HomeMy WebLinkAbout2019-09-10; City Council; ; Introduce an Ordinance Amending Chapter 6.08 Relating to Solid Waste.generates four cubic yards or more of solid waste per week must arrange for recycling services.
AB 341 also set a State policy goal of 75% diversion of solid waste disposal by the year 2020.
Enacted in October 2014, AB 1826 (Mandatory Organics Recycling) requires local jurisdictions to
implement a mandatory commercial organics recycling program under which, beginning
January 1, 2019, a Business that generates four cubic yards or more of commercial solid waste
· per week must arrange for organic waste recycling services. Under AB 1826, if statewide
disposal of organic waste in 2020 is not reduced by 50% below the 2014 baseline disposal level,
Cal Recycle may extend organic recycling requirements to Businesses that generate two cubic
yards or more of commercial solid waste per week. Organic waste means green waste, such as
landscape materials, pruning waste, and nonhazardous wood waste, and food waste including
food-soiled paper waste that is mixed in with food waste. Organics are currently recycled either
by composting and mulching or anaerobic digestion, which can produce renewable energy. AB
1826 also set a State policy goal of 50% diversion of organics disposal by the year 2020.
Consistent with AB 341, the CMC currently requires individuals and businesses to source
separate their recyclable materials from solid waste prior to disposal, and to recycle those
materials in appropriate recycling containers. To further align CMC requirements with State
solid waste laws, the proposed amendments would: (1) consistent with AB 341, require a
Business to submit an annual recycling report to the city if they do not receive recycling services
from the city's franchise hauler and they self-haul their materials; (2) consistent with AB 341,
require the responsible person of a multifamily residential complex or commercial premises to
provide recycling program eduction to occupants, on-site recycling services, a sufficient number
of on-site containers, and to place containers in convenient locations; and (3) consistent with
AB 1826, require a Business to recycle their organic waste and to submit an annual recycling
report to the city if they do not receive organic waste recycling services from the city's franchise
hauler, and they self-haul or recycle on-site.
The amendments also include requirements related to special events recycling, compost
systems, placement of commercial grease or cooking oil in recycling containers, and the
issuance of administrative regulations consistent with Chapter 6.08. Once adopted, the city
could administratively enforce these provisions. Below are the main proposed amendments:
6.08.010 {A): Existing definitions updated for consistency with the California Public Resources
Code, and new definitions added for "commercial premises", "event promoter", "multifamily
dwelling", "multifamily residential complex", "premises", "recycling facility", "residential
premises", "responsible person", "self-haul", "single family dwelling", "single family residential
premises", and "special event", to align defined terms with new provisions in the Chapter.
6.08.020 (A): Added a reference to organic waste to align with the new organic waste recycling
requirements described in section 6.08.024.
6.08.020 {C) (3): Consistent with AB 341, added language to require the responsible person for
a commercial premises or multi-family residential complex to submit an annual recycling report
to the city, if they self-haul their recyclable materials.
Sept. 10, 2019 Item #8 Page 2 of 29
6.08.022: Consistent with AB 341, added language to require the responsible person for a
commercial premises or multi-family residential complex to provide a recycling program that
includes on-site recycling services, an adequate number of containers placed conveniently, and
recycling program education for occupants.
6.08.024: Consistent with AB 1826, added language to require the responsible person for a
Business that generates four cubic yards or more of commercial solid waste per week to
arrange for organic waste recycling services, and to submit an annual recycling report to the
city if they self-haul or recycle their organic waste on-site.
6.08.026: Added language describing on-site recycling requirements for special events
permitted under CMC Chapter 8.17.
6.08.030 (D): Added language to prohibit the disposal of commercial grease or cooking oil in a
container intended for recyclable materials, to prevent contamination of recyclable materials.
6.08.055: Added language to prohibit composting activities that constitute a public nuisance
and the placement of a compost system within six feet of an exterior window, door or entrance
of a residential structure not owned by the owner of the compost system.
6.08.215: Added language to delegate authority to the city manager to issue administrative
guidelines consistent with, and that further the requirements, of Chapter 6.08.
Fiscal Analysis
An amendment of the solid waste ordinance will have no foreseeable fiscal impact to the city;
however, implementation activities may impact city departments such as Building, Code
Enforcement, Parks & Recreation, and Public Works. Funding for these activities will be
approved by City Council through the annual budgeting process.
Next Steps
The amended ordinance will become effective 30 days after City Council adoption.
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code Section 21065, this action does not constitute a "project"
within the meaning of the California Environmental Quality Act (CEQA) in that it has no
potential to cause either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the environment, and therefore does not require
environmental review.
Public Notification and Outreach
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to scheduled meeting date.
Exhibits
1. City Council Ordinance.
2. Redline/strikeout version of the Ordinance.
Sept. 10, 2019 Item #8 Page 3 of 29
ORDINANCE NO. CS-359
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CHAPTER 6.08 OF THE CARLSBAD MUNICIPAL
CODE REGULATING SOLID WASTE.
EXHIBIT 1
WHEREAS, the California Integrated Waste Management Act of 1989 (AB 939), which was
passed in response to the State of California's increasing waste stream and limited landfill capacity,
requires the City of Carlsbad (City) to reduce the amount of its waste disposed of in landfills to no more
than 50% of the City's total waste stream; and
WHEREAS, Assembly Bill 341 (AB 341) requires the City to implement a mandatory commercial
recycling program under which, beginning on July 1, 2012, any business or any multi-family residential
dwelling of five or more units (Business) that generates four cubic yards or more of solid waste per
week must arrange for recycling services; and
WHEREAS, Assembly Bill 1826 (AB 1826) requires the City to implement a mandatory
commercial organics recycling program under which, beginning on January 1, 2019, a Business that
generates four cubic yards or more of commercial solid waste per week must arrange for organic waste
recycling services; and
WHEREAS, the City's local solid waste regulations, codified at Carlsbad Municipal Code Chapter
6.08, currently require those that receive regular solid waste service from the City's designated
franchise hauler to segregate recyclable materials from solid waste and to recycle such materials in
designated recycling containers; and
WHEREAS, the City desires to incorporate mandatory commercial organics recycling
requirements, consistent with AB 1826, into the Carlsbad Municipal Code to permit for local
enforcement of organic waste recycling and reporting requirements.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows:
SECTION I: The above recitations are true and correct.
