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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