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HomeMy WebLinkAboutOrd 1055-1989ORDINANCE N0.1055-89 AN ORDINANCE ADDING CHAPTER 8.28 TO TITLE 8 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE ESTABLISHING A PROGRAM FOR THE COLLECTION OF RECYCLABLES THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION I Chapter 8.28 added A new chapter, Chapter 8.28 Recyclable Materials, is hereby added to the South San Francisco Municipal Code to read: Chapter 8.28 RECYCLABLE MATERIALS Sections: 8.28.010 8.28.020 8.28.030 8.28.040 8.28.050 8.28.060 8.28.070 8.28.080 8.28.090 8.28.100 8.28.110 8.28.120 8.28.130 8.28.140 Purpose Definitions Recyclable materials disposal Collection service Collection contract Duties of authorized recycling agent Separation of recyclables and placement for removal Receptable specifications Authorized recycling agent--contract Insurance required Recycling rates Private disposal of recyclable materials Collection by unauthorized persons prohibited Penalty for violation Section 8.28.010 Purpose The city council finds and determines that a municipal program for the collection and recycling of newspapers, metal, food and beverage containers, glass, old corrugated cartons, graded or stored waste paper, waste motor oil '(residential), and PET plastic beverage containers, within the city and the licensing of persons engaged therein, is in the public interest and serves to promote the general welfare of the city. This chapter is hereby enacted to increase participation rates, improve recyclable material recovery rates, reduce landfill dependency, and ultimately maintain a cost effective overall garbage, rubbish, refuse or recyclable program for the citizens, businesses and institutions of the city. It is also recognized that the recycling program hereby established may be victimized by unauthorized scavengers; and that the theft of recyclable materials before they can be picked up by the authorized collector would be destructive to the economic viability of the program, as well as detrimental to the economic interests of the city at large, and the citizens, businesses and institutions in particular. It is the additional purpose of this chapter to define clear ownership of recyclable materials and to provide for the protection of those ownership rights. The provisions of this chapter shall be the minimum requirements for the protection of the public health, safety and welfare. Section 8.28.020 Definitions For the purposes of this chapter the following words and phrases shall have the meanings as set forth hereinafter unless the context appears otherwise: (a) "Authorized recycling agent" means that person, partnership, joint venture or corporation authorized by contract with the city to collect recyclable materials pursuant to this chapter. (b) "Charitable entity" means any organization or other entity maintained for community service, education or the public good, including service clubs, scouting organizations, religious and educational organizations and recognized charities. {c) "Collect" means to take physical possession of materials at any commercial location, institutional location, multi-residential complex or residential unit of another individual or entity. {d) "Commercial entity" means any business, retail, office, professional or industrial premises or site including but not limited to motels, hotels and trailer parks. Commercial entity includes non-profit activities such as churches, synagogues, charitable organizations, fraternal, service and social clubs. (e) "Commercial location" means the premises or site of a commercial entity. (f) "Designated collection location" means the place where an authorized recycling agent is to pick up segregated, recyclable materials. Such location is identified by contract between the authorized recycling agent and the city and will customarily be the curbside of a residential neighborhood or the service alley of a commercial or institutional entity. -2- (g) "Institutional entity" means any location operated by a governmental entity, including city, county, state and/or federal buildings, public schools, colleges, and public recreational sites. (h) "Institutional location" means the premises or site of an institutional entity. (i) "Multi-residential complex" means any residential building(s) including any apartment building, condominium complex or other residential development consisting of more than three independent dwelling units. "Multi-residential complex" does not include motel, hotel or trailer parks. (j) "Person" means any tenant, lessee, business, occupant or owner of real property within the city. (k) "Recyclable materials" means any one or more of the following categories of materials collected and recycled or salvaged from within the city (1) newspapers; (2) metal food and beverage containers; (3) glass; (4) old corrugated cartons; (5) graded or sorted waste paper; (6) waste motor oil (residential); and (7) PET plastic beverage containers. (1) "Recycling" means the process of sorting, cleansing, treating, and reconstituting waste or other discarded materials for the purpose of using the altered form. "Recycling" does not include merely sorting, shredding, stripping, compressing, storing, land filling with, or otherwise disposing of waste or other discarded materials. (m) "Residential unit" means any single-family dwelling, duplex, triplex, apartment house or condominium complex of three dwelling units or less. For the purposes of this chapter, each dwelling unit of a duplex, triplex, three unit or less apartment house or condominium complex shall be considered as a separate dwelling. (n) "Segregated recyclable materials" means those recyclable materials which have been separated by the person from whom they are being collected from refuse; and from all other recyclable materials to form one readily identifiable category or materials as set forth in subsection (k) that are saleable without further sorting. Section 8.28.030 Recyclable material disposal It is unlawful for any person to deposit, bury or dispose of any recyclable materials, except as provided for in this chapter, in or upon any private or