HomeMy WebLinkAbout31 - OB-2 - Attachment 3 - 1/2/2018The proposed self -haul permit provides an abbreviated permit process, only requiring a list of the
vehicles contractors wish to use and that the City is listed as an additional insured on the permitted
contractor's insurance policy. The $200 permit fee recovers staff time for reviewing the permit
2
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, Permit
$610
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10,000 (A -Tier)
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Fees
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Percentage # Revenue
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from • Receipts
The proposed self -haul permit provides an abbreviated permit process, only requiring a list of the
vehicles contractors wish to use and that the City is listed as an additional insured on the permitted
contractor's insurance policy. The $200 permit fee recovers staff time for reviewing the permit
2
insurance and vehicle requirements. It also covers staff time to track the annual self -haul
contractors. Finally, similar to the other franchise fees, the $200 permit fee also was developed
to cover the wear and tear on the City's roadway generated by hauling waste material. Once
permitted, contractors could then haul the waste they generate on jobsites throughout the year
by paying a per -project fee. The proposed fee structure is as shown below in Table 2:
Table
•- 'R*riyg.
$160:
flat fe$160
Projects of 01 to $100,000
fee, plus $3 for each additional $1,000 invalue
above $20,000, or fraction thereof, up toand
including $100,000Projects
of $100, 001 to $500, 000:
$400 fee, plus $2 for every $1,000 in valueabove
$100,000, or fraction thereof, up to andincluding
$500,000Project
valued at or greater than $500,001:
$960 fee, plus $0.50 for every $1,000 in valueabove
$500,000, or fraction thereof
The above fees were developed to directly cover the City's administrative costs in tracking and
reporting on contractors' waste hauling and diversion activities. As projects -increase in value,
there is generally an increased volume of waste generated. Consequently, the increased waste
generated and hauled requires additional staff time to thoroughly review waste and tonnage
receipts to confirm the contractors met the required applicable waste diversion for their projects,
which is 65 percent for all CALreen Code projects.
In addition to the smaller fee payment, these contractors would be required to submit their hauling
receipts and a one-page report to substantiate their waste diversion. While some Orange County
cities opt to require a Construction and Demolition Waste Reduction and Recycling Plan, the one-
page report provides'a simpler format for the contractor to complete and the City to review while
still assisting the City in meeting its State -mandated administration and monitoring of construction
and demolition project diversion.
Contractors could still opt to use a City franchised waste hauler to avoid any per -project fees,
contractor hauling permit costs and reporting requirements.
(2) EffecEffectively Deter Illegal Hauling in ai No'Cost Manner
During the calendar year 2016, a total of 23,557.60 tons out of approximately 100,000 tons of City
waste was taken to Orange -County landfills by non -franchised hauling activity. Contracted
container confiscation is an effective and low-cost measure to minimize illegal hauling and is
employed effectively in the neighboring cities of Huntington Beach and Fountain Valley. The
Costa Mesa Municipal Code would be revised to support the fallowing:
1. A'City-franchised hauler is authorized, via a RFP process and subsequent contract, to
identify and place a 48-hour notice on any illegal container found in the City (by that hauler
and/or the City). The hauler will be required to email the City the date, time, and location
of notice placed on the identified container to establish record of removal request.
. If the container at issue is not removed within this 8 -hour period, the contracted hauler is
then authorized to remove that container and dump its contents at its designated facility.
This establishes a collection cost, negotiated as part of the City's selection process; which
must be paid by the owner of the illegally placed container in order to get his/her/its '
equipment out of impound.
A City -established impound fee must be paid by the owner of that illegally placed
container.
. if the owner of this container fails to pay impound fee, the owner's equipment is forfeited
to the contracted hauler.
3
If the owner incurs a second violation, the illegally -placed container will be subject to a 24-
hour notice.
This confiscation program is effective as the contracted hauler can identify and tag these
containers while performing regular collection activities. The City can monitor this activity
effectively through email, requiring minimal staff time: The City would also require payment from
the contracted hauler of the administrative penalty.
The bin confiscation program is proposed to include a not -to -exceed penalty of $1,000 that
encompasses a disposal fee (which will vary depending on the amount of waste in the container),
an impound fee (which will be negotiated with the contracted hauler), and a City administrative
fee. The City administrative fee would directly recover the City's cost in the process to confirm the
permitted haulers and bins throughout the City.
(3) Establish Administrative Penalties
The City has a number of administration and oversight obligations 'under State solid waste
management regulations and law. All obligations are currently unfunded mandates which the City
is effectively meeting whilemaintaining a competitive system, With increased State monitoring
and reporting requirements under AB 341 (Mandatory Commercial Recycling), AB 1826
(Mandatory Commercial Organics Recycling), and the CALGreen Code, the City needs to utilize
administrative penalties to support compliance efforts and establish effective programs, AB 939
provides local agencies with the ability to develop and implement fees to recoup program costs.
Establishing reasonable forms of administrative enforcement also demonstrates to the State that
the City is effectively responding to recent mandates and implementing measures to administer
an effective overall program, Consequently, the proposed administrative penalties include:
1. $150 for each calendar month that a required tonnage report from a franchised waste
hauler is late.
This tonnage report' is required on a quarterly basis. ,A $150 fine was previously
established,_ by ordinance, by City Council for late franchised hauler quarterly franchise
fee statements. Although the $150 fine was previously codified for late quarterly franchise
fee reports, the proposed ordinance would provide that such a fine be established by City
Council resolution and would further provide consistency for both quarterly reports
required by the franchised waste haulers by imposing the same fine for late tonnage
reports. The proposed resolution would re-establish the $150 fine for late quarterly
franchise fee reports and impose the same fine for late quarterly tonnage reports.
2. Three -times the project fee for failure of an approved self -haul contractor to submit
required weight tickets and diversion reporting forms:
SB 1374 requires the City to track and monitor construction and demolition waste to the
State, including reporting on the required waste diversion percentage per -project. Without
establishing a penalty for submittal of such weight tickets and diversion reporting forms,
the City will not have the ability to provide administrative enforcement over the Contractor
Self -Haul Permit and Per -Project Permit or provide the State with the required information
in its annual report.
3. Two-times the project fee for failure to achieve a 65 percent diversion rate or provide
substantiation that the maximum solid waste possible was diverted from the landfill.
The new CALGreen Code requires CALGreen projects to divert 65 percent of waste
generated from the landfill. The unfunded mandate delegates the administrative oversight
and enforcement of this requirement to local agencies. Without implementing a fine; the
City is limited in its ability to enforce this requirement.
4
The proposed revisions to the Municipal Code are reflected in redline in Attachment 3.
The City notified the Building Industry Association ( IA) and the Chamber of Commerce of the
proposed Municipal Code revisions. The City has worked closely with the BIA to ensure the
proposed Municipal Code revisions are business friendly and cost-effective.Staff has modified
some provisions related to bin confiscation based on feedback from the BIA to necessitate a
feasible program that still meets the City's need to provide sufficient enforcement and deter illegal
hauling. Attachment 4 includes the letter of support received from the BIA:
ALTERNATIVES
One alternative that may be considered is restructuring the B -Tier franchise to include all
temporary for -hire hauling in lieu of only hauling by way of affixed container vehicles.
Restructuring this tier would include the addition of roll -off service providers, who would have the
ability to legally provide hauling services for construction and demolition projects: However, the
-Tier franchise fees will continue to be impractical and costly for many self -haul contractors.
Restructuring the B -Tier franchise would also add a number of unreliable waste haulers to the
franchise that would impact the Finance and Public Services Departments staff time in tracking
the waste haulers and hauling activity including the submittal of quarterly franchise fee statements
and tonnage reports. Staff does not recommend this option.
FISCAL REVIEW:
The proposed changes, including the elimination of the B -Tier franchise and establishing a
Contractor Self -Haul -Permit, are revenue neutral. During calendar year 2016, the City received
$61,123.31 from the -Tier franchised waste haulers, which includes the tier permit fees, franchise
fees, and non-refundable franchise pre -payments. -The proposed Contractor Self -Haul Permit and
Per -Project Permit fees are projected to generate a minimum of $52,584 in City revenue. This
projection is based on the 305 pool/spa and roofing permitted projects completed during calendar
year 2016: These permitted projects were primarily selected from the 1,612 construction and
demolition related permits issued as these contractors generally request a self -haul option due to the
lower project value and relatively small quantity of waste materials generated. Additionally, the City
is anticipating an increase in City revenue by reducing the extent of illegal hauling citywide.
