HomeMy WebLinkAboutORD 1530 (2022)______________________
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;
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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 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
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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.
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.
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(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 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
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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.
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.
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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:
ERICA N. YASUDA,
City Clerk
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APPROVED AS TO FORM:
DAVID E. KENDIG,
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, 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: Lumbard, Clark, Gallagher, Gomez (4)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: Cooper (1)
ERICA N. YASUDA,
City Clerk
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