HomeMy WebLinkAbout07 TUSTIN CITY CODE UPDATE - SOLID WASTE CHAPTER7
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ATTACHMENT 1
Ordinance No. 1530
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ORDINANCE NO. 1530
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN
AMENDING ARTICLE 4, CHAPTER 3 OF THE TUSTIN CITY CODE
PERTAINING TO MUNICIPAL SOLID WASTE AND DIVERTABLE MATERIALS
The City Council of the City of Tustin does hereby ordain as follows:
SECTION 1. The City Council finds and determines as follows:
A. The California Department of Recycling, Resources and Recovery (CalRecycle) is the
State agency tasked with oversight of local jurisdictions management of Municipal Solid
Waste and Divertable Materials
B. Assembly Bill 939 ("AB 939") requires the City of Tustin (" City") to divert a minimum of
fifty percent (50%) of the municipal solid waste generated from landfill disposal;
C. AB 939 was amended by Assembly Bill 341 (" AB 341 ") in 2011 to establish a statewide
goal of diverting seventy five percent (75%) of all municipal solid waste from landfill by
2020 and to require all local government jurisdictions to provide a commercial recycling
program to businesses and to multifamily developments of five (5) units or larger by July
1, 2012;
D. AB 341 also required all businesses generating more than four (4) cubic yards per week
of commercial municipal solid waste and all multi -family dwellings of five (5) units or
more, to arrange for recycling services by July 1, 2012;
E. AB 939 was further amended by Assembly Bill 1826 (" AB 1826") in 2014 to require the
City to provide a diversion program for collection and diversion of food scraps (including
food -soiled paper mixed in with food scraps), green waste and non -hazardous wood,
on or before January 1, 2016;
F. AB 1826 also required businesses generating certain quantities of food scraps, green
waste and wood to participate in a diversion program according to a specified schedule
beginning with participation by the largest generators of these materials on or before
April 1, 2016; and participation by additional generators of these materials by January 1,
2017, and by January 1, 2019, depending upon the quantity of food scraps, green waste
and wood generated;
G. AB 939 was amended by Assembly Bill 1594 in 2014 to phase out the use of green
waste as alternative daily cover at landfills and no longer allow the City to receive
diversion credit for such use on or after January 1, 2020;
H. Senate Bill 1383 (“SB 1383”), the Short-Lived Climate Pollutant Reduction Act of 2016,
required CalRecycle to develop regulations to reduce organics in landfills as a source of
methane. The regulations place requirements on multiple entities including Jurisdictions,
residential households, Commercial Businesses and business owners, Commercial
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Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food
Recovery Services to support achievement of Statewide Organic Waste disposal
reduction targets.
I. SB 1383 also requires that the City adopt and enforce an ordinance or enforceable
mechanism to implement relevant provisions of SB 1383 Regulations.
J. Adoption of a program for the diversion of municipal solid waste is essential for the City
to comply with Public Resources Code Section 40000 et. seq. and failure to comply can
result in fines, penalties and compliance orders assessed against local agencies.
K. The City Council adopted Ordinance No. 1519 on December 7, 2021 adding enforceable
mechanisms to implement provisions of SB 1383 Regulations.
L. Further amendments to the Tustin City Code are required for the continued
implementation of SB 1383 Regulations.
SECTION 2. Section 4362 of the Tustin City Code is hereby amended in its entirety to
read as follows:
4362 WAIVERS FOR GENERATORS
Pursuant to 14 CCR Section 18984.11, the SB 1383 Regulations allow the City to grant
waivers to generators for physical space limitations and/or de minimis volumes.
a. For the purpose of this section, food scraps, food soiled paper, yard trimmings, and
wood waste are referred to as organic materials.
b. Recyclable materials container waivers cannot be granted to commercial business
generators (including multifamily residential dwellings) that are subject to the
Mandatory Commercial Recycling law (AB 341).
c. De minimis waivers. City may waive a commercial business's obligation (including
multifamily residential dwellings) to comply with some or all of the requirements to divert
recyclable materials and organic materials if the commercial business provides
documentation or the City has evidence demonstrating that the business generates low
volumes of materials as described in Section 4362c. Commercial Businesses shall be
granted a de minimis waiver if the City has been provided with documentation or has
sufficient evidence of the following:
1. Organics container waiver: The commercial business's total municipal solid
waste and divertable materials collection service (combined) is two (2) cubic
yards or more per week and the commercial business generates less than
twenty (20) gallons per week of the following materials combined:
(i) Food scraps.
