HomeMy WebLinkAboutOrd 923 Municipal Code Regulating Collection of Recyclable Materialsr
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ORDINANCE NO. 923
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CITY OF PALM DESERT
MEMORANDUM
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: LISA V. CONSTANDE, ENVIRONMENTAL CONSERVATION MANAGER
RE: RECYCLING ORDINANCE
DATE: AUGUST 26, 1999 MEETING PAT` cd -.q (s -Gjg
® CONTINUED TO
RECOMMENDATION: P --PASSED TO 2ND FLEAD6NG 9_q_�c7
By minute motion:
Waive further reading and pass to second reading.
BACKGROUND:
The City of Palm Desert's ordinance that allows recycling was last before the City Council for
amendment in December 1996. Recently, staff has worked with the City Attorney to propose
the following definition of words be added and amended to the ordinance to ensure a fair and
measurable standard is established to determine if a company that offers recycling services is a
recycler or trash hauler.
A copy of the current ordinance (Attachment A) as published in Palm Desert Municipal Code
is included with this report for reference. The only modification recommended by staff to this
ordinance is within the definition section:
Recommended new definitions:
Waste Materials are materials not intended for reuse that are discarded as
useless or worthless and whose ultimate destination is a landfill or other disposal
site.
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Ordinance No. 923
Recyclables are materials that are collected for intended reuse, including, but
not limited to, paper, chemical, glass, metal, plastic, green waste, wood waste,
and construction debris.
Recycling is the collection and processing of recyclables.
Recommended change to existing definition:
Recyclable materials are materials which contain no less that 90% by
weight of recyclables, the remaining portion being waste materials.
Staff recommends these definition changes are needed because a company, claiming to be a
recycler, was collecting the material and hauling it to a San Bernardino landfill. Though, the
business was in violation of a number of other municipal codes (solid waste, business license,
and health and safety), staff found the ordinance that allows for recycling to be weak in
determining if a company is a recycler or trash hauler:
In March 1998, two divisions within the City of Palm Desert, Environmental
Conservation and Code Enforcement, each experienced difficulty with private
companies, Greenleaf Compactors (located in Scottsdale, Arizona) and WasteMaster
(allegedly an office located in the City of Palm Springs, California). The companies,
under the salesmanshipof WasteMaster, solicited a five-year contract for a
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recycling system to a local grocery store in Palm Desert. WasteMaster sold the
recycling system under the impression it saved money, and trash service is not needed
because the system recycles a grocery store's "current waste stream" with only 10%
landfilled. WasteMaster advised the grocery store's management to stop trash service
immediately. Upon the trash service being discontinued, WasteMaster installed a 20-
yard compactor on the grocery store's property.
At first, the Code Enforcement Division became involved with the grocery store's
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recycling system, because staff received complaints from neighboring
commercial properties about a smell at the grocery store. Upon Code Enforcement's
investigation, it was found that the inedible food from the store being disposed in the
compactor was smelling and leaching on the ground. No matter what the employees did
at the grocery store, the smell continued to be offensive and liquid food waste leached
from the compactor. Code Enforcement worked with store employees for a number of
weeks to try to solve the problems. It was at this juncture that the Environmental
Conservation Division became involved due to information received from the City of
Palm Springs about a company, WasteMaster, offering trash hauling services under the
guise of a recycling system to major hotels and businesses in their jurisdiction.
Upon investigation and contacting the County of Riverside's Environmental Health
Services Division, staff learned that the recycling system sold by WasteMaster was
being hauled to a scrap yard in the City of Coachella for storage or to a landfill in
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Ordinance No. 923
San Bernardino County. Upon further research, it was found that WasteMaster was not
registered to conduct business in the City of Palm Desert or to haul trash or recycling in
the County of Riverside.
Ultimately, staff successfully worked with the management at the local grocery store and was
able to have the compactor removed. The management at the grocery store was very thankful
for the City's help and ultimately re-established trash service with our franchised waste hauler.
