HomeMy WebLinkAbout1997-10-28; City Council; 14408; REVISIONS TO MUNICIPAL CODE CHAPTERS 6.08 AND 6.09 REGARDING SOLID WASTEF CARLSBAD -
CODE CHAPTERS 6.08 AND 6,09
RECOMMENDED ACTION:
Introduce Ordinance No. N S-W?
Chapter 6.08 of the Carlsbad Municipal Code.
repealing Title 6, Chapters 6.08 and 6.09 and re
ITEM EXPLANATION
Regulation of solid waste and its handling has evolved greatly in recent years. For exa
939, the Integrated Waste Management Act of 1989, places the responsibility for integr:
waste management on local jurisdictions. The “Rancho Mirage” decision precluc
jurisdictions from limiting the collection of certain recyclables to an exclusive service provic
The majority of the Municipal Code as it pertains to Solid Waste was adopted in 195
sections are obsolete, and some issues were not addressed. Some of those issues are a:
Shared Service - In an effort to accommodate very small businesses in attached buildings
number of accounts have been allowed to share a bin. However, the potential exists t
attempts at reasonableness could be looked upon as precedents to justify widespread L
bin sharing. This could easily become unduly onerous. Sharing is not addressed in thi
code. The proposed revision allows multiple tenants within a single building or complex
bin service, at the City’s sole discretion.
Multiple Tenant Residential - Currently, the type of service (can or bin) to be used by m
residential complexes is not codified, but generally dictated by economics and/or space li
There is some confusion as to how individual can service is billed. The proposed revisi
the property owner to select the type of service, and clarifies that can service will be bil
single-family residential rate per each unit.
0 Liabilitv for Pavment - We have had landlords who feel solid waste service is a tenant (
t The proposed revision places the payment obligation upon the property owner, but 7 a 0 exclude arrangements between the property owner and tenant. M u
*ti d Failure to Pav Solid Waste Services Fees - There is some confusion as to the conseq
4 failure to pay. Some customers are upset when they are sued for non-payment. The
revision allows the City or the authorized collector to utilize any legal means available 9 past due accounts.
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TJ while their tenants feel the reverse. We do not want to get involved in landlord-tenant
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Maximum Residential Collection - Currently, there is no stated maximum to the amount (
items throughout the year.
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, I. a e PAGE 2 OF AGENDA BILL # jY,y-og
SDecial Collection Service - The proposed revision provides that the authorized cole
provide special collection service at a rate mutually agreed upon by the customer
authorized collector, and subject to the approval of the City.
In addition to addressing the issues outlined above, staff also reviewed the Code for '
needs, updated language, ensured consistency with State regulations, and eliminated
sections.
undergone extensive review by the Assistant City Attorney, Principal Building Inspe
Assistant Planning Director, and their suggestions were incorporated into the proposed rei
Zoning regulations for solid waste facilities, including transfer stations and composting o
will be addressed in a separate revision of the zoning code. This revision will not interferc
upcoming changes.
The Code incorporated changes in law and technology. The proposed
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
EXHIBITS
I. Ordinance No. IVS- 425'
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ORDINANCE NO. NS-427
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, REPEALING TITLE 6, CHAPTERS 6.08 AND 6.09 AND RE-
ENACTING CHAPTER 6.08 OF THE CARLSBAD MUNICIPAL CODE RELATIF
TO SOLID WASTE
WHEREAS, The City of Carlsbad has the authority to determine all aspects of s
waste handling.
The City Council of the City of Carlsbad does ordain as follows:
SECTION I. That Title 6, Chapters 6.08 and 6.09 of the Carlsbad Municipal Co
repealed.
SECTION 11. That Title 6, Chapter 6.08 of the Carlsbad Municipal Code is add€
as follows:
Chapter 6.08
SOLID WASTE
Sections:
6.08.01 0 Definitions.
6.08.020 Required solid waste disposal through authorized collect(
6.08.030 Receptacles generally.
6.08.040 Cleanliness of Solid Waste receptacles.
6.08.050 Solid Waste receptacles to be kept covered.
6.08.060 Residential Solid Waste receptacles - Size - Maximum w(
6.08.070 Maximum residential collection.
6.08.080 Placement of residential receptacles for collection.
6.08.090 Unlawful placement of Solid Waste.
6.08.100 Unhindered access to receptacles.
6.08.1 10 Special collection service.
6.08.1 20 Bulky item collection.