SECTION II: That Carlsbad Municipal Code Title 6, Chapter 6.08 Solid Waste is amended to
read as follows:
Sept. 10, 2019 Item #8 Page 4 of 29
Sections:
6.08.010 Definitions.
EXHIBIT 1
Chapter 6.08
SOLID WASTE
6.08.020 Required solid waste/recyclable materials/green waste handling.
6.08.022 Requirements for multifamily residential complexes and commercial
premises.
6.08.024 Mandatory organic waste recycling.
6.08.026 Requirements for special events.
6.08.030 Containers generally.
6.08.040 Cleanliness of solid waste containers.
6.08.045 Cleanliness of solid waste container areas or enclosures.
6.08.050 Solid waste containers to be kept covered.
6.08.055 Composting.
6.08.060 Residential solid waste carts-Maximum weight.
6.08.070 Maximum residential collection.
6.08.080 Placement of residential carts for collection.
6.08.090 Timing of placement of residential carts for collection.
6.08.100 Unlawful placement of solid waste.
6.08.110 Unhindered access to containers.
6.08.120 Special collection service.
6.08.130 Bulky waste collection.
6.08.140 Shared service allowed.
6.08.150 Multiple tenant residential service.
6.08.160 Hauling solid waste.
6.08.170 Unauthorized collection (scavenging).
6.08.180 Contracts.
6.08.190 Rate and fees for service.
6.08.200 Payment of fees.
6.08.210 Liability for payment.
Sept. 10, 2019 Item #8 Page 5 of 29
6.08.215 Administrative regulations.
6.08.220 Enforcement.
6.08.230 Savings clause.
6.08.010 Definitions.
EXHIBIT l
A. For purposes of this chapter the following words and phrases shall have the
meanings respectively ascribed to them by this section, unless it is obvious from the
context that another meaning is intended:
"Bin" means a metal or rigid plastic container provided by the city or its franchisee
with a capacity of less than 10 cubic yards, equipped with a lid, capable of containing
all pollutants within, and designed for mechanical pick-up by collection vehicles.
"Bulky waste" means solid waste that cannot and/or would not typically be
accommodated within a cart, such as furniture and appliances. Bulky waste does not
include exempt waste.
"Cart" means a plastic container provided by the city or its franchisee with a hinged
lid and wheels serviced by an automated truck with a capacity of no less than 30 and
no greater than 101 gallons.
"City" or "City of Carlsbad" means the incorporated territory of the City of Carlsbad.
"Commercial premises" means premises upon which business activity is conducted,
including but not limited to retail sales, services, wholesale operations,
manufacturing and industrial operations, but excluding residential premises upon
which business activities are conducted when such activities are permitted under
applicable zoning regulations and are not the primary use of the property.
"Compost" has the same meaning as set forth in Public Resources Code section
40116, as it may be amended from time to time.
"Construction and demolition debris" means solid waste generated at a premises
that is directly related to construction, remodeling, repair or demolition activities
occurring thereon.
"Container" means collectively the carts, bins or roll-off box furnished by the city or
franchisee used for storage of solid waste, recyclable materials and green waste
prior to collection.
"Director" means the city's public works director or designee, or other city official as
designated by the city manager.
Sept. 10, 2019 Item #8 Page 6 of 29
EXHIBIT 1
"Diversion" has the same meaning as set forth in Public Resources Code section
40124, as it may be amended from time to time.
"Event promoter" has the same meaning as set forth in Carlsbad Municipal Code
section 8.17.020, as it may be amended from time to time.
"Exempt waste" means biohazardous or biomedical waste, hazardous waste, sludge,
designated waste, stable matter, waste tires, liquid wastes, green waste or lumber
that is more than four feet in length in its longest dimension or two feet in diameter,
automobiles, automobile parts, boats, boat parts, trailers, internal combustion
engines, lead-acid batteries, and those wastes under the control of the nuclear
regulatory commission.
"Franchisee" means any person, persons, firm or corporation to whom a franchise
has been granted by the city for the collection, processing, recycling and disposal of
solid waste.
"Green waste" means any vegetative matter resulting from normal yard and
landscaping maintenance that is not more than four feet in its longest dimension or
six inches in diameter. Green waste includes plant debris, such as grass clippings,
leaves, pruning, weeds, branches, brush, holiday trees, and other forms of organic
waste that is generated at the premises wherein the green waste is collected. Green
waste does not include materials not normally produced from gardens or landscape
areas, such as brick, rock, gravel, large quantities of dirt, concrete, sod, non-organic
wastes, oil, and painted or treated wood products.
"Hazardous waste" has the same meaning as set forth in Public Resources Code
section 40141, as it may be amended from time to time.
"Multifamily dwelling" means a distinct living unit within a multifamily residential
complex.
"Multifamily residential complex" means any building or structure, or portion
thereof, located in the city which is used for residential housing purposes,
irrespective of whether residency at that property is transient, temporary, or
permanent, and having four or more distinct living units.
"Organic Waste" has the same meaning as set forth in Public Resources Code section
42649.B(c), as it may be amended from time to time.
"Person" includes any person, firm, association, organization, partnership, business
trust, joint venture, corporation, or company and includes the United States, the
State of California, the County of San Diego, the City of Carlsbad, cities, districts, and
any officer or agency thereof.
"Pollutants" means and includes, but is not limited to, solid waste, sewage, garbage,
medical waste, wrecked or discarded equipment, radioactive materials, dredged
Sept. 10, 2019 Item #8 Page 7 of 29
EXHIBIT 1
spoil, rock, sand, sediment, silt, industrial waste, and any organic or inorganic
substance defined as a pollutant under 40 CFR 122.2 whose presence degrades the
quality of the receiving waters in violation of basin plan and California ocean plan
standards such as fecal coliform, fecal streptococcus, enterococcus, volatile organic
carbon, surfactants, oil and grease, petroleum hydrocarbons, total organic carbon,
lead, copper, chromium, cadmium, silver, nickel, zinc, cyanides, phenols, fertilizers,
pesticides, herbicides and other biocides. A pollutant also includes any contaminant
which degrades the quality of the receiving waters in violation of basin plan and
California ocean plan standards by altering any of the following parameters: pH,
total suspended and settleable solids, biochemical oxygen demand (BOD), chemical
oxygen demand (COD), nutrients, temperature, and other narrative standards of the
basin plan.
"Premises" means any land or building where solid waste is generated or
accumulated.
"Recyclable materials" means those materials that are capable of being recycled.
