HomeMy WebLinkAboutRES 91-59RESOLUTION NO. 91-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ESTABLISHING REQUIREMENTS AND STANDARDS RELATING TO
THE SEPARATE COLLECTION OF RECYCLABLE MATERIALS FROM
RESIDENCES, COMMERCIAL PREMISES, AND INSTITUTIONS WITHIN
THE CITY OF DIAMOND BAR.
A. RECITALS
(i) The City Council has adopted heretofore Ordinance 2-
90 which established standards for the collection and disposal of
refuse, trash, rubbish and other forms of solid waste; and
(ii) Pursuant to Section 4 of said Ordinance, "the
Council determines that the disposal and/or collection of refuse,
trash, rubbish or other solid waste is a service to be performed in
the City in accordance with the provisions of this Ordinance. The
City may from time to time issue permits to those parties meetirpg
the criteria of this Ordinance and such standards as may be
established by resolution of the City Council regarding the
collection of refuse, rubbish and other forms of solid waste from
residential and commercial units. So long as any such permit
remains in force, collection of material provided for herein may be
made only in accordance with the terms and conditions thereof.
Fees and charges for such collection, removal and disposal services
shall be those which the Council may from time to time hereafter
approve by resolution. No person shall engage in the business of
collecting, removing or disposing of any refuse, trash, rubbish,
green wastes, recyclable materials or other solid waste including
hazardous wastes or infectious medical waste, within the City from
any residential unit or commercial premises, nor transport the same
over any public streets or rights-of-way, unless a permit to do so
has first been obtained from the Council and such person complies
with the provisions of this Ordinance and any other regulations
which have been adopted pursuant to this Ordinance"; and
(iii) Section 5, paragraph "D" of said Ordinance states
that, "the collection and removal of recyclable material and/or
green wastes shall not be exempt from the refuse permit system;
however, such activities may be the subject of a separate permit at
the discretion of the Council; and
(iv) The City Council finds and declares that the
regulation of recycling services in the City is necessary and
appropriate in that;
(a) The reduction of the amount of solid waste and the
conservation of recyclable materials is an important public concer4i
by reason of the growing problem of solid waste disposal and itA
impact upon the environment; and
(b) Recently enacted state legislation (AB 939) requires
the City to prepare, adopt and submit by July 1, 1991, a Source
Reduction and Recycling Element which identifies how the City will
divert through a combination of source reduction, recycling and
composting programs 25% of solid waste from landfill by 1995 and
50% or the maximum amount feasible by the year 2000; and
(c) Uniformity in the type of recycling program
implemented, materials collected, the type of container and/or bin
utilized, and frequency of collection will be vital for compliance
with the statutory requirements set forth by this legislation; and
(d) The unregulated collection of recyclable materials
creates the potential for inconsistency with established recycling
goals, disparity in services and types of materials collected, lack
of accountability, and divergent reporting practices amongst waste
haulers.
(v) Legal authority to establish requirements and
standards relating to the separate collection of recyclable
materials resides in Section 40059 of the California Health and
Safety Code which generally provides that aspects of solid waste
handling which are of local concern, including, but not limited to,
frequency of collection, means of collection and transportation,
level of service, charges and fees, and nature, location, and
extent of providing solid waste handling services or those services
which are consistent with Section 40191 may be granted under terms
and conditions prescribed by the governing body of the loc4i
governmental agency by resolution or ordinance;.and
(vi) All legal prerequisites to the adoption of this
Resolution have occurred.
B. Resolution,
NOW, THEREFORE, the City Council of the City of Diamond
Bar does resolve, determine and order as follows:
SECTION 1: In all respects, as set forth in the Recitals,
Part A, of this Resolution.
SECTION 2: Legislative Policy. The City Council
recognizes that recycling and waste reduction is of national,
regional and local importance, and that an effective waste
management program is essential to protect the health, safety and
welfare of City residents. The City Council further finds and
determines that a uniform program for the collection and recycling
of aluminum and bi-metal containers, glass, PET plastic beverage
containers, old corrugated containers, newspapers, and mixed paper,
within the City of Diamond Bar and the permitting of persons
engaged herein is designed to eliminate or alleviate such problems.
