HomeMy WebLinkAboutNS-2199 - Amending Article II of Chapter 16 of Santa Ana Municipal Code Pertaining to Solid Waste Collection Regulationstat: 5/10/93
ORDINANCE NO. NS 2199
AN ORDINANCE OF THE CITY OF SANTA
ANA AMENDING ARTICLE II OF CHAPTER
16 OF THE SANTA ANA MUNICIPAL CODE
PERTAINING TO SOLID WASTE COLLECTION
REGULATIONS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
SECTION 1: That section 16-28 of the Santa Aha Municipal
Code is hereby amended to read as follows:
Sec. 16-28. Short title.
This article shall be known and may be cited as the
"Municipal Solid Waste Collection Regulations" of
the city.
SECTION 2: That the Santa Aha Municipal Code is hereby
amended by adding a section, to be number 16-28.5, which said
section reads as follows:
Sec. 16-28.5 Purpose of this ~rtiole.
It is in the public interest, health and safety that
the collection, transportation and recycling, diversion
by means of composting, mulching and/or transforming and
disposal of all solid waste in the city be regulated by
the city. In order for the city to both manage the solid
waste generated within the city and to comply with the
California Integrated Waste Management Act of 1989
(commencing with section 40000 of the California Public
Resources Code), and any amendments made thereto, the
city deems it necessary to provide rules and regulations
relating to solid waste.
SECTION 3: That section 16-29 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Seo. 16-29. Definitions.
(a). Bin Service shall mean all
collection services provided by means of
collection bins of various sizes.
solid waste
front-loaded
(b). Cali$ornia Intearated Waste Manaaement Act
shall mean that act codified by California Public
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Resources Code Sections 40000 et seq., and any subsequent
amendments thereto.
(c). Commercial/Industrial Bin Service shall mean
bin service which is provided to commercial and/or
industrial units.
(d). ~omDost means the product resulting from the
controlled biological decomposition of organic wastes
that are source separated from the solid waste stream.
(e). ComDostina means a method of waste treatment
which produces a product meeting the definition of
"compost" herein.
(f). ComDostina Facility means a state permitted
solid waste facility at which composting is conducted and
which produces a product meeting the definition of
compost.
(g). Construction and Demolition Solid Waste
includes solid wastes, such as building materials, and
packaging and rubble resulting from construction,
remodeling, repair and demolition operations on streets,
pavements, houses, commercial buildings, and other
structures.
(h). Curbside Service Unit shall mean each single
family residence and duplex unit which receives curbside
collection services. This shall include commercial
curbside users and any multi-family, business or
professional user which does not require bin service as
determined by the executive director of public works.
(i). Executive Director shall mean the Executive
Director of Public Works of city, or his or her
designate.
(j). Hazardous Wastes are those wastes which,
because of their physical or chemical characteristics,
cannot be disposed of in a Class III landfill under the
applicable laws and regulations of the State of
California.
(k). Permitted Solid Waste Facility means a solid
waste facility for which there exists a Solid Waste
Facilities Permit issued by the local enforcement agency
and concurred in by the California Waste Management
Board.
(1). Person shall include, without limitation,
associations, clubs, societies, firms, partnerships, sole
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184
proprietorships, corporations, schools, colleges and all
governmental agencies and entities, as well as
individuals, including the officers of such associations,
corporations, etc.
(m). Processina means the reduction, separation,
recovery, conversion or recycling of solid waste.
(n). Recvclable Solid Waste means and includes,
those solid wastes which may be sorted, cleansed,
treated, processed and/or reconstituted for purposes of
reuse. Recyclable solid wastes are not a separate
category of materials, but merely an evolving portion of
the entire stream of solid waste generated within the
city.
(o). Recvclina means collecting, sorting, cleansing,
treating, processing and reconstituting recyclable solid
wastes for the purpose of reuse.
(p). Residential Bin Service shall mean bin service
which is provided to any and all residential users which
request or require such services.