Recyclable materials include but are not limited to: organic waste, green waste,
newsprint (including inserts); mixed paper (including magazines, catalogs,
envelopes, junk mail, corrugated cardboard, Kraft brown bags and paper,
paperboard, paper egg cartons, office ledger paper, and telephone books); glass
containers; aluminum beverage containers; small scrap and cast aluminum (not
exceeding 10 pounds in weight nor two feet in any dimension for any single item);
steel including "tin" cans and small scrap (not exceeding 10 pounds in weight nor
two feet in any dimension for any single item); bimetal containers; mixed plastics
including, but not limited to, plastic containers {1-7), and bottles including
containers made of HDPE, LDPE, PET, or PVC; and aseptic containers. Polystyrene
peanuts and film plastic, including plastic bags are specifically excluded from
collection and processing.
"Recycling" has the same meaning as set forth in Public Resources Code section
40180, as it may be amended from time to time.
"Recycling facility" means a recycling, composting, or materials recovery or reuse
facility.
"Residential premises" means premises upon which a single family dwelling or
multifamily dwellings exist, including but not limited to apartments, boarding or
rooming houses, condominiums, mobile homes, efficiency, and second units.
"Responsible person" means the individual or entity responsible for the
management of solid waste or recyclable materials for disposal or recycling at a
residential or commercial premises.
"Roll-off box" means a metal container with a capacity of 10 or more cubic yards,
capable of containing all pollutants within, that is normally loaded onto a motor
vehicle.
Sept. 10, 2019 Item #8 Page 8 of 29
EXHIBIT 1
"Self-haul" means the process of personally, or through one's owri full-time
employees, collecting, transporting, and delivering one's own solid waste or
recyclable materials.
"Single family dwelling" means a distinct living unit within a single family residential
premises.
"Single family residential premises" means any building or structure, or portion
thereof, in the city which is used for residential housing purposes, irrespective of
whether residence therein is transient, temporary or permanent, and having three
or fewer distinct living units, in which each living unit of the premises receives
individual solid waste collection service using carts.
"Solid waste" means all discarded putrescible and non-putrescible solid, semisolid,
and liquid wastes, including refuse, construction and demolition debris, bulky waste,
recyclable materials, including but not limited to green waste and organic waste, or
any combination thereof, and which are included in the definition of "non-hazardous
solid waste" set forth in the California Code of Regulations. Solid waste does not
include exempt waste.
"Solid waste facility" means a solid waste transfer or processing station, a
composting facility, a transformation facility, or a disposal facility as approved by the
city.
"Solid waste service" means the collection, transport and disposal of solid waste and
recyclable materials, including but not limited to green waste and organic waste.
"Special event" has the same meaning as set forth in Carlsbad Municipal Code
section 8.17.020, as it may be amended from time to time.
"Stormwater" has the same meaning as set forth in Carlsbad Municipal Code section
15.04.020, as it may be amended from time to time.
"Stormwater conveyance system" has the same meaning as set forth in Carlsbad
Municipal Code section 15.04.020, as it may be amended from time to time.
B. Any other term that is defined by Division 30 (Waste Management) of the California
Public Resources Code (commencing with Section 4000) that is used but not otherwise
defined in this chapter shall have the meaning established by the Public Resources Code,
to the extent meaning is not inconsistent with the context of the usage in this chapter
and does not conflict with the approved franchise.
6.08.020 Required solid waste/recyclable materials/green waste handling.
A. Every person in possession, charge or control of any place or premises in the city in,
upon, or from which solid waste and recyclable materials, including green waste and
organic waste, are created, produced or accumulated shall:
Sept. 10, 2019 Item #8 Page 9 of 29
EXHIBIT 1
1. Dispose of such solid waste through the regular solid waste service of the city or
its franchisee; and
2. First segregate from solid waste and dispose of recyclable materials, including
green waste and, if necessary to comply with section 6.08.024, organic waste, in
recycling, green waste, and organic waste containers, as appropriate; and
3. Pay therefor the fee or fees hereinafter established.
B. The collection of solid waste shall occur at least once per week.
C. Exceptions.
1. If the franchisee is unable to reasonably provide service to the premises, the
responsible person shall make arrangements to dispose of the solid waste generated
at, or accumulated on, the premises at a solid waste facility, and to deliver the
recyclable materials, including green waste and, if necessary to comply with section
6.08.024, organic waste, generated at, or accumulated on, the premises to a
recycling facility.
2. Nothing in this chapter limits the right of any person to donate or sell his/her/its
recyclable materials in lieu of placing said recyclable materials in recycling containers
for collection.
D. The responsible person for a commercial premises or a multifamily residential
complex that does not receive regular recyclable materials collection from the city or its
franchisee under sections 6.08.020{C)(1) or (2) shall submit an annual recycling report
to the city by October 1 of each year, on a form or using a format prescribed by the city
manager. This annual recycling report does not include any organic waste reporting
pursuant to section 6.08.024. Annual reports shall include the following information for
the period June 30 through July 1 of the immediately preceding twelve-month period:
1. The name of the responsible person(s) for the premises.
2. The address for the premises.
3. The volume in cubic yards or gallons, measured by the size of the containers in
use at the premises, of recyclable materials, including green waste, recycled through
self-hauling or other means.
4. Additional information as required by the city manager.
6.08.022 Requirements for multifamily residential complexes and commercial
premises.
A. The responsible person for any multifamily residential complex or commercial
premises must do all of the following:
Sept. 10, 2019 Item #8 Page 10 of 29
EXHIBIT 1
1. Provide on-site source separated collection of recyclable materials to the
occupants of the complex or premises.
2. Provide a sufficient number and type of containers at the property to contain the
solid waste generated by the occupants of the complex or premises.
3. Place recycling containers in convenient locations for use by occupants of the
property, which means placement of recycling containers adjacent to, or in the
immediate vicinity of, solid waste containers in disposal areas. The responsible
person must pair recycling containers with solid waste containers of equivalent
volume capacity at each disposal area.
4. Educate the occupants of the multifamily residential complex or commercial
premises about the recycling services as follows:
a. The responsible person must annually distribute recycling program
information to all occupants that describes the types of recyclable materials
accepted, the location of recyclable materials containers, and the occupant's
responsibility to recycle pursuant to this chapter;
b. The responsible person must provide occupants with the recycling program
information upon their first occupancy or use of the complex or premises; and
c. The responsible person must provide occupants with updated recycling
program information upon any change in recycling service to the multifamily
residential complex or commercial premises.
