HomeMy WebLinkAbout2296 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, CALIFORNIA 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 its entirety as follows:
1
"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 its entirety 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 its entirety 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
2
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.
3
Passed, approved and adopted this 3rd day of April , 2012.
/
/�.A4,. / • tit
lir yor ot;the Cit of Arcadia
ATTEST:
l
ity Clerk
APPROVED AS TO FORM:
G; CL•c-e
Stephen P. Deitsch
City Attorney
4
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Ordinance No. 2296 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 April, 2012 and that said Ordinance was adopted by the
following vote, to wit:
AYES: Council Members Amundson, Chandler, and Segal
NOES: Council Member Kovacic
ABSENT: Council Member Harbicht
t
City Clerk of the City of Arcadia
5