In addition, the County of San Diego's District Attorney's Office contacted staff regarding their
contact with the owner of WasteMaster due to a number of violations committed in their
jurisdiction.
CONCLUSION:
The issues faced bythe Cityof Palm Desert regarding WasteMaster were difficult, yet much
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easier solved compared with that of the City of Palm Springs where WasteMaster sold their
services to over 15 major hotels and businesses. Taking into consideration the lessons learned
by the County of Riverside, City of Palm Springs, and our own experience, staff believes that
the recommendations proposed for amending the ordinance that governs recycling is the best
way, according to current technology, to measure if a company is a recycler or trash hauler.
In addition, companies that provide recycling services in the Palm Desert community are
required to report by type and quantity of material collected to the City along with the
destination of the material being collected/transported for processing or transformation. Staff is
ensuring that each business is currently registered to conduct business in the City and is
complying with ordinances that are applicable to the nature of their business. Furthermore,
recycling information provided by said companies is important and compiled in summary form to
the California Integrated Waste Management Board each year in the form of an annual report
which is required by Assembly Bill 939.
Respectfully submitted, Reviewed and Concur,
svC
ISA V-CONSTANDE, MANAGER MON A. DIAZ
ENVIRONMENTAL CONSERVATION CITY MANAGER
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Ordinance No. 923 ATTA.... .MENT A 8.17.010
Chapter 8.17 materials shall be deemed discarded by the owner and shall
be subject to any franchise agreement of the city. The
RECYCLABLE MATERIALS contract agent(s)of the city shall have the exclusive duty,
right and privilege to collect,transport,process and dispose
Sections: of such recyclable materials.
8.17.010 Definitions. B. Recyclable materials that are not placed in a city-
8.17.020 Ownership of recyclable regulated recycle container or placed in a city-regulated
materials. recycle bin shall remain the property of the owner. (Ord.
8.17.030 Removal of recyclable materials. 822 § 1 (part), 1997: Ord. 565 § 3, 1989)
8.17.040 Operation of recycling business.
8.17.050 Violation—Penalties. 8.17.030 Removal of recyclable materials.
8.17.060 Other remedies. A. No person other than the city or the contract agent(s)
8.17.070 Enforcement—Costs recoverable. of the city acting in the scope of their agency or employ-
ment,shall remove from the city-regulated recycle contain-
8.17.010 Definitions. ers or from the city-regulated recycle bins any city-owned
The following words and phrases shall apply in this recyclable materials.
chapter. B. It is unlawful for any person to do the following
"City-regulated recycle bins," as used in this chapter to any recycle container or recycle bin used in the city:
and associated thereto,means all bins provided by the city 1. Tamper or meddle with such a container or bin;
or the contract agent(s) of the city for the collection of 2. Tamper or meddle with the contents of any such
recyclable materials. container or bin;
"City-regulated recycle containers," as used in this 3. Remove any such container,bin or material from
chapter and ass riated thereto,means all containers provided the location where the container,bin or material has been
by the city or the contract agent(s) of the city for the placed for pick up by the city,the contract agent(s)of the
collection of recyclable materials. city or a licensed recycling business.(Ord.822§ 1 (part),
"Construction debris" means all construction waste 1997: Ord. 565 § 4, 1989)
including,but not limited to,concrete,asphalt and gypsum.
"Curbside programs,"as used in this chapter and associ- 8.17.040 Operation of recycling business.
ated thereto,means the location where city-owned recyclable A. No person shall operate a recycling business in the
materials shall be placed and picked up by the city, or city without first obtaining a business license pursuant to
contract agent(s) of the city. the provisions established in Chapter 5.04 of this code.