B. Occupants of a multifamily residential complex or commercial premises must
participate in the recycling program provided by the responsible person by separating
recyclable materials from other solid waste and depositing the recyclable materials in
the on-site recycling containers.
6.08.024 Mandatory organic waste recycling.
A. For purposes of section 6.08.024, the following additional definitions shall apply:
1. "Business" means a commercial or public entity, including but not limited to a
firm, partnership, proprietorship, joint stock company, corporation, or association
that is organized as a for-profit or nonprofit entity, or a multifamily residential
dwelling of five or more units.
2. "Commercial solid waste" means all types of solid waste generated by a
business.
B. The responsible person for a business that generates four cubic yards or more of
commercial solid waste per week shall arrange for organic waste recycling services as
described in section 6.08.024(D).
Sept. 10, 2019 Item #8 Page 11 of 29
EXHIBIT I
C. On or after January 1, 2020, if the California Department of Resources Recycling and
Recovery requires additional organic waste diversion pursuant to Public Resources Code
section 42649.81(a)(4), the responsible person for a business that generates two cubic
yards or more of commercial solid waste per week shall arrange for organic waste
recycling services as described in section 6.08.024(D). The actual effective date of this
section shall occur after the city has provided the public 30 calendar days' advance
notice by placing a display advertisement in a newspaper of general daily circulation
within the city.
D. Organic waste recycling services shall consist of at least one of the following:
1. Source separating organic waste from other solid waste and subscribing to a
basic level of organic waste recycling service that includes collection and recycling
of organic waste.
2. Recycling organic waste on-site or self-hauling organic waste for recycling; or
3. Subscribing to an organic waste recycling service that may include mixed waste
processing that specifically recycles organic waste.
E. In accordance with Public Resources Code section 42649.81{f)(2), a business that is
a multifamily dwelling of five or more units is not required to arrange for organic waste
recycling services for food waste.
F. The responsible person for a business that complies with section 6.08.024(D)
through means other than subscribing to an organic waste recycling service provided by
the city's franchise hauler must provide an annual report to the city by October 1 of each
year, on a form or using a format prescribed by the city manager, to certify compliance
through on-site recycling or self-hauling. Annual reports shall include the following
information for the period of June 30 to July 1 of the immediately preceding twelve-
month period:
1. The name of the responsible person(s) for the business.
2. The name and address for the business.
3. The volume in cubic yards or gallons, measured by the size of the containers in
use at the business, of organic waste recycled on-site through self-hauling or other
means.
4. Additional information as required by the city manager.
G. No person shall deposit solid waste that is not organic waste in a container
designated for organic waste.
Sept. 10, 2019 Item #8 Page 12 of 29
EXHIBIT 1
6.08.026 Requirements for special events.
A. The event promoter of a special event permitted under chapter 8.17 must provide a
level of solid waste service sufficient to contain the solid waste generated at the special
event.
B. The event promoter shall provide containers at convenient locations at the special
event to facilitate the source separation of solid waste and recyclable materials by event
employees, vendors, and attendees. Convenient locations means that solid waste
containers and recycling containers are placed next to one another throughout the
special event venue. The event promoter must pair recycling containers with solid waste
containers of equivalent volume capacity at each disposal area in the special event
venue.
C. All containers must be clearly identified as either a solid waste or recycling container
and must include signage that describes the types of materials that may be deposited in
the container.
6.08.030 Containers generally.
A. No person shall deposit, keep or accumulate any solid waste in or upon any public
or private premises unless enclosed in containers. Such containers shall be provided by
the franchisee. The containers will remain the property of the franchisee. Every person
occupying or having control of any such premises shall insure that a sufficient number
of containers are available to properly store all solid waste generated at said premises.
B. No person shall deposit, keep or accumulate any recyclable materials in or upon any
public or private premises unless enclosed within a recycling container.
C. Such containers shall be kept in the rear or on the side of the premises or in
designated enclosures, except as provided in Section 6.08.080, or as approved by the
director.
D. No person shall dispose of commercial grease or cooking oil in a container intended
for recyclable materials.
6.08.040 Cleanliness of solid waste containers.
No person shall allow grease or decomposing material to accumulate in the interior or
on the exterior of a solid waste container. No person shall allow water or other liquids
to accumulate in the bottom of a solid waste container in excess of a depth of one inch.
6.08.045 Cleanliness of solid waste container areas or enclosures.
No person shall allow pollutants or liquids to accumulate around or on solid waste
enclosures or around and/or under solid waste containers such that stormwater will
carry these pollutants or liquids to the stormwater conveyance system.
Sept. 10, 2019 Item #8 Page 13 of 29
EXHIBIT I
6.08.050 Solid waste containers to be kept covered.
No person shall permit a solid waste container to remain uncovered or open, or in such
condition that insects or vermin may obtain access thereto, except when necessary to
place solid waste therein or remove solid waste therefrom, and when the cover is
removed therefrom for such purposes it shall be immediately replaced.
6.08.055 Composting.
Every compost pile, bin, holding area or other compost system shall be maintained so
as to not create a public nuisance. No compost pile, bin, holding area or other compost
system shall be maintained within six feet from an exterior window, exterior door or
other exterior entrance to an inhabited residential structure other than one owned by
the owner of the compost system.
6.08.060 Residential solid waste carts-Maximum weight.
Residential solid waste carts, when placed for collection, shall not be at a weight greater
than the cart manufacturer's recommended maximum weight.
6.08.070 Maximum residential collection.
Solid waste and recyclable materials, including green waste, when placed for collection,
shall fit entirely within the confines of the carts with lids securely shut. The franchisee
shall not be obligated to collect solid waste and recyclable materials, including green
waste, that is placed outside of said carts. Households requiring additional service shall
arrange for special collection.
6.08.080 Placement of residential carts for collection.
Solid waste, recyclable materials and green waste carts from single-family residential
units shall be placed in the street with the wheels against the curb, or if no such curb
exists, within the gutter of the public street; in the event that the solid waste and
recyclable materials, including green waste, are to be collected from a public alley, the
carts shall be placed within five feet of the edge of the right-of-way of such alley. Carts
shall be positioned with handles facing away from the street or right-of-way. Carts must
be placed at least two feet away from obstacles such as trees, vehicles and mailboxes,
one foot away from other carts, and clear from any overhead obstructions such as tree
limbs.
6.08.090 Timing of placement of residential carts for collection.
Solid waste, recyclable materials and green waste carts must be placed for collection
between the hours of 6:00 p.m. on the day prior to collection and 6:00 a.m. of the day
of collection. Carts shall be removed no later than 12:00 a.m. of the day of collection.