The proposed 'revisions were reviewed and approved by the Finance and Pension Advisory
Committee on November 8, 2017.
LEGALREVIEW:
The City Attorney's trice has reviewed and approved the proposed ordinance and proposed
resolution as to form.
CONCLUSION:
New State monitoring and reporting regulations along with the City's current waste hauling
franchise and permit systems inability to facilitate necessary legal hauling activity and provide
sufficient enforcement require the City to revise its Municipal Code. Adoption of the proposed
Ordinance and proposed Resolution will provide a business friendly, cost-effective, and legal
solution' for contractor's that opt to self -haul the construction and demolition materials they
generate from their primary business activity. It will also effectively deter illegal hauling with
minimal fiscal impact to the City and provide the City with administrative penalties to sufficiently
enforce the waste hauling franchise and permit system provisions while demonstrating
compliance with State law.
2AI—ET—HURAMAN
AMBER STON
ana a ent Analyst
Public a Director
ISSAM C -S—TEP EN IPIVEN
Building Official Interim Finance Director
ATTACHMENTS: 1 Proposed Ordinanceo. 17-xx
2. Proposed Resolutiono. 17-xx
3. Redline Version'of the Amended Code Sections
4. Letter of Support from the Building Industry Association
DISTRIBUTION.- r n er
Assistant i Manager
City Attorney
Interim FinanceDirector
Building cial
City Clerk
Staff
File
ATTACHMENT 1
ORDINANCE NO. 17--
ORDINANCE OF THE CITYI
MESA, CALIFORNIA, AMENDING ARTICLE(SOLID
COLLECTION)I , RUBBISH
WEEDS) OF TITLE 8 (HEALTH AND SANITATION) OF THE COSTA
MUNICIPALMESA
WHEREAS, the 2016 California Green Building Standards Godo ("CalGreen ode") expands
the number and type of projects the City is required to administer, monitor, and report on to the State,
including the tracking of all new construction, permitted additions and alterations" to non-residential
buildings, and additions and alterations to residential buildings that increase a structure's conditioned
area; an
WHEREAS, permitting self-hauling by contractors will create ars easier and more cost-
effective
ast-e ective option for contractors to legally haul construction and demolition materials generated within
the City, while aidingthe City in meeting State-mandatedadministration, monitoring, and reporting
requirements for suchdiversion-, n
WHEREAS, in 2016, 23,557.60 tons of City waste was taken to Orange County landfills by
nen-franchised hauling ctivity; and
WHEREAS, establishing a mechanism through which containers used for illegal hauling
activities can be confiscated, and imposing fees for such confiscation, will aid in deterring illegal
hauling in the City; an
WHEREAS, Assembly Bill ) 341 (Mandatory Co erci IRecycling) and Assembly Bill
(AB) 1826 (Mandatory er i l OrganicsRecycling) establish monitoring and reporting
requirements, anpenalties for failing to comply with such requirements; an
WHEREAS, establishing administrative penalties will support the City's compliance efforts
with AB 341, AB 1826, and CalGreen ode monitoring and reporting requirements', and
WHEREAS, :this Ordinance has been reviewed for compliance with -t e California
Environmental Quality Act (C ), the CEQA Guidelines, and the City's environmental procedures,
and has been found to be exempt pursuant to Section 15061 ()(3) (General Rule), 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
HEREBY ORDAIN AS FOLLOWS:
Section ections -7 -77p -78,- 8-81, 8-82, 8-83, 8-84, n 8-87 of Article '1
(Solid Waste Collection) of Chapter IV (Garbage, - Rubbishn eeds) of Title 8 (Health and
Sanitation) of the Costa Mesa Municipal Code are hereby amended as follows;
A. Section 8-76 shall be amended 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:
() Collection: The operation of gathering together and transporting solid waste to the point of
disposal.
(b)County: County of Orange.
() Commercial units. Any commercial l business establishment including, but not limited to
hotels, -motels, offices and professional buildings, and retail establishments of all kinds,
including supermarkets, filling stations, department and variety stores.
(d) Contractor tractor Self -le l` The act of hauling solid waste, subject to this article, by construction
and demolition contractors as an ancillary function to their primary business activity.
() Disposal: The complete operation of treating and disposing of the accumulations of refuse
and of the product or residue arising from such treatment.
(f} Disposal station: A facility established, maintained and operated by the City ort e County for
the disposal of refuse
(g) or -hire hauling.- A business relationship that provides compensation for the hauling of solid
waste subject to this article.._
() Garbage,- Solid este as defined in California Public Resources Code Sections 40191 and
49503,
(i) Multifamily residential units; A permanent building containing two (2) or more dwelling units
including, but not limited to, mobile home parks.
Hazardous waste.
(1) All waste defined or characterized as hazardous waste by the Federal Solid Waste
Disposal Act (42 U . . _ _ 3251 of seg.), .as amended, including the Resource
Conservation and Recovery Act of 1976 (42 U. C. -§ 6901 et seq.), and all future
amendments thereto, or regulations promulgated thereunder; and
(2) All waste defined in California Public Resources Code Section 40141 or characterized as
hazardous waste by the Principal agencies of the State of California (including without
limitation the Department of Health Services and the California Waste'Management
Board) having jurisdiction over hazardous waste generated by facilities 'within such state,
provided that the term "hazardous waste`:
. Is intended to mean and include those substances which are not normally expected
to be disposed of by generally accepted sanitary landfill disposal methods,
b. Shall include radioactive wastes; and
c. Shall be construed to have the broader, more encompassing definition where there
exists a conflict in the definitions employed by two () or more governmental agencies
having concurrent or overlapping jurisdiction over hazardous este.
() Illegal h ulinge The act of performing for -hire hauling of any solid waste material subject to
this article without obtaining City -issued permit.
(1) Industrial units, Any business establishment engaged in manufacturing, warehousing,_
construction, and/or demolition.
( ) lnfectious waste, Solid waste capable of producing an infection or pertaining' to or
characterized by the presence of pathogens or medical waste_ s regulated y the Medical
Waste na r nt Act (California Health and Safety Code Section 25015 et .). It
includes but is not limited to certain wastes generated by medical practitioners, hospitals,
nursing homes, medical testing lbs, mortuaries, .taxidermists, veterinarians, veterinary
hospitals, medical testing labs, and any waste which includes animal wastes or parts from
slaughterhouses or rendering plants.
(n) Intermediate processing facility: A solid waste transfer or processing station or facility as
defined in California Public Resources Code Section 40200.
(o) Material recovery facility., A solid waste facility where source-sepa rated recycl bles are
processed n recovered.
(p) Permittee.- Any person or solid waste enterprise who collects, hauls or disposes of any for
of solid waste,hazardous est or infectious waste for compensation pursuant to a permit
issued under this section.
(q) Public highway. Any public street, alley, road, public place or highway open to and used by
the traveling u lic and not used as a private right-of-way.
(r)Recycling.- The process of collecting, sorting, treating, and reconstituting materials that would
otherwise become solid waste, and returning them to the economic mainstream as defined
in California Public Resources Code Section 40180.
(s) Recyclable material. Solid waste material that through a process of collecting,
cleansing, treating n reconstituting is returned to the economic mainstream in the form of
raw material for new, reused, or reconstituted products which meet the quality standards
necessary to be used in the marketplace.
(t) Refuse.
olid waste as defined in California Public Resources Code Sections 40101 and
49503.
(u) Residential units.- All those dwelling units not included in the definition of multifamily
residential units unless otherwise designated by the city.
(v) Scaveng .° The unauthorized removal of any recyclable materials as 'defined by California
Public Resources Code Sections 41950 and 41951 or solid waste without a permit under this
article.
() Solid waste.
All solid waste as defined ire California Public Resources Code Sections 4 191
and 49503.
