HomeMy Public PortalAbout91-959 ORDINANCE NO. 91-959
AN ORDINANCE OF THE CITY OF CARSON AMENDING
ORDINANCE NO. 91-956 ADOPTED OCTOBER 16, 1991
ENTITLED AN ORDINANCE OF THE CITY OF CARSON
RELATING TO THE COLLECTION OF SOLID WASTE AND
RECYCLABLE MATERIALS AND AMENDING THE CARSON
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF CARSON DOES ORDAIN AS
FOLLOWS:
Section 1. Ordinance No. 91-956 of the City of Carson,
adopted October 16, 1991, and the Carson Municipal Code, are
hereby amended by amending the following sections and subsections
of the Carson Municipal code, set forth in said Ordinance No. 91-
956, as follows:
A. Section 5201, subsections (q) and (x) are amended
to read:
" (q) Recyclable Materials. "Recyclable materials"
shall mean the following materials generated on or emanating from
residential or commercial/industrial premises and no longer
useful or wanted thereon: glass bottles and jars - any food or
beverage container (excluding ceramics and chemical containers) ;
Aluminum - cans, foil, pie tins and similar items (excluding dirt
or organic material) ; steel or bi-metal cans not to exceed one
(1) gallon size; PET - plastic soda bottles or other bottles with
the designated "PET" symbol; HDPE -- plastic milk and water
bottles with the designated "PET" symbol (excluding detergent or
bleach bottles and other plastic products) ; newspaper; cardboard
- separated and not having waxed surfaces; computer print out
(excluding carbon) ; and white ledger - white bond paper, office
paper, white envelopes (excluding coated paper) ; and such
additional materials as the City Council may designate from time
to time. "
" (x) Resource Recovery. "Resource recovery" shall
mean any use of refuse or solid waste collected pursuant to this
Chapter, except for land disposal or transfer for land disposal.
"Resource recovery" shall include, but is not limited to,
transformation, composting, and multi-material recycling. "
B. Section 5220 is amended to read:
115220. Franchise Requirement. No person shall collect
and/or dispose of solid waste in the City unless such person has
been awarded a solid waste Collector franchise and has entered
into a franchise agreement with the City, except as otherwise
specifically provided in this Chapter. No person shall collect
recyclable materials generated on or emanating from residential
premises in the City unless such person has been awarded a resi-
dential recycling franchise and has entered into a franchise
agreement with the City. Any such solid waste or residential
recycling franchise shall be in addition to any business license
or permit otherwise required by the Carson Municipal Code. No
permit issued by any other governmental agency authorizing
collection of solid waste or residential recycling materials
shall be valid in the City. Commercial/industrial Collectors
presently operating without a franchise in the City may continue
to operate only until the expiration of the notice provided to
them in compliance with Public Resources Code Section 49520 and
only if such Collectors are qualified under Public Resources Code
Sections 49520 and 49521 and have an existing solid waste
collector permit from the City. "
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Ordinance No. 91-959/Page 2 of 6
C. Section 5228 is amended to read:
115228. Rates. The City Council may, by resolution,
establish rates to be charged to residential owners and
commercial/industrial business owners by the franchised
Collector for the collection of solid waste and recyclable
materials. The City Council may, by resolution, establish rates
to be charged by other commercial/industrial Collectors who are
qualified and permitted to provide solid waste collection
services under Public Resources Code Sections 49520 and 49521.
No Collector shall charge any rate or fee which is greater than
the rate established by the City Council, unless otherwise
authorized in this Chapter. Every commercial/industrial business
owner and residential owner shall pay the rates established from
time to time by the City Council for collection services rendered
pursuant to this Chapter in the manner set forth in Section 5229.
The City Council shall establish rate categories as may be
appropriate for collection services provided by the
commercial/industrial Collectors. "
D. Section 5230 is amended to read:
115230. Vehicle Identification. No person may operate
any vehicle for the collection of solid waste, or collection of
recyclable materials from residential premises, other than a
Collector who has a valid solid waste collection franchise or
permit and business license and who has paid all required
license, franchise, permit or other City charges. Each vehicle
used by the Collector shall have an identification number
printed or painted in legible numbers not less than five (511)
inches in height in plain sight from four directions. "
E. The first paragraph of Section 5231 is amended to
read:
115231. Vehicle Standards. Any vehicle utilized by a
Collector (as defined in Section 5201 (c) for the collection,
transportation or disposal of solid waste and/or recyclable
materials shall comply with the following standards: "
F. Section 5240 is amended to read:
115240. Residential Householder Exclusion. No provi-
sion of this Chapter shall prevent residential householders from
collecting and disposing of occasional loads of solid waste
generated in or on their residential premises, or from
composting green waste, or from selling or disposing of
recyclables generated in or on their residential premises. No
residential householder shall employ or use any person other
than the franchised residential collector to haul or transport
such materials to a transfer station or landfill for a fee,
charge or other consideration. "
G. Section 5241 is amended to read:
115241. Gardener' s Exclusion. No provisions of this
Chapter shall prevent a gardener, tree trimmer or person engaged
in a similar trade from collecting and disposing of grass
cuttings, prunings, and other similar material not containing
garbage as an incidental portion of providing such gardening,
tree trimming or similar service. "
Section 2 . Said Ordinance No. 91-956 and the Carson
Municipal Code are hereby amended by adding Sections 5242, 5243,
and 5344 thereto to read, respectively, as follows:
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Ordinance No. 91-959/Page 3 of 6