6.08.130 Shared service allowed.
6.08.140 Multiple tenant residential service.
6.08.150 Hauling Solid Waste.
6.08.160 Unauthorized collection.
6.08.170 Contracts.
6.08.180
6.08.190 Payment of fees.
6.08.200 Liability for payment.
6.08.21 0 Enforce men t.
6.08.220 Savings clause.
Rate and fees for service.
6.08.01 0 Definitions.
A. For purposes of this chapter the following words and phrases shall have
meanings respectively ascribed to them by this section, unless it is obvious from the c(
another meaning is intended:
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1. "Aluminum" means recoverable aluminum materials including but not
2. "Authorized Collector" means a person, firm, or corporation holding a
used beverage containers, siding, and other manufactured items.
contract with the City of Carlsbad for provision of Solid Waste Services.
valid contract with the City of Carlsbad to collect designated recyclable materials.
4. "Cardboard" means post-consumer wastepaper grade, corrugated CE
(#I I), kraft (brown) paper bags or solid fiber boxes which have served their packaging
and are discarded and can later be reclaimed for collection and recovery for recycling.
5. "City" or "City of Carlsbad" means the incorporated territory of the cit:
Carlsbad.
6. "Commercial Solid Waste" means Solid Waste originating from store!
and other commercial sources, but does not include construction or demolition waste.
7. "Compost" means the product resulting from the controlled biological
decomposition of organic wastes that are source separated from the municipal Solid W
stream, or which are separated at a centralized facility.
8. "Construction Waste" means the demolition, dredging, grubbing, and
rubble resulting from construction, remodeling, repair and demolition activities on housi
commercial or governmental building and any other structure and pavement.
9. "Designated Recyclable Materials" or "Designated Recyclables" mea
materials that are designated as recyclable and/or reusable within the following catego residential, commercial (office and hospitality) and industrial as defined more specifical
each category listed in this section.
a. Designated Recyclables for single-family and multi-family reside1
customers shall include, but are not limited to: newspaper, plastic beverage bottles, all
tin and bimetal cans, yard waste, white goods (appliances) and glass bottles or jars.
b. Designated Recyclables for commercial office buildings of more
twenty thousand square feet shall include, but are not limited to: office paper, corrugatc
cardboard, newspaper and aluminum.
c. Designated Recyclables for commercial hospitality customers, in
restaurants and taverns, shall include, but are not limited to: corrugated cardboard, pla
beverage bottles, glass jars and bottles, white goods (appliances), aluminum, and tin a
bimetal cans.
d. Designated Recyclables for industrial customers shall include, bl
limited to: dirt, asphalt, sand, land-clearing brush, concrete and rock.
IO. "Designated Recycling Collection Location" means the place where
authorized recycling agent has contracted with the City of Carlsbad to pick up recyclab
material segregated from other waste material. Designated Recycling Collection Local
includes, but is not limited to, the curbside of a residential neighborhood or the service
commercial enterprise.
11. "Director" means the Community Development Director or designec
12. "Glass Bottles and Jars" means food and beverage glass container
including but not limited to container glass covered by the deposit law, and excluding t-
and kitchen containers such as drinking glasses, cups, and cooking and serving dishe:
13. "Industrial Solid Waste" means Solid Waste originating from mech2
manufacturing facilities, factories, refineries, construction and demolition projects, pub1
operated treatment works, and/or Solid Wastes placed in commercial collection bins.
14. "Newspaper" means materials printed on newsprint.
15. "Office Paper" means waste paper grades of white and colored led
Examples include but are not limited to forms, copy paper, stationery, and other paper
generally associated with desk activity.
16. "Person" includes any person, firm, association, organization, partr
3. "Authorized Recycling Agent" means a person, firm, or Corporation hc
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business trust, joint venture, corporation, or company and includes the United States, tl
of California, the county of San Diego, the city of Carlsbad, cities, districts, and any offic agency thereof.
17. "Plastic Beverage Bottles" means plastic containers with narrow nec
mouth openings smaller than the diameter of the container bodies, used for containing
milk, juice, soft drinks or water intended for human consumption; to be distinguished frc
nonfood bottles such as those for containing motor oil, detergent or other household pr(
18. "Segregate Waste Material" means any of the following: the placeml
recyclables in separate containers; the binding of recyclable material separately from tt-
waste material; the physical separation of recyclables from other waste material.
19. "Solid Waste" means putrescible and nonputrescible solid, semisolic
liquid wastes, generated in or upon residential or commercial premises, including garb2
refuse, paper, rubbish, ashes, industrial wastes, construction and demolition wastes, at
vehicles and parts thereof, discarded home and industrial appliances, dewatered, treatt
chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or at
solid and semisolid wastes, and other discarded solid and semisolid wastes. Solid Wa
not include hazardous or biohazardous waste, or biomedical waste, which are regulate
shall be handled and disposed of pursuant to Chapters 6.03 and 6.02, respectively; or
them for recycling in City-approved designated recycling containers at City-approved a
collection by the City's authorized recycling agent.