(ii) Food soiled paper.
(iii) Yard trimmings.
(iv) Wood.
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2. Organics container waiver: The commercial business' total municipal solid
waste and divertable materials collection service (combined) is less than two
(2) cubic yards per week and the commercial business generates less than
ten (10) gallons per week of the following materials combined:
(i) Food scraps.
(ii) Food soiled paper.
(iii) Yard trimmings.
(iv) Wood.
3. Recyclable materials container waiver: The commercial business's total
municipal solid waste collection service is two (2) cubic yards or more per
week and the commercial business generates less than twenty (20) gallons
per week of the following materials combined:
(i) Paper.
(ii) Cardboard.
(iii) Plastic.
(iv) Metal.
(v) Glass.
4. Recyclable materials container waiver: The commercial business' total
municipal solid waste collection service is less than two (2) cubic yards per
week and the commercial business generates less than ten (10) gallons
per week of the following materials combined:
(i) Paper.
(ii) Cardboard.
(iii) Plastic.
(iv) Metal.
(v) Glass.
d. Notice of changed circumstance. Commercial business is required to notify City if
circumstances change such that commercial business generates materials listed in
Sections 4362c in amounts that exceed the threshold required for the waiver, in which
case the waiver will be rescinded.
e. Rescission of waiver. If the City obtains evidence that circumstances change such that
the commercial business generates materials listed in Sections 4362c in amounts that
exceed the threshold required for the waiver, the City shall rescind the waiver.
f. Verification of eligibility. City will verify eligibility for the de minimis waiver every five (5)
years.
g. Physical space waivers. City may waive a commercial business's or property owner's
obligations (including multifamily residential dwellings) to comply with some or all of the
recyclable materials and/or organic materials collection service requirements if
commercial business or property owner provides documentation, or the City has
evidence from its own staff, contracted hauler, licensed architect, or licensed engineer
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demonstrating that the premises lacks adequate space for the collection containers
required for compliance with the recyclable materials and/or organic materials collection
requirements of Section 4361.
City will verify that the commercial business or property owner is still eligible for a
physical space waiver every five (5) years.
h. Review and approval of waivers by City. The Director of Public Works or his/her
designee shall be responsible for approval of waivers.
SECTION 3. Section 4368 of the Tustin City Code is hereby amended in its entirety to
read as follows:
4368 ENFORCEMENT OF PART 6 OF THIS CHAPTER
a. Violation of any provision of this Part 6 of this Chapter shall constitute grounds for issuance
of an administrative citation and assessment of a fine as set in Section 1162 of the Tustin
City Code.
b. Other remedies allowed by law may be used, including civil action or prosecution as
misdemeanor or infraction. City may pursue civil actions in the California courts to seek
recovery of unpaid administrative citations. City may choose to delay court action until such
time as a sufficiently large number of violations, or cumulative size of violations exist such
that court action is a reasonable use of City staff and resources.
c. Process for enforcement.
1. Enforcement Officials and/or their designee will monitor compliance with this Part
randomly and through compliance reviews, route reviews, investigation of
complaints, and an inspection program. Section 4367 establishes the City's right to
conduct inspections and investigations.
2. City may issue an official notification to notify regulated entities of their obligations
under this Part.
3. City shall issue a Notice of Violation requiring compliance within fifteen (15) days of
issuance of the notice.
4. Absent compliance by the respondent within the deadline set forth in the Notice of
Violation, the City shall commence an action to impose penalties, via an
administrative citation and fine, pursuant to Section 1162 of the Tustin City Code.
Notice shall be sent to the party responsible for the violation. This includes, but is
not limited to, the Contracted Hauler identified customer of record, property owner,
property management company, and/or homeowners association.
d. Penalty amounts for violations. Beginning January 1, 2023, penalties for violations of
Article 4, Chapter 3, Part 6 of the Tustin City Code will be assessed in accordance with
Section 1162 of the Tustin City Code.
e. Appeals process. Persons receiving an administrative citation containing a penalty for an
uncorrected violation may request a hearing to appeal the citation. Appeals will be
conducted in accordance with Section 1166 of the Tustin City Code.
