Title
Consider/Discuss/Act On an Ordinance Repealing Chapter 86 of the Code of Ordinances and Adopting a New Chapter 86 with Updated Provisions Regarding the Collection and Disposition of Solid Waste and Recyclable Material
Summary
MEETING DATE: March 1, 2011
DEPARTMENT: Public Works
CONTACT: Hal Cranor, Executive Director of Public Works
Eric Hopes, Environmental & Fleet Services Manager
RECOMMENDED CITY COUNCIL ACTION:
· Approve the proposed amendments to the Solid Waste Ordinance.
ITEM SUMMARY:
· Staff has compiled a comprehensive list of proposed amendments to the Solid Waste Ordinance. These amendments reflect modifications that are primarily administrative in nature with the principal goal of improved flow control for city generated solid waste and recycling material to designated disposal or processing facilities. The majority of the amendments are minimal in nature while the more significant amendments are indicated below.
· Staff has critically reviewed each process and regulation, and proposed a series of changes that should clarify terminologies as well as requirements streamlining city solid waste and recycling operations. These changes are described in more detail but generally include:
o Specifies a city designated contractor shall collect solid waste and recycling material generated from within the corporate city limits, and revises requirements for collection and disposal, permitting, customer agreements, and prohibited acts.
o Specifies a city designated contractor shall collect construction waste from building sites eliminating the outside hauler permit registration process as a mechanism to regulate the flow of construction related waste to a city designated processing or disposal facility.
o Provides a mechanism for enforcement of the ordinance provisions and provides an offense clause for violation or failure to comply with any provision of the ordinance.
PROPOSED AMENDMENTS:
· Section 86-2 (Definitions).
o Staff has revised the definitions for Bags, Commercial, Commercial garbage, Containers, Person, Recyclable material, Residential garbage receptacle, Residential recycling receptacle, Residential recycling receptacle, Solid waste, and Special wastes.
o Staff has added the definitions for Commercial garbage container, Commercial recycling container, Designated contractor, Haulers, Landfill, and Residential garbage.
o Staff has deleted the definitions for Construction site, Construction waste, Construction waste registered contractors, and Contractor.
o Staff has relocated the definition for 100-year flood from Section 86-39.
· Section 86-24 (Garbage, recyclable material, rubbish, brush and refuse nuisances).
o Staff renamed the subsection from "Garbage, rubbish, brush and refuse nuisances" to "Garbage, recyclable material, rubbish, brush and refuse nuisances."
· Section 86-26 (Collection containers and receptacles for garbage, trash, brush and recyclable material).
o Staff renamed the subsection from "Receptacles for garbage, trash, brush and recyclables" to "Collection containers and receptacles for garbage, trash, brush and recyclable material."
o Staff has added the requirement that commercial collection containers or receptacles shall be kept in a screened area unless requirement is waived.
· Section 86-27 (Residential collection regulations).
o Staff has added that solid waste and recycling material shall be delivered by the designated contractor to the appropriate facility for disposition as designated by the city.
· Section 86-29 (Commercial collection regulations).
o Staff has added that a commercial customer may use residential garbage or recycling containers on a case-by-case basis after the commercial customer makes a request to the executive director of public works.
o Staff has added that solid waste and recycling material shall be delivered by the designated contractor to the appropriate facility for disposition as designated by the city.
· Section 86-30 (Commercial collection fees).
o Staff has clarified that service charges for private haulers of recyclables materials shall be by customer agreement.
· Section 86-31 (Collection and disposal of commercial garbage and recyclable material in central business district).
o Staff has renamed the subsection from "Collection and disposal of commercial refuse in central business district" to "Collection and disposal of commercial garbage and recyclable material in central business district."
o Staff has clarified that fee charges for private haulers of recyclable material shall be by customer agreement.
· Section 86-32 (Collection contractor).
o Staff has removed a provision omitting the designated contractor from the duty of collecting construction waste from building sites.
· Section 86-33 (Disposal of solid waste).
o Staff has renamed the subsection from "Collection by persons other than designated contractor" to "Disposal of solid waste."
o Staff has added that it is unlawful to engage in the business of collecting solid waste within the city except as may be specifically authorized by contract with the city and the payment of a license fee to operate.
· Section 86-34 (Permit for private haulers of recyclable material).
o Staff has revised permitting requirements for outside haulers of commercial recyclable material.
· Section 86-36 (Prohibited Acts).
o Staff has added a requirement making it unlawful to store any debris inside a screening enclosure intended for solid waste or recycling containers.
o Staff has added the requirement that solid waste generated within the city shall be deposited in a landfill designated by the city.
· Section 86-37 (Diversion of recycling materials).
o Staff has deleted the subsection "Wastes from construction or building sites collected by construction waste registered contractors" removing the permitting requirement in its entirety and created the subsection "Diversion of recycling materials."
o Staff has added that an individual resident may remove recyclable material from their own residents, that it is unlawful to cause the diversion of recyclable material in violation of state law, and that no person may contract for the diversion of recyclable material with a person who is not a permitted hauler.
· Section 86-39 (Applicability of state law).
o Staff has renamed subsection from "Amended pursuant to state law" to "Applicability of state law."
· Section 86-40 (Enforcement).
o Staff has created the subsection "Enforcement" providing authority to enforce all provisions of this article.
· Section 86-41 (Offense).
o Staff has created the subsection "Offense" providing penalties for violating or failing to comply with the provision of this article.
BACKGROUND INFORMATION:
· N/A
FINANCIAL SUMMARY:
· N/A
BOARD OR COMMISSION RECOMMENDATION:
· N/A