HomeMy WebLinkAboutItem 1b: Adoption of Ordinance 2296: Multi-Family Residential and Commerical Recycling ORDINANCE NO. 2296
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA AMENDING ARTICLE V
CHAPTER 1 OF THE ARCADIA MUNICIPAL CODE
REGARDING MULTI-FAMILY RESIDENTIAL AND
COMMERCIAL RECYCLING
WHEREAS, a new law regarding multi-family residential and commercial recycling,AB
341, recently became effective; and
WHEREAS, AB 341 requires most multi-family and commercial customers to receive
recycling services; and
WHEREAS, AB 341 also requires local agencies to ensure that these customers are
aware of their obligations under AB 341 and to monitor their compliance with these
requirements; and
WHEREAS, the City currently requires all multi-family customers to receive
commercial recycling service; and
WHEREAS, the City currently monitors the extent to which commercial customers
receive recycling service; and
WHEREAS, the City Council wishes to amend the Arcadia Municipal Code to reflect
these current practices and otherwise ensure that the City complies with AB 341.
THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS
FOLLOWS:
Section 1. Article V, Chapter 1 of the Arcadia Municipal Code is hereby amended by
amending Section 5120.7.1. to read in full as follows:
"5120.7.1 SERVICE AND PAYMENT.
The owners or occupants of all single-family houses and all multiple-dwelling
units including, without limitation, duplexes, triplexes, apartments and
condominiums in the City shall subscribe to and pay for garbage or refuse
collection service,regardless of whether garbage or refuse is placed for collection.
Such service shall be provided by the City's duly authorized residential refuse
collector as established by the Arcadia Municipal Code, resolutions of the City
and the City Residential Refuse Agreement. No person shall refuse such service,
use other service, or fail to pay the collector of such garbage or refuse the fee
charged by such collector, which shall be in accordance with the rates fixed and
determined by resolution of the City Council. For purposes of this chapter and
section, residential garbage or refuse collection service shall include recyclable
collection services."
Section 2. Article V, Chapter 1 of the Arcadia Municipal Code is hereby amended by
amending subsection(a)of Section 5130.1 to read in full as follows:
"(a) Work with customers in the City to recycle and educate customers about
the need to recycle and inform all applicable customers of their obligation
to recycle pursuant to Public Resources Code Section 42649.2 and other
applicable law. Within ninety (90) days of the issuance of the hauler's
business license, the hauler shall submit to the Public Works Services
Director a strategy and methodology for increasing diversion and
recycling within the City, which includes a discussion of how the hauler
will ensure applicable customers are aware of their obligation to recycle
pursuant to applicable law;"
Section 3. Article V, Chapter 1 of the Arcadia Municipal Code is hereby amended by
amending subsection(e)of Section 5130.1 to read in full as follows:
"(e) A hauler that does not achieve at least an annual 50% diversion rate may
petition the City for continuation of its commercial refuse permit if the
hauler provides to the Public Works Services Director substantial
evidence, in a form and content deemed satisfactory by the Public Works
Services Director, that shows 1) the disposed solid waste does not consist
of readily recyclable materials, or 2) refusal by the hauler's customers to
cooperate in recycling programs, including identifying which customers
are required to recycle pursuant to Public Resources Code Section 42649.2
and other applicable law and refuse to do so, or 3) the cost of recycling 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" in implementing other waste reduction and recycling programs. The
City's Public Works Services Director may approve the continuation of
the permit 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
alternative 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
programs by 1) providing documentation of other program(s) that the
hauler is implementing, and/or 2) participating in cooperative waste
reduction and recycling programs with the City."
Section 4. Article V, Chapter 1 of the Arcadia Municipal Code is hereby amended by adding
Section 5130.5 to read in full as follows:
"5130.5 EDUCATION AND MONITORING
The City shall provide outreach and education to commercial customers required
to obtain recycling service by Public Resources Code Section 42649.2 and other
applicable law. The City shall monitor compliance with mandatory state recycling
requirements and shall endeavor to inform affected customers. The City's failure
to inform an affected customer is no defense to an action brought by the State,
City or other regulatory authority for failing to comply with mandatory state
recycling requirements."
Section 5. 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 said City within fifteen (15) days
after its adoption. The Ordinance shall take effect on the thirty-first (31) day after its adoption,
in accordance with the provisions of California law.
PASSED,APPROVED,AND ADOPTED this , day of ,2012.