() Solid waste enterprise. A solid waste enterprise as defined in California Public Resources
Code Section 49504.
(y) Solid waste handling services. A solid waste handling service as defined in California Public
Resources Code Section 49505.
(z) Transfer station.- A solid waste transfer or processing station or facility as defined in California
Public Resources Code Section 40200.
(aa) 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.
13Section 8-77 shall be amended to read as follows, -
Sec. 8-77. — Permit.
(a) No person, tontractor, or -solid waste enterprise shall charge a fee or accept any form of
compensation to collect any solid waste, hazardous waste or infectious waste upon, along or
across any public highway in the city from any commercial, industrial or multifamily residential
units, or residential units without first applying for and receiving all permits required from the city.
In addition to the permit required under this article, a business license must be obtained prior to
doing business within the city, and a separate vehicle permit for each and every vehicle used for
collecting solid Waste, hazardous waste or infectious waste and setting of containers within the
city right-of-way. The permittee shall place each permit issued pursuant to this article in the lower
right front window of the vehicle so that it is clearly visible from the street.
(d) Any person, contractor or solid waste enterprise desiring to obtain a permit to remove or convey
any solid waste, hazardous waste or infectious waste upon or along any public highway within
the city from any commercial, industrial or residential multifamily unit(s), or residential unit(s),
shall sign and file an application with the city and pay a permit application fee established by
resolution of the city council. To the extent permitted by law, the information submitted in the
application shall be kept confidential.
(e) Each permit application shall be filed with the public services department and shall include the
following informatiom
(1) The name and address of the applicant.
()"the number and type of vehicles to be used by the applicant.
(3) Additional information, as established by the director of public services, to assist the city's
M
administration an oversight uthoriy as established _ y State l
) For hazardous waste andinfectious waste, written proof that the person or solid waste
enterprise t in all necessary permits from the county, State of California andfederal
agencies for the collection of such waste and has insurance coverage for the transport and
disposal of such waste.
(f) For -hire haulers shall be required to obtain "solid waste franchise" permit. This permit will allow
for the provision of recurdrig andtemporary services in all areas franchised by the City of Costa
Mesa, In addition to the requirements est blishe' for all permit applicants herein, the solid waste
franchise permit applicant shell also be required to submit:
(1) A written source reduction and recycling lan with details and time frame for implementation
on how the permittee ill provide the ro r s to its customers, as required y the City of
Costa Mesa SourceReduction and Recycling Element, which include but are not limited to
all of the following.,
. Reduction of solid wasteo maintain a fifty percent (50%) diversion rate through
source reduction, r"cyclin n composting, and a sixty-five percent 5%) diversion
rate for construction and demolition waste.
Economic incentives to achieve the diversion rates set forth in subparagraph a.
herein.
c. Technical, instructional, promotional, and educational programs to achieve the
diversion rtes set forth in subparagraph a. herein.
Composting ro r s to facilitate the achievement of the diversion rates set forth in
subparagraph a. herein.
e. Special waste programs.
f. Organic waste recycling ro r s. In order to comply with the requirements o
Chapter 12.9 of Part 3 of Division 30 of the Public Resources' ode, the director o
public services shall require a permit applicant to demonstrate its ability to provide
organics recycling services as a condition of permit issuance.
Other information or additional financial information, including, but not limited to, the
right to audit financial records, or require a performance bond, or other suitable
evidence of financial responsibility, if at any time such information is found to be
necessary y the city council. The permittee will provide a certified coy of the
per i ee's last fiscal year's financial report, audited y a certified public accountant.
All financial information contained in the permit application made to the city pursuant
to this article shall be deemed to be confidential and shall be retainedy the city for
its use and, under no circumstances, will such information be released to anyone
other than the permittee without the consent of the permittee.
(g) The Cost esa Sanitary District (") will continue its franchise for all single-family
residential and multi -family residential receiving curbside service. No other permittee will be
allowed to operate in areas governed by the
(h) Contractor self -haul permit applicants must comply with items (a) through (e) of this section an
shall also provide .per -project forms, as required by the director of public services, and
subsequently submit all waste disposal and diversion tickets associated with their project(s) at
the time prescribed by the director of public services. Failure"to submit both the required form
and all associated weight tickets shall subject the permittee to an administrative penalty as
outlined in section -4.
Section -76 shall be amended to read as follows
Sec. -76. Issuance or denial of permit.
(a) When an application has been made e to the city for a permit pursuant to this article, it shall be the
duty of the director of the public services department to consider the matter; and he or she shall
have the right to grant, condition or deny the permit request, and such decision shall be subject
to an appeal to the city council pursuant to Chapter IX of Title 2 of this Code. In granting,
conditioning or denying the permit request„ the director of public services and the city council
may take into consideration factors, including, but not limited to; the following:
(1) The ability of the permittee to comply with the solid waste handling service standards
enumerated in this article.
() The ability of the permittee to comply with the equipment standards enumerated in this article.
(3) The ability of the permittee to comply with the provisions regarding insurance or bonds
enumerated in this article,
(4) The ability of the permittee to provide programs and comply with the City of Costa Mesa
Source Reduction and Recycling Element and implement the source reduction and recycling
plan proposed by the permittee pursuant to paragraph (f) of section -77,
(b) The decision by the city council on a permit application shall be final,
(c) No permit granted pursuant to this article shall be assigned or transferred without the consent o
the director of public services. The terra of the solid waste franchise permit shall be for a period
of seven (7) years, provided that on each anniversary date of a permit it shall be automatically
extended for one (1) additional year so that the term remains seven (7) years unless at least sixty
(60) days prior to the anniversary date either the city or permittee notifies the other in writing that
the permit will not be renewed in which case the term shall not be extended for an additional year
and will have only six (6) years remaining and shall not be automatically extended thereafter.
Nothing in this subdivision shall prevent the city from terminating a solid waste franchise permit
before the end of its term pursuant to the provisions of section 6-79, No permit granted pursuant
- to this article shall limit the right of the city to grant an exclusive or nonexclusive franchise for
solid waste handling services in the city, A permit issued under this article shall not grant the
permittee rights under California Public Resources Code Section 49620, where at the time the
permit is granted the permittee did not have a right to continue service under such section,
D. Section 6-79 shall be amended to read as follows:
Sec. -79. Revocation of permit.
(a) In the event that any person, contractor 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 unit(s) violates
any of the conditions of such permit, the requirements of section , the 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 issue
to such person, contractor, or solid waste enterprise as provided by this section.
() 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 ays from the -date of the
written order, the permit will be revoke forty-five () calendar days from the date the written
order was mailed. The order shall be mailed by certified ....ail 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 permiftee shall cease all services subject to the permit within
seventy-five (7) calendar days from the date the order is mailed. The director may adopt
regulations to implement the provisions of this section.
(c) If a solid waste franchise permittee fails to comply with the requirements of section 8-84,
including, but not limited to, the achievement of diversion requirements, the following rocedure
will be followed-
(1)
ollo a(1) The director will determine whetherthe permittee has made a good faith effort to comply with
the conditions of the permit an the requirements o this article; The director will consider
evidence submitted y the permittee concerning this matter and the permittee 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 permittee has taken to meet the
requirement, the expense required to provide the permittee ith the means for compliance,
the results of similar permittees in _meeting the requirement, the availability of new
technologies which the permittee could utilize to satisfy the requirement, the plans submitted
y the permittee showing h t steps it plans to take to enable it to fully comply with the
requirement and the time that ' ill tale, whether permittee has already taken reasonable
steps to alter its operations In time to meet the requirement, and what impact the per ittee's
failure has on the city's overall compliance with the state rquire ents for solid waste
reduction and diversion, The per ittee'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
per i ee 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.
( If the director determines that a goodfaith effo has been made by the permittee, 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 s (i) the permittee must prepare a full compliance plan
to show how it intens to meet the diversion requirement, (ii) the plan est be submitted
within 30 days and approved y the director, (iii) the permittee dust 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 eist including, but not limited to, noncompliance with any
new conditions placed upon the permit at the time the good faith determination was made.
Quality Management District and the state.
person shall scavenge or bury any solid waste, hazardous t r infectious waste within
the city:
4'}
fee.