Therefore, this Resolution is hereby enacted to enhance
citizen participation rates in recycling programs, improve
recyclable material recovery rates, reduce landfill dependency, and
ultimately maintain a cost effective overall garbage, rubbish,
refuse or recyclable material collection program for the citizenw)
businesses, and institutions within the City of Diamond Bar. 0,
SECTION 3: Definitions. For the purpose of this
Resolution, the following words and phrases are defined and shall
be construed as hereinafter set out, unless it is apparent from the
context that a different meaning was intended:
A. 'Authorized Recycling Agent' means that person,
partnership, joint venture or corporation authorized by contract or
permit with the City to collect Recyclable Materials pursuant to
— this chapter.
B. 'Charitable Entity' means any organization or other
entity maintained for community service, education or the public
good, including service clubs, scouting organizations, religious
and educational organizations and recognized charities.
C. 'Commingle' means to blend together similar Recyclable
Materials -such as Mixed Paper, green and clear glass, aluminum and
bi-metal containers -but separated from disposable materials in the
waste stream.
D. 'Corrugated Container' means a paperboard container
fabricated from two layers of kraft linerboard sandwiched around a
corrugated medium. Kraft linerboard means paperboard made from
wood pulp produced by a modified sulfate pulping process, with a
base weight ranging from 18 to 200 pounds, manufactured for use as
facing material for corrugated or solid fiber containers. Corru-
gated medium means paperboard made from chemical or semichemical
wood pulps, straw or reclaimed paper stock, and folded to form
permanent corrugations.
E. 'Curb or Curbside' means within five (5) linear feet cam'
the public street without blocking sidewalks, driveways or on -
street parking. If extraordinary circumstances preclude such a
location, curbside shall be considered a placement suitable to the
resident, convenient to the Authorised Recycling Agent's equipment,
and mutually agreed to by the City and the Authorised Recycling
Agent.
F. 'Designated Collection Location' means the place where an
Authorised Recycling Agent is to pick up source separated
Recyclable Materials. The location is identified by contract
between the Authorized Recycling Agent and the City and will
customarily be a waste enclosure at a multi -family complex or the
service alley of a commercial or Institution Entity.
G. 'Inaccessible Area' means any public or private street,
way and alley, except state freeways, that does not allow for a
minimum safe turn -around radius, as established by a resolution of
the City Council and amended from time to time hereafter, for the
purpose of collecting Recyclable Materials or to haul or transport
such materials.
H. 'Institutional Entity' means any location operated by a
governmental or private entity, including but not limited to
federal/state/county/local governmental buildings and facilities,
hospitals, schools, colleges, and recreational sites.
I. 'Large Complex Residences' means all apartments and
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condominiums in complexes of over five (5) Residential Units.
J. 'Mixed Paper' means magazines, rejected mail, phone
books, bond or ledger grade, card board and paper board packaging„
K. 'Recyclable Materials' means aluminum and bi-metal
containers, newsprint, Mized Paper, glass bottles or jars (CA
Redemption and other glass), plastics (CA Redemption and other
plastics), green waste and such materials that the City and each
Authorized Recycling Agent have determined to be recyclable.
L. 'Recycling Bin' means a City approved bin owned and
provided by a Authorized Recycling Agent which is suitable for on-
site collection, storage, and set out of Source Separated
recyclables at multi -family, commercial and institutional
locations. A recycling bin shall be a minimum of three (3) cubic
yards and shall be clearly identified with the Authorised Recycling
Agent's company name or logo and the universal recycling logo.
M. 'Recycling Container' means a City approved container
owned and provided by the Authorised Recycling Agent which is
suitable for household collection, storage, and Curbside set out of
Commingled recyclables. A recycling container shall be a minimum
of 18 gallons and no more than 95 gallons in capacity and shall be
clearly identified with the Authorised Recycling Agent's company
name or logo and the universal recycling logo.
N. 'Residential Unit' means one unit houses, duplexes,
triplexes, fourplexes and mobile homes located on a public street
or private road. Residences located in an Inaccessible Area or on
a private drive shall be eligible for service upon the discretion
of the Authorized Recycling Agent.
O. 'Small Complex Residences' means all apartments and
condominiums in complexes of four (4) Residential Units or less.
P. 'Source Separated' means the segregation, by the person
or generator from whom they are being collected, of material's
designated for separate collection for some form of materials
recovery or special handling.
Q. 'Universal Recycling Logo' means the standard symbol used
to represent that a product is either recyclable or made from
Recyclable Naterial.
SECTION 4: The City Council of the City of Diamond
Bar adopts a "Comprehensive Recycling Program" as set forth in
Exhibit A, attached hereto and incorporated by this reference as if
set forth in full.
