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HomeMy WebLinkAboutORD 1325 (2007) ORDINANCE NO. 1325 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AMENDING CHAPTER 3 OF ARTICLE 4 OF THE TUSTIN CITY CODE PERTAINING TO SOLID WASTE REGULATIONS. The City Council of the City of Tustin does ordain as follows: SECTION 1. AMENDMENT OF CODE. Chapter 3 of Article 4 of the .Tustin City Code is hereby amended in its entirety to read as follows: CHAPTER 3 - SOLID WASTE MANAGEMENT PART 1 - GENERAL PROVISIONS Sec. 4310. Declaration of Purpose and Severability. a. The purpose of this Chapter is to regulate solid waste handling in order to protect the public health, safety and welfare and to meet the City's obligations under the California Integrated Waste Management Act of 1989 (Public Resources Code Sections 40,000 et seq.) (Hereinafter "AB 939"). b. Pursuant to the California Constitution, the City is authorized to enact ordinances to protect the public health, safety, and welfare. Pursuant to Public Resources Code Section 40059, aspects of solid waste handling of local concern include, but are not limited to, the frequency of collection, means of collection and transportation, level of service, charges and fees, and whether solid waste services are to be provided by means of non-exclusive, partially exclusive, or wholly exclusive franchise, contract, license or permit, and the terms and condjtions of such franchise, license or permit. c. If any Section, sentence, clause, or phrase of this Chapter is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions. The City Council of the City of Tustin declares that it would have passed this chapter and each section, subsection, clause, and phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional, and would have passed and adopted the same even though any parts, sections, subsections, sentences, clauses or phrases that may be held invalid had been omitted therefrom. Sec. 4311. Definitions. For the purposes of this Chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows: Ordinance No. 1325 Page 1 of 22 "AB 939" or "Act" means the California Integrated Waste Management Act of 1989, codified in part at Public Resources Code Section 40000 et seq., as it may be amended from time to time and as implemented by the regulations of the California Integrated Waste Management Board, or its successor. "Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision,. government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the City for the applicable permits to undertake any construction, remodeling or demolition project within the City. "C&D" means "Construction and Demolition." "City" shall mean the City of Tustin. "Construction and Demolition Debris" or "C&D debris" shall mean used or discarded materials removed from premises during construction, renovation, remodeling, repair, or demolition operations on any pavement, residential building, commercial or industrial building, .or other structure and shall include, but is not I~mited to concrete, asphalt paving, asphalt roofing, lumber, gypsum board, rock, soil aF:ld metal. "Construction, remodeling or demolition project" means the erection or demolition of or the making of changes to any building, structure or landscaping which '~generates C&D debris. . "Contractor" means any. person or entity holding, or required to hold, a contractor's license of any type under the laws of the State of California, or who performs (whether as contractor, subcontractor or owner-builder) any construction, demolition, remodeling, or landscaping service relating to buildings or accessory structures in the City of Tustin. "Covered project" has the meaning set forth in Section 4351 (a)(1). "Diversion requirement" means the amount of waste collected by the franchisee and the amount of C&D debris for each project that must be diverted from landfills. "Divert" means to use material for any purpose other than disposal in a landfill ot transformation facility. "Franchise" means the right or privilege conferred by the City on one or more private entities for the collection, transportation or other handling of solid waste. "Franchisee" means a solid' waste enterprise having a solid waste franchise agreement with the City. "Green Waste" means vegetative cuttings, shrubs, stumps, brush, tree trimmings, grasses, and related materials that have been separated from oth~r solid waste. Green Waste does not include stumps or branches with a diameter exceeding eighteen inches (18") or a length exceeding four feet (4'). 2 "Hazardous waste" means any substance, waste or mixture of wastes defined as "hazardous substance". or "hazardous waste" pursuant to the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. Section 9601 et seq., the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. Section 9601 et seq., and all future amendments to either of them, or as defined by the California Integrated Waste Management Board, and all substances defined as Hazardous Waste, acutely Hazardous Waste, or extremely Hazardous Waste by the State of California in Health and Safety Code 925110.02, 925115, and 925'117 or in the future amendments to or recodifications of such statutes or id.entified and listed as Hazardous Waste by the US Environmental Protection Agency (EPA). Where there is a conflict in the definitions employed. by two or more agencies having jurisdiction over hazardous or solid waste, the term "hazardous waste" shall be construed to have the broader, more encompassing definition. "Person" shall mean any solid waste enterprise, individual, partnership, joint venture, firm, corporation, nonprofit corporation, association, organization, unincorporated private or public organization, or any other combination or entity. "Premises" means any building., dwelling, or site in any zone within the City from which any activity is conducted, including, without limitation, residential, serVice, nonprofit, governmental, institutional, educational, industrial, commercial or agricultural uses. "Project" means any activity that requires an application for a building or .demolition permit or any similar permit from the City. "Public Works Director" shall mean the Public Works Director or his/her designee. "Recyclable solid waste" shall mean all solid waste which can be recycled and which is separated from other solid waste for the purpose of being recycled such as, but not limited to, alumi.num, cardboard, glass, grass, and yard cuttings, metal, newspaper, paper, and plastic. "Recycle'" or "recycling" shall mean the process of collecting, transferring, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace. "Remodel" means any.change, addition, or modification to an existing structure. "Reuse" means further or repeated use of C&D debris or other types of solid waste. "Roll-off box" means a container used for solid waste collection, usually 10 to 50 cubic yards in size, which is removed from the premises and transported