Sept. 10, 2019 Item #8 Page 14 of 29
EXHIBIT I
6.08.100 Unlawful placement of solid waste.
No person shall deposit or place any solid waste anywhere other than in an approved
solid waste container under his or her control. Further, no person shall abandon, store,
bury, and/or burn solid waste on public or private premises, with or without the
property owner's permission, except at an authorized solid waste facility.
6.08.110 Unhindered access to containers.
It is unlawful for any person within the city to hinder access of the franchisee to the solid
waste, recyclable materials or green waste containers.
6.08.120 Special collection service.
The franchisee shall provide for the collection of any solid waste and recyclable
materials, including green waste, which requires special collection. If the special service
is not identified in the city's contract with the franchisee, the franchisee shall provide
the service at a rate mutually agreed upon by the customer and the franchisee.
Customers shall contract the city's franchisee to arrange for such services.
6.08.130 Bulky waste collection.
Bulky waste shall be discarded or recycled through special collection service.
6.08.140 Shared service allowed.
Multiple tenants within a single building or complex may be allowed to share bin service.
Customers utilizing carts shall not be allowed to share service, except at the sole
discretion of the director.
6.08.150 Multiple tenant residential service.
Multiple tenant residential complexes shall be allowed to utilize bin service or individual
cart service at the discretion of the owner or property manager. Multiple tenant
residential complexes utilizing individual cart service shall be charged the single-family
fee per each unit.
6.08.160 Hauling solid waste.
A. All solid waste, after collection, shall be removed and transported to a solid waste
facility.
B. No person shall haul, carry or transport any solid waste through the city or along or
over any public street or public place in the city except in water-tight vehicles so that
the contents thereof are not offensive. Such vehicles shall be so loaded and operated
that none of their contents falls or spills therefrom, and every vehicle used for such
purposes shall be kept in a clean and sanitary condition.
Sept. 10, 2019 Item #8 Page 15 of 29
EXHIBIT 1
6.08.170 Unauthorized collection (scavenging).
It is unlawful for any person, other than an employee of the franchisee or an employee
of the city to collect, remove, or dispose of solid waste (including recyclable materials)
in the city; provided, however, that nothing contained herein shall prevent the use of
garbage disposal devices as regulated by the city plumbing code.
6.08.180 Contracts.
The city may enter into a contract or contracts under such terms or conditions as may
be agreed upon and as may be seen fit by the city for the collection and disposal of solid
waste and recyclable materials, including green waste, within the city. No person shall
engage in the business of providing solid waste services, except as provided in Section
6.08.020(C), within the city without having a valid solid waste services contract with the
city.
6.08.190 Rate and fees for service.
The rates and fees to be paid for regular (excluding Section 6.08.120) solid waste
services rendered shall be those rates and fees as established from time to time by
resolution of the city council.
6.08.200 Payment of fees.
It is unlawful for any person having solid waste collected and disposed of as herein
provided, to willfully fail, neglect, or refuse after demand by the city, or its duly
authorized agent or employee, to pay the fees herein prescribed for services. The city
and/or franchisee may seek payment for delinquent accounts by any legal means
available. In addition to all other remedies available by law or established by this
chapter, failure to pay after delinquency may result in suspension of service.
6.08.210 Liability for payment.
The obligation to pay solid waste services fees is upon the legal owner or owners of the
property served. Nothing in this section, however, shall prevent an arrangement under
which payments for solid waste services are made by a tenant or tenants, or any agent,
on behalf of the owner, provided any such arrangement shall not affect the owner's
obligation for payment of such fees.
6.08.215 Administrative regulations.
The city manager may adopt administrative regulations that are consistent with and that
further the terms and requirements set forth within this chapter. All such administrative
regulations must be in writing.
Sept. 10, 2019 Item #8 Page 16 of 29
EXHIBIT 1
6.08.220 Enforcement.
The director shall be responsible for the enforcement of all provisions of this chapter.
Failure to comply with these regulations shall be an infraction. Nothing in these
regulations shall prevent the city's authorized agents or deputies from efforts to obtain
compliance by way of warning, notice of violation, educational means or other civil or
administrative remedies available under this code or other applicable law.
6.08.230 Savings clause.
All code provisions, ordinances, and parts of ordinances in conflict with the provisions
of this chapter are repealed. The provisions of this chapter, insofar as they are
substantially the same as existing code provisions relating to the same subject matter
shall be construed as restatements and continuations thereof and not as new
enactments. With respect, however, to violations, rights accrued, liabilities accrued, or
appeals taken, prior to the effective date of the ordinance codified in this chapter, under
any chapter, ordinance, or part of an ordinance hereby otherwise repealed, all
provisions of such chapter, ordinance, or part of an ordinance shall be deemed to remain
in full force for the purpose of sustaining any proper suit, action, or other proceedings,
with respect to any such violation, right, liability or appeal.
Sept. 10, 2019 Item #8 Page 17 of 29
EXHIBIT 1
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City
Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary
of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 10th day
of September 2019, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the_ day of ___ _, 2019, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
Sept. 10, 2019 Item #8 Page 18 of 29
EXHIBIT 2
"Franchisee" means any person, persons~ firm or corporation to whom a franchise has been
granted by the city for the collection, processing, recycling and disposal of solid waste.
"Green waste" means any vegetative matter resulting from normal yard and landscaping
maintenance that is not more than four feet in its longest dimension or six inches in diameter.
Green waste includes plant debris, such as grass clippings, leaves, pruning, weeds, branches,
brush, holiday trees, and other forms of organic waste that is generated at the premises wherein
the green waste is collected. Green waste does not include materials not normally produced
from gardens or landscape areas, such as brick, rock, gravel, large quantities of dirt, concrete,
sod, non-organic wastes, oil, and painted or treated wood products.
"Hazardous waste" has the same meaning as set fo1th in Public Resources Code section 40141.
as it may be amended from time to time.
"Multifamily dwelling" means a distinct living unit within a multifamily residential cbmplex.