Gary Kovacic, Mayor, City of Arcadia
ATTEST:
Jim Barrows, City Clerk, City of Arcadia
APPROVED AS TO FORM:
City Attorney, City of Arcadia
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°`"° STAFF REPORT
Public Works Services Department
DATE: March 20, 2012
TO: Mayor and City Council
FROM: Tom Tait, Public Works Services Director �L
Prepared by: Vanessa Hevener, Environmental Services Officer `
SUBJECT: ORDINANCE NO. 2296 AMENDING ARTICLE V. CHAPTER I OF THE
ARCADIA MUNICIPAL CODE RELATING TO MANDATORY
COMMERCIAL RECYCLING
Recommendation: Introduce
SUMMARY
In 1989, the State passed Assembly Bill (AB) 939 requiring all jurisdictions including the
City of Arcadia to divert at a minimum 50% of municipal solid waste away from landfills
by means of reducing, reusing, and/or recycling by the year 2000. Approximately three-
fourths or 75% of the State's municipal solid waste disposed in landfills comes from the
commercial sector which is not directly subject to the requirements of AB 939.
In addition, as part of AB 32 the California Global Warming Act, the Department of
Resources Recycling and Recovery (Cal Recycle) in concert with the Air Resources
Board, was tasked to develop solutions aimed at reducing green house gas (GHG)
emissions and therefore, developed the Mandatory Commercial Recycling measures.
These measures are intended to reduce GHG by diverting commercial solid waste from
the landfill and increase the opportunity for additional recycling in this sector.
Subsequently in October 2011, Governor Brown signed into law AB 341 which
authorizes CalRecycle to develop regulations on Mandatory Commercial Recycling and
was formally adopted in January 2012.
Staff therefore recommends that the City Council introduce Ordinance No. 2296,
amending Article 5 Chapter 1 relating to the commercial recycling in accordance with
AB 341.
DISCUSSION
AB 341 requires CalRecycle to set State policy goal of 75% diversion by the year 2020;
and to provide a report to the Legislature by January 1, 2014 on its progress to meeting
the State policy.
Page 1 of 3
Mayor and City Council
March 20, 2012
Additionally AB 341 requires "commercial waste generators" for both private and public
businesses who generate more than 4 cubic yards of commercial waste per week and
multi-family dwellings with 5 units or more to arrange for and/or subscribe to a recycling
service on or before July 1, 2012. Those businesses which use a 3 cubic yards or less
of trash service per week as well as multi-family with four units or less are exempt from
AB 341.
Currently, Arcadia commercial owners and multi-family dwellings are not required to
implement recycling measures in their facilities. Under AB 341, the City of Arcadia will
be required to implement a commercial solid waste recycling program which includes:
• Developing and providing public education and outreach to commercial
waste generators (e.g., businesses and multi-family properties) to
participate in the City's commercial recycling program;
• Monitoring program progress and notifying businesses if they are not in
compliance with AB 341;
• Reporting annually to CalRecycle on City's commercial recycling program;
and
• Developing and/or amending new ordinances to comply with new
regulations
As part of the City's Mandatory Commercial Recycling program, the City's permitted
commercial haulers will be required to work with their customers to assist and educate
businesses on the most cost-effective means of complying with AB 341. For example,
the City's permitted hauler may conduct waste audits to assist their customers in their
recycling efforts. The City's commercial recycling program will also require the
permitted haulers to provide a list of businesses that are not participating in the
mandatory commercial recycling program to ensure that the City is able to monitor and
track those businesses and to provide guidance and/or assistance as necessary.
City facilities that require more than three cubic yards of trash pickup per week will be
required to participate in the commercial recycling program. These facilities are: City
Hall, Library, Police Department, Public Works Service Center, and Community Center.
All other City facilities use three cubic yards or less of trash service per week and are
therefore exempt from AB 341. Staff, however, will implement recycling services for
exempted City facilities as well.
Part of the educational component will be the design, preparation and distribution of
fliers, brochures, notices, labels on bins, handouts for tenants, etc., that will be financed
by the City's permitted haulers (currently the City has 3 permitted haulers). City staff
will review and approve educational materials to ensure compliance with AB 341. In
addition, City staff will distribute notices and letters to affected businesses and multi-
family units, conduct presentations on the City's mandatory commercial recycling
program to the Arcadia Chamber of Commerce, and provide press releases. Finally,
the City will provide an insert in utility bills to notify affected businesses and public
agencies of the mandatory recycling program.
Page 2 of 3
Mayor and City Council
March 20, 2012
Staff therefore recommends that the City Council introduce Ordinance No. 2296,
amending Article 5 Chapter 1 relating to the commercial recycling in accordance with
AB 341.
FISCAL IMPACT
Direct fiscal impact to the City for the implementation of the new revised regulations will
only include the cost to prepare and distribute public outreach/education materials. Any
cost increases in commercial trash/recycling services will be borne by the affected
businesses as the permitted commercial haulers are responsible for setting their
collection rates.
RECOMMENDATION
Introduce Ordinance No. 2296, an Ordinance of the City Council of the City of Arcadia,
California, relating to mandatory commercial recycling program.
Approved by: 3,(!)-)^4-4a
Donald Penman, City Manager
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Attachment- Ordinance No. 2296
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