to a recycling or disposal site for solid waste removal. Roll-off boxes are typically used for C&D debris, other temporary solid waste collection needs, and for large solid waste generators. "Salvage" means the controlled removal of C&D debris from a permitted building or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse. 3 "Scavenging" means the unauthorized removal of solid waste from containers or bins of City franchisees. Scavenging is prohibited by this Chapter. "Solid Waste Container" shall mean any bin, roll-off box, cart, receptacle, or other container used to hold solid waste for collection and disposal or processing. "Solid waste" means all discarded putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, green waste, recyclable materials, bulky goods, discarded home and industrial appliances, C&D .debris, manure, vegetabl~ or animal solid and semisolid wastes, a~d other discarded solid and semisolid wastes. "Solid waste" does not include: (a) Hazardous waste or low-level radioactive waste regulated under Chapter 7 .6 (commencing with Section 25800) of Division 20 of the Health and Safety Code; (b) Medical waste which is regulated pursuant to the Medical Waste Management Act (Chapter 6.1 (commencing with Section 25015) of Division 20 of the Health and Safety Code); or (c) abandoned vehicles or parts thereof. "Solid waste handling services" shall mean . the transportation,. storage, transfer, processing, disposal or collection (whether from the curbside, bins, roll-off box or any other type of solid waste container or location) of solid waste for residential, commercial, . institutional, industrial or any other originators, users or customers. "Waste reduction and recycling plan" or "WRRP" means a completed form submitted by an applicant for any covered project approved by the City for the purpose of compliance with Part 5 of this Chapter. The first portion of the form is submitted when applying for a permit, and the second portion when the project is completed. "WRRP" means "Waste Reduction and Recycling Plan." Sec. 4312. Solid Waste Responsibilities for Generator. a. Collection Arranaements Required: Unauthorized Accumulation Prohibited and Declared a Public Nuisance. 1. In order to protect the public health, safety, and welfare and to prevent the spread of vectors, the owner, occupant, or other person responsible for any premises in the City shall arrange with a Franchisee for the collection of solid waste, as set forth in this Chapter. 2. It is unlawful for the person having control or possession of any premises in the City to fail or neglect to provide for the removal of solid waste. Each day's violation of this Section shall be treated and considered as a separate and distinct offense. 4 3. Any unauthorized accumulation of solid waste on' any property or premises is hereby declared a public nuisance and is hereby prohibited. b. Freauencv of Solid Waste Collection. 1. Solid waste created, produced or accumulated in or about premises in the City shall be removed from premises at a minimum of: (a) Every four days for putrescible waste (b) Once each week for non-putrescible waste 2. The following materials may be collected less frequently unless the City deems otherwise: (a) Temporary solid waste containers on construction or demolition sites containing no food waste, food wrappers, yard waste, or any form of organic waste (b) Recyclables containers containing no food waste, food wrappers, yard waste, or any. form of organic waste 3. If conditions warrant, the County Health Officer or the City may require a gre~ter frequency of removal.. c. Recvclable Solid Waste Collection. 1. Ownership of recvclable solid waste. Upon placement of recyclable solid waste at a designated recycling collection location, such recyclable solid waste shall become the property of the Franchisee engaged to collect such material. 2. Collection bv persons other than an authorized Franchisee Prohibited. It is unlawful for any person, except for the permitted Franchisee engaged to provide such service, to collect recyclable solid waste from a designated recycling collection container. The City may, at its option, arrange for collection in the event of health and safety issues or of a dispute between the Franchisee, the customer OJ the City. 3. Generator's riaht to recvcle. Nothing in this Chapter limits the right of any person to sell, donate, or otherwise divert their own recyclables from landfilling, except that recyclables deposited into containers provided by a Franchisee and placed for collection shall become solid waste and the property of the Franchisee as provided for in Subsection 1 above. d. Containerization of Solid Waste. 1. All solid waste shall be placed for collection in containers provided by Franchisees, except when special collections are authorized by this 5 Chapter or the City's franchise agreement. Special collection items, such as bulky items, holiday trees, bundled residential green waste, and household hazardous waste placed for curbside collection, must be placed for collection in accordance with the terms of this Chapter or the City's franchise agreement 2. Placement of Solid Waste Containers for Collection. Residential solid waste containers shall be placed curbside or in the gutter, not earlier than twenty-four (24) hours before collection is scheduled and removed not later than twenty-four (24) hours after collection. 3. Solid Waste Container Storaqe Enclosures. (a) All solid waste containers, for both residential and commercial customers, must be shielded from view within a building or area enclosed by a wall not less than six (6) feet in height. No solid waste container storage shall be within fifty (50) feet of any residential or open space planning areas unless it is fully enclosed. (b) All new construction of residences and businesses must include sufficient storage area for both solid waste and recycling containers.. The City may. require that sufficient storage area for both solid. waste and recycling containers be built when an existing facility is being renovated. City will review plans to' ensure that adequate space will be provided prior to issuance of a building permit. Sec. 4313. Solid Waste Collection Schedules. a. Collection Hours. No collection of solid waste, or delivery or removal of containers by a Franchisee, shall be made from within 200 feet of any residence in the City betWeen the hours of 6:00 p.m. and 7:00 a.m. any day unless prior written approval has been obtained from the Public Works Director or designee. b. Holidav Schedule. Franchisees may only postpone collection for the following holidays: January 1st, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Service due on the holiday, and on each day. during the remainder of the holiday week, shall be delayed no more than one day. Sec. 4314. Encroachment Permit for Solid Waste Container Placement in Public Right-of- Way. a. Except for curbside collection