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HomeMy WebLinkAboutNS-2280 - Modify the Regulations Pertaining to the Collection of Solid Waste at Construction Sites213 RE[.: 9/6/95 ORDINANCE NO. NS-2280 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 16-30 AND 16-39 OF THE SANTA ANA MUNICIPAL CODE TO MODIFY THE REGULATIONS PERTAINING TO THE COLLEC- TION OF SOLID WASTE AT CONSTRUCTION SITES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That section 16-30 of the Santa Ana Municipal Code is hereby amended to read as follows: Bec. 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) or in a bin(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 ORDINANCE NS-2280 Page 2 215 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 organic solid wastes which it generates as an incidental portion of providing its licensed services. Any yard waste or other organic solid 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 collect, 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) Collectors of solid waste operating under a five year notice pursuant to section 49520 of the Public Resources Code of the State of California may not provide bin service within the territorial jurisdiction of the city unless expressly allowed by agreement with the city. (g) 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. (h) 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), (e) or (f) of this section is guilty of a misdemeanor. SECTION 2: That section 16-39 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. L6-39. 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 or bins which are obtained 2 ORDINANCE NS-2280 21 7 Page 3 for the collection of construction and demolition solid waste which has accumulated or been generated at a temporary construction site. Violation of this provision shall constitute a misdemeanor. SECTION 3: 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 4: 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 5th ATTEST: le ice c. Guy /. ~ rk of the Council% ~ day of February , 199~. r COUNCILMEMBERS: Pulido Richardson Ave Espinoza Ave Lutz Ave McGuigan Ave Mills Ave Moreno Ave APPROVED AS TO FORM: City Attorney 218 CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance /0-~ -o2olzo°0 to be the original ordinance adopted by the City Council of the City of Santa Ana on o0~5~ ; and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: ~// Clerk of the Cou~il ~ City of Santa Aha