SECTION 5: The City Clerk shall certify to the passage of
this Resolution.
ADOPTED AND APPROVED THIS 20th DAY OF August, 1991.
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MAYOR
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do
hereby certify that the foregoing Resolution was passed, adopted
and approved at a regular meeting of the Council of the City of
r, Diamond Bar held on the 20th day of Aucrust, 1991, by the following
vote:
AYES: COUNCIL MEMBERS: Papen, Werner,
Mayor Pro Tem Kim,
Mayor Forbing
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Nardella
ABSTAINED: COUNCIL MEMBERS:
ATTEST•
City Clerk---- =- --
Exhibit "A"
COMPREHENSIVE RECYCLING PROGRAM DESCRIPTION
According to recent estimates, the City of Diamond Bar disposes of 166 tons of solid
wastes per day, about 60 thousand tons per year 1. This is equivalent to an incredible
6.2 pounds per day per every man, women, and child in the City 2 -
If the City's 60 thousand tons of solid wastes are continually dumped in garbage
cans, loaded into trucks, and disposed of in a local landfill with the trash from all the
other cities in the San Gabriel Valley --as nearly 90 percent of it is --it will fill all of
remaining local landfill capacity by the year 1999. Consequently, residents of
Diamond Bar as well as from other communities in the Los Angeles Basin may be
forced to pay higher trash costs or seek other methods of disposing solid waste.
It is in this environment that the Diamond Bar City Council is striving to create a
comprehensive set of programs for the recovery of recyclable materials. To this end,
the City Council hereby establishes the following program with the intent of instituting
uniform standards for the separate collection of recyclable materials from residential,
commercial, and institutional entities within the City of Diamond Bar.
1 Based upon the City's Waste Generation Study conducted by EMCON Associates January, 1991.
2 Figure derived from extrapolation of Waste Generation data May, 1991.
1.0.0 COLLECTION SERVICE --ESTABLISHMENT —
A recyclable materials collection program is established and shall be made _
available to all residences, businesses and institutions in the City of Diamond Bar for
the purpose of providing for the orderly and regular collection of recyclable materials
within the City under this program. Establishment and operation of a collection
program does not preclude the operation of certified recycling centers created
pursuant to Division 12.1 of the California Public Resources Code and/or charitable
entity recycling programs.
1.1.0 COLLECTION CONTRACT
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A. The City Council may issue permits pursuant to the provisions set forth
in Resolution 90-95 or, with or without having invited proposals thereof, enter into
an exclusive contract or series of exclusive contracts with any responsible individual,
association, firm, organization or other business entity that has satisfied all of the
prerequisites as set forth in Section 25 of Ordinance 2-90, whether or not said entity
is operated for profit, for the collection of any or all recyclable materials generated
within the City of Diamond Bar. Where such a permit or contract provided for has
heretofore or hereafter been entered into between the City and a permittee or
contractor(s) for the collection of any or all recyclable materials as herein provided,
said permittee or contractor(s) shall be an "authorized recycling agent" for the City of
Diamond Bar.
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B. If in the determination of the City Council said permittee or contractor
shall have satisfactorily performed such a permit or contract, the City Council, without
inviting bids or proposals therefor and without giving notice of its intention to do so,
may, either prior to or after the expiration of such a permit or contract, extend or
renew the same for such a period and on such terms and conditions as the City
Council shall deem necessary and appropriate.
1.1.1 Effective Date
Upon approval of the permit or contract, the authorized recycling agent shall
provide recyclable materials collection services to all single family residences as
defined herein within ninety (90) days of the effective date of said permit or contract.
The authorized recycling agent shall provide recyclable materials collection services
to all large family residences, commercial premises and institutional entities as defined
herein within one hundred and twenty (120) days of the effective date of said permit
or contract.
1.1.2 Separation of Recyclables and Placement for Removal
Each owner, occupant, tenant or lessee of a residential, commercial or
institutional entity shall prepare and separate those recyclable materials that the City
has contracted for pickup by the authorized recycling agent from all other garbage and
refuse as required by the collection contract, and thereafter have the recyclable
materials commingled within a pre -approved recycling container as required by this
chapter, or source separated into a designated collection bin as required by this
chapter, for collection by the authorized recycling agent.