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SECTION 4. CEQA. The action proposed herein is not a project subject to the California
Environmental Quality Act ("CEQA") in accordance with Sections 15060 (c)(2), 15060 (c)(3),
15061(b)(3) and 15308 of the California Code of Regulations Title 14, Division 6, Chapter 3 CEQA
Guidelines"). The proposed action is not a project under CEQA, will not result in a direct or
reasonably foreseeable indirect change to the environment and does not have the potential for
causing a significant effect on the environment. Additionally, the proposed ordinance is
categorically exempt in accordance with Section 15308 which exempts actions taken by
regulatory agencies, as authorized by state or local ordinance, to assure the maintenance,
restoration, enhancement, or protection of the environment where the regulatory process involves
procedures for protection of the environment. The City' s enactment of the proposed ordinance in
accordance with the state mandates on the diversion will protect the environment with the
reduction in greenhouse gas emissions.
SECTION 5. This Ordinance shall take effect the 31st day following the adoption of this
Ordinance by the City Council. Upon the effective date of this Ordinance, the provisions hereof
shall supersede any inconsistent or conflicting provision of the Tustin City Code.
SECTION 6. If any section, subsection, subdivision, 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 hereby declares that it would have adopted this Ordinance
and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause,
phrase, or portion thereof be declared invalid or unconstitutional.
SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be posted at the duly designated posting places within the City and published once within
fifteen days after passage and adoption as may be required by law; or, in the alternative, the City
Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of
this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption
of this Ordinance; and, within fifteen days after adoption, the City Clerk shall cause to be
published, the aforementioned summary and shall post a certified copy of this Ordinance, together
with the vote for and against the same, in the Office of the City Clerk.
PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this
15th day of November, 2022.
AUSTIN LUMBARD
Mayor
ATTEST:
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ERICA N. YASUDA
City Clerk
APPROVED AS TO FORM:
DAVID E. KENDIG
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1530
Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council of the
City of Tustin is five; that the above and foregoing Ordinance No. 1530 was duly and regularly
introduced and read by title only at the regular meeting of the City Council held on the 1st day of
November, 2022, and was given its second reading, passed and adopted at a regular meeting
of the City Council held on the 15th day of November, 2022, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. YASUDA
City Clerk
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ATTACHMENT 2
Redlined Edits
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(Rev. 23-2022, Update 1)
Page 1 of 4
4362 WAIVERS FOR GENERATORS
Pursuant to 14 CCR Section 18984.11, the SB 1383 Regulations allow the City to grant
waivers to generators for physical space limitations and/or de minimis volumes.
a. a. For the purpose of this section, food scraps, food soiled paper, yard trimmings,
and wood waste are referred to as organic materials.
b. Recyclable materials container waivers cannot be granted to commercial business
generators (including multifamily residential dwellings) that are subject to the
Mandatory Commercial Recycling law (AB 341).
cb. De minimis waivers. City may waive a commercial business's obligation (including
multifamily residential dwellings) to comply with some or all of the requirements to
divert recyclable materials and organic materials if the commercial business provides
documentation or the City has evidence demonstrating that the business generates
low volumes of materials below a certain amount of organic material as described in
Section 4362cb2. Commercial Businesses shall be grantedrequesting a de minimis
waiver if the City has been provided with documentation or has sufficient evidence of
the followingshall:
1. Submit an application specifying the services that they are requesting a waiver
from and provide documentation as noted in Section 4362b2 below.
2. Provide documentation that either:
(a) 1. Organics container waiver: The commercial business's total municipal
solid waste and divertable materials collection service (combined) is two (2)
cubic yards or more per week and the commercial business generates less
than twenty (20) gallons per week of the following materials combined:
(i) Food scraps.
(ii) Food soiled paper.
(iii) Yard trimmings.
(iv) Wood.
(b) 2. Organics container waiver: The commercial business' total municipal
solid waste and divertable materials collection service (combined) is less
than two (2) cubic yards per week and the commercial business generates
less than ten (10) gallons per week of the following materials combined:
(i) Food scraps.
(ii) Food soiled paper.
(iii) Yard trimmings.
(iv) Wood.
Formatted: Numbered + Level: 1 + Numbering Style:a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.33" + Indent at: 0.65"
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(Rev. 23-2022, Update 1)
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3. Recyclable materials container waiver: The commercial business's total
municipal solid waste collection service is two (2) cubic yards or more per
week and the commercial business generates less than twenty (20) gallons
per week of the following materials combined:
(i) Paper.
(ii) Cardboard.
(iii) Plastic.
(iv) Metal.
(v) Glass.
4. Recyclable materials container waiver: The commercial business' total
municipal solid waste collection service is less than two (2) cubic yards per
week and the commercial business generates less than ten (10) gallons per
week of the following materials combined:
(i) Paper.