(q). Roll-Off Service shall mean solid waste
collection from transportable containers of 10 cubic
yards or larger Which are dropped off at a residence,
commercial or industrial establishment and later removed
for collection of contents of said container. Roll-off
service includes compactors which may be used with roll-
off containers.
(r). Solid Waste shall mean all solid wastes,
including, hut not byway of limitation, recyclable solid
wastes, whether now recyclable or not, generated and/or
accumulated by all residential, commercial and industrial
sources, and at all construction and demolition sites
within the city; provided, however, that solid waste
shall not be deemed, for purposes of this ordinance, to
include any hazardous wastes as defined hereinabove.
(s) Waste tvDe means identified wastes having the
features of a group or class of wastes which are
distinguishable from any other waste type, as identified
by the City's Source Reduction and Recycling Element.
(t). yard Waste means any wastes generated from the
maintenance or alteration of public, commercial or
residential landscapes including, but not limited to,
leaves, yard clippings, tree trimming, brush, weeds and
prunings.
ORDINANCE NS-2199
Page 4
SECTION 4: That section 16-29.5 of the Santa Aha Municipal
Code is hereby repealed.
~ That section 16-30 of the Santa Aha Municipal
Code is hereby amended to read as follows:
Sec. 16-30. Exclusivity and exclusions thereto.
(a) The city and its solid waste collection
contractor have the exclusive duty, right and privilege
to collect, transport, process, recycle, divert by means
of composting, mulching, and/or transforming, retaining
and disposing of all solid waste accumulated, produced or
generated in the City of Santa Ana, and all solid waste
placed for collection either by the city or its solid
waste collection contractor shall be deemed to be the
property thereof, except as otherwise provided herein.
This exclusivity shall not include construction and
demolition solid waste which has accumulated and/or been
generated at a temporary construction site and which is
being disposed of in a roll-off container(s).
(b) Persons who generate solid waste, or persons who
own the premises upon which solid waste has generated or
accumulated, may personally collect, transport and
dispose of their own solid waste so long as they: (1) do
so in accordance with all governing laws and regulations;
and, (2) dispose of such solid waste at a site permitted
by the California Integrated Waste Management Board.
(c) Persons who generate solid waste, or persons who
own the premises upon which solid waste has generated or
accumulated, may: (1) sell their recyclable solid
wastes, or, (2) donate their recyclable solid wastes;
provided, however, that in both instances: (a) the person
must, on its premises, personally segregate (by waste
type) from other solid waste the recyclable solid waste
to be sold or donated, and (b) the person may not pay the
buyer or the donee any sums, consulting fees or other
fees in lieu of charging for collection, or. other
tangible consideration for collecting, processing or
transporting such segregated recyclable solid wastes. A
person who simply receives a discount of, or reduction
in, the collection and disposal service rates of its
unsegregated solid waste shall not be deemed to be
selling or donating recyclable solid wastes for purposes
of this exception.
(d) A gardener, tree trimmer or person engaged in
landscape maintenance who has a business license to
operate in the city may collect yard waste or other
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ORDINANCE NS-2199 186
Page 5
organic solid Wastes which it generates as an incidental
portion of providing its licensed services. Any .yard
waste or other o~ganid ~01id waste collected pursuant
hereto must be transported by. the gardener, tree trimmer
or person to a composting facility permitted by the
California Integrated Waste Management Board in
accordance with all laws and regulations.
(e) Any person may colle'ct, transport and dispose of
solid waste during a period in which collection services
by the city or its solid waste collection contractor are
interrupted or delayed due to a labor strike or other
circumstances affecting collection services throughout
the city, provided such persons comply with any and all
directives of the executive director of public works.
(f) The executive director of public works may, by
written permit, authorize provision of bin service if the
city,s solid waste collection contractor fails to provide
such service within five (5) calendar days after a
customer order and such service is not thereafter
provided within twenty-four (24) hours after notice to
the city's solid waste collection contractor of such
failure by the executive director of public works.