"Multifamily residential complex" means any building or structure, or portion thereof. located
in the city which is used for residential housing purposes. irrespective of whether residency at
«J@WtMtproperty is tttiri§r&i(flefnporary. or perrfi?~11t, and havir/gicfut-<6~ in;~e Bi~&ict?:Iifilitgl~ ,,~; ftt:t:~::;.~JriltS/?• ·.. :ttr-·~•-•~•:e~i·. tftiti ii;{(' •, •. , <h,'./.:1:,~:•~-rmt:<'" Y/ .;,
','~ ·X-.• N, r'-"• .'.' •'$SY,. pX•, t ~• ','-'/0 IN•') 11~ "Orgahfc:l-'Waste'~~licis the sariie,meaning as:Cset :forth in Public::R'esources Code sectioif{~:~ ~00 . ·:'°i•~~'. • ~◊-:;•._,.; :?: ·: . r.,:,;,«~ ,:,,-::&~ V~-::~ ,'Z,i:.~_"./2 f.fa 42649.8(:e~i as 1t :fffay be amended from t1rrte;to ~nne. ~:;) ~~t,
:-=:.«<:~ ~·::~:-;~, :::?:::;~ -~>.l>.~.; _y~~-*f:i: 'i<~:=~~:· iMt?: t::JB "Person:{includ~§'lany persoii}firm, assofiation, otganization~j ~artnership, business tfuk joint .. ;;~:,>:::'. ,:,,· ,/',?< •!❖~j;:.;.x-:-•-~.'.❖/-~¼"/,". ,{-"/f-( ::<,:;,~~ '~•,,-. (,;,_ , •. .,_,, _ • .,. -. . , ., . ,_ ''\~~9, ::;:;f: venture, :co"tporati(:m"fqi/cof:if pany and includes the,);;:pited St~t~sf,;tlie :State of Califoi;nia., the
:;;;:~/ Y--.,..Y..-:: ~-x.~ .. ~·n:.;-%"◊_~ .'.:·. Y--<?:.;J •;:?.(.,,.,'; 'l❖•-:hi'.•::,.,,1;.-❖ .}'/ -, . :-:YP.z. w County 6fSan :Pieg9:':tne ,eity of Carls!i~fl, cities, Zo_i~tricts, ana.Mf''officer or agency;;tfiereof.
~1 #J.t tt::~~ •~'t?¼ .. ~~&?,-• .. ••~ ~-½~1:J:~~ ~j}J ~::~1 I "Pollut®.ff me3Pf f1nd incl~x~fS, but W~tt ~w ti <K\1t mlid 1~;.Je, sewage, garbage,~~dical
:~.::f.?j waste,iwt¢cked qf,_d;iscarded_:equipment~§faffioactivefm aterial$; µredged spoil, rock, s~, Hi) sediqf~"fff;' silt, inijfil'trial wa~f~f'.'~nd aA{/brganic or iJf}~anic i¼lstance defined as a [$Ji utant :~-,.-;,,·; >"'-"~,.,.,i%:i; .... : > ,:✓,0:-: '~-:..f1.:_~;,_ .;j:-Y;. ?<l~··c;_ · ,,,.❖.: ;,c~?.~~ :;lf" ~:;, ')thd~t,:ao CFR q2.g whose pr~$.~ncej legrades the quftlj'cy of i;Q~:receiving waters in &Wlation ·-~ f<"",;?..(;~-~? ,-~~.,... Y//2~ ":·✓.,. ,..~_½.,,.,.-••:;f•' ~.,,}')
. , z~&f-:Basin plan and.'.(falifomia obefih p'l'fill standards such';ii§ fec~J:coliform, fecal streptcYBbccus,
enterococcus, volatile organic carbon, surfactants, oil and grease, petroleum hydrocarbons,
total organic carbon, lead, copper, chromium, cadmium, silver, nickel, zinc, cyanides, phenols,
fertilizers, pesticides, herbicides and other biocides. A pollutant also includes any contaminant
which degrades the quality of the receiving waters in violation of basin plan and California
ocean plan standards by altering any of the following parameters: pH, total suspended and
settleable solids, biochemical oxygen demand (BOD), chemical oxygen demand (COD),
nutrients, temperature, and other narrative standards of the basin plan.
"Premises" means any land or building where solid waste is generated or accumulated.
"Recyclable materials" means those materials that are recyclable and/or reusablecapable of
being recycled. Recyclable materials include but are not limited to: organic waste. green waste.
newsprint (including inserts); mixed paper (including magazines, catalogs, envelopes, junk
mail, corrugated cardboard, Kraft brown bags and paper, paperboard, paper egg cartons, office
ledger paper, and telephone books); glass containers; aluminum beverage containers; small
scrap and cast aluminum (not exceeding 10 pounds in weight nor two feet in any dimension for
any single item); steel including "tin" cans and small scrap (not exceeding 10 pounds in weight
nor two feet in any dimension for any single item); bimetal containers; mixed plastics
including, but not limited to, plastic containers (1-7), and bottles including containers made
Sept. 10, 2019 Item #8 Page 21 of 29
EXHIBIT 2
"Storrnwater conveyance system" has the same meaning as set forth in Carlsbad Municipal
Code section 15 .04.020, as it may be amended from time to time. means private, natural and
publicly owned facilities v,rithin the City of Carlsbad by •nrhich stonmvater may be conveyed to
receiving waters of the United States, including any roads with drainage systems, streets, catch
basins, curbs, g11tters, ditches, pipes, natural and man made channels or stom1 drains.
B. Any other term that is defined by Division 30 (Waste Management) of the California Public
Resources Code (commencing with Section 4000) that is used but not otherwise defined in this
chapter shall have the meaning established by the Public Resources Code, to the extent meaning is
not inconsistent with the context of the usage in this chapter and does not conflict with the approved
franchise.
