HomeMy WebLinkAboutORD 05(2017)ORDINANCE NO. 05 (2017)
AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING
SECTIONS 8.16.460, 8.16.480, 8.16.490, 8.16.500, 8.16.510, 8.16.530,
8.16.540 8.16.630, 8.16.640, AND 8.16.660 OF TITLE 8, CHAPTER 8.16
OF THE DIAMOND BAR MUNICIPAL CODE PERTAINING LIMITED
COLLECTION PERMIT AND CONSTRUCTION AND DEMOLITION
WASTE
WHEREAS, the State of California through the California Waste Management Act of
1989, requires that each local jurisdiction in the state divert 50% of discarded materials
from landfill garbage disposal on a per capita basis; and
WHEREAS, according to CalRecycle, Construction and Demolition materials are
estimated to account for 21.7 to 25.5 percent of California's total waste disposal, indicating
that such waste has a significant potential for reduction and recycling; and.
WHEREAS, the City of Diamond Bar continues to make progress in maintaining the
disposal reduction requirements of the state recycling law, but additional efforts are
needed to encourage the recycling of construction and demolition waste, which
represents a large portion of the total waste stream by weight and the diversion of which
from landfills helps the City meet the state mandated diversion goals; and
WHEREAS, the purpose of this Ordinance is to update the existing permitting procedure
and deposit requirements associated with the removal of construction and demolition
waste in the City in order to further encourage compliance with recycling and diversion
requirements for such waste.
NOW, THEREFORE, the City Council of the City of Diamond Bar hereby ordains as
follows:
SECTION 1. Section. 8.16.460 of Title 8, Chapter 8.16 of the Diamond Bar Municipal
Code is amended as follows:
Section. 8.16.460 -Limited collection permit requirements.
No person, other than a franchisee, permitted self -hauler or commercial recycler, shall
collect solid waste in the City without having first been issued a limited collection permit.
Such permit shall be in addition to any business license or permit otherwise required by
the City. The director of public works is authorized to promulgate administrative policies
and procedures for issuing such permits.
This Division 4 shall not apply to the self -haul of construction and demolition wastes,
which are governed by Division 6 of this chapter entitled -"Construction and Demolition
Waste."
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SECTION 2. Section 8.16.480 of Title 8, Chapter 8.16 of the Diamond Bar Municipal
Code is amended as follows:
Sec. 8.16.480. — Permit fees.
Each permittee shall pay a yearly fee in an amount determined by resolution of the
City Council.
SECTION 3. Section. 8.16.490 of Title 8, Chapter 8.16 of the Diamond Bar Municipal
Code is amended as follows:
Section. 8.16.490. - Permit terms
Any permit issued under this Division shall be for a term of not more than one year
and shall expire December 31 of each year.
SECTION 4. Section. 8.16.500 of Title 8, Chapter 8.16 of the Diamond Bar Municipal
Code is amended as follows:
Section. 8.16.500. - Transfer of Permit
A permit issued under this Division 4 shall not be transferred, delegated or
assigned. No permittee shall sell, assign, hypothecate, relinquish, surrender or transfer
its interest in a permit to any person or collector or allow another person or entity to use
its permit in any act for which a permit is required without the prior written consent of the
City Council.
SECTION 5. Section. 8.16.510 of Title 8, Chapter 8.16 of the Diamond Bar Municipal
Code is amended as follows:
Section. 8.16.510. - Denial of Permit
After review of the permit application, the City Manager, or designee, may deny the
issuance of an annual limited collection permit based on information disclosed in the
permit application. Denial of an annual limited collection permit may be based on an
incomplete application, failure to demonstrate qualifications or financial responsibility
necessary to comply with the requirements of this chapter, failure to supply required
reports or previous violations of any provision of this Division 4. Upon denial, the City
Manager shall provide the limited collection permittee written notification of the reasons
therefore and shall include the effective date of such denial. Written notification of denial
shall be delivered by first-class mail, postage pre -paid or certified mail, return receipt
requested.
SECTION 6. Section. 8.16.530 of Title 8, Chapter 8.16 of the Diamond Bar Municipal
Code is amended as follows:
Section. 8.16.530. — Prohibited Acts
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No limited collection permittee shall perform solid waste collection services otherwise
provided for in a solid waste franchise agreement. No limited collection permittee shall
collect a fee for recyclable material collection services provided to residential premises.