or storage enclosure collection pursuant to Section 4312d, prior to placement of a solid waste collection container in the public right- . of-way, the person placing the container must obtain an encroachment permit from the City. A performance bond or letter of credit may be required prior to issuance of the encroachment permit. Only a Franchisee authorized by the 6 franchise, or customer hiring such a Franchisee, may obtain an encroachment permit for a temporary collection bin. Applications for such permit shall be on ~orms supplied by the City' and shall contain the following information: (1) Name, address, and business telephone; (2) Evidence, of solid waste franchise or permit; (3) Name, address, and telephone number of person or persons who will have the responsibility for the placement, servicing, and removal of the temporary solid waste collection bin(s), as described above. b. Applications shall be accompanied by a permit fee as set by resolution of the City Council. Encroachment permits shall be issued for a time certain, and are revocable at any time by the City, if the holder of the encroachment permit violates City ordinances or State law, any term of the permit, or if the encroachment is deemed to constitute a traffic hazard or public nuisance. A holder of an encroachment permit shall promptly remove or cause the removal of the container(s) if the permit is revoked. All decisions of the City regarding the issuance and revocation of encroachment permits are final and are not appealable. c. Encroachment permits are not transferable by assignment, sale, or other means without the express written permission of the City Sec. 4315. Miscellaneous Prohibitions. a. Noise. A Franchisee shall so conduct its operations as to offer the least possible disruption to the existing noise levels of the area within which collections are made, but in no event exceed the City's Noise Ordinance. b. Trespass. No person aut.horized to collect or transport solid waste or recyclables shall enter private property beyond the extent necessary to collect the solid waste or recyclables placed for collection. c. Scavenaino. It is unlawful for any person, 'other than a Franchisee, the City, or the owner thereof, to remove solid waste, including recyclable solid waste, from containers placed for collection, including temporary containers. d. Transfer of Solid Waste on City Streets. Under no circumstances may solid waste be transferred between vehicles or otherwise in the public right-of-way. e. Prohibited Disposal Methods. 1. Burnina. It shall be unlawful at anytime for any person, including Franchisees, to burn any solid waste or recyclables within the City. 2. 1118081 Dumpino. It shall be unlawful for any person, including Franchisees, to cast, place, sweep, deposit, or .dump solid waste upon any 7 private or public property in the City, except as provided for in this Code. It is unlawful for any person to place, deposit, or dump hazardous waste, medical waste, or abandoned vehicles, or parts thereof, upon any private or public real property in the City. 3. Unauthorized Disposal. No unauthorized person shall cause the placement of solid waste, originating from other premises, within a waste container designated to serve the premises for which the container has been assigned. f. Sanitarv Transportation of Solid Waste. No person shall conveyor transport solid waste upon or along any public street in the City unless such solid waste is contained and/or covered or otherwise secured to prevent it from leaking, dripping, falling, blowing, or scattering from the vehicle in which it is being conveyed or transported. All vehicles and equipment used in the transport of any form of solid waste shall be kept clean. No person shall drain the liquid from any such vehicle upon any road or highway or upon any other land in the City. Persons hauling solid waste on City streets shall completely empty the solid wastes from their vehicles and/or containers at the disposal site, or re-cover them if they are not completel'y emptied, in order to prevent the scattering of residue on the return trip. g. Hazardous Solid Waste. 1. Disposition. Generators,. owners, and/or possessors of hazardous solid waste shall dispose of all hazardous solid waste that they generate, own, or possess in accordance with all local, State and Federal laws. 2. Reaulation. The County Health Official and the City may promulgate regulations regarding the handling, transportation, and/or disposal of hazardous solid waste within the City. 3. Collection. It is unlawful for City Franchisees to perform solid waste handling services for hazardous solid waste, unle.ss they are properly permitted and meet all local, State and Federal regulations regarding the handling of such materials. 4. Placement in containers for collection. ft is unlawful for any person to place hazardous solid waste in containers for regular collection by a Franchisee or at a designated recycling collection location. PART 2-S0LID WASTE FRANCHISES Sec. 4320. Authorization to Issue Franchises for Solid Waste Handling Services; a. At the General' Municipal Elections in November 2006, the voters approved Initiative Ordina"nce No. 2006-01, which authorizes the City Council to issue competitively bid contracts as follows: "The Council may enter into contracts for the collection and disposal of solid waste material, and may establish such rules for the regulation thereof as it may from time to time.deem best and necessary. 8 The terms, as set forth in Part 4 [now this Part 2], shall be the minimum terms of any contract approved by the City Council. At least every ten (10) years City contracts for the collection and disposal of solid waste and for the collection of recyclable material shall be competitively bid according to rules and regulations adopted by the City Council and designed to secure the best level of services at the lowest price practicable. This requirement shall apply upon the termination of each City contract for the collection and disposal of solid waste material that is in effect as of the effective date of this Section. The City Council in its sole discretion may extend any contract or franchise in existence on the effective date of this Section for a period of up to three years, to accommodate the completion and implementation of the competitive process required in this Section and/or to ensure a seamless transition between providers as may be necessary or desirable, subject to such conditions as the City Council determines are reasonable or appropriate." b. Each Franchisee providing services within the City shall obtain and maintain all appropriate licenses and all forms of authorization, permit, franchise, or contract as may be required by the City Council. Each Franchisee shall comply with all applicable federal~. state, and local laws, regulations, and requirements governing solid waste. c. No person shall construct or operate a solid