The city reserves the right to, on an annual basis, enter into an impound services agreement, in
accordance with the city's procurement policies. The selected solid waste enterprise shall be a
solid waste franchise permittee and shall be authorized to enforce the city's franchise by
confiscating any roll -off containers or trash bins used for illegal hauling within city limits. The
contracted solid waste enterprise shall be authorized to collect the impound fee set forth herein.
The owner of the container shall pay the impound fee in order to remove the property out of
impound. if the owner does not pay within ninety (90) days of impound, the contracted solid waste
enterprise shall keep the impounded container to satisfy its service and hauling charges.
All businesses as defined by Public Resources Code section 42649:1 generating four (4) cubic
yards of trash per week, and all multi -family properties of five () units or more, must arrange for
the collection and recycling of solid waste as follows;
() Source separate recyclable materials from solid waste and subscribe to a basic level o
recycling service that includes collection; self -hauling, or other arrangements for the pickup
of the recyclable materials with a permittee.
() Subscribe to a recycling service with a permittee that may include mixed waste processing
that yields diversion results comparable to source separation.
(k) On or before April 1; 20168 all businesses as defined by Public Resources Code section 42649.8
et seq., including multi -family residential dwellings of five () or more units; must arrange for
recycling services specifically for the organic waste that they generate in the manner specified in
subsection (k) as followse
(1 ) On and after April 1, 2016, a business that generates sight (6) cubic yards or more of orgastic
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,
() 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 42649.19 per week,
shall arrange for recycling services specifically for organic waste; and
() On or after January 19 2020, if the state Department of Resources Recycling and Recovery
determines that statewide disposal of organic waste has not been reduced to fifty (50) percent
of the level of disposal during 2014, a business that generates two (2) 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.
(1) All businesses as defined by Public'esources Code section 42649.6 et seq. including multi-
family residential dwellings of five () 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 organicwaste;
(Recycle its organic waste onsite or self -haul its own organicfor recycling,
() Subscribe to a mixedwaste processing service from er ittee that recycles organic waste;
and/or
() Donate or sell organic waste to a person or entity authorized by law to receive such waste.
(m) Property management companies that contract for trash service for any commercial, institutional,
or multi -family properties subject to this article are required o contract or otherwise make
available recycling services to co ly with this section,
H. Section 8-84 shall be amended to read as follows:
Sec. 8-84.Source reduction and recycling.
() This section is enacted for the purposeof compliance with the California Integrated Waste
Management Act of 1989 in accordance with CaliforniaPublic Resources Code Sections 40000
et seq. ("ct'), The city has adopted a source reduction and recycling element and household
hazardous ste' element pursuant to said Act which provides for the imposition ` n collection
of charges to fund the preparation, adoption and implementation of said elements. Such charges
shall be determined, fixed and established by the city council by resolution, Such charges may
e changed by the city council from time to time by resolution:
() A solid waste franchise permittee, as a condition of the permit, shall comply with the following
source reduction and recycling requirements:
(1) The permittee shall take all necessary steps to cause the industrial, commercial, multifamily
residential units, and residential units who produce solid waste subject to the permit n the
Act to divert solidwaste s required by California Public Resources Code Section 41870
through source reduction, recycling and composting.
(2) The permittee sh ll provide quarterly reports to the public services department, on the for
and in the format required y the city, -su ruin its progress in diverting solid waste
generated y its customers in the city as required by California Public Resources Code
Sections 41870 n 41821. The quarterly reports shall identify the tonnage collected,
tonnage recycled, tone composted, percentage of ....ante recycleand/or composted,
materials recycled, and the facilities receivin all waste generated. In addition, quarterly
reports shall provide the level of customer specific data required to enable the city to be in
compliance with State -mandated reporting requirements, Quarterly reports shall be due 30
days after the calendar quarter's end, Late reports shall be subject to a fine, which shall be
established by city council resolution. All requested report data shall be provided, Incomplete
reports shall not be accepted and shall be considered s late reports until they are fully
completed.
(3) As a permittee of the city, the permittee shall be an authorized recycling agent of the city an ,
shall become the owner of all solid waste and recyclable materials, and hazardous waste and
infectious waste collected pursuant to the permit, The permittee is solely responsible for
arranging for the collection, transportation, recycling, and disposal of all solid waste,
hazardous waste or infectious waste collected pursuant to the permit. The recycle les
become the property of the permittee once placed int e collection bin.
(4) The permittee shall collect a source reduction and recycling fee as imposed by resolution of
the city council pursuant to the California Public Resources Code Section 41902 and this
section;
() A contractor self -haul permittee„ as a condition of the permit, shall comply with the following
requirements to show compliance with section 8-84*
(1) Apply for per -project permits, These per -project permits are required for each job performed
during the calendar year in which the permittee is authorized by the city to haul the solid
waste they generate.
(2) Pay required per -project fees, which shall be established by city council resolution.
(3) Complete and submit all required forms.
(4) Divert sixty-five percent (65%) of the solid waste generated by the contractor's business
activity on that project, or present the city with evidence showing the maximum amount of
solid waste was diverted from landfills,
(5) Pay any penalty assessed by the city for failure to provide required reports, weight tickets, or
other requested substantiation of compliant hauling activity requested by the city. These
penalties are as follows:
(A) A penalty amount equal to three times the established per -project fee, for failure to
submit any required form or weight ticket for that project.
penalty amounto two times the established per -project fee, for failure to
substantiationachieve a sixty-five percent (65%) diversion rate or provide
maximum solid waste possible was diverted from landfill. It shall solely be at the city's
discretion, to determine if the maximum solid waste possible was diverted from landfill.
(d) Failure of the permittee to comply with the provisions of this section shall subject the permittee
to additional civil penalties as determined and approved by city council pursuant to California
Public Resources Code Section 41954.
() Notwithstanding the provisions of section -33, a person or entity owning or occupying an
industrial, commercial, multifamily residential, or residential unit shall be permitted t create and
use compost, as defined in California Public Resources Codd Section 40115; on the private or
public property that such person or entity owns or occupies.
(f) The requirements of this section shall not apply to the solid waste handling services provided by
the solid waste enterprise under contract with the CMSD, provided the CMSD establishes source
'reduction and recycling standards that are compliant with all State mandates upon the waste
collected under the SD's contract,
L Section -57 shall be amendedto read as follows:
Seca 8-87. - Franchise fee:
() Grant of franchise. The city hereby greats a solid waste hauling franchise to any solid waste
enterprise upon the issuance to it of a permit issued pursuant to section 5.77 of this article. The
term of the franchise shall run concurrently with the term of the permit and shall end upon the
termination oft e _ permit, The valid possession of such a permit shall be- deemed o make a soli
waste enterprise a franchisee under this section.
() Franchise fee. Every holder of a franchise issued pursuant to this section ("franchisee") shall pay
franchise fee as set by citycouncil resolution based on the percentage of quarterly gross
receipts. The purpose of the franchise fee is to provide funds to the city to pay for the
maintenance and rehabilitation of the public highways in the city and for other general revenue
purposes. Franchisees shall pay " n annual minimum franchisee -fee in the amount of ten
thousand ollars ($10,000.00). This fee shall be prorated in the'amount of two thousand five
hundred dollars ($2,500,00) per quarter beginning with the quarter in which the franchise is
granted, Such annual minimum franchisee fee payments shall be paid to the city upon issuance
of a permit pursuant to section 8-77 of this article and, thereafter, by January I of each calendar
ar
year. Failure to timely pay franchise fes shall result in a penalty in the amount of five percent
) of the delinquent franchise fee owed, plus an additional one and one-half percent (1 a5%) of
the fee for each month, or any portion thereof, that payment is late, Failure to timely pay franchise
fees may also result in the commencement of permit revocation proceedings. The annual
minimum franchisee fee shall be credited only toward the franchise fees that accrue during the
same calendar year in which the_ minimum fee is paid.
(c) Quarterly franchise fee reports and payments. Every franchisee is required to submit a quarterly
franchise fee report and pay the established franchise fee on all gross receipts for that quarter.