"Franchise agreement"means an agreement made by B. Any recycling business operating in the city shall,
the city with a contract agent for the collection of recyclable at all times of doing business, maintain insurance in an
materials. amount specified by the business license agreement.The
"Green waste"means all yard waste including,but not insurance shall include,but shall not be limited to,worker's
limited to,grass,shrubbery,tree trimmings and plant trim- compensation,vehicle and comprehensive general liability
mings. insurance. The recycling business shall provide the city
"Recyclable materials"means all materials including, with copies of the insurance policies and certificates of
but not limited to,paper,glass,metal,plastic,green waste, insurance at the following times:
wood waste,construction debris and other materials which 1. Proof of insurance shall be provided to the city at
may be recycled for use in an altered form. the time a business license is sought;
"Recycling business,"as used in this chapter and associ- 2. Proof of insurance shall be provided to the city at
ated thereto,means any person or persons,firm,partnership, the time the renewal of a business license is sought;
joint venture, association or corporation engaged in the 3. Proof of insurance shall be provided to the city
collection and recycling of recyclable materials.(Ord.822 within ten business days of receiving a written request from
§ 1 (part), 1997: Ord. 565 § 2, 1989) the city.
C. Any recycling business operating in the city shall
8.17.020 Ownership of recyclable materials. be responsible for removing debris and materials which
A. Recyclable materials placed in a city-regulated it has caused to fall in the public right-of-way during
recycle container at the curb or placed in a city-regulated collection and transportation.
recycle bin shall become the property of the city at the D. Any recycling business operating vehicles in the
time of its placement at the curb or in the recycle bin.Such city shall have the name of the licensed recycling business,
145 (Palm Desert 8-97)
. At a.
8.17.040
Ordinance No. 923
address, telephone number and truck number printed on limited to,administrative costs,court costs,attorneys'fees
each side of the vehicle,in letters not less than three inches and other expenses related to enforcing the provisions of
high. this chapter. (Ord. 822 § 1 (part), 1997)
E. Any recycling business operating in the city shall
maintain a record of its waste diversion.The record shall
include, but not be limited to the total tonnage of waste
materials recycled,the types of waste materials recycled,
the location where the recyclable materials are disposed
and the type of recycling program utilized.
F. Any recycling business operating in the city shall
deliver,or cause to be delivered,to the city quarterly reports
concerning its waste diversion. The reports shall be on
forms provided by the city,and shall provide the city with
information including,but not limited to the information
required to be maintained in accordance with Section
8.17.040(E)of this code.The reports shall be submitted
within forty-five days after the end of each calendar quarter.
(Ord. 822 § 1 (part), 1997)
8.17.050 Violation—Penalties.
It is unlawful for any person to violate any provision
or fail to comply with any of the requirements of this
chapter.Any person violating any provision of this chapter
or failing to comply with any of the requirements is deemed
guilty of a misdemeanor and upon conviction thereof,shall
be punished by a fine not exceeding one thousand dollars,
or by imprisonment for a term not exceeding six months,
or by both such fine and imprisonment.Each day a violation
is committed or permitted to continue shall constitute a
separate offense. (Ord. 822 § 1 (part), 1997)
8.17.060 Other remedies.
A. After giving written notice of noncompliance and
holding a hearing, the city manager or director of code
compliance, as appropriate, may suspend or revoke any
business license issued under this chapter.
B. After giving written notice of noncompliance and
holding a hearing, the city manager or director of code
compliance,as appropriate,may impound any vehicle that
is not maintained in accordance with the provisions estab-
lished in Section 8.17.040(D) of this chapter.
C. The city manager or director of code compliance,
as appropriate, may seek other civil remedies including;
but not limited to,injunctive relief,if the recycling business
has violated or failed to comply with any provision of this
chapter. (Ord. 822 § 1 (part), 1997)
8.17.070 Enforcement—Costs recoverable.
The city attorney,on behalf of the city,may take appro-
priate legal action against a recycling business to recover
the costs associated with enforcement of this chapter against
a recycling business.Such costs shall include,but not be
(Palm Desert 8-97) 146