waste management enterprise or facility including, but not limited to, a material recovery facility, landfill, composting facility, or buy-back recycling center, or collect any form of solid waste in the City, without first satisfying all applicable City requirements for land use approval, franchises, permits, and any other approvals required under any local, state or federal law. Sec. 4321. Franchise Required Prior to Container Delivery. No person may deliver a roll-off box, bin, or other solid waste container within the City, or collect solid waste from a customer within the City, prior to City approval and issuance of that person's franchise or contract for solid waste services, unless otherwise exempted under this Chapter. Green waste and recyclables are included in the definition of solid waste and collectors of such materials, not otherwise exempted pursuant to this Chapter, must obtain a franchise or contract. The use of compactors for solid waste collection requires the express written approval of the Public Works Director. . Sec. 4322. Franchise Agreement; Relation to Code. The franchise agreement will govern requirements placed on the franchisee(s) for services covered under the franchise. Where the franchise agreement is silent, the applicable requirements of this Chapter will apply. To provide services not covered under the franchise, the franchisee must obtain a permit and meet all requirements of this Chapter. Sec. 4323. Collection by Persons Other Than City Franchisee. 9 a. Except for Franchisee(s) and except for any person described in subsections b, c, d, e, f, g, hand i of this Section, it is unlawful for any person to engage in solid waste handling services within the City, and all persons currently engaging in solid waste handling services within the City shall cease such operations immediately upon receiving written notice from the City. b. Actual Solid Waste Generators. The actual producers of solid waste and the owners of property upon which solid waste has accumulated may personally engage in solid waste handling services, but only as to the solid waste which they have actually produced or which has accumulated on their own property, and provided that they comply with the provisions of this Chapter and with any other governing laws. Except in accordance with Subsection c and Subsection d below, actual producers and property owners shall not allow any other person, except the City's Franchisees, to perform solid waste handling services for the solid waste which they have produced, which has accumulated on their property, or which they otherwise own or control. c. Construction Contractors. The actual producers of C&D debris and the owners of property upon which C&D debris has accumulated may engage the contractor who produced all or a part of said C&D debris to perform solid waste handling services for all or part of the C&D debris generated during the construction project; provided, that all such contractors comply with the provisions of this Chapter and with any'other governing laws. Said actual producers and property owners shall not allow any other person, except for the City's Franchisees or-the contractor described in this subsection, to perform solid waste handling services for the C&D debris which they have produced, which has accumulated on their property, or which they otherwise own or control. d. Gardeners and Landscaoers. Gardeners or landscapers may transport green waste or solid waste generated by their work, only if transported by their own employees in the gardener or landscaper's own vehicles to permitted facilities, without obtaining a solid waste collection permit. e. CleanuoServices. Any person whose primary business is the cleanup of solid waste on the property of another and who., incidental to such business, (1) Hauls only the solid waste which he cleans up and no other solid waste, (2) Performs cleanup services such as removing junk from businesses, garages, and residential properties, but does not remove solid waste from constr.uction and demolition sites, (3) Uses his/her .own vehicle to haul the solid waste which he cleans up, and (4) Does not use a bin, roll-off box or other container, whether or not such bin, roll-off box, or container is left at the cleanup site, to accomplish the cleanup, collection, or transportation of the solid waste, may transport 10 .solid waste in accordance with this subsection without a permit or franchise. f. Non-Profit Charities. Non-profit organizations or charities periodically accepting donations of recyclables may transport the recyclables, provided that the organization transport the recyclables to a recycling facility and that organization volunteers and employees comply with the provisions of this Chapter and with any other governing laws. g. Transport Only. Any person may haul solid waste generated and collected in other jurisdictions over City streets provided they comply with the provisions of this Chapter and with any other governing laws, and provided further that they do not engage in any solid waste handling services within the City. h. Emeraencies. In the event of an emergency, including, but not limited to, the breakdown of equipment or other unforeseen or unpreventable circumstances, or where in the judgment of the City the particular situation justifies such action, the City may issue limited or temporary contracts to any person to perform solid waste handling services, subject to reasonable fees, charges and conditions as the. circumstances may warrant and as the parties involved may agree upon.; provided that such fees and charges received from or paid to any person under this subsection for any period exceeding fifteen (15) days in duration shall be approved by the City Council. I. Recyclers. Persons purchasing or accepting donations of recyclables shall not be required to obtain a franchise. PART 3-RATES AND FEES Sec. 4330. Rates. Rates charged by franchisee(s) shall be as set forth in the schedule of rates and charges approved by the City. Sec. 4331. Solid . Waste Fees - General. In accordance with Division 30, Part 1 " Chapter 1 of the Public Resources Code, Sections 40000 et seq., and other applicable laws, the City may levy fees within the City for solid waste purposes, including but not limited to, implementation of an integrated Waste Reduction and Recycling Plan; inspection, auditing, review and planning for solid waste or household hazardous waste collection, transfer and disposal; planning related to responses to solid or hazardous waste releases and spills; and franchise fees as permitted by law. Such fees may include, but are not limited to, fees for the costs of preparing and implementing source reduction and recycling elements, household hazardous waste elements, non-disposal facility elements and integrated Waste Reduction and Recycling Plans, and fees for the use and maintenance of public streets, highways, public rights-of-way, and other public property. 