other waste reduction and recycling programs. The City may require an altemative annual diversion goal and impose additional conditions for the continuation of the commercial refuse permit. A hauler can demonstrate "good faith" waste reduction and recycling prograrns by I) providing docurnentation of other program(s) that the hauler is implementing, and/or 2) participating in cooperative waste reduction and recycling programs with the City. (f) Each permitted commercial hauler servlcmg an entity shall provide a recycling container for the custorner's source separated recyclab]es 5 2180 at no additional charge to the commercial customer upon request of the commercial customer." SECTION 3. Section 6434.2 of Article VI, Chapter 4, Part 3 of the Arcadia Municipal Code is hereby amended by deleting the first paragraph and by substituting therefor a new first paragraph to read as follows: "No more than three (3) permits for the collection, hauling or disposing of commercial refuse in the City shall be in effect at anyone time; provided, however, that no permit renewal shall be denied to a hauler holding a permit as of June 30, 2003, if the hauler meets and complies with all applicable City requirements." SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published in the official newspaper of the City within fifteen (15) days after its adoption. This Ordinance shall take effective on the thirty-first (31 st) day after its enactment. [SIGNA TURES ON NEXT PAGE] 2180 6 Passed, approved and adopted this 3rd day of June ,2003. ayor ofthe City of Arcadia ATTEST: ~ tL0 v APPROVED AS TO FORM: ~ r TdM~ City Attorney 2180 7 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk ofthe City of Arcadia, hereby certifies that the foregoing Ordinance No. 2180 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 3rd day of June, 2003 and that said Ordinance was adopted by the following vote, to wit: A YES: Council members Kovacic, Marshall, Segal, Wuo and Chang NOES: None ABSENT: None /i~ J {2~S CitiQ'erk of the Cit~f Arcadia 8 2180 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of the Arcadia Weekly, a newspaper of general circulation which has been adjudged as a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California on the date of October 3, 1997, Case Number GS004333; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: JLJY\e IJ I Joo 3 I declare under penalty of perjury that the foregoing is true and correct. Dated at Arcadia, Los Angeles County, California, Ibl~..J;) day of JU(\-e ,2003 x (0 mm 0 -8A (/r/ /YY1 0 ~ Signature CORE MEDIA GROUP, INC. Arcadia Weekly/Monrovia Weekly Sierra Madre Weekly/Pasadena Independent 34 E. Huntington Drive Arcadia, CA 91006 (626) 294-1090 (This space is for the County Clerk's Filing Stamp only) .~~.~.c..~.... " _' 'J' ".1 '-1 " \"1 t.i J -- .....1",'.'(,:,...." O"d J \0'0 Proof of Publication of