HomeMy WebLinkAboutOrd 1209-1997ORDINANCE NO. 1 ?(3q-97
AN ORDINANCE AMENDING CHAPTER 8.28 OF THE SOUTH
SAN FRANCISCO MUNICIPAL CODE RELATING TO
RECYCI.Agll .E MATERIAI.S
THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS
FOLLOWS:
SECTION 1. Existing Chapter 8.28 Repealed.
Chapter 8.28 of the South San Francisco Municipal Code, as previously adopted, is hereby
repealed in its entirety.
SECTION 2. New Chapter 8.28 Adopted.
Chapter 8.28, entitled "RECYCLABLE MATERIALS," is hereby added to the South San
Francisco Municipal Code to read, in its entirety, as follows:
Section 8.28.010 Purpose.
(a) The City Council finds and determines that a municipal program for the collection and
recycling of recyclable materials 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.
(b) This chapter is hereby enacted to increase participation rates, improve recyclable material
recovery rates, reduce landfill dependency, and ultimately maintain a cost effective overall solid
waste and recycling program for the citizens, businesses and institutions of the city.
(c) This chapter envisions the city's appointment of an authorized recycling agent, as well as
the licensing of additional junk collectors (although not required by applicable law), to enhance
diversion of reeyclable materials from landfills.
(d) 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 recycling agent 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.
(e) The provisions of this chapter shall be the minimum requirements for the protection of the
public health, safety and welfare.
Section 8.28.020 ])efinitions.
For the purposes of this chapter the following words and phrases shall have the meanings set
forth hereinafter unless the context appears otherwise. Terms used in this chapter but not
defined herein shall have the meanings assigned them in chapters 6.56 and/or 8.16.
(a) "Authorized recycling agent" means that person authorized by contract with the city to
collect recyclable materials pursuant to this chapter.
Co) "Charitable entity" means any not-for-profit organization or 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 residential, commercial and
industrial or institutional property within the city.
(d) "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.
(e) "Construction debris" means construction materials generated during the construction or
renovation of a residential, commercial and industrial or institutional property.
(f) "Demolition debris" means used construction materials generated during the razing or
renovation of a residential, commercial and industrial or institutional property.
(g) "Designated collection location" means the place where the authorized recycling agent is to
pick up source separated 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 and industrial or institutional property.
(h) "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.
(i) "Person" includes, without limitation, a natural person, group of persons, partnership, firm,
corporation, public or municipal corporation or association.
0) "Junk collector" means a person that is licensed with the City to collect source separated
recyclable materials and source separated salvageable materials from the person generating such
materials in accordance with this chapter and chapter 6.56.
(k) "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
(k).
(1) "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.
(m) "Salvageable materials" means used articles capable of being restored or resold for reuse, in
either case without reproeessing or remanufacture, 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 (m).
(n) "Solid waste" means all putreseible 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 hazardous waste and household hazardous waste.
(o) "Source separated" means, as to recyclable materials, materials that have been separated
from solid waste that is not reeyclable 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 recyclable materials are
generated to form one readily identifiable category of recyclable material as set forth in
subparagraph (k) 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.
(p) "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 8.28.030 llecyclable 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.
Section 8.28.040 Collection service.
(a) A recyclable materials collection service program is established and shall be available to all
residential, commercial and industrial, and institutional properties in the city for the purpose of
providing for the orderly and regular collection of recyclable materials. Creation and operation
of this collection program shall not preclude the operation of junk collectors licensed with the
city or certified recycling centers created pursuant to Division 12.1 of the Public Resources
Code. (Section 14500 et seq.)
(b) Recyclable materials generated in the city and held for lawful 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 person, whether or not such person is operated for profit, for the
collection of all recyclable materials generated within the city. Where such a contract has
heretofore or hereafter been entered into between the city and a contractor for the collection of
all recyclable materials as herein provided, the contractor shall be the authorized recycling agent
for the city.