115242. Commercial Industrial Exclusions.
(a) Source Separated Recyclables.
(i) No provision of this Chapter shall prevent a
Commercial/Industrial Business Owner from selling to a buyer, for
a monetary or other valuable consideration, any source separated
recyclables, including without limitation, any saleable scrap,
discard, reject, by-product, ferrous or non-ferrous metal, worn-
out or defective part, junk, pallet, packaging material, paper or
other similar item generated in, on or by a commercial/industrial
premises or business and no longer useful to such commercial/
industrial business but having market value, whether such buyer
is a recycler, junk dealer, or other enterprise engaged in the
business of buying and marketing such materials in the stream of
commerce, provided however, that such buyer is not engaged in the
business of collecting solid waste for a fee or other charge or
consideration and that no such materials are transported to a
landfill or transfer station (as defined in Public Resources Code
Section 40200) for disposition. Source separated recyclables
within the meaning of this section shall mean recyclables
separated on the commercial/industrial premises from solid waste
for the purpose of sale, not mixed with or containing more than
incidental or minimal solid waste, and having a market value.
(ii) No provision of this Chapter shall prevent a
recycler, junk dealer or other enterprise engaged in the business
of buying and marketing such materials in the stream of commerce
and who is not engaged in the business of collecting solid waste
or providing solid waste collection services for a fee or other
charge, or consideration, from buying any materials mentioned in
this subsection (a) for a monetary or other valuable considera-
tion and who buys such materials for marketing and not for
disposition in a landfill or transfer station (as defined in
Public Resources Code Section 40200) , nor shall any provision of
this Chapter prevent such recycler, junk dealer or enterprise who
buys such materials from removing and transporting such materials
to a destination for marketing in the stream of commerce. No
such buyer shall buy or transport such material without a
business license issued by the City of Carson, as required by the
Carson Municipal Code.
(b) Renovation, Rebuilding, Repairs.
No provision of this Chapter shall prevent a
Commercial/Industrial Business Owner from arranging for any worn,
spent, defective or other part or equipment used in such
Commercial/Industrial Business and requiring renovation,
rebuilding, recharging, regeneration or repair, to be picked up,
renovated, rebuilt, recharged, regenerated or otherwise restored
and repaired and returned to such Commercial Industrial Business
Owner, nor shall any provision of this Chapter prevent any person
engaged in the business of renovating, rebuilding, recharging,
regenerating, or otherwise restoring or repairing such part or
equipment from transporting the same from or returning it to the
Commercial/Industrial Business or from removing, transporting or
disposing of any such part or equipment replaced as a part of a
repair or equipment service contract.
5243 . Contractors' Exclusions. No provision of this
Chapter shall prevent a licensed contractor having a contract for
the demolition and/or reconstruction of a building, structure,
pavement, or concrete installation from marketing any saleable
items salvaged from such demolition or reconstruction, or from
having such salvageable items or demolition waste removed and
transported from the premises on which such waste is generated,
pursuant to the provisions of the demolition and/or construction
contract; provided, that such demolition waste is not transported
to a transfer station or landfill.
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Ordinance No. 91-959/Page 4 of 6
5244. Document Destruction Service. No provision of
this Chapter shall prevent a confidential or sensitive document
destruction service from transporting or disposing of documents
by shredding, lumping, incinerating, or other means, as a part of
such document destruction service. "
Section 3 . Said Ordinance No. 91-956 and the Carson
Municipal Code are hereby amended by amending the following
sections of the Carson Municipal Code to read as follows:
A. Section 5255 is amended to read:
"5255. Transfer of Loads on Public Streets. No person
shall transfer solid waste or recyclable materials from one
collection vehicle to another on any public street or road
unless such transfer is essential to the method of operation and
is approved by the City Administrator, or is necessary owing to
mechanical failure or accidental damage to a vehicle. "
B. Section 5270 is amended to read:
115270. Commercial/Industrial Exclusive Franchise. All
solid waste collected from commercial/industrial premises for a
fee, service charge, or other consideration shall be collected by
a solid waste collection enterprise with an exclusive franchise
granted by the City Council ("franchised Collector") , subject
only to certain limited continuation rights of certain qualified
Collectors under Public Resources Code Sections 49520 and 49521
as hereinafter provided. No person, firm, corporation or other
solid waste enterprise shall negotiate or contract for, undertake
to receive, collect or transport solid waste from within the City
for a fee, service charge, or other consideration, or receive
directly or indirectly any such fee, service charge, or other
consideration therefor, except only as hereinafter specifically
provided.