11 PART 4-FRANCHISEE OPERATIONS Sec. 4340. Office for Inquiries and Complaints. a. Franchisees shall maintain an office at a fixed place and shall maintain a telephone at the office listed in the current telephone directory in the name under which it conducts business in the City, and shall at all times between the hours of 8:00 a.m. and 5:00 p.m. weekdays and between 8:00 a.m. and 12:00 p.m. on Saturdays, have an employee or agent at the office to receive service request, complaints and inquiries. Each office shall be staffed with a knowledgeable person, trained to respond to customer q'uestions and complaints. An emergency telephone shall be provided to the City for use outside normal business hours. b. The protection of the public health, safety, and welfare require that service complaints be acted on promptly and that. a record be maintained in order to permit the City and its Franchisees to identify potential public health and safety problems. During office hours, Franchisees shall record all complaints, including the date, time, complainant's name and address if the complainant is willing to .give this information, and date, and manner of resolution of the complaint. This :information .shall be maintained for the term of the franchise agreement, or longer if indicated in the franchise agreement. The record of service complaints shall be made available for review by representatives of the City during the Franchisee's office hours. Sec. 4341. Hazardous Waste Inspection and Reporting. a. Franchisees shall inspect solid waste placed for collection in their respective bins and containers, and shall reject for collection solid waste observed to be contaminated with hazardous waste. Franchisees, as applicable., shall promptly notify the City an.d all agencies with jurisdiction, if appropriate, including the California Department of Toxic Substances Control, local emergency response providers and the National Response Center of reportable quantities of hazardous waste found or observed in solid waste anywhere within the City. In addition to other required notifications, if a franchisee observes any substances which it or its employee~ reasonably believe or suspect to contain hazardous waste unlawfully disposed of or released on any City property, including storm drains, streets or other public rights-of-way, the franchisee, as applicable, shall immediately notify the Public Works Director or his or her designee. b. Franchisees shall each maintain records showing the types and quantities, if any, of hazardous waste found in solid waste and which was inadvertently collected from service recipients within the City, but diverted from landfilling. Sec. 4342. Employees and Vehicles. a. Emplovees. All field employees of a franchisee shall wear nametags to enable identification while providing public service. 12 b. Franchisees' Vehicles. 1. Vehicle Standards. To protect public health, safety and welfare, any truck used for the collection or transportation of solid waste within the City shall be leak-proof and equipped with a close-fitting cover that shall be affixed in a manner that will prevent spilling, dropping or blowing of any waste, oil, grease or other substance upon the public right-of-way during collection or transportation. No perso.n shall park, or cause to be parked within the City any vehicle containing solid waste unless the vehicle is free from odor and in a ~anitary condition. Franchisees shall comply with. all regulations promulgated by all agencies with jurisdiction over the safe, sanitary operation of all of their equipment. 2. Disolavs. Vehicles shall display the name of the franchisee in prominent letters so that the vehicle may be easily identified as belonging to that franchisee. If a franchisee uses a vehicle displaying the name of an affiliated company, the affiliated company's name must be indicated on the franchise, or be approved in advance in writing by the Public Works Director or designee. Improperly identified vehicles may be treated as belonging to non-permitted haulers. 3. Noise Levels. To protect the public health, safety and quiet enjoyment of the residents of the City, the noise level for the collection vehicles during the stationary compaction process shall not exceed seventy-five (75) decibels (dB) at a distance of twenty-five (25) feet from the collection vehicle and at an elevation of five (5) feet from the horizontal base place of such vehicles. A Franchisee shall submit to City, upon City's request, a certificate of vehicle noise level testing by an independent testing entity of a representative sample of all vehicles. 4. OamaQe to Streets. Franchisees shall not damage public or private streets over which their respective collection equipment may be operated and shall obtain all required approvals 'for operation of its respective collection vehicles on private streets. Sec. 4343. Franchisees' Containers. a. Each Franchisee shall maintain its containers within the City in a manner to protect public health and safety and prevent the spread of vectors. b. All bins shall be steam-cleaned or replaced at least once per year by .the Franchisee servicing bin. c. Each Franchisee shall remove from its solid waste containers (including carts, bins and roll-off boxes), any exterior paint or markings commonly referred to as "graffiti" or "tagging" within twenty-four hours of either notification by City or customer or the Franchisee's last servicing of the container, whichever is sooner. 13 d. The City has the authority to require a Franchisee to replace promptly any container which, in the City's reasonable discretion, is not in a clean, painted, or serviceable condition. e. Each Franchisee shall post, each container with a notice that the container is not to be used for the disposal of hazardous waste. f. All containers in City, excluding franchisee's residential carts, must carry a label identifying the Franchisee that owns or collects from the container an'd that Franchisee's phone number. Letters must be at least 3 inches high. g. All recycling and green waste containers must carry labels, in both English and Spanish, identifying which materials are to be placed in each container. Franchisees are responsible for designing and producing such labels and replacing labels when they become worn. h. The use of compaction containers by the Franchisee for waste collection shall be approved in advance by the Public Works Director. Sec. 4344. Diversion Requirements. Franchisees must divert a minimum of 500/0 of the solid waste collected within the City . each calendar year. To count as waste diversion for the purpose of this Chapter, each . . Franchisee must provide documentation of delivery to a recycling facility an.d docume.ntation as to the quantity. of the delivered waste that was diverted and the quantity of the delivered waste that was landfilled. PART 5-C&D DEBRIS DIVERSION Sec. 4350. Declaration of purpose. The purpose of this Part is to promote the recycling of C&D debris to protect the public health, safety, and welfare and to meet the City's obligations under AS 939. Sec. 4351. Waste Disposal and Diversion Requirements for Construction, Demolition, ~nd Renovatio.n Projects within the City. a. Waste Disposal and Diversion Reportina Reauirement. 