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HomeMy WebLinkAboutOrd 1094 Automated Recycling Svcs for Single-Family Residential Units 04-14-2005CITY OF PALM DESERT COMMUNITY SERVICES STAFF REPORT REQUEST: Consideration of Ordinance No. 1094 Requiring Automated Recycling Services for all Single -Family Residential Units. SUBMITTED BY: Robert Kohn, Director of Special Programs DATE: April 14, 2005 CONTENTS: Ordinance No. 1094 Requiring Automated Recycling at all Single -Family Residential Units Within Palm Desert Attachment "A" - Gated Community Collection Methods Recommendation: Waive further reading and pass Ordinance No. 1094 to second reading. Executive Summary: At its meeting of February 10, 2005, the City Council directed staff to review the City of Seattle's mandatory recycling program and bring a similar program forward to City Council for consideration. Seattle's program mandates recycling by all residents, who are subject to random inspections and potential fines. Staff is recommending that Palm Desert's recycling program continue on a voluntary basis. Instead of mandating recycling, staff recommends adoption and implementation of automated recycling collection system for all residential areas, except apartment units and complexes with a central disposal area. Automating the collection of recyclables would provide complete automation of the waste services in Palm Desert. Adoption of this ordinance, as the first step, will allow time for work to be completed by the recycling consultant, including any recommendations to improve or expand the program. Discussion: Seattle's program mandates recycling by all residents. Residents are subjected to random inspection of containers set out for collection. Those residents not recycling are subject to ticketing and possible fines by waste inspectors for non-compliance. Palm Desert's recycling program is voluntary, and using the State's formula, its diversion rate for 2003 is 61 %. Currently, residential recycling is collected using four different methods depending on the particular HOA agreement with Waste Management. The non -gated communities all have curbside automated collection services for garbage, green waste, and recyclables. However, gated communities utilize curbside automated, manual "three crate separated", manual "single crate commingled", bags "commingled", and regular garbage cans labeled "recyclables". There are even several gated communities that have backyard service but not necessarily the automated cans. A recent residential waste audit reflected that non -gated communities (communities with the automated system) have a much higher recycling participation rate at approximately 51 %, while those with the old manual (crate) system, single "commingled" crate, or bags have a recycling rate of approximately 10%. if all residential units had the automated collection system, staff believes there would be an increase in participation, volume recycled, and the overall diversion rate. The spreadsheet "Attachment A" shows the HOA communities and various collection methods. In summary, there are 31 gated communities utilizing manual collection, 3 using in -ground containers, 21 with walk-in service (various containers), and 22 using automated curbside collection. Staff and Waste Management have been making an effort to automate the recycling services in gated communities. Over the past few months, several gated communities have completed or are in the process of converting to automated recycling collection. The communities include Indian Ridge (1066 homes), Desert Breezes (247 homes), and Tierra Vista (95 homes). Palm Desert Greens (2000 homes) will convert to the automated system in May for a total of 2,408 homes. As a result, staff proposes a Mandatory Automated Collection Ordinance as opposed to a mandatory recycling ordinance as the City's first step to increase participation and awareness. Under this ordinance, residents who want to recycle from their homes must utilize the automated collection system. Staff anticipates there will be an impact on staff resources (10% of an employee's time) with adoption of this ordinance. Staff anticipates the need for an additional staff person with adoption of this ordinance, a proposed Construction and Demolition Recycling Ordinance, development and implementation of new programs, and the continuation of work being done by the recycling consultant. Submitted by: Robert Kohn, Director of Special Programs Approval: Carlos ALOr�te2ga,kkNlanager ent Head: -," Sheila Gilligan, As ' tant City anager ORDINANCE NO. 1094 CITY OF PALM DESERT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE TITLE 8 CHAPTER 8.16 AND 8.17, AUTHORIZING THE MANDATORY AUTOMATED COLLECTION OF SOLID WASTE, RECYCLING, AND GREENWASTE FOR ALL RESIDENTIAL. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT AS FOLLOWS: WHEREAS, the City of Palm Desert has conducted both formal and informal surveys indicating that automated collection services increase participation and the volume of materials collected for reuse; and WHEREAS, the task of meeting the state mandates of 50% diversion by 2000 of waste from landfills falls on all residents and businesses within the City of Palm Desert; and WHEREAS, the franchise waste hauler concurs with the findings and assumptions of said surveys; and WHEREAS, the City is continually researching ways to improve recycling programs and services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: Automated Collection for All Residential: Sections: 8.19.010 Findinqs and Purpose 8.19.020 Automated Rubbish Collection Proqram 8.19.030 Definitions 8.19.040 Citv to Provide Collection and Disposal 8,19.050 Receptacles — General Requirements 8.19.060 Receptacles — Placement, Capacitv, and Pickup Chapters 8 of the City of Palm Desert Palm Desert Municipal is hereby amended by adding Chapters 8.19 Sections 8.19.010 through 8.19.060 as follows: Ordinance No. 1094 SECTION 8.19.010: PURPOSE AND STATUTORY AUTHORITY The purpose of this ordinance is to regulate the storage, collection and disposal of solid waste and recyclable materials in the City of Palm Desert. This ordinance is adopted pursuant to the authority contained in General Statutes 160A (???) governing powers of municipalities, and various federal and state statutes specifically regulating solid waste and recycling. SECTION 8.19.020: AUTOMATED RUBBISH COLLECTION PROGRAM There is hereby established a program for the mandatory use of automated refuse and recycling containers and collection by the residents of the City. The collection of rubbish and recyclables shall be made weekly as specified within the Palm Desert Municipal Code (PDMC) and Franchise Agreement. SECTION 8.19.030: DEFINITIONS For purposes of this article, the following terms, phrases, words, and their derivations shall have the meanings given herein and as provided within the PDMC: (a) Automated Rubbish Collection. The term "automated rubbish collection" shall mean the collection of rubbish by means of a specially equipped collection truck servicing a special refuse container obtained exclusively through the waste hauler and set out in a prescribed manner. (b) Automated Refuse Container. The term "automated refuse container" shall mean the container assigned for use in the automated collection program. (c) Construction and Demolition (C&D). The term "C&D" shall mean any Solid waste material such as lumber, brick, stone, asphalt, plaster, concrete, roofing materials and any other items or substances resulting solely from construction, remodeling, repair, or demolition operations on buildings or other structures, but does not include inert debris, land - clearing debris, yard debris or used asphalt, asphalt mixed with dirt, sand, gravel, rock, concrete, or similar non -hazardous material. (c) Customer. The term "customer" shall mean the party that owns the residential property to which an automated refuse container is assigned. (d) Dwelling Unit. The term "dwelling unit" shall mean the individual private premises contained in any building intended, whether occupied or not, as the residence for one household, regardless of the number of individuals in the household. A building may contain more than one dwelling unit. (e) Garbage. The term "garbage" shall mean the waste produced by the handling, processing, preparation, cooking and consumption of animal and vegetable products used for human consumption. PA Ordinance No. 1094 (f) Residential Complex. The term "residential complex" shall, without regard to form of ownership, refer to a parcel of property with no more than four separate dwelling units, each unit intended for occupancy by separate households, that provides on said parcel off street parking for residents of the complex. (g) Refuse. The term "refuse" means putrescible and non-putrescible solid wastes (except human body wastes), including garbage, rubbish, and cold ashes, but excluding dead animals and solid market and industrial wastes and excepting any item defined and categorized as recyclables. Rubbish. The word "rubbish" shall mean non-putrescible solid wastes consisting of both combustible and noncombustible wastes such as paper, wrappings, newsprint, cardboard, tin cans, yard clippings, leaves, glass and bedding excepting any item defined and categorized as recyclables. (h) Recyclables. The term "recyclables" means materials that are collected for intended reuse, including, but not limited to, paper, chemical, glass, metal, plastic, green waste, wood waste, and construction debris. (i) Green waste. The term "green waste" means all yard waste including, but not limited to, grass, shrubbery, tree trimmings, plant trimmings. SECTION 8.19.040: CITY TO PROVIDE COLLECTION AND DISPOSAL (a) The waste hauler shall provide for collection and disposal of refuse and recyclables when placed at the curb for collection pursuant to this chapter. (b) Compliance with the requirements of this chapter is necessary to procure the collection and removal of refuse and recyclables and such compliance shall be a defense to any prosecution for failure to remove or dispose thereof. SECTION 8.19.050: RECEPTACLES -- GENERAL REQUIREMENTS (a) Every person having charge or control of residential property containing not more than four (4) dwelling units in the City where refuse accumulates shall place and keep the refuse and recyclables in the automated refuse containers obtained exclusively through the waste hauler for use in the automated collection program. Automated refuse containers assigned by or obtained from the waste hauler shall remain at all times property of the hauler. Containers are assigned by individual street addresses to individual residential properties, not to individual residents or customers. At no time and under no circumstances shall the automated refuse container(s) be moved or removed from the property to which it was assigned. The automated refuse containers will be repaired and maintained by the waste