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1.1.3 Private Disposal of Recyclable Materials —
Nothing contained in this chapter shall preclude any person, business or other
entity from properly disposing of .recyclable materials segregated from all other
garbage or refuse without utilizing the City's authorized recycling agent, provided that
the recyclable materials are disposed of by such persons individually or by his or her
employee or employees to a certified recycling centers created pursuant to Division
12.1 of the California Public Resources Code and/or pick-up, dropped off, or otherwise
donated to any charitable entity as defined under this chapter.
1.1.4 Eligible Materials
Materials to be collected shall include, but are not limited to the following:
corrugated containers, mixed paper, newsprint, plastic (CA Redemption and other
plastics), glass (CA Redemption and other glass), aluminum, and bi-metal cans.
1.1.5 Provisions Declared Minimum Standards
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Notwithstanding any other provision or standard adopted by the Council, the
provisions of this chapter shall be the minimum requirements for the protection of the
public health, safety, convenience and general welfare.
1.2.0 AUTHORIZED RECYCLING AGENT --DUTIES
The authorized recycling agent established under this chapter shall provide
recyclable materials collection services to all persons, residences, businesses and
institutions within the City pursuant to the standard regulations for the methods of
collection of recyclable materials, types of materials collected, frequency of pickup,
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and civil and/or criminal remedies available for enforcing this chapter as set forth by
the City Council.
1.2.1 Authorized Recycling Agent --Insurance Required
The authorized recycling agent shall obtain and keep in force during the term
of the contract, public liability and bodily injury insurance in amounts determined by
the City Council, and workers' compensation insurance covering all employees of the
agent. Copies of such policies, or certificates evidencing such policies, shall be filled
with the City Clerk prior to the commencement of activities authorized by the
contract. The City and its officers, elected officials, employees, and agents shall be
named as additional insured on all such policies. All such policies shall contain at a
minimum a provision requiring a thirty -day notice to be given to the City prior to
cancellation, modification or reduction of limits. The amounts of public liability
insurance for bodily injury and property damage shall be subject to review and
adjustment by the Council.
1.2.2 Authorized Recycling Agent --Rights Under Contract
An award of such a contract shall confer upon the entity to whom the contract
is awarded the exclusive right, during the term of the contract, to collect, transport,
and sell all recyclable materials collected within the City, or portion thereof, as
provided herein, and all provisions of this chapter applicable to the authorized
recycling agent shall constitute and be part of any contract awarded hereunder.
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1.2.3 Authorized Recycling Agent --Charges for Service —
A. A charge for the collection of recyclable materials shall be imposed on
the owner or occupant of each residential unit or commercial premises to which such
service is made available. The amount of such charges shall be fixed and changed
from time to time and shall be collected at such time and in such manner as
prescribed by resolution of the City Council. The charge so fixed shall be a civil debt
due and owing to the City or authorized recycling agent from the owner or occupant
or the residential unit or commercial premises to which the collection service is made
available.
B. All revisions in charges levied must be submitted to the City Council for
'review and action and must be approved by resolution of the City Council following
a public hearing upon at least ten days' written notice to the authorized recycling
agent.
1.3.1 Single Family Collection Generally
The City's single family recycling program is designed to cover all residential
units defined in this chapter. Pick up of recyclable materials shall be provided on the
same day as regular refuse collection by providing each residential unit, that has
signed up for recycling services, a minimum of one recycling bin suitable for the
commingled collection of eligible materials as defined in this chapter.
1.3.2 Collection Days and Time
Collection from all single family residences and small complex residences of four
(4) units or less shall be made on a regular schedule on the same day of the week and
as usual refuse collection. All collections from residential areas and areas immediately
adjacent to residential areas shall be made between the hours of 6:00 a.m. and 6:00
p. m. unless the City Manager authorizes a temporary extension of hours. Receptacles
containing commingled recyclable materials for residential units shall be placed at the
curb for collection on the day established by the City for the collection of such
materials; but shall not be placed at curbside earlier than 12 hours prior to the date
and time for scheduled collection, nor left remaining at curbside longer than 12 hours
following the date and time for scheduled collection.
1.3.3 Eligible Residences
The single family program will serve all single family residences and small
complex residences of four (4) units or less located on public streets and private roads
that have signed up for recycling services. Residences located in an inaccessible area
or on a private drive will be eligible for service at the discretion of the authorized
recycling agent.
