HomeMy WebLinkAbout15-16 Commercial Waste RecyclingORDINANCE NO. 15-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, TO AMEND TITLE 8 OF THE COSTA MESA MUNICIPAL CODE BY
AMENDING SECTIONS 8-76 (DEFINITIONS), 8-77 (PERMIT) AND 8-83
(REGULATIONS) OF ARTICLE I (SOLID WASTE COLLECTION) OF CHAPTER IV
(GARBAGE, RUBBISH AND WEEDS)
THE CITY COUNCIL OF THE CITY OF COSTA MESA MAKES THE
FOLLOWING FINDINGS WITH RESPECT TO THE ADOPTION OF THIS ORDINANCE:
WHEREAS, Assembly Bill 1826 requires that commencing April 1, 2016, the City
require a business that generates a specified amount of organic waste per week to
arrange for recycling services for that organic waste in a specified manner;
WHEREAS, Assembly Bill 1826 decreases the amount of organic waste under
which a business would be subject to those requirements from 8 cubic yards or more to
4 cubic yards or more on January 1, 2017;
WHEREAS, Assembly Bill 1826 also requires a business that generates 4 cubic
yards or more of commercial solid waste per week, on and after January 1, 2019, to
arrange for organic waste recycling services and, if the Department of Resources
Recycling and Recovery makes a specified determination, would decrease that amount
to 2 cubic yards, on or after January 1, 2020;
WHEREAS, Assembly Bill 1826 requires that the City, on and after January 1,
2016, implement an organic waste recycling program to divert organic waste from the
businesses subject to this act;
WHEREAS, Assembly Bill 1826 will require the City to report to the Department of
Resources Recycling and Recovery on its progress in implementing the organic waste
recycling program, and the department would be required to review whether a jurisdiction
is in compliance with this act;
WHEREAS, Assembly Bill 1826 authorizes the City to charge and collect a fee
from an organic waste generator to recover the local governmental agency's costs
incurred in complying with this act; and
Ordinance No. 15-16 Page 1 of 6
WHEREAS, this Ordinance has been reviewed for compliance with the California
Environmental Quality Act (CEQA), the CEQA guidelines, and the City's environmental
procedures, and has been found to be exempt pursuant to Section 15061 (b)(3) (General
Rule) of the CEQA Guidelines, in that the City Council hereby finds that it can be seen
with certainty that there is no possibility that the passage of this Ordinance will have a
significant effect on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES ORDAIN AS FOLLOWS:
Section 1: Sections 8-76, 8-77 and 8-83 of Article I of Chapter IV of Title 8 are
amended to add sub -section (x) to section 8-76, sub -section (e)(5)(f) to section 8-77 and
sub -sections (i), (j), (k) and (1) to section 8-83, to read as follows:
Sec. 8-76. — Definitions.
The following terms as used in this article shall, unless the context already indicates
otherwise, have the respective meanings herein set forth:
(x) Organic Waste. Organic material including food waste, green waste, landscape
and pruning waste, nonhazardous wood waste, and food -soiled paper waste that
is mixed with food waste.
Sec. 8-77. - Permit.
(e) Each permit application shall be filed with the public services department and shall
include the following information:
(5) A written source reduction and recycling plan with details and time frame for
implementation on how the permittee will provide the programs to its customers
as required by the City of Costa Mesa Source Reduction and Recycling Element
which include but are not limited to all of the following:
f. Organic waste recycling programs. In order to comply with the requirements
of Chapter 12.9 of Part 3 of Division 30 of the Public Resources Code, the
director of public services may require a permit applicant, seeking an A Tier
hauler designation, to demonstrate their ability to provide organics recycling
services as a condition of permit issuance.
Ordinance No. 15-16 Page 2 of 6
Sec. 8-83. - Regulations.
(i) All businesses as defined by Public Resources Code section 42649.1 generating
four -cubic -yards of trash per week, and all multi -family properties of 5 units or more,
must arrange for the collection and recycling of solid waste as follows:
(1) Source separate recyclable materials from solid waste and subscribe to a basic
level of recycling service that includes collection, self -hauling, or other arrangements
for the pickup of the recyclable materials with a permittee.