20. "Solid Waste Services" means the collection, transport, and dispos:
Waste and Designated Recyclables, including yard waste, from residential, commercia
industrial generators.
21. "Solid Waste Facility" means a Solid Waste transfer or processing I
composting facility, a transformation facility, or a disposal facility as approved by the C
22. "White goods" means kitchen or other large, enameled appliances.
23. "Yard Wastes" means leaves, grass, weeds and wood materials fro
materials sold or donated by the owner for reuse, recycling or composting, other than t
and shrubs.
6.08.020 Required Solid Waste/Desiqnated Recyclable Materials handlins thro
Authorized Collector: Exceotions.
A. Every Person in possession, charge or control of any place or premises in the (
upon, or from which Solid Waste or Designated Recyclables are created, produced or
accumulated shall:
its Authorized Collector; and
2. First segregate from Solid Waste and dispose of Designated Recyclables a
Designated Recycling Collection Locations established pursuant to Section 21.105.06(
otherwise through the City or its Authorized Recycling Agent; and
3. Pay therefor the fee or fees hereinafter established. B. Exceptions:
1. Upon submission of adequate proof to the Director, fees shall be refunded c
residential, commercial or industrial site has remained unoccupied for a continuous pe
least 90 days and therefore not utilized said Solid Waste Services.
2. If the Authorized Collector be unable to reasonably provide service to the pr
the property owner shall make arrangements to dispose of his/her/its own Solid Waste
Designated Recyclables at a Solid Waste Facility.
3. Nothing in this chapter limits the right of any Person to donate, sell, or other
dispose of his/her/its recyclable materials prior to placing said segregated recyclable n
the City-approved recycling area in City-approved designated recyclable receptacles.
1. Dispose of such Solid Waste through the regular Solid Waste Service of thf
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6.08.030 ReceDtacles aeneral Iv.
A. No Person shall deposit, keep or accumulate any Solid Waste in or upon any pI
private premises unless enclosed in watertight receptacles designed to contain Solid v\
which shall be of a type and size approved by the Director. Such receptacles shall be I
by and at the expense of the Person producing or accumulating such Solid Waste in SL
numbers to contain all Solid Waste which is produced or accumulated between succes
collections.
B. No Person shall deposit, keep or accumulate any Designated Recyclables in or
public or private premises unless enclosed within a recyclable receptacle of a type, sizc
color approved by the Director.
C. Said receptacles shall be kept in the rear or on the side of the premises or desic
enclosures, except as provided in 6.08.080.
6.08.040 Cleanliness of Solid Waste receptacles.
No Person shall allow grease or decomposing material to accumulate in the intr
the exterior of a Solid Waste receptacle. No Person shall allow water or other liquids tc
accumulate in the bottom of a Solid Waste receptacle in excess of a depth of one inch.
6.08.050 Solid Waste receDtacles to be kept covered.
No Person shall permit a Solid Waste receptacle to remain uncovered or open,
condition that flies or vermin may obtain access thereto, except when necessary to pla
Waste therein or remove Solid Waste therefrom, and when the cover is removed there
such purposes it shall be immediately replaced.
6.08.060 Residential Solid Waste receptacles-Size-Maximum weiqht.
Residential Solid Waste receptacles, when placed for collection, shall not excec
capacity of 30 gallons or 40 pounds and be adequate in strength so that same will not
when lifted.
6.08.070 Maximum residential collection.
No single-family residential Solid Waste Service customer shall place more tha Waste receptacles for collection. Households requiring additional service shall arrangt
special collection.
6.08.080 Placement of residential receptacles for collection.
Solid Waste and Designated Recyclables collected from single-family residenti:
shall be placed within five feet of the curb line of the public street, or if no such curb ex
five feet of the paved portion of the public street; in the event that the Solid Waste and
Designated Recyclables is to be collected from a public alley, the receptacle shall be p
within five feet of the edge of the right-of-way of such alley.
6.08.090 Unlawful olacement of Solid Waste.
No Person shall deposit or place any Solid Waste anywhere other than in an ai
Solid Waste receptacle under hidher control. Further, no Person shall abandon, store
and/or burn Solid Waste on public or private premises, with or without the property owl
permission, except at an authorized Solid Waste Facility.
