HomeMy WebLinkAbout99-12 Amending Section 8-79; Add a Good Faith Test for Waste Hauler Permit RevocationsORDINANCE NO. 99-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, AMENDING SECTION
8-79 OF THE COSTA MESA MUNICIPAL CODE TO ADD
A GOOD FAITH TEST FOR WASTE HAULER PERMIT
REVOCATIONS.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Section 8-79 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"(a) In the event that any person or solid waste enterprise holding a permit
to collect solid waste, hazardous waste, or infectious waste upon or along
any public highway within the city from any commercial, industrial, or
multifamily residential unit(s), or residential units) violates any of the
conditions of such permit, provisions of this article, or any other ordinance,
statute, or regulation relating to the collection, storage, or disposal of solid
waste, hazardous waste, or infectious waste, or collects such solid waste in
an unlawful, improper, or unsanitary manner, the Director of Public Services
may revoke such permit issued to such person or enterprise as provided by
this section.
(b) The Director of Public Services may revoke a permit by issuing a written
order to the permittee and the order shall state the grounds for such
revocation, and that if proof of compliance is not provided to the director of
public services within thirty (30) calendar days from the date of the written
order, the permit will be revoked forty-five (45) calendar days from the date
the written order was mailed. The order shall be mailed by certified mail to
the permittee. The written order shall be subject to an appeal to the city
council pursuant to Chapter IX of Title 2 of this Code. Upon revocation of a
permit, the permittee shall cease all services subject to the permit within
seventy-five (75) calendar days from the date the order is mailed. The
Director may adopt regulations to implement the provisions of this section.
(c) Regarding THE FAILURE OF a permittee TO COMPLY WITH THE
REQUIREMENTS OF SECTION 8-84, INCLUDING, BUT NOT LIMITED TO,
THE REQUIREMENT to meet the fifty (50) per cent diversion mandate by
December 31, 2000, as required IN ITS SOURCE REDUCTION AND
RECYCLING PLAN, the following procedure will be followed.
(1) The Director will determine whether the permitee has made a good
faith effort to comply with the conditions of the permit and the
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requirements of this article. The Director will consider evidence
submitted by the permitee concerning this matter and the permitee has
the burden of establishing that it has made reasonable and feasible
good faith efforts to achieve compliance. Evidence to be considered
on this issue includes, but is not limited to, how close to compliance
the particular deficiency is, the efforts the permitee has taken to meet
the requirement, the expense required to provide the permitee with the
means for compliance, the results of similar permitees in meeting the
requirement, the availability of new technologies which the permitee
could utilize to satisfy the requirement, the plans submitted by the
permitee showing what steps it plans to take to enable it to fully
comply with the requirement and the time that will take, whether
permitee has already taken reasonable steps to alter its operations in
time to meet the requirement, and what impact the permitee's failure
has on the City's overall compliance with the State requirements for
solid waste reduction and diversion. The permittee's good faith efforts
must conform to any guidelines established by the City and/or the
State in this regard.
(2) The provisions of this subsection authorizing the Director to consider
the good faith efforts of a permittee shall only be applicable so long as
the State authorizes and grants a comparable good faith exception
concerning the City's responsibilities under State law.
(3) If the Director determines that a good faith effort has been made by
the permitee, the Director may decide not to revoke the permit. If the
permit is not revoked, the Director may impose new conditions to the
permit, such as: (i)the permitee must prepare a Full Compliance Plan
to show how it intends to meet the diversion requirement, (ii) the Plan
must be submitted within 30 days and approved by the Director, (iii)
the permitee must comply with that Plan, or (iv) any other conditions
that the Director concludes are appropriate and will help meet the
requirements of State law and the city ordinance.
(4) If a permit is not revoked because the Director determines that a good
faith effort had been made, the permit revocation process may be
commenced again at any time the Director determines new grounds
therefor exists, including, but not limited to, noncompliance with any
new conditions placed upon the permit at the time the good faith
determination was made.
(d) If a permit is revoked, no permit shall be thereafter granted to such
person to collect solid waste, hazardous waste or infectious waste in the city
until such time as the permittee can prove the ability to comply with this
article."
Section 2. Severability.
If any chapter, article, section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance, or the application thereof to any person, is for
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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 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.
Section 3. Publication.
This Ordinance shall take effect and be in full force and effect thirty (30)
days from and after its passage and, before the expiration of fifteen (15) days after
its passage, shall be published once in the NEWPORT BEACH -COSTA MESA 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 of the members of the
City Council voting for and against the same.
PASSED AND ADOPTED this 1q. U -d- ay of -JL,- L4_' 1999
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City Clerk the
City of Co a Mesa
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APPROVED AS TO FORM:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio clerk of the City
Council of the City of Costa Mesa, hereby certify that the above and foregoing
Ordinance No. 99- Id, was introduced and considered section by section at a regular
meeting of said City Council held on the (O� day of �w�, 1999, and thereafter
passed and adopted as a whole at a regular meeting of said City Council held on
the litt- day of J , 1999, by the following roll call vote:
AYES: (Y10 nla N A N (2olA)a,v�EP_ i cK..so ,t�� o�osx r.RS� i Ko
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NOES: JAI o N5
ABSENT: 1�O1j;57
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this a" -day of 1999.
Solid Waste Good Faith Ord. (7-12-99)
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Deputy City Clerk and ex -officio
Clerk of the City Council of the
City of Costa Mesa