1.3.4 Collection Containers: Provided and Replaced
A. Pursuant to the terms and conditions of this Resolution the authorized
recycling agent, prior to providing collection . services, shall provide to each single
family residential unit a single City approved recycling container with a minimum
storage capacity of 18 gallons and is suitable to store commingled recyclable materials
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for curbside pickup. Each container shall be clearly identified with the authorized ---
recycling agent company name or logo and the universal recycling logo. Container
delivery shall be coordinated with delivery of promotional information describe in
Section 1.8.0 and shall be completed within seven (7) days from its commencement.
After the initial delivery cycle, containers and promotional information shall be
delivered to new residential accounts with fourteen (14) days of the account's
effective start date.
B. The authorized recycling agent, without expense to the City or the
resident, and within seventy-two (72) hours after notice, shall replace lost or stolen
containers and those which have be taken or damaged by the authorized recycling
agent during collection. The authorized recycling agent shall maintain record of lost,
stolen, and damaged containers by specific address and shall provide these records .--
upon request of the City. When a repetitive pattern of loss or damage exists, then the
authorized recycling agent shall investigate to remedy the situation. If the situation
dictates, and with the approval of the City Manager, the authorized recycling agent
may charge for replacement containers based upon the actual cost of the container.
Containers damaged due to normal wear and tear shall be replaced within the time
frame of one collection cycle.
C. It is the duty of every person participating in the City's residential
recycling program to maintain recycling containers in a reasonably safe and secure
manner; and all such containers shall be so placed and kept at the designated
collection location so as to be readily accessible for the removal and collection there
from and placed that they will not be a public nuisance or in any degree offensive.
1.4.0 MULTI -FAMILY ON-SITE COLLECTION
1.4.1 Multi -Family Collection Generally
The City's multi -family program is designed to cover all residential units not
included in the single family program. This includes complexes that contain five (5)
or more units. Collection shall be located on-site by providing one or more convenient
to use recycling bins, usually near an existing refuse enclosure. In addition, the
authorized recycling agent may use pre -approved individual collection containers to
collect commingled materials. Collections from all multi -family units shall be made on
an a regular basis.
1.4.2 Collection Days and Times
Collection from participating large complex residences consisting of five (5) or
more units shall be made on a regular schedule. The authorized recycling agent shall
show, on a map furnished by the City Manager or his designee, the day of the week
recyclables shall be collected from each participating complex. All collections from
residential areas and areas immediately adjacent to residential areas shall be made
between the hours of 6:00 a.m. and 6:00 p.m., unless the City Manager authorizes
a temporary extension of hours. Receptacles containing source separated recyclable
materials for large complex residences shall be of a size and serviceability consistent
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with the provisions of this Resolution and thereafter placed at a designated collection ---
location.
1.4.3 Eligible Complexes
The multi -family collection program shall serve all large complex residences in
multi -family complexes that are willing to participate. Complex owners, managers or
homeowner associations shall sign-up for the program through the authorized
recycling agent.
1.4.4 Collection Bins: Provided and Replaced
A. Pursuant to the terms and conditions of this Resolution the authorized
recycling agent, prior to providing collection services, shall provide to each large
complex residence a City approved recycling bin which shall be a minimum of three
(3) cubic yards suitable to store source separated recyclable materials to be made
available for pickup at a designated collection location. If individual collection bins are
provided they shall not exceed 95 gallons and shall be equipped with a wheel base for
convenient use. Each bin shall be clearly identified with the authorized recycling
agent's company name or logo, the universal recycling logo and the types of
recyclable materials accepted per container. Bin delivery shall be coordinated with
delivery of promotional information describe in Section 1.8.0 and shall be completed
within ten (10) days from the account's effective start date. After the initial delivery
cycle, bins and promotional information shall be delivered to new accounts with
fifteen (15) days of the account's effective start date.
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B. The authorized recycling agent, without expense to the City, resident, or
multi -family complex, within seventy-two (72) hours after notice, shall replace lost or
stolen bins and bins which have be taken or damaged by the authorized recycling
agent during collection. ?'he authorized recycling agent shall maintain record of lost,
stolen, and damaged bins by specific address and shall provide these records upon
request of the City. When a repetitive pattern of loss or damage exists, then the
authorized recycling agent shall investigate to remedy the situation. If the situation
dictates, and with the approval of the City Manager, the authorized recycling agent
may charge for replacement bins based upon the actual cost of the bins. Bins
damaged due to normal wear and tear shall be replaced within the time frame of one
collection cycle.
