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Home My WebLink AboutORD 12 (1999)_ ORDINANCE NO. 12 (1999) AN ORDINANCE 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: Sec. 8.16.020. Definitions, is hereby amended to include the definitions of disposal, generator, and diversion to read as follows: Disposal means the act of discarding refuse in a safe and legal manner in accordance with the provisions of Chapter 8 with no intent of recovery, reuse, repair, or recycling on the part of the generator. Diversion means the act of diverting refuse or solid waste from disposal for the purposes of recovery, repair, reuse, or recycling. Generator means any person, property owner or manager, tenant, occupant, business, service, lessee or lessor, institution, or other source that produces refuse or solid waste for disposal and/or diversion. SECTION 2: Sec. 8.16.070. Residential refuse containers, is hereby amended by modifying subsection (a), deleting subsections (b) through (h), and adding the following new subsections (b) through (g), to read as follows: (a) A permittee shall, at a minimum, provide a 64 -gallon container or suitable alternative, as approved by the city manager, for the collection of refuse from single-family residences within the city. Any container provided by a permittee, pursuant to this section, shall be at a permittees' expense and shall meet the specifications for containers as set forth by resolution of the City Council (b) At the specific direction of the City Manager, a permittee shall provide an automated standardized container capable of storing no less than 64 gallons of acceptable commingled recyclables as defined by this chapter. It shall be the duty of every tenant, lessee or occupant of any residential unit to maintain the containers in a reasonably safe and secure manner. (c) A permittee shall provide an automated, standardized container capable of storing no less than 64 gallons of acceptable yard waste including grass clippings, leaves and other yard work debris, other than oversized branches or tree limbs. It shall be the duty of every tenant, lessee or occupant of any residential unit to maintain the containers in a reasonably safe and secure manner. (d) If a container for storing yard waste is refused by a customer for reason that yard -- wastes are grass cycled, composted, or otherwise diverted, it shall be the duty of the customer, including but not limited to every lessee, tenant, or occupant of any residential unit, to assure that yard wastes are actually recycled, composted, and/or grass cycled in a safe manner either on the premises or with a gardener or landscaper. (e) No tenant, lessee, or occupant shall use his or her own container, bag, box or other device for the purpose of setting out refuse or recyclables at the curb for collection by a permittee. However, barrel -served customers can opt to purchase their containers from a permittee, with a subsequent discounting of the monthly rate. (f) No tenant, lessee, or occupant shall knowingly dispose of any recyclable material as defined by this chapter, unless such material is not collected by a permittee. (g) Except when placed in accordance with section 8.16.090 hereof for collection purposes, refuse containers shall be kept and maintained only in storage locations permitted by the City zoning ordinance, as the same presently exists or as may be amended from time to time, or as speed by use permit or other entitlement for use. In addition, the container lids shall be kept closed at all times to avoid the propagation of flies and other vectors, and to control odors and the potential for wind-blown litter. SECTION 3: Sec. 8.16.080. Commercial refuse bins, is hereby amended to include a new provision (c) to read as follows: (c) No property owner, manager, tenant, lessee, or occupant shall knowingly dispose of any recyclable material as defined by this chapter in any refuse bin or other storage device, unless such material is not collected by a permittee. SECTION 4: Sec.8.16.130. Special provisions regarding method`of disposal, is hereby amended by adding subsections (h) and (i) to read as follows: (h) No property owner, manager, tenant, lessee, or occupant shall knowingly dispose of any recyclable material as defined by this chapter in any bin or other storage device, unless such material is not collected by a permittee. (i) In addition to the requirement of subsection (g), a permittee shall collect or provide for the collection for up to 15 gallons or 125 pounds of select household hazardous waste (HHW) per annum per household on a fee for service basis. The HHW shall only include water-based paint, car and household batteries, and anti -freeze. SECTION 5: Sec. 8.16.230. (a) Collection charge, is hereby amended to read as follows: (a) Collection charge. A charge for the collection of refuse and recyclables shall be imposed on the owner or occupant of each residential or commercial unit to which refuse, recyclables, and yard waste collection service is made available. The monthly rate shall be determined by the permittee, but must be structured to eliminate any pricing inequities, subsidies, and penalties among ratepayers, to add incentives for waste prevention. The charge so fixed shall be a civil