HomeMy WebLinkAboutNS-2354 - Amending Section 16-30(F) of the Santa Ana Municipal Code Pertaining to the City's Solid Waste Collection Exclusivity Provisions..... 139
ORDINANCE NO. NS- 2 3 5 4
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTION 16-30(F) OF THE SANTA ANA
MUNICIPAL CODE PERTAINING TO THE CITY'S
SOLID WASTE COLLECTION EXCLUSIVITY
PROVISIONS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
SECTION 1: That section 16-300') of the Santa Ana 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, 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 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
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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 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) Any person with whom the city has an agreement for the collection, transportation
and disposal of construction and demolition solid waste which has accumulated and/or been
generated at a temporary construction site may haul such waste during the term of such
agreement.
(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) is guilty of a misdemeanor.
SECTION 2: 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.
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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.
SECTION3: Neither the adoptionofthis ordinance nor the repeaI 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 15th day of
ATTEST:
June
,1998.
d~M~Uel A. Pulldo
or
COUNCILMEMBERS:
Pulido /Lye
Richardson A_.ye
Espinoza Not__ Votinq
Franklin Aye
hutz ~_..ve
McGuigan A__ye
Moreno I~t Voting
APPROVED AS TO FORM:
:~,qJoseph W. Fletcher City Attorney
3
ORDINANCE NO. NS-2354
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance No.
A~ ~, ~ ~ to be the original ordinance adopted by the City Council of the City of Santa
Ana on F- / t ~ ~ ~ ; and that said ordinance was published in accordance with the Charter
of the City o~' Santa
Date:
Clerk of the ~;oun~il (~
City of Santa Ana