public property, street, alley, sidewalk gutter, park or upon the banks of any stream or creek in the city, or in or upon any of the waters thereof. Every person in the city who disposes of recyclable materials shall dispose of same only in the manner provided in this chapter. -3- Section 8.28.040 Collection service (a) A recyclable materials collection service program is established and shall be available to all persons, residences, businesses and institutions in the city for the purpose of providing for the orderly and regular collection of recyclable materials. Creation and operation of this collection program does not preclude the operation of certified recycling centers created pursuant to Division 12.1 of the Public Resources Code. (Section 14500 et seq.) lb) Recyclable materials for donation, sale, or collection by or to any person or entity other than the authorized recycling agent may not be stored or transferred by use of the recycling receptacles described in this chapter, or any other containers used for recycling provided by the authorized recycling agent. Storage of recyclable materials at the designated collection location other than for pickup by the authorized recycling agent is prohibited. Section 8.28.050 Collection contract (a) The city council may, with or without having invited bids therefor, enter into an exclusive contract with any responsible individual, association, firm, organization or other business entity, whether or not the entity is operated for profit, for the collection of any or all recyclable materials within the city. Where such a contract has heretofore or hereafter been entered into between the city and a contractor for the collection of any or all recyclable materials as herein provided, the contractor shall be the authorized recycling agent for the city. (b) If in the determination of the city council the contractor shall have satisfactorily performed such contract, the city council, without inviting bids or proposals therefor and without giving notice of its intention to do so, may either prior to or after the expiration of such contract, extend or renew the same for such a period and on such terms and conditions as the city council shall deem necessary and appropriate. Section 8.28.060 Duties of authorized recycling agent The authorized recycling agent must offer recyclable materials collection service to all persons, residences, businesses and institutions within the city limits pursuant to the terms and conditions of any exclusive contract for such service. The city council may establish standard regulations for the methods of collection of recyclable materials, collection service charges, frequency of pickup, and the civil and/or criminal remedies available for enforcing this chapter. -4- Section 8.28.070 Separation of recyclables and placement for removal {a) Persons desiring to participate in the recycling program shall prepare and separate those recyclable materials that the city has contracted for pickup by the authorized recycling agent from other garbage and refuse as required by the collection contract, and thereafter place the segregated recyclable materials within receptacles as required by this chapter, or within the designated collection location. (b) Receptacles containing recyclable materials for residential units shall be placed at curbside for collection by the authorized recycling agent; but shall not be placed at curbside earlier than twelve hours prior to the date and time for scheduled collection, nor left remaining at curbside longer than twelve hours following the date and time for scheduled collection. (c) Receptacles containing recyclable materials for multi-residential complex, commercial and/or institutional locations shall be of a size and serviceability agreed to by the authorized recycling agent and thereafter placed at the designated collection location. Section 8.28.080 Receptacle specifications (a) Pursuant to the terms and conditions of any exclusive contract between the city and the authorized recycling agent, each residential unit shall be provided with suitable and sufficient receptacles to store segregated recyclable materials to be made available for curbside pickup. The color, style and markings of such receptacles shall be mutually agreed upon between the city and the authorized recycling agent. (b) Initial provision of residential receptacles shall be made at no charge to persons participating in the recycling program. All such residential receptacles shall be and remain the property of the authorized recycling agent, and shall not be used for any purpose other than the segregation and curbside placement of recyclable materials. Participating persons relocating out of the city shall leave all residential receptacles at the premises. (c) It is the duty of every person participating in the recycling program to maintain receptacles in a reasonably safe and secure manner; and all such receptacles shall be so placed and kept at the designated collection location so as to be readily accessible for removal and collection therefrom and placed such that they will not be a public nuisance or in any degree offensive. -5- Section 8.28.090 Authorized recycling agent--contract An award of contract for recycling shall confer upon the entity to whom the contract is awarded the exclusive right as of the city's authorized recycling agent, during the term of the contract, to collect, transport, sell and dispose of all recyclable materials collected within the city as provided herein, and all provisions of this chapter applicable to the authorized recycling agent shall constitute and be part of any contract awarded hereunder. Section 8.28.100 Insurance required The authorized recycling agent shall be considered as and shall be an independent contractor and shall act under its own directions as to the manner of performing the work; and it shall keep itself and all of its employees insured against all liability under California Workers' and Employees insurance, compensation and safety laws. The authorized recycling agent shall maintain comprehensive general liability insurance coverage, including coverage for use or