Co) Such contract may be subject to renewal if, in the discretion of the City Council, time,
circumstances, and conditions warrant such renewal. The contract between the city and the
authorized recycling agent may also be subject to renewal in accordance with its terms.
Section 8.28.060 Duties of authorized recycling agent.
The authorized recycling agent must offer recyclable materials collection service to all
residential, commercial and industrial, and institutional properties 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.
Section 8.28.070 Separation of recyclables and placement for removal.
(a) Persons desiring to participate in the recycling materials collection service program shall
prepare and separate recyclable materials from other solid waste as required by the collection
contract so as to constitute source separated recyclable materials, and thereafter place the source
separated recyclable materials within receptacles as required by this chapter.
Co) Each type of source separated recyclable material shall be placed in the receptacle designated
for such purpose, and shall not be mixed with any other solid waste, including any other type of
recyclable material.
(c) Receptacles containing recyclable materials for single unit residential properties shall be
placed at the designated collection location for collection by the authorized recycling agent; but
shall not be placed at such location earlier than twelve hours prior to the date and time for
scheduled collection, nor left remaining at such location longer than twelve hours following the
date and time for scheduled collection.
(d) Receptacles containing recyclable materials for multiple unit residential properties,
commercial and industrial and/or institutional properties 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 ~ecifications.
(a) Pursuant to the terms and conditions of any exclusive contract between the city and the
authorized recycling agent, each single unit residential property shall be provided with suitable
and sufficient receptacles to store source separated recyclable materials to be made available for
curbside pickup by the authorized recycling agent. 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.
Section 8.28.090 Authorized recycling agent-Contract.
An award of contract for recycling pursuant to this chapter shall confer upon the person to whom
the contract is awarded the exclusive right as the city's authorized recycling agent, during the
term of the contract and subject to applicable law (including this Chapter and Chapter 6.56), to
collect, transport, sell and dispose of all recyclable materials generated 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 its 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.
Until the city and the authorized recycling agent shall otherwise agree and determine, no direct
charge for collection of source separated recyclable materials shall be collected by the authorized
recycling agent from the tenant, lessee, owner or occupant of any residential property,
commercial and industrial property or institutional property situated within the city limits.
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 source separated recyclable materials without utilizing the authorized recycling
agent, provided that the source separated recyclable materials are: (i) transported personally by
the generating person for donation to or collection by a collection or processing facility that has
been duly approved and authorized as such by a governmental or other appropriate authority,
including beverage containers recycled at authorized facilities under the California Beverage
Container Recycling Litter Reduction Act; (ii) sold or donated by the generating person to a
charitable entity; or (iii) accumulated by the generating person for collection and collected by a
junk collector in accordance with applicable law.
(b) The use of receptacles or other containers provided by the authorized recycling agent for the
pickup of such recyclable materials from any designated collection location is prohibited by
anyone other than the authorized recycling agent.
(c) Nothing herein contained shall inhibit, regulate or restrict any recycling center, non-profit
dropoff program or recycling processor as permitted by 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 not otherwise excepted by the provisions of this chapter, or by
state or federal law, to collect recyclable materials in the city.
(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 violating any of the provisions of this chapter is guilty of an infraction except as
otherwise provided herein, and upon conviction shall be punished as provided in Section 36900
of the Government Code. Each unauthorized collection, transportation or disposal from one or
more locations within the city shall constitute a separate and distinct offense.
Co) 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.
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SECTION 3. SEVERABII,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.
SECTION 4. PUBI.ICATION AND EF~,CTIVE 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.
Introduced at a regular meeting of the City Council of the City of South San Francisco, held the
9th day of ,July ,1997.
Adopted as an Ordinance of the City of South Francisco at a regular meeting of the City Council
held the 23ecl day of Jul y , 1997, by the following vote:
AYES:
Councilmembers James L. Datzman, Eugene R. Mullin,
Robert Yee and Mayor Joseph A. Fernekes
NOES: N o n e
ABSTAIN:
Councilman John R. Penna
ABSENT: None
City Clerk
A:\CH828.709
As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this
23rd day of July ,1997.
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