Pre -paid franchise fees are used to satisfy this quarterly obligation up to the full pre -payment
amount. Failure to submit payment and the required report within forty-five (4 5) days of the end
of each calendar quarter shall result in a fine, which shall be established by city council resolution,
for each non -submittal. Submission of an incomplete report shall constitute a failure to submit a
report and shall be subject to the same fine as that for non -submittal.
() Records requirements, Every franchisee shall maintain all records relating o its solid waste
handling services pursuant to this section, including, but not limited to, customer lists, billing
records, services requests, cash receipts records, -records demonstrating compliance with the
requirements nts of section 4() of this article, and other documents and materials that
reasonably relate the franchisee's compliance with this section. Upon five () business s'
notice, such records shall be made'available for city inspection at the franchisee's regular place
of business, If the franchisee's regular place of business is not located within the county, the
franchisee shall make such records available for city inspection at a location within the county,
as determined by the city.
(e) Audit requirements. An independent auditing firm shall perform an audit, at the city's expense, of
any franchisee's records (the `"city audit") to ensure compliance with the provisions of this section
on an annual and/or as -needed asis, to be determined byte city. The scope of the city audit
shall be set by city council resolution. If a city audit determines that a franchisee has not paid its
full franchise fee, the city shall invoice the franchisee for the amount of the net deficiency plus a
penalty fee equal to twenty percent (20%) of the net deficiency;
(f)
Exemption for CMSD, The franchise fee i posed pursuant to this section shall not be impose
upon any solid waste enterprise that has a franchise or contract with the Costa Mesa Sanitary
District for any revenue the solid waste enterprise earns under that franchise or contract,
Section gem li nce unit Adoption of this Ordinance is exempt from the
California Environmental Quality Act (" K) under CEQA Guidelines section 15061 (b)(3) because
it can be seen with certainty that there is no possibility that the Ordinance may have a significant
effect on the environment.
i
Section 3. Inconsistencies, Any provision of the Costa Mesa Municipal Code or
appendices thereto in -consistent 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 effect the
provisions of this Ordinance,
Section 4. Sgyqrgtiftyo If any section, subsections sentence, clause, phrase or portion
f this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court
f competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council of the City of Costa Mesa hereby declares that it would have adopted
this Ordinance and each section, subsection; sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or
portions b declared invalid or unconstitutional.
Section 6. Effective Date. This Ordinance shall take effect thirty (3 0) days after its final
passage.
Section Certification. The City Clerk shall certify to the passage and adoption of this
rdinarTce -and shall cause the same to be published or posted in the manner required by law.
PASSED AND ADOPTEDthis ' day of , 2017.
Sandra L. Genis, Mayor
ATTEST: APPROVED AS TO FOR
Brenda ter, City Clerk Thomas Duarte, City Attorney
STATE F CALIFORNIA}
COUNTY OF ORANGE ss
CITY OF COSTA
1, BRENDA GREEN, CityIrk of the City of Costa Mesa, do hereby rtify that the foregoing
ordinance _ my passed and adopted by the City Council ofth City of Costat;a regular
meeting I the y of y 2017, by the following roll call vote, to wit:
AYES: COUNCIL
IL
ABSENT: COUNCIL
MEMBERS-
INIT WHEREOF, 1 have hereby set my hand and affixed the seal of the City of Cost
Mesa this y of e 2017.
GREEN,BRENDA CITY CLERK
(SEAL)
ATTACHMENT 2
RESOLUTION . 1-x
RESOLUTION OF THE CITYCIL OF THE CITY OF
COSTALIF IA, ESTABLISHING AND ADOPTI
FEES IN CONNECTIONI THAULING
THE CITY_1L OF THE CITY F COSTA MESA HEREBY RESOLVES
LL
WHEREAS, the City Council of the City of Costa Mesa has established various schedules
of rates, fees; and charges for services provided y the City, and
pursuant to the provisions of the California Constitution and the laws of the
State of California, the City is authorized to adopt and implement rat s, fees, and charges for
municipal services; provided, however, that such rates, fees,and/or charges do not exceed the
estimated reasonable cost of providing such 'services; an
CaliforniaBern -ent Code section 66016 requires notice to be given and
data be made available at specified times prior to the adoption option of new rtes, fees, and charges,
or prior to adoption of increases in existing rates, fees, and charges; and
California Government Code section 66018 requires notice to be published
in accordance with California Government Code section 6062a and data be made available
concerning rates, fees, and charges prior to conducting public hearing with respect o the
adoption of new rates, fees; and charges, or the adoption of increases in rates, fees, and charges
for which no other procedure is provided y law, and
pursuant to California Government Code sections 66016 and 66018, the City
Council has held t least one 'public hearing, as part of a regularly scheduled meeting, at which
oral and written presentations could be made withrespect to the fees, ,rates, and charges
contemplated this solution, and
WHEREAS, the City Council desires to establish fees associated with waste hauling, as
set forth herein; and
WHEREAS, the proposed fees will allow the City to recover the reasonable costs incurred
y the City in providing the services, including labor costs for application processing and review
and administrative costs for tracking n reporting ste hauling ndiversionactivities; and
all legal prerequisites to the adoption of this Resolution have occurred.
THEREFORE, BE IT RESOLVEDby the City Council of the City of Costa Mesa as
follows:
Section 1. The City Council hereby finds and determines that based upon the data;
information, analysis, and oral and written documentation presented to the -City Council
concerning the rtes, fees, and charges escri ed in Exhibit "A," attached hereto and incorporate
herein by this reference, the rates, fees, and charges set forth in Exhibit t6" do not exceed the
established reasonable cost of providingthe service for which the rtes, fees, or charges are
levied.
Section The rates, fees, and charges set forth in Exhibit "A" are hereby adopted
and approved as the rates, fees,:and charges for the services identified for each such rate, fee, ..
and/or char
Section ; The rates, fees, and charges set forth In Exhibit "A" shall be effectiveand
implemented cr men ing upon the effective date of Ordinance No. 17-xx, which amends Article
f Chapter IV of Title 8 of the Costa Mesa Municipal Code.
Section 4n The City Clerk shall certify to the passage and adoption of this Resolution
and shall enter it intothe book of original resolutions,
PASSED AND ADOPTEDthis 5t' day of December, 2017,
Sandra L. Genis, Mayor
ATTEST.- APPROVED AS TO
FORM-
rends Green, City Clerk Thomas carte, City Attorney
0551
STATE OF CALIFORNIA)
COUNTY OF ORANGE}ss
CITY OF COSTA
1; BRENDA GREEN,
City Clerk -f the City of Costa Mesa, do herebyif that the
foregoing resolution was duly passed and adopted by the City Council of the City of Costa
at a regular titin held the 5th day of December, 2017, by the following roll call vote; to wit:
AYES: COUNCIL
NOES: COUNCIL-
MEMBERS-
ABSENTIL
IN WITNESS
9 1 have hereby set y h i the seal f the City of
Costa this y 2017.
BRENDA GREEN, CITY CLERK
(SEAL)
EXHIBIT A
WASTE HAULING FEES
A. Fee to Process and Review _ Contractor Self -Haul Permit Application
IN Contractor Self -Haul Permit Fee: 200
a. Per -Project t Fees for Peffnifted Self -Haulers
Projects valued $20,000 r less: flat fey
Projects value t $20,001 through $100,000: 160 fee, plus 3 for each additional $1,000
in value above $20,000, r fraction thereof,
up to and including $100,0
Projects verse t $100,001 through $500,000: 0 fee, plc 2 for every $1,000 in value
above $100,000, or fraction thereof, up to
and including $500,000
Project valued at or greater than 500,001: $960 fee, _ plus $0.50 for every $1,000 in
verse above $500,000, or fraction thereof
C. Illegal Container Impound
Not -to -exceed ,000 per container
D. Late Submittal of Quarterlyr .i and/or
Reports
150 for each calendar month, or portion thereof, that a completereport is not timely
submitted.
ATTACHMENT 3
ARTICLE L Lel. WASTEL L Tl
8-76. Definitions.
The fallowing terms as used in this article shall, unless the context already indicates otherwise,
have the respective meanings herein set forth:
(a) Collection: The operation of gathering together and transporting solid waste to the
point of disposal.