(g) Any person other than the city or its solid
waste collection contractor who collects, transports,
recycles, composts or disposes of solid waste, or who
pays another to do so, other than as permitted by
subsection (b), (c), (d), or (e) of this section is
guilty of a misdemeanor.
SECTION 6: That section 16-31 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Boo. 16-31. Transporting solid waste on oity stroots~
(a) collectors of solid waste originating outside
the city may haul such.solid waste over city streets.
(b) No person shall transport solid waste pursuant
to subsection (a) above or subsections (b), (c), or (d)
of section 16-30, or any other waste material, along the
streets of the city unless it is enclosed or otherwise
secured so as to prevent it from being blown, dropped,
spilled, or leaked. Violation of this section shall
constitute a misdemeanor.
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ORDINANCE NS-2199
187 Page 6
~ That section 16-32 of the Santa Aha Municipal
Code is hereby amended to read as follows:
Beo. 16-32. &4ministration an4 enforoement.
(a) The executive director of public works may make
rules and determinations pertaining to the storage,
collection, recycling, diversion, conveyance, and
disposal of solidwaste consistent with this article and
with any resolution or contract of the city council
pertaining to the same, including, but not limited to,
the following:
(1)
The collection day schedules for curbside
service and, when necessary to improve
sanitation or reduce noise, for residential
and/or commercial/industrial bin service.
(2)
Determinations as to whether waste material
falls within the definition of solid waste.
(3)
Determinations as to whether the conditions
for receipt of curbside service have been
satisfied.
(4)
Determinations as to whether processing of
solid waste is occurring in compliance with
the California Integrated Waste Management Act
and the City's Source Reduction and Recycling
Element.
(5)
Determinations as to whether agreements
between customers and the city's solid waste
collection contractor for special or
additional collection services or for bin or
roll-off service are reasonable and
consistent.
(6)
Regulations pertaining to periods of labor
strike or other circumstances affecting
collection services throughout the city.
(b) Any person aggrieved by a rule or d~termination
of the executive director of public works shall have the
right of appeal to the city manager, who shall have the
authority to confirm, modify, or revoke the same.
(c) The executive director of public works is
authorized to enforce any provision of this article the
violation of which is made an infraction or a
misdemeanor, or, he/she may declare any condition to
constitute a public nuisance. The county health officer
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ORDINANCE NS-2199 288
Page 7
iS likewise authorized to enforce any such provisions
insofar as they pertain to the protection of the public
health and sanitation,
SECTION 8: That section 16-33 ~f the Santa Aha Municipal
Code is hereby amended to read as follows:
Geo. 16-33. Curbs~de servLoe recyulations.
Unless otherwise provided by special agreement for
extra services between a =urbside service unit and the
city's solid waste collection contractor, subject to
reasonable fees for extra services, curbside service
units shall comply with the following regulations as a
condition to regular curbside service collection:
(a)
All solid waste 'shall be placed in containers
provided by the curbside service units which
are adequate to eliminate overflow or
contamination of surrounding areas, except as
otherwise provided herein. Containers shall
also conform to any standards established by
resolution of .the city council. Individual
containers must not weigh in excess of fifteen
(15) pounds empty or have a capacity exceeding
thirty-five (35) gallons. The total combined
weight of the container and its contents shall
not exceed fifty (50) pounds.
(b) The following are not acceptable as
containers:
(1) Oil or grease drums or similar heavy
metal containers.
(2) Paper grocery bags or bags which are torn
or which are. not securely closed.
(3) Broken or wet cardboard boxes.
(4)
Broken wooden boxes or crates or any
other container with sharp, rough or
jagged edges which may hamper or injure
the collector..