operation of motor vehicles used in the performance of work hereunder in the amount of one million dollars for each incident of death or injury to persons and/or property. Evidence of such insurance shall be filed with the city upon request. Section 8.28.110 Recycling rates A charge shall be collected by the authorized recycling agent from the tenant, lessee, owner or occupant of each residential unit, as well as for each multi-residential, commercial and/or institutional entity situated within the city limits, at rates to be established by contract between the city and the authorized recycling agent. Rates are subject to change upon approval of an agreement between the city and the authorized recycling agent. Section 8.28.120 Private disposal of recyclable materials (a) Nothing contained in this chapter shall preclude any person, business or other entity from disposing of segregated recyclable materials without utilizing the authorized recycling agent, providing that the recyclable materials are disposed of by such persons individually or by one or more employees to an authorized recyclable materials collection site or station that has been duly approved and authorized as such by an appropriate governmental authority or other appropriate authority. (b) Nothing herein contained shall prevent any person, business or other entity from allowing recyclable materials to be picked up, dropped off, or otherwise donated to any charitable entity. -6- (c) The use of receptacles or other containers provided by the authorized recycling agent or the pickup of such recyclable materials from any designated collection location is prohibited by anyone other than the authorized recycling agent. (d) Nothing herein contained shall inhibit, regulate or restrict any recycling center, nonprofit dropoff program or recycling processor as permitted by "The Solid Waste Management Resource and Recovery Act of 1972" (Government Code Section 66700 et seq.) or the "California Beverage Container Recycling and Litter Reduction Act of 1986" (Public Resources Code Section 14500 et seq.). Section 8.28.130 Collection by unauthorized persons prohibited (a) It is unlawful for any person, business or other entity, not otherwise excepted by the provisions of this chapter, or by state or federal law, to collect recyclable materials in the city; provided, however, the collection of segregated recyclable materials with the intent to recycle all such materials collected by one who has an arrangement to and does recycle all such materials collected shall not be prohibited. The receipt of money or other consideration by the collector in addition to the materials collected creates the presumption that the collection of such materials is not for the purpose or recycling. (b) From the time of placement of recyclable materials at curbside or other appropriate designated collection locations or in any container used for recycling provided by the authorized recycling agent the recyclable materials shall be and become the property of the authorized recycling agent. Section 8.28.140 Penalty for violation (a) Any person engaged in the unauthorized collection of recyclable materials is guilty of an infraction and upon conviction shall be punished as provided in Chapter 1.24 of this code. Each such unauthorized collection from one or more locations within the city shall constitute a separate and distinct offense. (b) As an alternative to criminal enforcement, both the city and the authorized recycling agent have the independent authority to civilly enforce any provisions of this chapter, to and including the authority to seek treble damages pursuant to Government Code Section 66764. The city manager or the manager's designee may invoke these remedies, or any of them, whenever deemed appropriate. SECTION 2 Exclusive Franchise, Contract, License or Permit (a) The "Solid Waste Management and Resource Recovery Act of 1972" provides that local governments have the discretion to enter into non-exclusive or exclusive franchises, contracts, licenses or permits for solid waste handling, including the handling of recyclable materials, according to the needs of the local entity. -7- r ' F) (b) It is the intent and purpose of the city to enter into an exclusive franchise, contract, license or permit for the collection and hauling of recyclable materials from all participating residences, multi-residences, businesses and institutions in the city pursuant to this ordinance. SECTION 3 Severability In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. SECTION 4 CEQA The city council finds, pursuant to Title 14 of the California Administrative Code, Section 15378, that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that: (a) It is not a project as provided by the Act, in that it does not have a potential for resulting in a detrimental physical change in the environment, directly or ultimately as provided in Title 14, Section 15378(a); (b) In that it is further exempt under the definition of project under Section 15378(b)(3) in that it concerns general policy and procedure making; (c) In that it can be seen with certainty that there is no possibility that the activity may have a significant effect upon the environment pursuant to Title 14, Section 15061(b)(3); and (d) In that the action taken is an action by a regulatory agency that will both enhance and protect the environment and thereafter categorically exempt pursuant to Title 14, Section 15308. SECTION 5 Publication and Effective Date This ordinance shall be published once, with the names of those City Council members voting for or against it, in the Enterprise-Journal, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. -8- Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 14th day of June~ , 1989. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council of the City of South San Francisco, held the 28th day of AYES: NOES: ABSTAIN: ABSENT: June , 1989, by the following vote: Councilmembers Mark N. Addiego, Jack Drago, Richard A. Haffey, Gus Nicolopulos, and Mayor Roberta Cerri Teglia None None None As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 28th day of June , 1989. -9-