1. Covered Proiects. All construction and renovation projects the total costs of which are, or are projected to be, fifty thousand dollars ($50,000.00) or greater, as determined by the Public Works Director, shall be required to divert at least fifty percent (500/0) of all project-related C&D debris. Demolition projects, as determined by the Public Works Director, shall be required to divert at least fifty percent (500/0) of all project-related C&D debris. All project contractors shall, upon project completion, provide to the Public Works Director all project related C&D debris collection, disposal and diversion information in the form prescribed by the Public Works Director. 14 2.' The following projects are exempted from the requirements of this Section: (a) Work for which a building or demolition permit is not required. (b) Work for which only a plumbing, electrical, or mechanical permit is required. (c) Seismic tie-down projects. (d) Installation of pre-fabricated patio enclosures and covers where no foundation or other structural building modifications are required. (e) Installation of pre-fabricated accessories such as signs or antennas where no structural building modifications are required. b. Compliance as a Condition of Approval. Compliance with the provisions of this Part shall be listed as a condition of approval on all discretionary resolutions of approval for development projects, and building or demolition permits. c. Application Fee. As part of any application for, and prior to the issuance of, any building or demolition permit that involves the creation of C&D debris, each applicant for covered projects shall pay to the City an application fee in the amount set forth in a Resolution of the City Council sufficient to cover the City's costs of reviewing an application and monitoring compliance with this Section and/or the WRRP, or reviewing an application for exemption. d. Security Deposit. In addition to the application fee, each applicant shall deposit with the City a security deposit as security for performance, in the amount as determined by the Public Works Director, but not more than five percent (5%) of the project's valuation as determined by the Building Official. The security deposit is remitted at the same time the permit application is filed. The security deposit may be in the form of cash, cashier's check, personal check, or money order. In addition, the Public Works Director may accept a certificate of deposit or letter of credit in the. form approved by the City Attorney. Sec. 4352. Waste Reduction and Recycling Plans (WRRP). a. WRRP Forms. All applicants shall complete and submit a WRRP on a form prescribed by the Public Works Director for this purpose, as part of the application packet for the construction, renovation, or demolition permit. b. Compliance with Waste Manaaement Plan. 1. Documentation. Prior to the completion of a project, the applicant shall submit to the Public Works Director documentation that the Diversion Requirement has been met. This documentation shall include all of the following: (a) Receipts from the vendor and facility which collected and received each material showing the actual weight or volume of that material. (b) A copy of the previously approved WRRP for the Project adding the actual volume or weight of each material diverted and landfilled. (c) Calculations showing multiplication of the total non-source separated tonnage hauled from the Project. 15 2. Weiahina of Wastes. Applicants shall make reasonable efforts to ensure that all C&D debris, diverted or landfilled, are measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D debris shall be weighed. Regarding C&D debris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized Conversion Rates approved by the City for this purpose. 3. Determination of Compliance and Release of Security Deposit. Prior to the issuance of a certificate of occupancy or at the completion of the project, the Public Works Director shall review the information pertaining to diversion of C&D debris submitted pursuant this Section and shall determine whether the applicant has complied with the diversion requirement, as follows: (a) Full compliance. If the Public Works Director determines that the applicant has fully complied with the diversion requirement applicable to the project, the Public Works Director shall cause the . entire security deposit to be refunded to the applicant without interest. (b) Good faith effort to complv. If the Public Works Director determines that the diversion requi,rement has not been achieved, he or she shall determine on a case-by-case basis whether the applicant has made a good faith effort". to -comply with this Part. In making this determination, the, Public' Works Director shall consider the availability of markets for the C&D debris land filled, the size of the project, and the documented efforts of the applicant to divert C&D debris. The Public Works Director may authorize a partial refund of a security deposit without interest when less than the minimum diversion requirement is met. The partial refund shall not exceed that portion of the security deposit that is in the same ratio as the demonstrated amount of diverted waste. (c) Noncompliance. If the Public Works Director determines that the applicant has not made a good faith effort to comply with the diversion requirement, then the Public Works Director shall notify the applicant in writing and all or a portion of the security deposit shall be forfeited to the City and shall not be refunded. Forfeited funds shall be used towards the City's recycling efforts pursuant to subsection c below. 4. Other Provisions for the Refund of a Security Deposit (a) The Public Works Director may authorize the refunq without interest of any security deposit which was erroneously paid or collected. (b) The Public Works Director may authorize the refund without interest of any security deposit when the permit ~pplication is withdrawn or cancelled before any work has begun. (c) The Public Works Director shall not authorize the refund of any security deposit, or any portion thereof, unless the applicant files a 16 written request for refund. and provides documentation satisfactory to the Public Works Director in support of the request. c. Forfeiture and City Use of Security Deposit. 