(ii) Cardboard.
(iii) Plastic.
(iv) Metal.
(v) Glass.
d.3. Notice of changed circumstance. Commercial business is required to Nnotify City
if circumstances change such that commercial business generates materials
listed in Sections 4362cb2A and 4362b2B in amounts that exceed the threshold
required for the waiver, in which case the waiver will be rescinded.
e. Rescission of waiver. If the City obtains evidence that circumstances change such
that the commercial business generates materials listed in Sections 4362c in
amounts that exceed the threshold required for the waiver, the City shall rescind
the waiver.
f4. Verification of eligibility. Provide written verification ofCity will verify eligibility
for the de minimis waiver every five (5) years.
gc. Physical space waivers. City may waive a commercial business's or property owner's
obligations (including multifamily residential dwellings) to comply with some or all of
the recyclable materials and/or organic materials collection service requirements if
the commercial business or property owner provides documentation, or the City has
evidence from its own staff, contracted hauler, licensed architect, or licensed
engineer demonstrating that the premises lacks adequate space for the collection
DocuSign Envelope ID: 68787033-307A-4C56-BCCA-A9371004E5B9
Created: 2022-07-12 09:16:56 [EST]
(Rev. 23-2022, Update 1)
Page 3 of 4
containers required for compliance with the recyclable materials and/or organic
materials collection requirements of Section 4361.
A commercial business or property owner may request a physical space waiver
through the following process:
1. Submit an application form specifying the type(s) of collection services for which
they are requesting a compliance waiver.
2. Provide documentation that the premises lacks adequate space for recyclable
materials container(s) and/or organic materials container(s) including
documentation from City, contracted hauler, licensed architect, or licensed
engineer.
3. Provide written verification to City will verify that the commercial business or
property owner is still eligible for a physical space waiver every five (5) years.
hd. Review and approval of waivers by City. The Director of Public Works or his/her
designee shall be responsible for approval of waivers.
4368 ENFORCEMENT OF PART 6 OF THIS CHAPTER
a. Violation of any provision of this Part 6 of this Chapter shall constitute grounds for
issuance of an administrative citation and assessment of a fine as set in Section 1162 of the
Tustin City Code.
b. Other remedies allowed by law may be used, including civil action or prosecution as
misdemeanor or infraction. City may pursue civil actions in the California courts to seek
recovery of unpaid administrative citations. City may choose to delay court action until
such time as a sufficiently large number of violations, or cumulative size of violations exist
such that court action is a reasonable use of City staff and resources.
c. Process for enforcement.
1. Enforcement Officials and/or their designee will monitor compliance with this Part
randomly and through compliance reviews, route reviews, investigation of
complaints, and an inspection program. Section 4367 establishes the City's right to
conduct inspections and investigations.
2. City may issue an official notification to notify regulated entities of their obligations
under this Part.
3. City shall issue a Notice of Violation requiring compliance within fifteenthirty (3015)
days of issuance of the notice.
4. Absent compliance by the respondent within the deadline set forth in the Notice of
Violation, the City shall commence an action to impose penalties, via an
administrative citation and fine, pursuant to Section 1162 of the Tustin City Code.
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Created: 2022-07-12 09:16:56 [EST]
(Rev. 23-2022, Update 1)
Page 4 of 4
Notice shall be sent to the party responsible for the violation. This includes, but is not
limited to, the Contracted Hauler identified customer of record, property owner,
property management company, and/or homeowners association.
d. Penalty amounts for violations. Beginning January 1, 20234, penalties for violations of
Article 4, Chapter 3, Part 6 of the Tustin City Code will be assessed in accordance with
Section 1162 of the Tustin City Code.
e. Appeals process. Persons receiving an administrative citation containing a penalty for an
uncorrected violation may request a hearing to appeal the citation. Appeals will be
conducted in accordance with Section 1166 of the Tustin City Code.
f. Education period for noncompliance. Beginning January 1, 2022, and through December
31, 2023, City will conduct inspections, waste evaluations, and compliance reviews,
depending upon the type of regulated entity, to determine compliance. If City determines
that a self-hauler, contracted hauler, tier One commercial edible food generator, food
recovery organization, food recovery service, or other entity is not in compliance, it shall
provide educational materials to the entity describing its obligations under this Part and a
notice that compliance is required by January 1, 2022, and that violations will be subject to
administrative civil penalties starting on January 1, 2024.
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