debt due and owing to permittee from the owner or occupant of the residential or commercial unit to which -the collection service is made available. The City Council hereby specifically finds and determines that the periodic collection of refuse, rubbish, and recyclables from all residential and commercial units benefits all occupants and residents of the city; provides for the health, safety, and welfare of all persons in the city; and therefore, all such occupants or owners are liable for the payment of collection service provided for hereunder whether or not such owner or occupant avails himself of such collection service. PAI SECTION 6: Sec. 8.16.450., Service Provided; Specific, is hereby amended by modifying the introductory provision and by adding subsections 15 through 20 to read as follows: A permittee shall provide the following specific services as described in subsections (1) through (20) of this section. These services shall be in addition to any requirements, additions, policies and procedures as may be established by resolution of the City Council from time to time hereafter. (15) A permittee shall implement by January 1, 2000 for all single-family residential refuse accounts an automated refuse collection system consisting of no less than one standardized container with wheels and lid. The container shall contain a minimum of 10% post -consumer content plastic, and shall be available in capacities ranging from 35 gallons to a maximum of 100 -gallons. -Additional refuse containers will be provided upon request of the resident at a surcharge as described in subsection 16. (16) A permittee shall implement incentive -based rate structures for both residential and commercial sectors by January 1, 2000, based on the "pay as you throw" waste prevention approach. for the residential single-family units (i.e., barrel - served units), a monthly base rate must be developed, subject to City Manager approval, assuming a single standardized refuse container of 64 gallons capacity, in accordance with Section 8.16.230 (a) Collection Charge. A different container (i.e., 100 -gallons or 35 -gallons capacity) can be supplied upon request of a resident at a monthly rate that shall incorporate a differential of no less than plus or minus 20%, respectively, of the monthly rate for a 64 -gallon container. At no time shall a resident receive greater than 30% -discount [including senior and disabled, discounts, and waste reduction incentives (i.e., yard waste reduction and PAYT rate differential)] off the regular monthly rate for any size or combination of containers. A resident may request additional refuse containers of any standard size. However, such containers would be subject to a surcharge to be determined by a permittee and approval of the City Manager, but which may not be less than the aforementioned 20% step increase per container. For commercial units (i.e., bin -served units), a permittee shall develop an incentive -based rate structure that is subject to City Manager approval and that meets the requirements of Section 8.16.230 (a). Collection charge. (17) Upon the direction of the City Manager, a permittee shall implement an automated curbside recycling program consisting of at least a 64 -gallon container with wheels and lid. Additional recycling containers will be provided if needed on a complimentary basis upon request of the resident. (18) A permittee shall implement a yard waste collection program with all single-family residents consisting of at least a 64 -gallon container with wheels and lid. Residents who practice yard waste composting and grass cycling, and generate no yard wastes other than unacceptable yard debris not normally allowed in the yard waste container, can refuse a yard waste container. The customer shall be eligible for no less than a 10% reduction in the base monthly refuse fee, pending verification of the absence of acceptable yard waste in the refuse container and confirmation that the resident has participated in a City -sponsored home composting seminar. (19) A permittee must provide cost -competitive multi -family residential unit recycling systems to any owner/manager of multi -family residential customer complexes. Such systems require the approval of the City Manager. (20) A permittee must provide cost -competitive commercial sector recycling and waste prevention systems to any owner/manager/operator of a commercial, industrial, and/or institutional source of waste. Such systems require the approval of the City Manager. SECTION 7: 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 of pre-emptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this revision shall remain in full force and effect. SECTION 8: 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 5th DAY OF October '1999. yor r I, Lynda Burgess, City Clerk of the City of Diamond Bar, do herb certify that the foregoing Ordinance was introduced at a regular meeting of the Council of iiYe City of Diamond Bar held on this 21st day of September, 1999, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 5'" day of October, 1999 by the following vote: AYES: COUNCILMEMBERS: Ansari, Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None i ATTEST:A7-'-/'Lity Clerk r.�f the City of Diamond Bar 4