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HomeMy WebLinkAboutORD 01 (1998)ORDINANCE NO. 01 (1998) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 8.16 OF TITLE 8 OF THE DIAMOND BAR CITY CODE ADOPTING REQUIREMENTS AND STANDARDS RELATING TO THE COLLECTION, RECYCLING, TRANSPORTATION, AND DISPOSAL OF SOLID WASTE, RECYCLABLE AND COMPOSTABLE MATERIALS. The City Council of the City of Diamond Bar does hereby ordain as follows: SECTION 1: Section 8.16.030 of Chapter 8.16 of the Diamond Bar City Code (DBCC) is hereby amended by amending subsection 8 thereof to read as follows: "(8). No provision of this Chapter shall prevent a licensed contractor having a contract for the demolition or reconstruction of a building, structure, pavement, or concrete installation from marketing any saleable items or construction and demolition waste salvaged from such demolition or reconstruction, or from causing such salvageable items or construction and demolition waste to be removed and transported from the premises on which such waste or salvageable items are generated, pursuant to the provisions of the demolition or construction contract, subject to the following: (a) Such collection, removal and disposal activity shall be only by the licensed contractor having the contract for the construction or demolition work that generated such salvageable items or construction or demolition waste, or by regularly employed personnel carried on the licensed contractor's payroll records as an employee; (b) If a subcontractor is to be engaged to remove such salvageable items or construction and demolition waste, any Permittee shall have the right of first refusal to provide such services. If any Permittee cannot guarantee that such services will be provided within a period of twenty- four (24) hours, at a cost of service not in excess of the licensed contractor's designated subcontractor, then the licensed contractor may utilize the services of the designated subcontractor, so long as the designated subcontractor has obtained a limited permit in accordance with the provisions of Section 8.16.460." SECTION 2: Section 8.16.420 of Chapter 8.16 of the DBCC is hereby amended to read as follows: 'Section 8.16.420. Permits for Refuse Collection and Establishment of Collection Fees. The collection and disposal of solid waste is a service to be performed in the City in accordance with the provisions of this Chapter. The City may from time to time issue permits to those parties meeting the criteria of this Chapter and such other standards as may be established by resolution of the City Council regarding the collection of solid waste from residential and commercial units. Collection of material provided for herein may be made only in accordance with the terms and conditions of any such permit. 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 solid waste, recyclable material, or compostable material, or other waste inducing special waste, hazardous waste or infectious medical waste, within the City from any residential or commercial units, nor transport the same over any public highway or rights-of-way, unless a permit to do so has first been obtained from the City and such person complies with the provisions of this Chapter and any other regulations which have been adopted pursuant to this Chapter." SECTION 3: Section 8.16.430 (d) and (f) of Chapter 8.16 of the DBCC is hereby amended to read as follows: "(d) Bonding of Permitee. Before granting a permit under the provisions of this chapter, the City shall require the permittee as a condition of the permit, to post with the City Clerk a cash bond or surety bond payable to the city in the sum of $50,000.00. Such bond shall be secured from a surety company satisfactory to the city and on terms acceptable to the City Attorney. The bond shall be conditioned upon the full and faithful performance by the permittee of obligations under the applicable provisions of this chapter and shall be kept in full force and effect by the permittee throughout the life of the permit and all renewals thereof." "(f) Liability Insurance. The permittee shall obtain and maintain in full force and effect throughout the entire term of the Permit, a Broad Form Comprehensive General Liability (occurrence) policy with a minimum limit of FIVE MILLION DOLLARS ($5,000,000.00) aggregate and ONE MILLION DOLLARS ($1,000,000.00) per occurrence for bodily injury and property damage, with any self-insured retention not exceeding $200,000 per occurrence, The insurance shall be obtained from an insurer authorized to do business in the State of California. The insurance shall protect Permittee and City from any claim for damages for bodily injury, including accidental death, as well as from any claim for damages 2 which may arise from operations performed pursuant to this Chapter, whether such operations be by Permittee itself, or by its agents, employees or subpermittees. Copies of the policies or endorsements evidencing the above required insurance coverage shall be filed with the City Clerk, All of the following endorsements are required to be made a part of the insurance policies required by this Section: (1) The City, its elected officials, employees, agents, and officers, are. hereby added as insureds with respect to liability arising out of activities performed by or on behalf of Permittee. (2) This policy shall be considered primary insurance as respects any other valid and collectible insurance the City may possess including any self-insured retention the City may have, and any other insurance the City does possess shall be considered excess insurance and shall not contribute to it. (3) This insurance shall act for each insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company, (4) Thirty (30) days prior written notice by certified mail, return receipt requested, shall be given to the City in the event of suspension, cancellation, reduction in coverage or in limits or non -renewal of this policy for whatever reason. Such notice shall be sent to the City Clerk." SECTION 4: Chapter 8.16 of the DBCC is amended by adding thereto a new Section 8.16.460 to read as follows: Sec. 8.16.460. Limited permits, (a) Purpose. A limited permit may be issued pursuant to this Section to persons and/or enterprises engaging in recycling, composting, and construction and demolition (C&D) waste handling under contract with a property owner in the City and who are not engaged in the regular collection of refuse in the City. (b) bi nitedpermit required. No person or enterprise shall conduct recycling, composting and C&D waste activities within the City without first obtaining a limited permit. 3 (c) ApOAat on for limited permit. An application for a limited permit shall be filed with the City Manager and shall include, at a minimum, the following infom-)ation and be accompanied by an application fee as determined by resolution of the City Council: (1) Name, address, telephone number of the applicant. (2) The type of recyclable material or waste material to be transported. (3) Satisfactory evidence that the applicant is licensed to handle such materials. (4) Documentation of current comprehensive general liability insurance (occurrence) with a minimum limit of one million dollars ($1,000,000.00) per occurrence for bodily injury and property damage. (5) Such other pertinent facts or information as the City Manager may require including but not limited to evidence of State certification, evidence of previous experience, and demonstration of reliable and safe equipment. (d) Issuance of permit. The City Manager may issue a limited permit subject to such conditions as are necessary to protect the public health, safety and welfare and to assure that the permit is exercised for its circumscribed purposes. Applicants must as a minimum meet applicable provisions as determined by the City Manager. SECTION 5: The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this revision shall remain in full force and effect. SECTION 6: The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance to be posted in three (3) public places within the City of Diamond Bar within fifteen (15) days after its passage in the manner prescribed by Resolution No. 89.6. ADOPTED AND APPROVED THIS 3_ DAY OF February , 1998. Mayor I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Diamond Bar held on this ,o day of januar,,,A 998, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 3_ day of FebruaaA,998, by the following vote: 4 AYES: COUNCIL MEMBERS: Ansari, Huff, O'Connor, MPT/Chang M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTEST: City Clerk of the City o Diamond Bar C.\WP6G\LINDAKAA0RDINAC\0R0 1998.902