6.08.020 Required solid waste/recyclable materials/green waste handling.
A. Every person in possession, charge or control of any place or premises in the city in,
,•.;,:. !-:!,RQn, or from whicq ~9lid, waste and, recyclabl~.materials, &including gt;~yl.). w~s~y and organic .,. ?~~~f:»ffi· t-~ d , ;:-; ·d·.,f .,;,:dz1%,, 1 d h>Y-'1·1"f•, ?:. -;:c • '· • ,... ::::'.l:c::::i';:~:«W~:::;:::,z:-:-;x}~:t:: x;,;,.,-:::-« aste. ar,e create , prQ u~e or accumu ate s a :. , 0·:;, ,. : ::::;;:~:::*,::=.z.•2J'~U:·::•.~::: .. :><rY.:-;t,t',t,c.f-,!.•:Y-".7.,.,._n·;~•,. •--:~:-'..i'.,,,,.,/✓~:«'?'.·~/✓ fj,y"''h;;;,?": /' ,: ✓ "'1-•• ' -...; •• ..-..:::✓-{~~·~p,.,...✓-,,~·-,.,.;;.:.:-:,:::-:-:-❖• •. •'%•.•.,~ YY,"?",.✓ 1/_.. ••• "4.,.-l◊},;J' «> !<":-v. ~ ( • <1 &:'"«$! ~:H ::'f:=c,J;. Dispcise of sucli ·s'olid waste through the regular,solid waste service of tire, city or*&j ?X:,/ · . ~.,,❖:.,: if~",<~ !('t'; »~ ,. ~ . 7~·,.:~~ ffi 1tf frf,l.nch1s~e;~and t:jf 4' '&/.:: ?<' rt? -,;; ... ..-..: :;,,: ' ~.I ;--..-:::-,:y y.,., .,/ !:~., .... ~ .:;,?/,?,• ' ., 0 ;,,:;iy :r7~ ~-~•':-'/: •·•-1;s,-;,;-• ;_.;, ;(.Jj2-' ½~!❖:• 1&,,-. ~-->X< ~x:;:; 2.·:v:f. Fid t :egregat~ffdm solid \Y<J,Ste arifl::<aispose ofrecyclable materials, iric1u.ding ,,~;-"<~ y;❖-::~ ;~·~....-:· ,./'.,.~,.. :i:!f!f. ~x:«• ~;1,..ir, ,•,,£0. ~:~~ an>een \};!l;Ste and, if'necessary w;c6mplY::with sectio{1~6~.08.024. organic waste5 in
:,1. s" ~»-· ,.: •x .;;:-;,.'7 • ;,...; "'°"' ,.~, ,;.:~,, ,:.-,;,;, ':2.· "·,· :::,;::--;-:-:, ·~ ~;,;:ff; reoxc1ing-a$!~·gi:'een;waste, and organic waste~aontainers; as· <YpP,r:o~fiate; and %2/ :Y-~{~ ::,,:-";~;. :-:.:-·::::-ft,-'/.<,, '/,,X,~✓~~ }:f);t,,:' «.{~;~ ? ~ Y,. .... ., ~ ~., '"(~:~,/'~ t:.«-~ .:,l'?//'l •• ..-,1/. ,,-. • r ~.,.' N• j-' ,:.❖❖.l 3/ , {r,j,½., ~-% 3. t:::} Paf tlierefo:£.tlre fee or fee:sJiereinaftei1:'.established.' tf:~ ::Z,:;,, ,;:,:-, (1/." ,; -:0.,S ,:.;.;:~:-;X;,}:•:?.;::;;:-;,:-:-~.::::,: , / :=::;:::-x ~¼"~' -~ ;-❖, : • .-:;>'.·~ • ~❖-:,••:❖~·~f..;>?·:x--¥,1,,,. .. ,;.':;..:❖:~ ~ , ~:-?~ i:W B. Tof¢ollectf9£-]of soh~~llste sha!1)?:ccur:,~qea_:~ft~nce P~t week. ~1\f ·:?>.·v,., 1.,-:f,.:/ ,-;-✓• • Y;;.';-._, :>:".,{_; :X::'~Y. c,;.,,, *:i' :-z·.w C E'' ,•. t· ,,. 0 :-·x•. ,{'). •,•p~-·· .. , .,,;:»:: :::~.::: . /; ;xcep 10nst· :·: :~;t·:: .:-: x :'i/ f v, ,, ~: -:~~ ..-,.:..;.-:>6 h.=::{-:{, .-;_, : % .-~~ ..;,•.,.;•::,.~ ,•: ❖r::. '❖:,.:{'-j£, / X .:Y:f1 ✓;,,'//.,' ,s,c/?,,.,.•-t,I' ,•.· .,,. ' '❖:,-· .-;.. ,: .. ~~.. '@-❖ ~ ' ,%~.,?; f%W.:f1«-f:~~H,' If tne franchisee is:unaolcHo reasonably,.;gfovide'service to the premise~}the Y-#%~;_»:x)•1-fi:::;~/ ~:; ·~;': :~--~-:j. .:,,:.'$,('$ •:: :;~:., z,...,~ ~~· "i1o'-'2',~::::::¢ · responsible-person propfa't)s o«!Her shall make af:i:aiigemenfs to dispose of his/her/its ovm
the solid waste generated at, or accumulated on, the premises at a solid waste facility, and
to deliver the recyclable materials, aw:1-including green waste and, if necessary to comply
with section 6.08.024. organic waste, generated at, or accumulated on, the premises at-a
solid 1.vaste facilityto a recycling facility.
2. Nothing in this chapter limits the right of any person to donate....QL,--sell, &
othern·ise dispose of his/her/its recyclable materials prior toin lieu of placing said
recyclable materials in recyclingahle containers for collection.
D. The responsible person for a commercial premises or a multifamily residential complex that
does not receive regular recyclable materials collection from the city or its franchisee under sections
6.08.020(C)(l) or (2) shall submit an annual recycling report to the city by October 1 of each year,
on a form or using a format prescribed by the city manager. This annual recycling report does not
include any organic waste reporting pursuant to section 6.08.024. Annual rep01is shall include the
following information for the period June 30 through Julv I of the immediately preceding twelve-
month period:
1. The name of the responsible person(s) for the premises.
2. The address for the premises.
Sept. 10, 2019 Item #8 Page 23 of 29
EXIDBIT 2
3. The volume in cubic yards or gallons. measured by the size of the containers in use at
the premises. of recyclable materials, including green waste. recycled through self-hauling
or other means.
4. Additional information as required by the citv manager.
6.08.022 Requirements for multifamily residential complexes and commercial premises.
A. The responsible person for any multifamily residential complex or commercial premises must do
all of the following:
1. Provide on-site source separated collection of recyclable materials to the occupants of the
complex or premises.
2. Provide a sufficient number and type of containers at the property to contain the solid
waste generated by the occupants of the complex or premises.