I W-17 1 NY I Isk_ 91:15-1k 1401411111
1.5.1 Commercial and Institutional Recycling Generally
The City's commercial and institutional recycling program is designed to offer
different types of recycling services to businesses and institutional entities depending
upon the types of materials generated. In addition, the City shall require the
authorized recycling agent to develop educational programs to assist individual
businesses and institutions in identifying the types of waste categories that can be
reduced or recycled at a specific site.
1.5.2 Collection Days and Times
A. Collection from participating businesses and institutions shall be made
on an as needed basis or as conditions warrant. The authorized recycling agent shall
show, on a map furnished by the City Manager or his designee, the day of the week
recyclables shall be collected from each participating business or institution. All
collections from residential areas and areas immediately adjacent to residential areas
shall be made between the hours of 6:00 a.m. and 6:00 p.m., unless the City
Manager authorizes a temporary extension of hours. Collection shall occur on
weekdays only, however, Saturdays may be utilized for commercial and institutional
accounts if permitted by the City Manager and for "make-up" work due to holidays.
B. Receptacles containing source separated recyclable materials for
commercial and/or institutional locations shall be of a size and serviceability consistent
with the provisions of this Resolution and thereafter placed at a designated collection
location.
1.5.3 Eligible Businesses and Institutions
This program shall serve any business or institutional entity that is willing to
participate. Business owners, managers, property owners, and designated
institutional representatives shall sign-up for the program through the authorized
recycling agent. Businesses or institutions can become ineligible as a result of high
levels of contaminated materials. In this case, the authorized recycling agent shall
notify the business owner, manager, property owners or designated institutional
representatives of the contamination problem and how it can be mitigated. If the
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contamination persists, the authorized recycling agent shall notify the business or
institution that recycling services will be suspended until further notice or until the
contamination has been rectified.
1.5.4 Collection Bins: Provided and Replaced
A. Pursuant to the terms and conditions of this Resolution the authorized
recycling agent, prior to providing collection services, shall provide to each business
and/or institution a City approved recycling bin which shall be a minimum of three (3)
cubic yards suitable to store source separated recyclable materials to be made
available for pickup at a designated collection location. Each bin shall be clearly
identified with the authorized recycling agent's company name or logo, the universal
recycling logo and the types of recyclable materials accepted per container. If
individual collection containers are provided, they shall not exceed 95 gallons and shall
be equipped with a wheel base for convenient use. Bin delivery shall be coordinated
with delivery of promotional information describe in Section 1.8.0 and shall be
completed within ten (10) days from the account's effective start date. After the
initial delivery cycle, bins and promotional information shall be delivered to new
accounts with fifteen (15) days of the account's effective start date.
B. The authorized recycling agent, without expense to the City, business
and/or institution, within seventy-two (72) hours after notice, shall replace lost or
stolen bins and bins which have be taken or damaged by the authorized recycling
agent during collection. The authorized recycling agent shall maintain record of lost,
stolen, and damaged bins by specific address and shall provide these records upon --
request of the City. When a repetitive pattern of loss or damage exists, then the
authorized recycling agent shall investigate to remedy the situation. If the situation
dictates, and with the approval of the City Manager, the authorized recycling agent
may charge for replacement bins based upon the actual cost of the bins. Bins
damaged due to normal wear and tear shall be replaced within the time frame of one
collection cycle.
1.5.5 Waste Evaluations
The authorized recycling agent shall provide technical assistance, information
and educational materials to participating businesses or institutions at no charge to
either the City or participating business and/or institution. Such assistance,
information and educational materials shall be designed to assist individual businesses
and institutional entities in identifying the types of waste categories that can be
reduced or recycled at a specific site.
1.5.6 Office Paper Recycling
An office paper recycling program shall be provided to businesses or institutions
that meet certain generation criteria. The objective of this program is to provide on-
site recycling services to businesses and institutions which produce large volumes of
waste paper. Materials collected shall include: computer printouts, newsprint,
magazines, rejected mail, phone books, bond or ledger grade paper, cardboard and
paper board packaging, and any other mixed paper. Individual bins not exceeding 95
gallons and small bins which shall be a minimum of three (3) cubic yards may be used
for collection. In addition, the authorized recycling agent shall provide suitable
individual collection receptacles for use in an office environment at no additional cost.
