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HomeMy WebLinkAboutOrd 1208-1997ORDINANCE NO. J,~?t=9- 7 AN ORDINANCE AMENDING CHAPTER 8.16 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO SOLID WASTE DISPOSAL THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 8.16 Repealed. Chapter 8.28 of the South San Francisco Municipal Code, as previously adopted, is hereby repealed in its entirety. SECTION 2. Chapter 8.16 Adopted. Chapter 8.16 of the South San Francisco Municipal Code, entitled "SOLID WASTE - SCAVENGER SERVICES," is hereby adopted to read, in its entirety, as follows: Section 8.16.010 Establishment of Health Regulations-Intent. The City Council establishes health and sanitation rules and regulations applicable to all lands and premises in South San Francisco as set forth in this chapter. The intent of the City Council in adopting the ordinance codified in this chapter is to prevent accumulation of quantities of solid waste on all lands and premises within the boundaries of the city, except for dump sites approved by the City Council, in order that the public health and welfare of the inhabitants of the city and surrounding communities may be protected and preserved through strict regulation and supervision of all phases of accumulation, collection and disposal of solid waste within the city. Section 8.16.020 Definitions. As used in this chapter the following words and phrases shall have the meanings set forth herein. Terms used in this chapter but not defined herein shall have the meanings assigned them in chapters 6.56 and/or 8.28. A. "City" means the City of South San Francisco. B. "Commercial and industrial property" means property upon which business activity is conducted, including but not limited to retail sales, services, wholesale operations, manufacturing and industrial operations, but excluding businesses conducted upon residential property which are permitted under applicable zoning regulations and are not the primary use of the property. C. "Construction debris" means construction materials generated during the construction or renovation of a residential, commercial and industrial or institutional property. D. "Demolition debris" means used construction materials generated during the Il I II[ razing or renovation of a residential, commercial and industrial or institutional property. E. "Hazardous waste" means all substances defined as hazardous waste, acutely hazardous waste or extremely hazardous waste by the State of California, or identified as hazardous waste by the U.S. Environmental Protection Agency, under applicable laws or regulations. F. "Household hazardous waste" means hazardous household waste generated at residential properties within the city. G. "Institutional property" means the premises or site of a governmental entity, including city, county, state and/or federal buildings, public schools, colleges, and public recreational sites. H. "Person" means and is held to include but not be limited to a natural person, group of persons, partnership, firm, corporation, public or municipal corporation or association. I. "Recyclable materials" means solid waste which may be reused or processed into a form suitable for reuse through reprocessing or remanufacture consistent with the requirements of the California Integrated Waste Management Act of 1989, including, without limitation, paper, newsprint, printed matter, pasteboard, paper containers, cardboard, glass, aluminum, PET, HDPE, and other plastics, beverage containers, compostable materials (including yard waste), and wood, brick and stone in reusable size and condition. Recyclable materials shall include those items of construction debris and demolition debris which are described in this subparagraph I. J. ~Residential property" means property used for residential purposes, irrespective of whether such dwelling units are rental units or are owner-occupied. Complexes of four or more units, whether in a single structure, or connected structure, or series of structures may be subject to procedures and rates which differ from other lower density residential properties. K. "Scavenger" means that person with whom the city has contracted, as hereinafter provided, to collect, receive, carry and/or transport solid waste in accordance with the provisions of this chapter. L. "Salvageable materials" means used articles capable of being restored or resold for reuse, in either case without reprocessing or remanufaeture, including antiques, used building supplies and automobiles and automobile parts. Salvageable materials shall include those items of construction debris and demolition debris which are described in this subparagraph L. M. "Solid waste" means all putrescible and nonputrescible residential refuse, commercial solid waste, institutional solid waste, garbage, yard waste and rubbish as defined in Public Resources Code Section 40191, including, without limitation, for the purposes of this chapter (except where specifically excluded) construction debris, demolition debris, recyclable materials and salvageable materials, but excluding Il I ' II[ hazardous waste and household hazardous waste. N. "Source separated" means, as to recyclable materials, materials that have been separated from solid waste that is not recyclable material and from all other types of recyclable materials by the person generating such solid waste or recyclable materials at the residential, commercial and industrial or institutional property where such solid waste or reeyelable materials are generated to form one readily identifiable category of recyclable material as set forth in subparagraph I above that are saleable without further sorting; and, as to salvageable materials, materials that have been separated from solid waste that is not salvageable material by the person generating such solid waste or salvageable materials at the residential, commercial and industrial or institutional property where such solid waste or