(c)
Except as prohibited by (b) above, cardboard
or wood cartons or bags made for solid waste
disposal purposes may be used as temporary
containers, provided that they shall be
considered as solid waste and will not be
returned. Any cardboard or wooden carton not
specifically, used as a temporary container
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· 189ORDINANCE NS-2199
Page 8
(d)
(e)
(f)
(g)
(h)
(i)
must be broken down, flattened, and disposed
of as in (d). below.
Cardboard, magazines, palm fronds, tree limbs,
brush, weeds, and similar dry materials must
be tied in bundles with a heavy cord or wire
strong enough to act as a handle, or be placed
in other $cceptable Containers. No such bundle
shall exceed four (4) feet in length, eighteen
(18) inches in thickness, or forty (40) pounds
in weight~
Large, bulky items, such as furniture and
household equipment, greater in dimension than
four (4) feet in length, eighteen (18) inches
in thickness and forty (40) pounds, unless
broken down and packaged to a size and weight
easily handled by one person, will not be
collected except when such items are being
collected by the city's solid waste collection
contractor as a bulky item collection.
Ail kitchen waste, ashes, hair clippings,
floor sweepings and similar light materials
must be well and securely wrapped to prevent
spillage. Hot ashes will not be collected.
Free liquids shall be drained from solid waste
prior to placement for collection.
The amount of solid waste placed for
collection by any business or professional
curbside service unit shall not exceed two
hundred (200) pounds per week, including the
weight of the containers.
The aforementioned size limitations shall not
apply to Christmas trees properly placed for
collection.
Solid waste shall be placed on the curb along
a public or private street, or along an alley
having street access at both ends; provided,
the city or its solid waste collection
contractor may condition collection from
private streets upon reasonable access and
upon the agreement of owners and occupants for
the use of the private streets, including a
reasonable fee for special services.
ORDINANCE NS-2199 ~90
Page 9
~ That section 16-34 of the
Code is hereby amended to read as follows:
Beo, 16-34. Infractions.
Santa Aha
Municipal
Any person violating any of the following provisions
of this section shall be deemed guilty of an infraction,
and upon conviction thereof, shall be punishable by a
fine of fifty dollars ($50.00), or, upon a second
conviction within one year of a prior conviction for the
same offense, by a fine of not less than one hundred
dollars ($100.00) nor more than one hundred fifty dollars
($150.00):
(a)
No person shall allow solid waste or empty
containers to remain along, at, or near any
public street, sidewalk, or parkway (excluding
alleys) or in public view, except:
(i)
Between the hours of 4:00 p.m. of the day
preceding the person's weekly collection
day and 12:00 midnight of such collection
day; or,
(ii) During any period in which regular
collection service is interrupted or
delayed.
(b)
Ail containers, bins obtained from the city's
solid waste collection contractor, enclosures
and surrounding areas, shall be maintained in
a reasonably sanitary condition, free from
obnoxious odors and from attachments of solid
waste likely to create breeding grounds for
insects or vermin, beyond that incidental to
solid waste deposited since the previous
collection; provided that persons receiving
bin service may order bin cleaning services,
subject to a reasonable fee, from the city's
solid waste collection contractor in lieu of
cleaning such bins themselves.
(c)
No person shall use any container having any
sharp protrusion or other defect liable to
cause injury to the person collecting the
solid waste therein.
(d)
No person shall use the container of another
person for disposal of solid waste without the
consent of such other person.
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Page 10
(e)
All Yar~dwas~e ~and ot~er organic waste which
is put °U~ fo~Ollectlon by curbside service
u~its must placed in plastic bags and not
c6mmingled with other solid wastes. Any
person who places or permits the placement of
yard and/or organic wastes in a container,
box, carton or receptacle other than a plastic
bag shall be guilty of an infraction.
(f) Ail newspaper disposed of by curbside service
units must be sorted and secured.
SECTION 10: That section 16-35 of the Santa Aha Municipal
Code is hereby amended to read as follows:
Boo. 16-35. Unlawful aooumulations.