Business owners or managers, business park owners or managers, and designated
institutional representatives shall sign-up for the program with the authorized recycling
agent. Collection shall be made on an as needed basis.
1.5.7 Restaurant and Bar Program
Restaurants and bars shall receive collection of source separated PET plastic
bottles, container glass, aluminum and tin cans. Business owners or managers will
be responsible for the education of their employees and the provision of proper
screening of recyclable materials in order to avoid contamination. Collections shall be
made on an as needed basis.
The City shall implement four clean-up days held quarterly beginning in 1992.
These events are designed to encourage individuals and businesses to spruce up their
garages and offices. The authorized recycling agent shall provide collection services,
at no additional expense, at a centralized location for those materials that are difficult
to dispose of such as: scrap metal and appliances, usable household goods, plastics,
tires, and other recyclables. Household hazardous wastes and other non -recyclable
materials will not be collected and will be referred to appropriate County and private
programs.
1.7.0 WASTE MOTOR OIL PICKUP
The authorized recycling agent shall provide for the collection and disposal of
limited quantities of waste motor oil to qualified residential units. Waste motor oil
shall be placed in a resealable plastic container, be clearly identified as used and/or
waste motor oil and placed at the curb on the same day of the week as usual refuse
collection. Each residential unit is eligible to dispose of a maximum of four (4) quarts
per month. The authorized recycling agent retains the right to refuse collection if it
exceeds the maximum allowable under this chapter, is leaking or otherwise in an
unacceptable condition, or has been visibly contaminated within another substance.
1.8.1 Public Education and Information Generally
The mission of the public education and information program shall be to create
widespread awareness of diversion activities taking place in the community, as well
as motivate participation in all of the City's recycling programs.
1.8.2 Public Education and Information Program
A. The authorized recycling agent shall prepare and implement a public
education and information program. The program shall be prepared in coordination
with the City and well in advance of the introduction of City sanctioned recycling
services. This program shall, at a minimum: familiarize residents, property managers,
business owners/managers, and designated institutional representatives with essential
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_ waste reduction and recycling concepts; explain the benefits of recycling; explain the
purpose and the manner of the City sanctioned recycling program; emphasize the
materials to be collected; show the convenience of the whole range of recycling
activities in the City (both existing and proposed); and how to obtain further
information. The City may supplement the program with newsletters and other means
of communicating with the public. The content of all written materials is subject to
the review and approval of the City Manager.
B. The public education and information program shall be consistently
presented throughout the service area and shall be at the cost of the authorized
recycling agent. In addition, the authorized recycling agent shall provide assistance
to the City Manager or a designee in City wide publicity; attending interviews
scheduled with the media and attending meetings with representatives of the solid
waste and secondary materials management industries, in order to explain the
program.
1.8.3 Technical Information Sheet
The authorized recycling agent shall prepare a technical information sheet which
explains the operation of the recycling program, the delivery schedule for recycling
bins and containers (where necessary), material preparation, the garbage/recycling rate
structure (if applicable), and the anticipated affect that recycling will have on the
waste generation habits and waste stream volumes of the City. This sheet, along
with an official City of Diamond Bar letter, shall be mailed four 14) weeks prior to the
start of collection.
1.8.4 City Letter
The City Manager shall prepare an official City letter which will briefly explain
the program background, the program implementation schedule; and the responsibility
of the participants. This letter should be distributed, at no expense to the City, by the
authorized recycling agent in conjunction with the technical information sheet
discussed in Section 1.8.3.
1.9.1 Reporting Generally
A. The authorized recycling agent shall be required to keep records and
submit reports to comply with the City's reporting requirements. These reports will
serve as a means to appraise City staff of the status of recycling activities and
expenditures. The tabular, statistical records shall be kept in either ASCII or other
commonly used data interchangeable formats. The data, at the most detailed level,
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shall be preserved for historical trend analysis.
B. The authorized recycling agent shall provide certified weight receipts for
all materials collected each week. Weights shall be obtained from a certified scale
approved by the Director of Public Works or his designee. Estimated material weight -
shall be calculated according to the standards set forth by the California Integrated
Waste Management Act of 1989 (AB 939) or in a manner prescribed by the City.
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1.9.2 Quarterly Program Reports
The authorized recycling agent shall provide quarterly program status reports.