salvageable materials are generated. For example, cardboard that has been separated by a business from glass, PET plastic and wet garbage is source separated so long as the separation is accomplished by the generator at the commercial and industrial property where all of such items are generated and all of such items are generated by such business. O. "Yard waste" means tree trimmings, grass cuttings, dead plants, leaves, branches and dead trees (not more that six (6) inches in diameter) and similar materials generated at a residential, commercial and industrial or institutional property. Section 8.16.030 Receptacles. All solid waste (other than source separated recyclable materials and source separated salvageable materials) shall, by the person upon whose premises the same has been produced or accumulated and/or the person required under Section 8.16.050 to arrange for solid waste collection services, be placed in a watertight container or containers of not less than ten nor more than ninety-six gallons each, net capacity, with poundage limits set by the city council, and of a design approved by the city health officer. The container shall be kept clean, sanitary, continuously closed by a tight-fitting cover, except when solid waste is being dumped into or removed therefrom and shall be closed to the access of flies, insects, animals and rodents. The container with solid waste therein shall be made easily and readily accessible on the designated collection day for the area in which the premises are located, not less than once a week, to the Scavenger authorized by the city to collect the same in accordance with the provisions of this chapter. Premises shall include but not be limited to all those types enumerated in Section 8.16.050. Section 8.16.040 l.ocation of receptacles on designated collection days. Solid waste receptacles shall not be placed within the limits of any street, road, avenue, public way, alley or public place, or in a manner which blocks a sidewalk or constitutes a public nuisance in complying with the provisions of this section. On the designated collection date, solid waste receptacles shall be placed as follows: A. Single-family, Duplex and Triplex Residential Properties. Solid waste receptacles for single-family, duplex, and triplex residential properties shall be placed in an accessible area on the premises within eight feet of the face of the curb or, in absence of a curb, not less than eight feet from the edge of the improved right-of-way. An alternate location may be permitted for the following: [I I 11[ I. The premises for which such a location may constitute a nuisance; and 2. Premises for which the owner or occupant has subscribed for backyard pickup service. B. Multiple Unit Residential Properties, Commercial and Industrial Properties and Institutional Properties. Solid waste receptacles shall be located in a place on the premises which is readily accessible for removal and emptying by the Scavenger. Section 8.16.050 Compulsory participation. The following shall arrange for and have solid waste collection service as specified in this section and in the contract or franchise awarded by the city, and shall pay the rates and charges for solid waste collection service as are established pursuant to Section 8.16.440: A. Any person generating solid waste at, or who has control of, each and every single-family residential property; B. Any person generating solid waste at, or who has control over operations conducted at, each and every multiple dwelling unit, occupied hotel, apartment house, roominghouse, motel, auto court, trailer park, or other such place of abode located in the city; C. Any person generating solid waste at, or who has control over operations conducted at, each and every commercial and industrial or institutional property located in the city. Section 8.16.080 Solid waste-Collection. Collections of solid waste shall be made at least once a week; provided, however, that such collections may be made at other intervals within such areas as may from time to time be designated in any agreement between the city and the Scavenger. The contents of all containers shall be transferred by the Scavenger into a vehicle provided by the Scavenger and approved by the health officer as being a satisfactory vehicle for such purpose by having a watertight portion in which the refuse is to be deposited and an adequate cover to prevent refuse and/or offensive or noxious fumes or odors escaping therefrom. The Scavenger shall remove any solid waste spilled by it on stairs, yards, streets, alleyways or other private or public places, except dump sites, and clean those places. Section 8.16.090 Segregation of waste matter. The producer or owner of solid waste, recyclable materials and salvageable materials may elect to source separate recyclable materials and salvageable materials for collection by the city's authorized recycling agent, a junk collector or for other disposition in accordance with chapters 6.56 and 8.28. Section 8.16.100 No deposit or burnirlg. It is unlawful for any person to deposit, place or burn solid waste of any kind upon public streets, alleyways or public places or upon private lands or premises, except as provided in this chapter. Dry yard waste may be burned by owners or producers of the same only after they have obtained a permit from the city fire chief. The permit shall be denied if the burning would endanger the health, safety or welfare of the inhabitants in the vicinity or surrounding areas. The burning shall never be allowed to create any offensive odor, smoke screen or nuisance. Section 8.16.110 Solid waste-Disposal. All solid waste collected by the Scavenger shall be disposed of in such a manner as to comply with the contract or franchise awarded to the Scavenger by the city and all applicable state, county, city or district regulations. Section 8.16.120 Solid waste-Permit to collect and transport. It is unlawful, except as provided in this