1. If the Public Works Director determines that the applicant has not made a good faith effort to comply with this Part, or if the applicant fails to submit the documentation required by subsection e prior to the expiration of the building or demolition permit, then the deposit is forfeited to the City. 2. Forfeited security deposits may be used by the City for solid waste and recycling related purposes, including but not limited to: (a) Plan, implement, or promote solid waste diversion programs. (b) Develop or improve the infrastructure needed to divert waste from landfilling. (c) Educate generators and handlers of solid waste in the City regarding solid waste recycling and disposal alternatives. (d) Review accuracy of Franchisee's reports, Waste Reduction and Recycling Plans and other solid waste records. Sec. 4353. Exemption from the Fifty Pe~cent Diversion Rate. a. Application. If an applicant experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time the application is submitted. The applicant shall indicate on the application or WRRP the maximum rate of diversion believed feasible for each material and the specific circumstances that make it infeasible to comply with the diversion requirement. b. Meetina with Public Works Director. The Public Works Director shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. Based on the information supplied by the applicant the Public Works Director shall determine whether it is possible for the applicant to meet the diversion requirement. c. Grantina of exemption. If the Public Works Director determines that it is infeasible for the applicant to meet the fifty percent diversion requirement due to unique circumstances, the Public Works Director shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the permit or WRRP submitted by the applicant. The Public Works Director shall issue a permit or return a copy of the WRRP to the applicant marked "Approved for Exemption." d. Denial of exemption. If the Public Works Director determines that it is possible for the applicant to meet the diversion requirement, the Official shall so inform the applicant in writing. The applicant shall resubmit an application or WRRP in full compliance with the diversion requirement. If the applicant fails to resubmit the application or WRRP, or if the resubmitted application or WRRP does not comply 17 with the diversion requirement, the Public Works Director shall deny the application or WRRP and the Building Official shall not issue a permit. Sec. 4354. Appeal. Upon payment of an appeal fee set forth in a resolution of the City Council, the applicant may appeal to the City Manager, a decision of ,the Public Works Dir~ctor to deny an exemption or withhold any portion of a security deposit. Notice of appeal of the decision of the Public Works Director must be filed with the Public Works Director within ten (10) calendar days of the date of the decision being appealed. The notice of appeal shall set forth in concise language the particular decision or decisions complained of and the reasons why the person feels aggrieved. Failure to file a notice of appeal within the time prescribed herein shall constitute a waiver of any objection to the decision(s) of the Public Works Director and such decision shall be final; otherwise, the decision of the City Manager shall be final. Sec. 4355. Certified Recycling Facilities. a. The City may, but is not required to, approve certified recycling facilities. If such facilities were approved, applicants would have the option to demonstrate that they will meet the 500/0 diversion requirement in their WRRP required under this Part by taking all material generated at the construction, remodeling, or demolition site to a City Certified Recycling Facility. b. For the purposes of this Part, a certified recycling facility means. a recycling, composting, materials. recovery, or re-use facility for which the Public Works Director has issued a certification pursuant to regulations promulgated by the Public Works Director: c. The Public Works Director shall approve use of the facilities only if the owner or operator of the facility has submitted or submits documentation satisfactory to the Public Works Director: 1. That the facility has obtained all applicable federal, state, and local permits, and is in full complian.ce with all appl~cable regulations; and 2. The percentage of incoming waste from construction, demolition, and alteration activities that is diverted from landfill disposal meets a minimum percentage level determined by the City. d. The City shall make available to each applicant an approved list of certified recycling facilities, if such facilities become approved. Sec. 4356. C&D Debris Ordinance Enforcement. a. Administrative Enforcement. In addition to the penalties provided for in this Chapter and this Code, if violations of the provisions of this Part exist as to a covered project requiring completion of a Waste Reduction and Recycling Plan, the City may use various administrative measures to ensure compliance. Measures available include, but are not limited to: 18 1. Issuance of a building permit or a certificate of occupancy for that project may be withheld until all such violations have been corrected, 2. .Issuance of a stop work notice, until all such violations have been corrected, 3. Stopping all inspections on subject project, until all such violations have been corrected, 4. Other measures recommended by the City Attorney. b. Civil Action. Violation of any provision of this Part may be enforced by civil action including an action for injunctive relief. The City Council hereby finds that violation of this Section is a public nuisance. In any civil enforcement action, the City 'shall be entitled to recover its attorneys' fees and costs from a person who is determined by a court of competent jurisdiction by a preponderance of the evidence to have violated this Section. PARTS-ENFORCEMENT Sec. 4360. Enforcement Authority, Impounding of Solid Waste Containers; Civil Remedies. a. Authoritv. The Public Works Director shall have the authority to enforce the provisions of this Chapter. This' authority shall be in addition to the authority granted to police officers pursuant to the Code. b. Imooundinq of Containers. If a solid waste container is not properly identified as belonging to a City-approved Franchisee, or if the terms of the permit, the franchise agreement, or of this Chapter are not complied with, then the solid waste container shall be subject to removal and impound by order of the Public Works Director pursuant to Section 4362. c. Civil Remedies. Nothing in this Chapter shall be deemed to limit the right of a City Franchisee or the City to b'ring a civil action against any person who violates this Chapter, nor shall a conviction for such violation exempt any person from a civil action brought by a City franchisee or the City. Sec. 4361. Violations. a. Except as otherwise provided in this Chapter, violations of this Chapter are punishable as set forth in Section 1121 of this Code. b. In addition, in the event any violation of this Chapter constitutes an imminent danger to public health, safety or the environment, the Public Works Director, may enter