Except as otherwise provided in this Chapter, each
commercial/ industrial business owner shall utilize the services
of the franchised Collector for the collection of solid waste
from the commercial/industrial premises held or occupied by said
commercial/industrial business owner and shall pay for such
services the fees approved by the City Council . No commercial/
industrial business owner shall enter into an agreement for solid
waste collection services with any person, firm, or corporation
other than the franchised Collector, except as otherwise provided
in this Chapter. Nothing in this Chapter shall prevent a
commercial/industrial business which has its own recycling or
resource recovery program for recyclable materials generated by
such business and not utilizing a commercial or industrial solid
waste enterprise (as defined in Public Resources Code Section
40193) which provides collection services for a fee, service
charge, or other consideration, from continuing such recycling or
resource recovery program and the recyclable materials included
in such program are excepted from the exclusive franchise between
the City and the franchised Collector.
Notwithstanding the foregoing, certain solid waste
enterprises that have been authorized by license or permit to
provide solid waste hauling services for commercial/industrial
premises in the City and have provided such services for more
than three previous years and meet the requirements of Public
Resources Code Sections 49520 and 49521, may continue to provide
these services until March 1, 1996. Such solid waste enterprises
are hereinafter referred to as "excepted Collectors. " The
exclusive franchise of the franchised Collector shall not
preclude a commercial/industrial business served by such an
excepted Collector from continuing to use the solid waste collec-
tion services of such excepted Collector until March 1, 1996, or
until the business of such excepted Collector terminates prior to
such date. Notwithstanding the foregoing, if collection service
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Ordinance No. 91-959/Page 5 of 6
provided by an excepted Collector to a commercial/industrial
business owner is terminated for any reason, said business owner
shall not use the services of any Collector other than the
franchised Collector. "
C. Section 5275 is amended to read:
105275. Commercial/Industrial-Care of Containers. Upon
collection of solid waste by the Collector, all containers shall
be replaced, upright, where found, with the lids closed. No
person other than the owner thereof shall in any way, break,
damage, roughly handle or destroy containers owned by said
commercial/industrial business owner. "
D. Section 5276 is amended to read:
115276. Commercial/Industrial-Special Circumstances.
If particular commercial/industrial business premises require
collections at times, frequencies or in a manner such that the
franchised Collector is unable to perform said collection in the
normal course of business, or where unusual quantities of solid
waste or special types of material are to be collected and
disposed of, or where special methods of handling are required,
or where the quantity of solid waste requires the use of multiple
(more than three) containers, the Collector and the commercial/
industrial business owner may make arrangements for such
collection and rates on mutually agreeable terms. In the event
that the business owner and the franchised Collector do not agree
as to the methods and rates for the service provided for in this
section, the City Administrator shall determine the rates and
method of service. If the franchised Collector is unable or
unwilling to provide such service, the City Administrator may
authorize the business owner to use another contractor for such
special service until the franchised Collector can provide such
service in its normal course of business. "
E. The first paragraph of Section 63152 is amended to
read:
1163152. Trash, Solid Waste, Recyclable Materials
Collection. No person shall operate a vehicle within the City of
Carson for collecting, transporting, conveying, hauling and/or
disposing of any rubbish, garbage, or other solid waste for a
fee, service charge, or other consideration or a gratuity, from
the property where such materials originate to any other location
for transfer, salvage, disposal or recycling without a permit
therefor from the City. Such permit shall state on its face:
"Solid Waste Collector Permit, Subject to Article V, Chapter 2 of
the Carson Municipal Code. "
PASSED, APPROVED and ADOPTED this 3rd day of
December , 1991.
L,4�j
MAYO
ATTEST:
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CITY CLERK
APPROVED AS TO FORM:
4k—a'44�-
CITY ATTORNEY
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Ordinance No. 91-959/Page 6 of 6
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify
that the whole number of members of the City Council of said City is five; that the foregoing
ordinance, being Ordinance No. 91-959 passed first reading on November 19 , 1991, was
duly and regularly adopted by the City Council of said City at a regular meeting of said Council,
duly and regularly held on the 3rd day of December, 1991, and that the same was passed
and adopted by the following roll call vote:
AYES: COUNCIL MEMBERS: Calas, McDonald, and Mitoma
NOES: COUNCIL MEMBERS: Muise
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: DeWitt
City Clerk, City of Carso , California