: _::{?::.;:·~~:;•.·:• . .Place recycling corifainers in convenient;focations for use.oy.occup~nts:af,ilie·::p"ror.elty~~:~
: .. • ... ,.•'•.'·=·•-<-'."•-,..:.•<,.A·~--~-•~,"._ .~-.; ,. .• ·• Z" 1,::,.-:;:.:.::::-' ..... -~,,•• •.•• -.. · ... · •'•;,,:•,•~ -: ·=•• .... ~ .. ;;,.•.,_.~.:;, .. ::::~~~"'-~)'~,
~-)f;whfon:;~e~ns placepent offe·c)'~½.ng container~~~~j~cent to. or i~:~i'frHrnmedfate vicfnieyf ~f;•:·so11i'f-"
:::;:;;:! waste cbilta'iners in:di"sposal a~~·;;;:: The resporfsihif .:Qerson mus(patr recycling containefUvith :: ::✓.: ,I. i'..-~.... ; ,', -,,..-;., •. .,.; f.>.r ."',.· .•~,Z✓~ :·, ...... , ~:,.• •. •~· ~.:{~;: solid was'te:containfas of equivale.iH volume capacit)f~,at each dis:lli)sal area. ~~~~~ ::~:t::~ ~/"~}\: t._ ._,: i:~tX~; ~~~ ·r,-~:;;q,, t::::~; . ::;:::;:-J; ~:?;~~ 4. Educate the occupants~of:the multifa'.irfily resjdential cornpiex or commercial ptetnises :-; ... ~..; b . h ~:,:;~ ~. 1 · ;."'I ~: • · ,,.;:;:"(H~-~~11 ~}~i' ~-Y.:i ~~,,;}~ . !{*?, ::::~:'~ a out t e r~cyc mg:~~r.v1ceS'.•aS:1:0 ows: ::1@:· ':::;$, :l(:::',:;~:·•,: , ~:;:~~:: ~{)~;:: r~r1 ~t,, ~x~::~·:'~;;:~:~~r f:.t~ ¾J,. . ~~?:;i~~J~ .. :' --~, ·~ .. ~ . r;~::~ . ~::-~;,::': a. :~;,:,.: The -tesp0ns16le person must: annually::01stnbute;Fe.cyclnig. program mfomat10n
.-::, • .-: •, _.,-<'!•'" ❖ t' ~.•.<-<, :.: ..... v.;:•~ »~•:< • ·};.·~•:❖ •?'❖:❖ /':•'❖}" :::=:::::~ to :a:l kbccupants thafdi'fs:cribes tht(:!YJ?es -0£-rec'Vclable mtttetials accepted, the ki~Mion of :;:.::::::: r-:·-. ; ,,; .~ . ·•.❖=•··~· . v~~.,-" ~ .,,.,,..;..,.,,-:,:=·-~ .-.-:, ... ,. {-:f .. ❖• • • :-.✓✓·~: ... ; :/(,;~ recyclable trta{enals contamers. a-no the~oGc:Upanf s respons1b1htv to recycle putsliant to
i~·::i~ )~sjthapte~:: ) '~ij'.~i~~\ .~l: -~~~it. ;f {~ @~~
~::tL-:-:-:;,:,;-::(}:11];,. Thex~sponsibl~.p=erso1{111ust provide ot~u12ants·::wfth the recycling program ::;:: •• ~=::• -::_.~~:;:~~;:::-e:::: ·. ~ ·,~:~ . . ·-• , ,,.« . ·~H</'.,;~~ ... X"';>~· ·d~k .-.. --=-~·, . :~>~-=;>• ·:::~~:;t/:;:~:::~::::"· · mformattort:,1:1pon thetr fa:~t;oc~~ipancy or use oHff~. comJ?:l:ex or premises: and ~~~=~;:
c. The responsible person must provide occupants with updated recycling program
information upon any change in recycling service to the multifamily residential complex
or cotrunercial premises.
B. Occupants of a multifamily residential complex or cotrunercial premises must participate in the
recycling program provided by the responsible person by separating recyclable materials from other
solid waste and depositing the recyclable materials in the on-site recycling containers.
6.08.024 Mandatory organic waste recycling.
~ For purposes of section 6.08.024, the following additional definitions shall applv:
1. "Business" means a commercial or public entity, including but not limited to a firm,
partnership, proprietorship. joint stock company. corporation, or association that is
organized as a for-profit or nonprofit entity. or a multifamily residential dwelling of five
or more units.
2. "Commercial solid waste" means all types of solid waste generated by a business.
Sept. 10, 2019 Item #8 Page 24 of 29
Chapter 6.08 (Solid Waste) Ordinance
Jamie Wood, Environmental Manager
September 10, 2019
Recommendation
Introduce an ordinance amending the Carlsbad
Municipal Code, Chapter 6.08 (Solid Waste), to
ensure consistency with State of California
solid waste laws.
2
California Solid Waste Regulations
•AB 341 –Requires implementation of a commercial recycling program for businesses
and multi-family dwellings of five units or more
(Businesses)
•AB 1826 –Requires implementation of a commercial organics recycling program for
Businesses
3
California Assembly Bill 341
•Requires Businesses to arrange for commercial
recycling if they generate four cubic yards or
more of solid waste per week
•Set a State policy goal of 75% diversion of solid
waste by 2020
4
California Assembly Bill 1826
•Requires Businesses to arrange for organics
waste recycling if they generate four cubic yards
or more of solid waste per week
•Set a State policy goal of 50% diversion of
organic waste by 2020
5
Summary of Changes
•6.08.010 (A): Definitions updated for consistency
with state solid waste laws
•6.08.020 (C) (3): Consistent with AB 341, require
Businesses to submit an annual recycling report to
the city, if they self-haul their recyclable materials.
6
Summary of Changes
•6.08.022: Consistent with AB 341, require a Business to provide a recycling program that includes on-site recycling services, an adequate number of containers placed conveniently, and recycling program education for occupants.
•6.08.024: Consistent with AB 1826, require a Business that generates four cubic yards or more of solid waste per week to arrange for organic waste recycling services, and to submit an annual recycling report to the city if they self-haul or recycle their organic waste on-site.
7
Summary of Changes
•6.08.026: Describes on-site recycling requirements
for special events permitted under CMC Chapter 8.17.
•6.08.030 (D): Prohibits disposal of commercial grease
or cooking oil in a container intended for recyclable
materials, to prevent contamination of recyclable
materials.
8
Summary of Changes
•6.08.055: Prohibit composting activities that constitute a public nuisance and the placement of a compost system within six feet of an exterior window, door or entrance of a residential structure not owned by the owner of the compost system.
•6.08.215: Delegate authority to the city manager to issue administrative guidelines consistent with, and that further the requirements, of Chapter 6.08.
9
Recommended Action
Introduce an ordinance amending the Carlsbad
Municipal Code, Chapter 6.08 (Solid Waste), to
ensure consistency with State of California
solid waste laws.
10