(a) No person shall allow solid waste to accumulate
upon the premises under his or her control in an amount
which is detrimental to the public health or safety or
which results in unsightly or insanitary conditions.
Violation of this section shall constitute a misdemeanor.
(b) Any accumulation of solid waste upon any.
premises which is detrimental to the public health or
safety or which results in unsightly or insanitary
conditions constitutes a public nuisance abatable
pursuant to Chapter 17 of this Code or other applicable
law.
SECTION 11: That section 16-36 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sea. 16-36. Disposal of dangerous materials.
Any person violating any of the following provisions
shall be deemed guilty of a misdemeanor:
(a)
No person shall dispose of any wearing
apparel, bedding, or other material from any
place where highly infectious or contagious
diseases have prevailed except under the
supervision and direction of the health
officer or his representative.
(b)
No person shall dispose of any highly
inflammable or explosive materials except
under the supervision and direction of the
fire chief or his representative.
(c) No person shall dispose of any hazardous waste
except at an authorized hazardous waste
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ORDINANCE NS-2199 19~
Page 11
collection site or as directed by the health
officer, fire chief or solid waste collection
contractor; ~' ~ ~
~ That section 16-37 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Beg. 16-37.
Ssrvioe requirements for multifamiXy
residential buildings.
(a) It shall be mandatory that residential buildings
with three (3) or more dwelling units be served by bin
service. This requirement may be waived for residential
buildings with four (4) or more units existing on January
1, 1972, and for residential buildings with three (3)
units existing on February 23, 1983, upon a finding by
the executive director of public works that no space is
available for such bins within the boundary lines of
subject property. In no case, however, shall bin
locations be permitted in the front yard setback or
within areas required for meeting minimum off-street
parking requirements of applicable zoning regulations.
Any applicant who has been denied a waiver by the
executive director of public works may appeal such action
to the city council by filing within thirty (30) days
after such denial, a written statement of his or her
reasons why the city council should reverse the action
from which the appeal is taken.
(b) Multifamily residential buildings receiving bin
service pursuant to subsection (a) shall be required to
obtain such service in the amount of not less than
one-half (1/2) of one yard per dwelling unit per week.
(c) In the event that solid waste being disposed of
at a residential bin service building exceeds the bin
capacity for such building, the solid waste collection
contractor shall notify the executive director of public
works who shall cause an inspection to be made of the
premises. If the executive director of public works
determines that there is insufficient bin capacity at
said location, he or she shall cause written notification
to be given to the property owner. Said notification
shall contain the date of the reported overflow of solid
waste from the bins. The notice shall also inform the
property owner that should another incident of
overcapacity occur within thirty (30) days following the
date of the original incident, the property owner will be
required to increase the number of bins, or the frequency
of collections, up to the equivalent of two (2) cubic
yards per dwelling unit per week. In the event that this
should occur, the executive director of public works
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193 ORDINANCE NS-2199
Page 12
shall determine whether to increase the number of bins or
the frequency of collections and the solid waste
collection contractor shall furnish such additional
services and shall be ehti~ied to compensation from the
customers to the same extent as if the customer requested
such additional collections from the solid waste
collection contractor.
~ That the Santa Ana Municipal Code is hereby
amended by adding a section, to be number 16-37.5, which said
section reads as follows:
Seo.16-37.5. Service requirements for commercial/
industrial bin and roll-off container service.
In the event that solid waste being disposed of at
a commercial/industrial bin or roll-off container service
unit exceeds the bin or roll-off container capacity for
such building, the solid waste collection contractor
shall notify the executive director of public works who
shall cause an inspection to be made of the premises. If
the executive director of public works determines that
there is insufficient bin or roll-off container capacity
at said location, he or she shall cause written
notification to be given both to the business and the
property owner. Said notification shall contain the date
of the reported overflow of solid waste from the bin or
roll-off container. The notice shall also inform the
business and property owner that should another incident
of overcapacity occur within thirty (30) days following
the date of the original incident, the business and/or
property owner will be required to increase the number of
bins or roll-off containers, or the frequency of
collections. In the event that this should occur, the
executive director of public works shall determine
whether to increase the number of bins or roll-off
containers, the size of the bin or roll-off container, or
the frequency of collections and the solid waste
collection contractor shall furnish such additional
services and shall be entitled to compensation from such
customers to the same extent as if the customer requested
such additional collections from the solid waste
collection contractor.