SECTION 7. Section. 8.16.540 of Title 8, Chapter 8.16 of the Diamond Bar Municipal
Code is amended as follows:
Section. 8.16.540. - Additional permittee obligations
A collection permittee shall also be subject to the following provisions of this chapter
8.16:
Section 8.16.150, collector's liability insurance, provided that the amount of insurance
shall be determined by administrative policy promulgated by the director;
Section 8.16.160, worker's compensation insurance;
Section 8.16.170, City to be free from liability;
Section 8.16.190, office for inquiries and complaints;
Section 8.16.200, permits and licenses;
Section 8.16.210, responsibility for damages;
Section 8.16.220, City inspection authority;
Section 8.16.330, hours of collection;
Section 8.16.380, trespass;
Section 8.16.390, noise;
Section 8.16.400, ownership;
Section 8.16.410, collection vehicle identification;
Section 8.16.420, operation of equipment;
Section 8.16.440, resource recovery; and
all other applicable provisions of this Municipal Code.
SECTION 8. Section. 8.16.630 of Title 8, Chapter 8.16 of the Diamond Bar Municipal
Code is amended as follows:
Sec. 8.16.630. - Construction/demolition contractor self -hauling permit.
(a) No person or solid waste enterprise other than the City's exclusive franchise waste
haulers shall remove construction/demolition waste within the City without first
obtaining a contractor self -haul permit as provided in this Division 6 ('hereafter, C&D
Permit").
(b) An application for a C&D Permit shall include the following information
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(1) The type and amount of materials.
(2) The number of vehicles that the permittee utilizes and the types of containers that
will be used to collect construction/demolition waste.
(3) The name, address and contact information for the construction and demolition
recycling facilities and waste disposal facilities where the permittee will take
diverted material and waste.
(4) Such other pertinent facts or information as the director may require.
(c) In order to be legally qualified to obtain a C&D Permit the applicant shall:
(1) Be willing and able to comply with the provisions of this Code, applicable law,
and all requirements of the C&D Permit;
(2) Have demonstrated ability to remove and transport the required
construction/demolition waste to the appropriate recycling and waste disposal
facilities; and
(3) Present evidence satisfactory to the director that the applicant, or a duly licensed
construction company contracted with the applicant, will be performing the
hauling work with its own equipment and will not contract with another entity or
person to perform the service.
SECTION 9. Section. 8.16.640 of Title 8, Chapter 8.16 of the Diamond Bar Municipal
Code is amended as follows:
Section. 8.16.640. — Deposit required for covered projects
As a part of any application for, and prior to the issuance of, any building, grading or
demolition permit for a covered project, every construction permittee shall post a deposit,
in the amount of $50.00 for each estimated ton of construction/demolition waste, but not
less than $250.00 and not to exceed $5,000.00. The deposit shall be returned, without
interest, in total or in proportion, upon proof to the satisfaction of the director, that no less
than 75 percent of construction/demolition waste has been diverted. If a lesser percentage
is diverted, a proportionate share of the deposit will be returned in accordance with a
formula established by the City Manager. The deposit shall be forfeited entirely if there is
a failure to comply with the requirements of this section. Construction permittees utilizing
a City approved waste hauler are exempt from the 75% diversion requirement and shall
receive a refund of the entire deposit amount upon showing proof of utilizing a City
franchise hauler.
SECTION 10. Section. 8.16.640 of Title 8, Chapter 8.16 of the Diamond Bar Municipal
Code is amended as follows:
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Sec. 8.16.660. - Revocation.
The director may revoke a C&D Permit for failure to comply with any provisions of this
Division 6 or other applicable provision of this Code.
SECTION 11. Severability. If any section, clause, phrase, word or portion of this
Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have adopted
this Ordinance and each other section, clause, phrase, word or portion thereof,
irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, words or portions thereof be declared invalid or
unconstitutional.
SECTION 12. The Mayor shall sign this ordinance and the City Clerk shall certify to the
passage and adoption of this Ordinance and shall cause the same, or the summary
thereof, to be published and- posted pursuant to applicable provisions of law and this
Ordinance shall take effect thirty (30) days after adoption.
ADOPTED this 19thday of September , 2017.
Jimmy Lin, , Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the 15th day of August, 2017 and was finally passed, approved
and adopted at a regular meeting of the City Council of the City of Diamond Bar held on
1 gth day of September, 2017, by the following vote:
AYES: COUNCIL MEMBERS: Herrera, Lyons, Tye, MPT/Low,
M/Lin
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS:None
ABSTAINED: COUNCIL MEMBERS:None
Tommye A. ribbins, City Clerk
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