hauler at no additional cost unless damage is caused by customer abuse or negligence in which case the cost of replacement shall be charged to the customer. Ordinance No. 1094 (b) Those included in the automated rubbish and recycling collection program shall only use the approved automated refuse containers to be obtained exclusively through the waste hauler. No other containers are allowed. SECTION 8.19.060: RECEPTICLES -- PLACEMENT, CAPACITY AND PICKUP (a) Containers shall be placed at or as near to the curb or edge of road as possible, so as to be accessible to collection crews. Placement must be such that there is no interference with collection (e.g., to close to vehicles, other refuse containers, poles, fences, mailboxes, and other obstacles). Containers must be placed at the designated pickup area by 5:30 a.m. on the scheduled day of collection. No container shall be placed curbside or adjacent to street more than twelve (12) hours prior to the normal collection time and shall be removed from curb or street location within twelve (12) hours after collection. (b) Only normal residential household refuse is permitted to be placed in the containers. Toxic or hazardous materials, dead animals, building materials, yard waste and bulk items such as household furnishings or appliances are prohibited. Items that meet the city standards for recycling shall be disposed of through the city -recycling program. (c) Use of paper or plastic refuse bags is encouraged. Such bags shall be used for disposal of garbage. Bags shall not be placed outside the container. Effective 30 days from adoption of Ordinance No. all single-family residential homes (unless utilizing commercial bin service/central disposal area for all residents within complex) will be required to place recyclables in automated carts for collection. Exceptions due to terrain, disabilities, complexes with centralized disposal setups (e.g., apartments and condos with four or more units, two-story residential units) shall be exempt when such conditions exist that prevent automated service. Exemptions shall be made on a case -by -case basis. The City of Palm Desert's waste hauler shall commence with the ordering and placement of automated containers at all residential units except for those exceptions noted above or approved by the City. The language of Chapter 8.19 notwithstanding, all other codes related to solid waste and recycling shall stand in full force and effect. This action does not relieve the franchisee of any obligations under the existing Franchise Agreement. 4 Ordinance No. 1094 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Palm Desert, California on the day of , 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BUFORD A. CRITES, MAYOR ATTESTED: RACHELLE KLASSEN, CITY CLERK CITY OF PALM DESERT ATTACHMENT A Gated Communities I Current Service I Recvclina Service I Comments Avondale Count Club _ Walk 1n Service x_ _ Selr�;onte Fstate s I�iCCA � Auto S�orn CC Walk In Service h llia 1-1 ills Curb Casavn v Catalina Isle Curry star Cha arrel Country Club Auto Deep Canyon Tennis Club Auto X Desert Breeze Auto X Feb 26 delivery Desert Dorado Curb X Desert Falls CC Curb X Desert Springs Estates Walk In Service X -.------------__.�___,�_.. Fairview Cottages Curb X Hidden Palms Curb X Hovley Court Auto X Indian Creek Villas Auto X Indian Hills Curb X Indian Ridge CC PUD Auto End March beginnin aril delive Indiana Rldcie Country Club Auto x End March be innin6 .A. nil delivery Ironwood HOA #,I Walk In Service uses Fire Station Ironwood HOA #10 Walk In Service Uses Fire Station Ironwood HOA #12 Walk In Service Uses Fire Station Ironwood HOA # Walk In Service Uses Fire Station ironwood HOA #1 Walk In Service _ Uses Fire Station Ironwood HOA #2 Walk In Ser is Uses Fire Station Ironwood HOA #3 Walk In Service Uses Fire Station Ironwood HOA #4 Walk In Service Uses Fire Station Ironwood HOA #5 Walk In Service Uses Fire Station Ironwood HOA #6 Walk In Service Uses Fire Station Ironwood HOA Walk In Servi loses Fire Station Ironwood HOA #8 Walk In Service Uses Fire Station Ironwood HOA #9 Walk In Service Uses Fire Station i irl s Eoint HOA Curl tAuto Marrakesh CC Curb f Auto � AAa cart Cnrinnc Villa C:i irh ! Ai An X I rnmm nnri At Mtn ror_vi- -inn Montecito Auto X Monterey Country Club Curb X Monterey Sands HOA Walk In Service X Monterra Mountain Back HOA Curb In ground X X Mountain Villa HOA Walk In Service X Oais Ccarratr lub Ocotillo Court P,C, Re rt C P.D. Resort CC -;u x Curb Walk In Service k Ira Service Cult; Palm Desert Greens In round X Workingwith Cityand HOA Palm Desert HOA Auto X Palm Desert Mobile Est HOj Palm Desert Park Villaqe H Palm Valley CC HOA Curb Curb Curb X X X Park Palms Auto X Portola CC MHP In ground X -11- � Omm ATTACHMENT A cont. Belmonte Estates HOA Auto x Portola Palms IVIFIP Curb x Re enc Estates Auto x Sandpiper#11- Sandpiper #13, #14 -Sandpiper Dune HOA #15 Sandpiper Plaza HOA Sands and Shadows #2 Curb Curb Curb Curb Curb x x x x x Shadow Cliff HOA #77 Curb Shadow Cove Curb -Shadow Mt Fairway Curb a h OW d MT P, ... lt'iet Club m'or Shadow Mt. Comm. Asso Walk Ift Service x x x -Silver Spur Mobile Manor Curb x Is__Ommerw Walk In Service x Suncrest Country Club -,Sunterrace In ground Curb x x 'Tierra Vista Auto x Delivery_March 12,2005 The Reserve Curh DUTp§ter Auto- i x A Warin Place White Hawk Curb Curb x x Working with HOA Wedgewood Glen HOA Dumpster/Auto x Re2ycling is automated Winter Haven Auto x Woodhaven Country Club Auto x