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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. " 911125 pf 0041277 2 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: 911125 pf 0041277 2 - 2 - 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. 911125 pf 0041277 2 - 3 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 911125 pf 00412n 2 - 4 - 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: i i CITY CLERK APPROVED AS TO FORM: 4k—a'44�- CITY ATTORNEY 911125 pf 0041277 2 - 5 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