() County: County of Grange.
(c) Commercial units: Any commercial business establishment including, but not limited
to, hotels, motels; offices and professional buildings, and retail establishments of all kinds,
including supermarkets, filling stations, department and variety stores.
(d) Cahtractor Self-Flaul: The act of haulin solid waste su'ect to this article b
construction and deconstruction contractors as an ancillary function to their IlDrima business
activity
Le
Disposal: The complete operation of treating and disposing of the accumulations of refuse
and of the product or residue arising from such treatment.
(e) Disposal station: A facility established, maintained and operated by the City or the
County for the disposal of refuse.
For -hire haulin A business relationshi that rovides cora ensation for the hni ding of
solid waste subRect to this article.
(hf) Garbage: Solid waste as defined in California Public Resources Code Sections
40191 and 49503.
(i) Multifamily residential units: A permanent building containing two (2) or more dwelling
units including, but not limited to, mobile home parks.
qh) Hazardous waste:
(1) All waste defined or characterized as hazardous waste by the Federal Solid
Waste Disposal Act (42 U;&C § 3251 et seq.), as amended including the Resource
Conservation and Recovery Act of 1976 (42 US.06901 et seq.), and all future
amendments thereto, or regulations promulgated thereunder; and
(2) All waste defined in California Public Resources Code Section 40141 or
characterized as hazardous waste by the "Principal agencies of the State of California
(including without limitation the Department of Health Services and the California Waste
Management Board) having jurisdiction over hazardous waste generated by facilities
within such state; provided that the term "hazardous waste":
a. Is intended to mean and include those substances which are not normally
expected to be disposed of by generally accepted sanitary landfill disposal
methods;
b. Shall include radioactive wastes and
c. Shall be construed to have the broader, more encompassing definition
where there exists a conflict in the definitions employed by two (2) or more
governmental agencies having concurrent or overlapping jurisdiction over
hazardous waste.
Ill° al haulm : 1 lte act of erfo in for hire haulm of an solid waste material suh`ect
to this article without obtaininO a Cit -issued it.
Qi) industrial units. Any business establishment engaged in manufacturing, warehousing,
construction, and/or demolition.
() Infectious waste: Solid waste capable or producing an infection or pertaining to or
characterized by the presence of pathogens or medical waste as regulated by the Medical
Waste Management Act (California Health and Safety Code Section 25015 at se); It
includes but is not limited to certain wastes generated by medical practitioners, hospitals,
nursing homes, medical testing labs, mortuaries, taxidermists, veterinarians, veterinary
hospitals, medical testing labs, and any waste which includes animal wastes or parts from
slaughterhouses or rendering plants.
(ilk) Intermediate processing facility: A solid waste transfer or processing stationor facility
as defined in California Public Resources Code Section 40200.
(cel) Material recovery facility: A solid waste facility where source -separated recyclables
are processed and recovered.
(gm) Re itte: Any person or solid waste enterprise who collects, hauls or disposes of
any form of solid waste, hazardous waste or infectious waste for compensation pursuant to
a permit issued under this section.
() Public highway: Any public street, alley, road, public place or highway open to and
used by the traveling public and not used as a private right-of-way.
(r) Recycling: The process of collecting, sorting, treating, and reconstituting materials
that would otherwise become solid waste, and returning them to the economic mainstream
as defined in California Public Resources Code Section 40180.
(so) Recyclable material: Solid waste material that through a process of collecting,
sorting, cleansing, treating and reconstituting is returned to the economic mainstream in the
form of raw material for new, reused, or reconstituted ;products which meet the quality
standards necessary to be used in the marketplace.
Qq) Refuse:° Solid waste as defined in California Public Resources Code Sections 40191
and 49503.
(fir) Residential units: All those dwelling units not included in the definition of multifamily
residential units unless otherwise designated by the city;
(Ms) caven ew The unauthorized removal of any recyclable materials as defined by
California Public Resources Code Sections 41950 and 41951 or solid waste without a permit
under this article.
(fit) Solid wasted All solid waste as defined in California Public Resources
Code Sections 40191 and 49503.
( 4) Solid waste enterprise:- A solid waste enterprise as defined in California Public
Resources Code Section 49504.
(y) Solid waste handling services:- A solid waste handling service as defined in
California Public Resources Code Section 49505.
C (w) Transfer st tidn:-,LL A solid waste transfer or processing station or facility as defined in
California Public Resources Code Section 40200,
(gax) Organic waster 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.
8-77. Permit.
(a) No person contractor or solid wash ante rise shall char e a fee or ecce tan form
of compensation to collect any solid waste, hazardous waste or infectious waste upon, along
or across any public highway in the city from any commercial, industrial or multifamily
residential units, or residential units without first applying for and receiving all permits
required from the city. in addition to the permit required under this article, a business license
must be obtained prior to doing business within the city, and a separate vehicle permit for
each and every vehicle used for collecting solid waste; hazardous waste or infectious waste
and setting of containers within the city right-of-way. The permittee shall place each permit
issued pursuant to this article in the lower right front window of the vehicle so that it is clearly
visible from the street.
(b) The city shall develop and implement a procedure for evaluating the performance of
any and all permittees operating under the provisions of this article, Permitted haulers shall
submit reports on their hauling activit as r aired b the director of public
services. These re ruts will be submitted in the format and frequency established_by the
director of public services.
Failure to provide said reports by their established due daft i 4"
will result in
an adrriinistratrve enaft . if said reports are not submitted within
forty-five (4) days of irn osition of the administrative anal alon
with a ment of said enal the hauler's permit will be
revoked as provided in section 8-79. Failure to meet minimum diversion rates will result in
the revocation of the permit as provided in section 8-79.
i (c) Any person,,_ contractor or solid waste enterprise who is issued a permit pursuant to
this article shall comply with all of the regulations in this article including but not limited to the
source reduction and recycling provisions of section 8-84.
(d) Any person, contractor or solid waste enterprise desiring to obtain a permit to remove
or convey any solid waste, hazardous waste or infectious waste upon or along any public
highway within the city from any commercial, 'industrial or residential multifamily unit(s), or
residential unit(s), shall sign and file an application with the city and pay a permit application
fee established by resolution of the city council. To the extent permitted by law, the
information submitted in the application shall be kept confidential,
(e) Each permit application shall be filed with the public services department and shall
include the following information:
(1) The name and address of the applicant.
(2) The i
st�ial ri-; a y
residenUal.-nutter and Nce of vehicles to be used hxt thp nnnfi nt.
(3) image-Geel" arse -t be
ly
` , Additional information as established the director of
clic services to assistte Cit 's adrninistration end oversi iht authorit as established
bS State law.
() For hazardous waste and infectious waste, written proof that the person or solid
waste enterprise has obtained all necessary permits from the county, State of California
and federal agencies for the collection of such waste and has insurance coverage for
the transport and disposal of such waste.
f For -hire haulers shall bo re aired to obtain a "solid waste franchise" cermit. This ermit
will allow for the provision of recurrin and tem ora services in all areas franchised hy the
Cit of Costa Mesa. In addition to the requirements established for Al Dermit a licants
herein the solid waste enter rise Emit a licant shall also bere aired to submit,-
(15)
ubmit:(1) 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:
a. Reduction of solid waste to maintain a fi percent (5016) pe nt-diversion
rate through source reduction, recycling and composting and a si _fivrt
5°` diversion rate for construction and demolition waste.
b. Economic incentives to achieve the diversion rates set forth in subparagraph
. herein
C. Technical, instructional, promotional, and educational programs to achieve
the diversion rates set forth in subparagraph k54a. herein.
d. Composting programs to facilitate the achievement of the diversion rates set
forth in subparagraph . herein.
e. Special waste programs.
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 shall require a permit applicant_, seekirg
deskjnat*i,,-to demonstrate its ability to provide organics recycling services
as a condition of permit issuan
other information or additional financial information the
p w -, including, but not limited to, the right to audit financial records, or require
a performance bond, or ether suitable evidence of financial responsibility, if at any
time such information is found to be necessary by the city council. The permittee
will provide a certified copy of the permittee's last fiscal year's financial report,
audited by a certified public accountant.' All financial information contained in the
U
permit application made to the city pursuant to this article shall be deemed to be
confidential and shall be retained by the city for its use and, under no
circumstances, will such information be released to anyone other than the
permittee without the consent of the permittee.
