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Home My WebLink About5830 RESOLUTION NO. 5830 A RESOLUTION OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING AN ADMINISTRATIVE POLICY FOR THE COMMERCIAL/INDUSTRIAL RECYCLING PROGRAM THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY DETERMINE, FIND AND RESOLVE AS FOLLOWS: SECTION 1. 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 on source reduction, recycling and composting; and SECTION 2. That the City Council of the City of Arcadia has adopted a commercial and industrial recycling program. SECTION 3. That the City Council approves of the attached administrative policy for the commercial and industrial recycling program and authorizes the City Manager to carry out such policy. SECTION 4. That the City Clerk shall certify to the adoption of this resolution 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. 1 Passed, approved and adopted this 6th day of December , 1994. ATTEST: ~ ~~~ lerk of the C( Arcaqia C' APPROVED AS TO FORM: . ~~H Jr/4_ City Attorney of the City of Arcadia STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ARCADIA ) ) ) SS: I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Resolution 5830 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 City Council held on the 6th day of December , 1994 and that said Resolution was adopted by the following vote, to wit: AYES: Councilmember Chang, Kuhn, Lojeski, Margett and Young NOES: None ABSENT: None ~ Ci 2 5830 CITY OF ARCADIA ADMINISTRATIVE POLICY COMMERCIAL/INDUSTRIAL RECYCLING PROGRAM Approved By Resolution # 5830 I. Policy Objectives In order to meet the requirements of the California Integrated Waste Management Act of 1989 (AB 939), it is necessary to require recycling of solid waste materials. In order to address the State mandate and recycle commercial solid waste in the most effective manner possible, the City shall do the following: A. Require every commercial or industrial business to recycle. B. Enter into an agreement with a designated recycler/contractor for a city-sponsored commercial recycling program. II. AuthoritY Arcadia Municipal Code Section 5130. III. Assigned Responsibility The overall management of the commercial recycling program shall be the responsibility of the City Manager with day-to-day administration delegated to city staff. IV. Policy A. Participation In Recycling Every commercial or industrial recycling enterprise within the City of Arcadia shall divert the necessary level of recyclables in their waste stream to ensure that no more than 10% by weight of their discarded solid waste is comprised of recyclables materials. B. Recyclable Materials The following materials are designated as recyclable under the City's ordinance: 1. Commingled Recyclables - newspapers, mixed waste paper, white paper, computer paper, cardboard glass, tinlbi-metallaluminum cans, PET bottles/plastics, and HDPE plastics. 2. Green and wood waste. C. Diversion Standard/Contamination Level In order to address the State mandated goals of 25% and 50% reduction of the City's entire waste stream, the City must ensure maximum diversion of recyclables in the commercial waste stream. Based on the estimated size and composition of the commercial/industrial waste and recyclable stream, the 10% contamination rate is established to achieve the State's diversion goals. No more than 10% by weight of a business' discarded solid waste shall be comprised of recyclables. 5830 Commercial/Industrial Recycling Program Page 2 D. Initial Waste Evaluation All commercial or industrial businesses or enterprises shall receive at least one face-to-face visit from the City's designated commercial recycler for the purpose of conducting an evaluation of their waste and recycling practices. The City's sponsored contractor shall recommend an appropriate level of recycling services to ensure compliance with the City's ordinance. E. Determination of Appropriate Recycling by a Businesses After the initial waste evaluation, a business must determine: 1. To participate in the recycling program offered by the city-sponsored contractor, l2!: 2. Develop its own recycling program and/or participate in a recycling program developed by another recycler, hauler, or contractor. Any business which utilizes an alternative to the city-sponsored contractor shall be subject to periodic reviews of its waste stream to ensure compliance with the ordinance. F. Required Reports Any business not participating in the service provided by the city-sponsored contractor shall deliver, or cause to be delivered, to the City a quarterly report concerning recycling and waste diversion. The report to be completed either by the business or hauler/recycler shall be attested to by the commercial or industrial business owner. The reports shall be on a form provided by the City and due within forty five (45) days after the end of the quarter (1st Quarter: January- March, 2nd Quarter: April-June, 3rd Quarter: July-September, 4th Quarter: October-December). Any business which does not submit a quarterly report may be subject to a waste review. G. Waste Review Any business utilizing an alternative or opting-out of the recycling services offered by the city-sponsored contractor shall be subject to periodic waste reviews beginning September 1,1995. Twenty-five percent of the businesses opting out, shall be randomly selected by the City for a waste review each quarter. The following guidelines are established: 1. First Waste Review Business is afforded the option of a free waste review performed by the city-sponsored contractor l2!: at the business' expense utilizing the service of a City approved waste review consultant. a. Compliance If the waste review determines that a business is in compliance, the business shall not be subject to another review for at least a one year period. 5830 Commercial/Industrial Recycling Program Page 3 b. Non-Compliance If the waste review detennines that a business is not in compliance (more than 10% by weight of recyclables in the waste stream designated for disposal), the business is presented with the following three options: 1. Appeal the results of the waste review by requesting a comprehensive waste audit, at the business' expense to demonstrate compliance. 2. Demonstrate compliance by utilizing the recycling services of the city-sponsored contractor. 3. Receive a warning of non-compliance and be scheduled for a second waste review the following quarter. A business may also submit a plan to the City, explaining how it will comply with the ordinance. 2. Second Waste Review If compliance is not demonstrated after the first waste review, business is scheduled for a second waste review either perfonned by the city-sponsored contractor or utilizing the services of a City approved waste review consultant, but in either case paid by the business. a. Compliance If compliance is detennined, the business is not subject to another review for at least a one year period. b. Non-Compliance If non-compliance is determined from the waste review, the business is presented with the following three (3) options: 1. Appeal the results of the waste review by requesting a comprehensive waste audit, at the business' expense, to demonstrate compliance. 2. Demonstrate compliance by utilizing the recycling services of the city-sponsored contractor. 3. Pay the cost of the waste review, and be subject to a third waste review the following quarter. 3. Third Waste Review If compliance is not demonstrated after the second waste review, the business is scheduled for a third waste review, the business is scheduled for a third waste review, at the business' expense, utilizing the services of a City designated waste consultant. 5830 Commercial/Industrial Recycling Program Page 4 a. Compliance If the review results in compliance, the business IS not subject to review for at least a one year period. b. Non-Compliance If non-compliance is determined from the waste review, the business is presented with the following two options: I. Appeal the results by requesting a comprehensive waste audit, at the business' expense, to demonstrate compliance. If non-compliance exists after the comprehensive waste audit, the business shall adopt the resulting "Recycling Plan" to ensure compliance with the City's ordinance. 2. Demonstrate compliance by utilizing the recycling services of the city-sponsored contractor. 4. Final Determination of Non-Compliance If after the third waste review, the business has failed to demonstrate compliance by utilizing the services of the City- sponsored contractor or adhering to an approved "Recycling Plan," City staff shall issue a notice determining non-compliance. A business may be subject to suspension or revocation of the applicable business license. An appeal may be filed with the City Manager within 10 days of the date of the notice of determination. If denied, another further appeal may be filed with the City Clerk's office and subsequently determined by an arbitrator. APPROVED AS TO FORM CITY OF ARCADIA ~~ If Jr1~ Michael H. Miller, City Attorney ~I~ William R. Kelly, City Manager 5830