upon the premises from which the violation emanates, abate the violation and danger created to the public safety or the environment, and restore any premises affected by the alleged violation, without notice to or consent from 19 the owner or occupant of the premises. An imminent danger shall include, but is not limited to, circumstances created by a disposal of solid or hazardous waste where such disposal creates a significant and immediate threat to the public health or safety, or the environment. c. Violations of this Chapter are deemed public nuisances, which may be abated by administrative, civil, or criminal action in accordance with the terms and provisions of this code and state law. All costs and fees incurred by the City because of any violation of this Chapter, which constitutes a nuisance, including all administrative fees and expenses and legal fees and expenses, shall become a lien against the subject premises from which the nuisance emanated, and a personal obligation against the owner. The owner of record of the premises subject to any lien shall receive notice of the lien prior to recording. The City attorney is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for money judgment, or by delivery to the county assessor of a special assessment against the premises. d. The City may utilize any and all other remedies as otherwise provided by law to enforce the provisions of this Chapter. 4362. Unlawfully Placed Solid Waste Containers. a. Unauthorized Solid Waste Containers. No person shall place or leave. standing a solid waste container on any public or private property within the City .except for collection and disposal of solid waste by Franchisees or as otherwise .specifically authorized in this Chapter. b. Containers for Collection of Recyclable Solid Waste Exempted. Nothing in this Section shall prohibit the placement of containers for the collection of Recyclable Solid Waste sold or donated by the generator of such solid waste. If, however, the generator of the Recyclable Solid Waste is required to pay monetary or non- monetary consideration for the collection, transportation, transfer, or processing of the Recyclable S.olid Waste, or for the use of containers for such solid waste, this exemption shall not apply. The person providing containers for the collection of Recyclable Solid Waste shall have the burden of showing that the Recyclable Solid Waste was sold or donated in compliance with the exemption herein. c. Removal of Unlawfully Placed Solid Waste Containers. 1. The Public Works Director may cause the posting of a notice to remove, in a conspicuous place, on any solid waste container placed on any public or private property within the City in violation of this Chapter. 2. Notices to remove posted pursuant to the provisions of this Chapter shall specify the nature of the violation and shall state that the solid waste container must be removed within twenty-four (24) hours or it may be removed and stored by the City, and the contents disposed of, at the expense of the .owner of the container. The posting of a notice to remove 20 shall constitute constructive notice to the owner and user of the container of the requirement to remove the solid waste container. 3. If the solid waste container is not removed within twenty-four (24) hours after the notice to remove is posted, the Public Works Director may direct the removal and storage of the solid waste container and the disposal of its contents. 4. If the identity of the owner of a solid waste container that has been removed by the City is known to the Public Works Director, the Public Works Director shall promptly cause notice to be mailed to the owner to claim the stored p"roperty. If the solid waste container is not claimed within ninety (90) days after removal and notice to the owner, or ninety (90) days after removal if the identity of the owner is unknown, the solid waste container and its contents shall b.e deemed abandoned property and may be disposed of accordingly. 5. After a solid waste container has once been removed by the City pursuant to a notice to remove, the owner thereof shall be .deemed to have actual notice of the provisions of this Chapter, including the prohibition of placement of solid waste container~ by any person other than those exempted. In the event of a subsequent placement of a solid waste .container owned by the same owner, the Public Works Director'may "immediately, without the posting of a notice to remove, direct the removal and storage of the unlawfully placed solid waste container and shall, in such case, give notice to the owner to claim the solid waste container. In such event, the owner shall be responsible to reimburse the City for the actual cost of removal, storage and disposal of its contents, which cost shall be paid by the owner before the solid waste container is returned to the owner., If the solid waste container is unclaimed after notice is mailed to the owner and the expiration of the period set forth in subsection 4 above, the solid waste container and its contents shall be deemed abandoned property and may be disposed of accordingly. 6. The owner of the solid waste container shall be responsible to reimburse the City for the actual cost of the removal, storage and disposal. All amounts due to the City for the cost of the removal, storage and disposal shall be paid before the solid waste container is returned to the owner. The costs incurred by the City for removal, storage and disposal shall constitute a debt owed to the City by the owner, who shall be liable therefore in an action by the C.ity for the recovery of such amounts. SECTION 2. SEVERABILITY. If any Section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Chapter or any part thereof. The City Council hereby declares that it would have passed each Section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that anyone or more subsections, 21 subdivisions, paragraphs, sentences, clauses, or phrases be declined unconstitutional, invalid, or ineffective. SECTION 3. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. SECTION 4. CITY CLERK'S CERTIFICATION. 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 (15) )days after passage and adoption as 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 (5) days prior to the date of adoption of this Ordinance, and, within fifteen (15) 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 5th day of February, 2007. LOU BONE, Mayor ATTEST: PAMELA STOKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF TUSTIN ) PAMELA STOKER, 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 was passed and adopted at a regular meeting of the City Council held on the 5th day of February, 2007, by the following vote: COUNCILPERSONS AYES: Bone, Amante, Davert, kawashima, Palmer (5) COUNCILPERSONS NOES: None (0) COUNCILPERSONS ABSTAINED: None (0) COUNCILPERSONS ABSENT: None (0) PAMELA STOKER City Clerk Ordinance No. 1325 Page 22 of 22