(g) The Costo Mesa Sanitary District ("CMSD") will continue its franchise for all
single-family residential and multi -family residential receiving curbside service. No other
permittee will be allowed to operate in areas governed by the C SD.
.....Contractor self haul errnit a li nts must com 1 with items a throe e of
this section and shall al rovide er- ro"act forms as r aired b the director of ni lic
services- and subs uentl submit all waste die Deal and diversion tickets associated
with their ro'ect s at the time rescribed the director of ublic services. Failure to
submit both the re aired form and all associated wei ht tickets shall sub act the
ermittee to an administrative anal as outlined in Section 8-84.
8-78. Issuance or denial of er 1 o
(a) When an application has been made to the city for a permit pursuant to this article, it
shall be the duty of the director of the public services department to consider the matter; and
he or she shall have the right to grant, ;condition or deny the permit request, and such
decision shall be subject to an appeal to the city council pursuant to Chapter IX of Title 2 of
this Code. In granting, conditioning or denying the permit request, the director of public
services and the city council may take into consideration factors, including, but not limited
to, the following.
(t) The ability of the permittee to comply with the solid waste handling service
standards enumerated in this article:
(2) The ability of the permittee to comply with the equipment standards enumerated
in this article.
() The ability of the permittee to comply with the provisions regarding insurance or
bonds enumerated in this article.
(4) The ability of the permittee to provide programs and comply with the City of Costa
Mesa Source Reduction and Recycling Element and implement the source reduction
and recycling plan proposed by the permittee pursuant to paragraph () of subsection
(e) of section -77,
(b) The decision by the city council on a permit application shall be final.
(c) No permit granted pursuant to this article shall be assigned or transferred without the
consent of the director of public services. The term of the solid waste franchise permit shall
be for a period of seven (7) years, provided that on each anniversary date of a permit it shall
be automatically extended for one (1) additional year so that the term remains seven (7)
years unless at least sixty (60) days prior to the anniversary date either the city or permittee
notifies the other in writing that the permit will not be renewed in which case the term shall
not be extended for an additional year and will have only six (6) years remaining and shall
not be automatically extended thereafter. Nothing in this subdivision shall prevent the city
from terminating a solid waste franchise permit before the end of its term pursuant to the
provisions of section 8.79. No permit granted pursuant to this article shall limit the right of
the city to grant an exclusive or nonexclusive franchise for solid waste handling services in
the city. A permit issued under this article shall not grant the permittee rights under
California Public Resources Code Section 40520, where at the time the permit is granted the
permittee did not have a"right to continue service under such section:
8-79. _ evocation of permit.
(a) In the event that any person contractor or solid waste enterprise holding a permit to
collect solid waste, hazardous waste, or infectious waste upon or Mang any public highway
within the city from any commercial, industrial, or multifamily residential unit(s), or residential
unit(s) violates any of the conditions of such permit, the requirements of section 8-87, the
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 contractor or solid waste
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 pe it 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 1X 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 solid waste franchise permittee to comply with the
requirements of section 8-84, including, but not limited to, the n as fi
° acnievement of diversion re "uirements, `
the following procedure will be followed:
(1) The director will determine whether the gffLdt e has made a good faith
effort to comply with the conditions of the permit and the requirements of this article.
The director will consider evidence submitted by the pefmiteepgg]2�tttee concerning this
p matter and the pefrrtiteepgLM�ttee 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 theermine has taken to meet the
requirement, the expense required to provide the pefrnsitee2gLMittee with the means for
compliance, the results of similar permittees in meeting the requirement, the availability
of new technologies which the pefm#ee,2qUDfttee couldutilize to satisfy the
requirement, the plans submitted by thee ermittee showing what steps it plans
to take to enable it to fully comply with the requirement and the time that will take,
whether pefmiteepgoittee has already taken reasonable steps to alter its operations
in time to meet the requirement, and what impact the permittee's failure has on the city's
overall compliance with the state requirements for solid waste reduction and diversion.
ct�)
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
p ermitt e, 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
ermitte 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 ermihee 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.
8-80. Equipment requirements.
(a) Vehicles used by the permittee for solid waste handling services shall be approved by
the director of public services or his or her designee and shall be in safe and operable
condition, Vehicles shall be painted with the firm name on each side at a minimum of three-
inch -high letters, No materials shall leak, fall or be spilled from any such vehicle or bin
attached thereto. Vehicles shall be equipped with shovels and brooms to clean up spillage.
Equipment bodies shall be of metal and watertight. Vehicles must pass city approved
inspections and meet applicable air quality and vehicle emissions standards. Truck bodies
shall be closed when used to transport solid waste, hazardous waste or infectiouswaste
contents to places of disposal or separation for recycling. The maximum gross weight
imposed by the wheels of any one (1) axle shall not exceed twenty thousand (20,000)
pounds. Vehicles shall be operated in such a manner as to minimize their exterior noise
levels in the 'city. Vehicles must conform to the California Vehicle 'Code and all other
applicable laws and are subject to inspection at any time by the city or the Califomia Highway
Patrol.
(b) Each vehicle required to have a permit, pursuant to this article, must pass a California
Highway patrol Biannual Inspection of Terminals for each vehicle or other inspection
approved by the director of public services. Proof of inspection is required to be submitted to
the public services department twice per year. Failure to pass the vehicle inspection may
result in denial or revocation of the permit
(c) Each container of a residential unit utilizing curbside service shall comply with the
requirements of the CMSD.
(d) Containers to be used by industrial and commercial units and multifamily units not
utilizing curbside service shall be provided by the permittee. Containers shall have the name
and the phone number of the permittee clearly visible can two (2) sides in letters not less than
three (3) inches in height. Containers shall be of a design and size to contain all the contents
therein in such manner as to promote good housekeeping conditions. The owner of such
containers shall maintain them in a safe and sanitary condition. The director of public
services shall have the authority to approve new containers at any time.
(e) All permittees shall maintain their containers to present a well -kept appearance and
ensure that the container area is left clean of debris and refuse after pickup or delivery. Users
shall be responsible for the cleanliness of the containers and sanitary conditions of the
surrounding area between services.
. Service standards.
(a) In all areas of the city pickup shall be at least once per week. Pickups shall not be
made between the hours of 8:00 p.m. and 7:00 a.m., unless otherwise approved by the
director of public services or CMSD. No collection will be allowed on Sundays or between
the hours of 8:00 p.m. and 7:00 a.m. on weekdays or weekends unless requested and
specifically approved by the director of public services: In the event of a holiday, pickups
shall be completed one (1) day later than the regularly scheduled collection day. The
following are considered to be holidays: New Year's Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving and Christmas Day.
(b) The schedule for collection from commercial and industrial units shall be determined
by the permittee and occupants of such units and subject to review by the director of public
services:
(c) The permittee shall provide all multi -family residential units a container or containers
that have a minimum storage capacity of one-half (1/2) cubic yard of refuse per dwelling unit
per week. The minimum service standards are subject to review by the director of public
services,
(d) All collections of refuse from multi -family residential units of five (5) or more dwelling
units shall be made from private property except where the director of public services has
made a written determination that there is a physical limitation or documented safety issue(s)
that prevents collection service from private property.
(e) The permittee shall be allowed, unless specifically forbidden to do so by the owners
or occupants, to enter private courts or places or other private property to make collections
under a contract or permit, except in drive-in eating places and drive-in markets where refuse
is kept in a paved service yard and where the same shall be picked rap from such service
yard when deposited there.
(f) Solid waste franchise permittees shall maintain a place of business at some fixed
place ' . Ib . qty --and shall maintain a telephone, listed in the telephone directory in
his or her own name or in the firm name by which he or she is most commonly known. At all
times during the hours between 8:00 a.m. and 5:00 p.m, of each day upon which collections
are made, said office must be staffed to receive complaints regarding collection. An
emergency number shall be made available to city hall for the hours between 5:00 p.m. and
8:00 a.m. and for days upon which collections are not made.