~ That section 16-38 of the Santa Aha Municipal
Code is hereby amended to read as follows:
Sec. 16-38. Be~r~oe charges.
(a) Owners and occupants of any improved parcel of
real property in the city, as shown on the latest county
assessment ro11, except any parcel receiving bin or roll-
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off service exclusively, shall pay to the city a solid
waste collection service charge in such amounts, at such
times, and in such manhe~, as shall be established by
resolution of the city coun6il. Such service charge is
imposed to provide for the continuing availability of
curbside service, and 'shall be due and payable in
accordance with. the terms of said resolution regardless
of actual use thereof or of any interruptions or delays
in such service, except to the extent reductions or
refunds may be specifically authorized or directed bythe
executive director of public'works.
(b) For purposes of administrative convenience the
city council may establish billing units for payment of
the said service charge consisting of one or more
occupancies within one or more parcels.
(c) The said service Charge shall be a civil debt
owing to the city. In the event that owner and occupant
are not the same, owner and occupant shall be jointly and
severally liable for payment of such indebtedness. In
addition to all other civil remedies for collection of
such indebtedness, delinquent service charges shall be
subject to special assessment and lien against property
in the manner provided in Sections 38790.1 and 25831 of
the Government Code of the State of California.
(d) Charges for bin service, roll-off container
service or for collection services more frequent or more
extensive than that provided in this article for curbside
service shall be paid directly to the city's solid waste
collection contractor in accordance with such regulations
as shall be established by contract or resolution of the
city council.
SECTION 15: That the Santa Ana Municipal Code is hereby
amended by adding a section, to be number 16-39, which said section
reads as follows:
Sec. 16-39. Bin and Roll-Off Services.
Any person in the city who desires or is required to
receive bin and/or roll-off service is required to obtain
such services from the solid waste collection contractor
with which the city has an agreement. Such persons shall
be required to enter into an agreement with the solid
waste collection contractor for the requested bin and/or
roll-off container services. This provision shall not
apply to roll-off containers which are obtained for the
collection of construction and demolition solid waste
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Page 14
which has accumulated or been
construction site. Violation
constitutea'mis~emea~or.
generated at a temporary
of this provision shall
SECTION 16: If any section, subsection, sentence, clause,
phrase or portion of this'ordinance is for any reason held to be
invalid or unconstitutional by' the decision of any court of
competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this ordinance. The City Council of
the City of Santa Ana hereby declares that it would have adopted
this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
SECTION 17: Neither the adoption of this ordinance nor the
repeal hereby of any ordinance shall in any manner affect the
prosecution for violation of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as
affecting any of the provisions of such ordinance relating to the
collection of any such license or penalty or the penal provision
applicable to any violation thereof, nor to affect the validity of
any bond or cash deposit in lieu thereof, required to be posted,
filed or deposited pursuant to any ordinance and all rights and
obligations thereunder appertaining shall continue in full force
and effect.
ADOPTED this 7th day of June 1993.
ATTEST:
COUNCILMEMBERS:
Young ~ /
Young Aye
Pulido Aye
Lutz Aye
Mills Aye
Moreno Aye
Norton Aye
Richardson Aye
APPROVED AS TO FORM:
city Attorney
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196
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance
/~/~q -~.~! '~ ~ to be the original ordinance adopted by the City Council of the City
of Santa Ana on
with the Charter of the City of Santa Ana.
Date: ~, _ ~7 ~ ~
~ - 7 - Y-~ and that said ordinance was published in accordance
i