6.08.1 00 Unhindered access to receDtacles. It is unlawful for any Person within the City to hinder access of the collectors to
Waste or Designated Recyclable receptacles.
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6.08.1 10 Special collection service.
The Authorized Collector shall provide for the collection of any Solid Waste or
Designated Recyclable material which requires special collection at a rate mutually agr
by the customer and the Authorized Collector, subject to the approval of the Director.
6.08.120 Bulkv item collection.
Any item to be discarded or recycled of such a large size and/or weight preclud
collection through the regular service shall be discarded or recycled through special co
service.
6.08.130 Shared service allowed.
At the sole discretion of the Director, multiple tenants within a single building or
may be allowed to share commercial bin service. Single-family residences and commc
customers shall not be allowed to share service.
6.08.140 MultiDle tenant residential service.
Multiple tenant residential complexes shall be allowed to utilize commercial bin
individual can service at the discretion of the owner. Multiple tenant residential comple
utilizing individual can service shall be charged the single-family fee per each unit.
6.08.1 50 Haulinq Solid Waste.
A. All Solid Waste, after collection, shall be removed and transported to a Solid W
Faci I i ty .
B. No Person shall haul, carry or transport any Solid Waste through the City or alc
over any public street or public place in the City except in water-tight vehicles so that tt
contents thereof are not offensive. Such vehicles, shall be so loaded and operated tha
their contents falls or spills therefrom, and every vehicle used for such purposes shall 1
a clean and sanitary condition.
6.08.160 Unauthorized collection (Scavenaina).
It is unlawful for any Person, other than an employee of the Authorized Collectc
employee of the City to collect, remove, or dispose of Solid Waste (including Designatc
Recyclables) in the City; provided, however, that nothing contained herein shall prever
of garbage disposal devices as regulated by the city plumbing code.
6.08.170 Contracts.
The City may enter into a contract or contracts under such terms or conditions l
agreed upon and as may be seen fit by the City for the collection and disposal of Solid
and Designated Recyclables within the City. No person shall engage in the business c
providing Solid Waste Services, except as provided in 6.08.0208, within the City withoi
a valid Solid Waste Services contract with the City.
6.08.180 Rate and fees for service.
The rates and fees to be paid for regular (excluding 6.08.1 IO) Solid Waste Sen
rendered shall be those rates and fees as established from time to time by resolution c
Council.
6.08.1 90 Payment of fees.
It is unlawful for any Person having Solid Waste (including Designated Recycla
collected and disposed of as herein provided, to willfully fail, neglect, or refuse after de
the City, or its duly authorized agent or employee, to pay the fees herein prescribed fo
The City and/or Authorized Collector may seek payment for delinquent accounts by an
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means available. In addition to all other remedies available by law or established by th
chapter, failure to pay after delinquency may result in suspension of service.
6.08.200 Liabilitv for Davment.
The obligation to pay Solid Waste Services fees is upon the legal owner or own
property served. Nothing in this section, however, shall prevent an arrangement under
payments for Solid Waste Services are made by a tenant or tenants, or any agent, on I
the owner, provided any such arrangement shall not affect the owner's obligation for p:
said fees.
6.08.21 0 Enforcement.
The Director shall be responsible for the enforcement of all provisions of this ch
Failure to comply with these regulations shall be an infraction and will be prosecuted ac
to the provisions of Chapter 1.08 of this code; however, nothing in these regulations st-
prevent the City's authorized agents or deputies from efforts to obtain voluntary compli
way of warning, notice of violation or educational means.
6.08.220 Savinqs Clause.
All code provisions, ordinances, and parts of ordinances in conflict with the pro\
this chapter are repealed. The provisions of this chapter, insofar as they are substanti
same as existing code provisions relating to the same subject matter shall be construe
restatements and continuations thereof and not as new enactments. With respect, hoc
violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective dat
provisions of such chapter, ordinance, or part of an ordinance shall be deemed to remi
force for the purpose of sustaining any proper suit, action, or other proceedings, with rt
any such violation, right, liability or appeal.
ordinance, under any chapter, ordinance, or part of an ordinance hereby otherwise rep
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adopti
the City Clerk shall certify the adoption of this ordinance and cause it to be published a
once in a newspaper of general circulation in the City of Carlsbad within fifteen days af
adoption.
INTRODUCED AND FIRST READ by the City Council of the City of Carlsbad a
, 1997, and thereaft1 regular meeting held on the day of
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsl
regular meeting held on the
to wit:
day of , 1997, by the folloh
AYES:
NOES:
ABSENT:
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APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
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