(2) Subscribe to a recycling service with a permittee that may include mixed waste
processing that yields diversion results comparable to source separation.
(j) On or before April 1, 2016, all businesses as defined by Public Resources Code
section 42649.8 et seq., including multi -family residential dwellings of 5 or more units,
must arrange for recycling services specifically for the organic waste that they
generate in the manner specified in subsection k. as follows:
(1) On and after April 1, 2016, a business that generates eight cubic yards or more of
organic waste per week shall arrange for recycling services specifically for organic
waste;
(2) On and after January 1, 2017, a business that generates four cubic yards or more
of organic waste per week shall arrange for recycling services specifically for organic
waste;
(3) On and after January 1, 2019, a business that generates four cubic yards or more
of commercial solid waste, as defined in Public Resources Code section 42649.1, per
week, shall arrange for recycling services specifically for organic waste; and
(4) On or after January 1, 2020, if the state Department of Resources Recycling and
Recovery determines that statewide disposal of organic waste has not been reduced
to 50 percent of the level of disposal during 2014, a business that generates two cubic
yards or more per week of commercial solid waste shall arrange for the organic waste
recycling services specifically for organic waste, unless the Department of Resources
Recycling and Recovery determines that this requirement will not result in significant
additional reductions of organics disposal.
Ordinance No. 15-16 Page 3 of 6
(k) All businesses as defined by Public Resources Code section 42649.8 et seq.
including multi -family residential dwellings of 5 or more units located within the city
shall do one or more of the following, except that a multifamily residential dwelling is
not required to arrange for the organic waste recycling for food waste:
(1) Source separate organic waste from other waste and subscribe to a basic level of
organic waste recycling service that includes collection and recycling of organic waste
with a permittee that recycles organic waste;
(2) Recycle its organic waste onsite or self -haul its own organic waste for recycling;
(3) Subscribe to a mixed waste processing service from a permittee that recycles
organic waste; and/or
(4) Donate or sell organic waste to a person or entity authorized by law to receive
such waste.
(1) Property management companies that contract for trash service for any commercial,
institutional, or multi -family properties subject to this article are required to contract
or otherwise make available recycling services to comply with this section.
Section 2: Inconsistencies. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of this Ordinance, to the extent.of
such inconsistencies and no further, is hereby repealed or modified to that extent
necessary to affect the provisions of this Ordinance.
Section 3: Severability. If any chapter, article, section, subsection, subdivision,
sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to
any person, is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portion of this Ordinance or its application to other persons. The City Council hereby
declares that it would have adopted this Ordinance and each chapter, article, section,
subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective
of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases,
or portions of the application thereof to any person, be declared invalid or unconstitutional.
No portion of this Ordinance shall supersede any local, state, or federal law, regulation,
or codes dealing with life safety factors.
Ordinance No. 15-16 Page 4 of 6
Section 4: This Ordinance shall take effect and be in full force thirty (30) days from and
after the passage thereof, and prior to the expiration of fifteen (15) days from its passage
shall be published once in the DAILY PILOT, a newspaper of general circulation, printed
and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause
to be published a summary of this Ordinance and a certified copy of the text of this
Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of
adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall
cause to be published the aforementioned summary and shall post in the office of the City
Clerk a certified copy of this Ordinance together with the names and member of the City
Council voting for and against the same.
PASSED AND ADOPTED this 5t' day of January, 2016
Stephen'-WMensinger, Mayor
APPROVED AS TO FORM:
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Thomas bu, City Attorney
ATTEST:
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Brenda Green, Ciy Clerk
Ordinance No. 15-16 Page 5 of 6
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of the City
of Costa Mesa, hereby certify that the above foregoing Ordinance No. 15-16 as
introduced and considered section by section at a regular meeting of said City Council
held on the 1st day of December, 2015, and thereafter passed and adopted as a whole at
the regular meeting of said City Council held on the 5th day of January, 2016, by the
following roll call vote:
AYES: COUNCIL MEMBERS: FOLEY, GENIS, MONAHAN, RIGHEIMER,
MENSINGER
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the
City of Costa Mesa this 6th day of January, 2016.
C'�.�nk Gc-�
Brenda Green, Cit Jerk
Ordinance No. 15-16 Page 6 of 6