These reports will be due within fifteen 0 5) working days of the close of the quarter
being reported. At a minimum the reports shall include:
i) Summaries of total number of accounts by category served by regular
recycling collection;
ii) Summaries of tonnages of each material sold or otherwise exchanged for
processing, by material;
iii) Summaries of tonnages of non-recyclables and contaminants disposed;
iv) Summaries of program costs and revenues;
V) A discussion of the program's highlights, types of problems and the
r-- measures taken to resolve the problems and increase efficiency and participation
rates;
vi) A discussion of any public education and information activities and their
impact on participation and waste stream volumes.
1.9.3 Ad Hoc Reports
The authorized recycling agent shall provide up to six (6) reports of varying
detail and format, as specifically requested by the City Manager or his designee, to
meet unforeseeable informational queries.
1.9.4 Meetings
The authorized recycling agent shall be required to attend at a minimum four
(4) meeting per calendar year with the City Council, City Manager or designated
representatives and/or agents of the City to discuss various aspects of their recycling
program and other issues relevant to the City's comprehensive recycling program.
A. Notwithstanding the provisions of Section 12 (c) of Ordinance 2-90, it
shall be a violation of this Resolution for any person unauthorized by the City to
collect or pick up or cause to be collected or picked up any such items during the
twenty-four hour period commencing at sunset on any day preceding a day designated
for collection. Any and each collection in violation hereof from one or more
residences or commercial premises during said twenty-four hour period shall constitute
a separate and distinct offense punishable as hereafter provided.
B. Any person engaged in the unauthorized collection of recyclable materials
shall be deemed guilty of a misdemeanor and upon conviction thereof shall be
punished by a fine as set forth in Section 1.12.0. Any such unauthorized collections
from one or more locations within the City shall constitute a separate and distinct
offense.
1.11.1 Authorized Recycling Agent to Make Arrangements
The authorized recycling agent is responsible for establishing marketing and
transportation arrangements for the materials collected in each program. Equipment
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1,_11, used for storage and transport of materials may be owned or leased by the authorized
recycling agent or the market providing that the specifications and restrictions on
collection trucks pursuant to Section 21 of Ordinance 2-90 is maintained.
1.11.2 Spillage
The authorized recycling agent shall not spill or drop collected materials on City,
County, or State roads during collection transport or transport to market. If a spill
occurs, the authorized recycling agent shall clean up the debris within three (3)
business hours unless the spill poses a hazard to the public as determined by the City
Manager, in which case immediate clean-up is required.
1.11.3 Landfill Regulated
The authorized recycling agent shall be prohibited from landfill disposal of
collected recyclable materials or from marketing materials that will be landfilled.
Landfill of non -recyclable materials or materials that have been contaminated in the
collection process is allowable.
It shall be unlawful for any person, firm, partnership, or corporation to violate
any provision or to fail to comply with any of the requirements of this Resolution.
Any person, firm, partnership, or corporation violating.any provision of this Resolution
or failing to comply with any of its requirements shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine not exceeding
one thousand dollars (81,000.), or by imprisonment not exceeding six (6) months.
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Each such person, firm, partnership, or corporation shall be deemed guilty of a -
separate offense for each and every day or portion thereof during which any violation
of any -of the provisions of this Resolution is committed, continued or permitted by
such person, firm, partnership or corporation, and shall be deemed punishable thereof
as provided by this Resolution.
1.12.1 Revocation of Permit
A. The City Council may revoke a permit issued pursuant to the provisions
of this Resolution if it has been determined that the authorized recycling agent has not
complied with the provisions of this Resolution and all other applicable statutes,
ordinances, rules and regulations governing the collection and disposal of solid
wastes. The City Manager shall serve the authorized recycling agent with a Notice
of Noncompliance to revoke the permit if noncompliance is not corrected within thirty
(30) days.
B. If noncompliance is not corrected within the above -prescribed thirty -day
(30) period, the City Council, following a public hearing upon at least ten (10) days'
written notice to the authorized recycling agent, may terminate the permit.
1.12.2 Civil Remedies Available
The violation of any of the provisions of this Resolution shall constitute a
nuisance and may be abated by the City through civil process by means of restraining
order, preliminary or permanent injunction or in any other manner provided by law for
the abatement of such nuisances.
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SEVERABILITY
The City Council declares that, shall any provision, section, paragraph,
sentence, or word of this Resolution be rendered or declared invalid by any final court
action in a court of competent jurisdiction, or by any preemptive legislation, the
remaining provisions, sections, paragraphs, sentences and words of this Resolution
shall remain in full force and effect.
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