Chapter, Chapter 8.28 or Chapter 6.56, for any person other than the Scavenger to collect, transport or carry solid waste (including, without limitation, construction debris, demolition debris, recyclable materials, salvageable materials and yard waste) over any streets or public places of the city unless such person is an agent or employee of the city acting within the scope of his employment; provided that the City Manager with the approval of the City Council may issue permits to transport or carry solid waste over the streets to the scavenger of any other city or public agency if the council finds and determines that the permit is in the public interest and will not impair the contractual rights of the Scavenger of the city or the health, welfare or comfort of the inhabitants of the city. Section 8.16.125 Yard waste; construction and demolition debris; hazardous waste and household hazardous waste. Yard waste removed from a residential, commercial and industrial or institutional property by a gardening, landscaping or tree trimming contractor as an incidental part of a comprehensive service offered by such contractor, rather than as a hauling service, may be disposed of by such contractor at any licensed landfill, transfer station or materials recovery facility. Construction debris and/or demolition debris removed from a residential, commercial and industrial or institutional property by a licensed construction or demolition contractor using its own employees and equipment as an incidental part of a comprehensive service offered by such contractor, rather than as a hauling service, may be disposed of by such contractor at any licensed transfer station or materials recovery facility. Hazardous waste and household hazardous waste may be disposed of in any lawful manner. Section 8.16.130 Tran~ortation by individual businesses and by individuals. Nothing in this chapter shall prohibit a person or his employee from transporting to a licensed transfer station or materials recovery facility, without spilling, solid waste, on city streets without obtaining any permit, for purposes solely incidental to the conduct of his individual business within the city or to the maintenance of his individual residence. Section 8.16.420 Collection franchise contract award. The City Council may award an exclusive contract or franchise, subject to the provisions of this Chapter and Chapters 6.56 and 8.28, for the collection and disposal of solid waste to any person as independent contractor which the council believes best qualified and equipped to perform the work of a scavenger. The contract shall require the Scavenger to collect, remove, and dispose of solid waste in the city in accordance with the provisions of this chapter and in conformance with such regulations as may be prescribed by the health officer or such other officer as may be hereafter designated by city. It shall require the Scavenger to furnish a surety bond of not less than twenty-five thousand dollars, conditioned upon the faithful performance of his contract and shall require the Scavenger to carry workers' compensation insurance and property damage and public liability insurance in amounts to be determined by the Council. Such contract may be subject to renewal if, in the discretion of the city council, time, circumstances, and conditions warrant such renewal. Such contract may also be subject to renewal in accordance with its terms. Section 8.16.430 Collection rates and charges-Franchise fees. A. The Scavenger shall have authority to charge such rates for solid waste collection service as are established pursuant to Section 8.16.440. B. The city shall establish franchise fees by resolution. Section 8.16.440 Establishment of rates and charges. Rates and charges shall be determined in accordance with the terms and provisions in the contract or franchise between the city and the Scavenger. Section 8.16.450 Interference with collection or disposal unlawful. It is unlawful for any person in any manner to interfere with the collection or disposal of solid waste by the Scavenger or any person authorized by license, franchise or contract in accordance with the provisions of this chapter or of Chapters 6.56 or 8.28 to collect or dispose of the same. Section 8.16.460 Nonwaiver clause. Nothing in this chapter shall relieve a person from complying with all other city, county, state and federal health, safety, sanitation, licensing and other law requirements. Section 8.16.470 Penalty for violation. (a) Any person violating any of the provisions of this chapter is guilty of an infraction, and upon conviction such person shall be punished as provided in Section 36900 of the Government Code. (b) The City of South San Francisco's authority to civilly and/or criminally enforce any provisions of this Chapter shall not limit or preclude any right which any other entity, including without limitation the scavenger awarded a contract pursuant to Chapter 8.16 of this Code or the city's authorized recycling agent under Chapter 8.28 of this Code, may have to civilly enforce any provisions of this chapter. SECTION 3. ~qF~VlqRABII.ITY 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. ~;ECTION 4. PUBLICATION AND EFFECTIVE DATE Pursuant to the provisions of Government Code Section 36933, a Summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This ordinance shall become effective thirty days from and after its adoption. -9th Introduced at a regular meeting of the City Council of the City of South San Francisco, held the day of dul¥ ,1997. Adopted as an Ordinance of the City of South Francisco at a regular meeting of the City Council held the 23rd day of July , 1997, by the following vote: AYES: Councilmembers James L. Datzman, Eugene Robert Yee and Mayor Joseph A. Fernekes NOES: None ABSTAIN: Councilman dohn R. Penna ABSENT: None R. Mullin, ATTEST: City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 23rotlay of dul¥ ,1997. Mayor f A:\CH816.709 II I