(g) If for some reason refuse is not collected, the permittee will leave a tag at least two
() inches by six (6) inches explaining why on the receptacle or bundle: The condition
referred to on said tag must be corrected within one (1) week. The permittee shall be required
to maintain daily fogs of all flags issued stating the location, and the reason for refusing
collection.
(h) The permittee shall in person or by his agent, visit the office of the director of public
services at such times as the director of public services shall designate for the purpose of
discussing any matters or subject relating to, and any complaints which may concern the
performance of his or her permit. The permittee shall report back to the director of public
services within the next working day regarding any action or procedure taken with reference
to complaints or other matters discussed.
(i) In the event of a natural disaster, earthquake, storm, fire or other extraordinary
occurrence that may tend to generate abnormal amounts of refuse, the city may require
additional collection upon agreement between the city manager and the permittee.
0) In the event that service is interrupted due to labor disputes or other events' impacting
the health, safety and welfare of the citizens of the city, the city shall have the right to take
over and operate any and all equipment of the permittee in order to continue service pursuant
to the terms of the contract or permit if it is determined by the city manager to be necessary
to the health, safety and welfare of the citizens of the city, if necessary; in the judgment of
the city manager, city employees may operate said equipment.
, Insurance and bonds.
(a) The permittee shall at all times keep fully insured, at his or her own expense, all
persons employed by him or her- in connection with the contract or ermit workers'
compensation insurance as required by the State of California
and shall hold the city free and harmless from all
liabilities that may arise by reason on the injuries to any employee of the permittee who are
injured while performing any work or labor necessary to carryout the provisions of a contract
or permit. The permittee,during the life of the permit, shall keep on file with the city clerk
evidence that the permittee is fully and properly insured as required by Mate law.
(b) If necessary, in the judgment of city council, the permittee shall deposit with the city a
cash deposit or a performance bond guaranteeing the performance of any permit which he
may have with the city. The cash deposit or bond shall be in the amount and in a form
approved by the city attorney.
() The permittee shall indemnify the city, its officers and employees, against, and hold
the city, its officers and employees, harmless from, any claims asserted against the permittee
on account of the negligence of the permittee or its employees, by employees of the
permittee or by third parties, arising out of personal injuries or property damage, including
hazardous material cleanup costs and penalties, suffered by any such persons on account
of the operations of the permittee hereunder. The permittee shall provide and maintain in
effect, bodily injury, property damage and environmental liability insurance with limits in an
amount approved by the city attorney and as set forth in the permit granted. The "permittee
shall have the city, its officials and employees named as an additional insured under each of
the aforementioned policies, and such policies shall be endorsed to require thirty (30) days
written notice to the city prior to any cancellation thereof. The permittee shall furnish to the
city certificates evidencing that the insurance required hereunder is in effect and such
certificates shall be in a form approved by the city's risk management office.
-. Regulations.
(a) it shall be unlawful for any person to place, deposit, dump or cause to be placed,
deposited or dumped any solid waste, hazardous waste or infectious waste in or upon any
private property or in or upon any public property which the public is admitted by easement
or license without the consent of the owner, or in or upon any public highway, street, alley,
sidewalk, gutter, parkway or upon any private road, alley, sidewalk, gutter or driveway in
common use, or upon any public property other than property designated or set aside as a
disposal station for such purpose by resolution of the city council or county board of
supervisors.
(b) It shall be unlawful for any person to place, deposit or dump solid waste, hazardous
waste or infectious waste of any kind whatsoever upon any private or public property within
a distance of one thousand (1,000) feet from any public highway in the city, or within a
distance of five hundred (500) feet from any established residence or dwelling house within
the city, or to cause or suffer or permit such solid waste, hazardous waste or infectious waste
to be placed, deposited or dumped upon any public or private property within a distance of
one thousand (1,000) feet of any public highway or within a distance of five hundred (500)
feet of any established residence or dwelling house in the city, without first having obtained
a use permit pursuant to the zoning laws of the city, county, and State of California, or
pursuant to any other zoning law that may be hereafter adopted in the place and stead of
said zoning laws of the city. The provisions of this subsection shall not apply to solid waste,
hazardous waste or infectious waste placed into a container for pickup by a solid waste
enterprise operating pursuant to a permit issued under this article.
(c) No person shall burn any solid waste, hazardous waste or infectious waste within the
city without having first complied with all rules and regulations of the city, the county, the
South Coast Air Quality Management District and the state.
() No person shall scavenge or bury any solid waste, hazardous waste or infectious
waste within the city.
(e) Special arrangements must be made and permits issued by the county, State of
California, and federal agencies for the disposal of any of the following items: Ammunition;
explosives; industrial waste; chemicals; infectious; hazardous and radioactive waste; acids;
drugs; medicines; human feces; unwrapped animal feces; and items which are too large for
the collection equipment orwhich may damage the collection machinery such as large pieces
of metal, machine parts, logs and tree stumps.
(f) Branches of trees, hedges, etc., shall be cut in lengths of not over four () feet and
placed in containers or tied into bundles not exceeding fifty (50) pounds. All vacuum cleaner
dust sweepings or ashes shall be wrapped and placed in the container,Newspapers and
magazines may be bundled in bundles not exceeding fifty () pounds maximum. All metal
containers may be placed in an enclosed container or wrapped in bundles not exceeding fifty
(50) pounds maximum. In areas of curbside refuse collection, the requirements of this
subsection are superseded by any requirements of the C SCS:
() It shall be unlawful for a person contractor or solid waste enterprise to commingle
solid waste collected from within the jurisdictionof the City of Costa Mesa with solid waste
collected from any other jurisdiction. A violation of this subsection shall result in the
revocation of the permit pursuant to section 8-79. -
l It shall be unlawful for an arson contractor or solid waste enter rise to lace solid waste
collection containers on ublic or rivate roe without the ro ria i, c1 ermit. For the
first violation of this subsection the ci will irn ound containers of non- ermitted ersons
contractors or solid waste franchises fort -ei ht 48)hours after such containers are
observed b the ci or the ci 's a ent. For these nd violation of this subsection the c
will impound containers of non- ermitted arsons contractors or solid waste enter rises
reviousl noticed or im ounded twen four hours after such containers are observed
the cit or the Al's; a ant: An subse uent violations shall be subject to immediate
confiscation.
Permitted haulers shall lace si na is and/or markings on their containers to clearl identi
them as ro art of the ermined hauler as re uir f. When a container that dries
not contain si ie or marin s to clearl ident i it as the roe of a ermitted hauler is
observed a notice shall be laced u on the container to inform its owner that HIP-rial haulin
has been established. The owner of that container will have fo -ei ht 48 hours to remove
said container ;or Ince si na e identif in it as ro art of the ermitted hauler so that the
ci or ci 's ant can' determine if it is the roe of a errritted hauler:
If containers laced in violation of this section are not removed within the time nmods set
forth herein an im ound fee Der container shall be im osed to cover the costs of im ound
disposal of materials container stor ie and an administrativ-L fee for ci
enforcement and administration. The irn ound fee -shall be established cit council
resolution. If the owner of the im Dounded container does not1Da the full impound fee to the
cit within ninet 90 da s of im ound the im ounded container shall become the nmnprfv
of the ci to satin the im ound fee.
The cit reserves the iht to on an annual basis enter into an im ound services agreement,
in accordance with the cit ss rocurement olicies. The selected solid waste enter rise shall
e a solid waste franchise ermittee and shall e authorized to enforce the ci 's franchise
b confis tin an roil -off containers or trash bins used for ills al haulm within cit limits.
The contracted solid waste enter rise shall be authorized to collect the im ound fee set forth
herein. The owner of the container shall a the imIDOund fee in order to remove the ro art
out of im ound. If the owner does not rYM within nii 90 da sof im ound the contracted
solid waste enter rise shall kee the im ounded container to sati f its service and hauling
char es.
(h) For any type of solid waste collection in the city, it shall be unlawful for any person to
use the services offered by a person, service, or enterprise that hes not obtained all the
required permits from the city pursuant to this article.
(i) All businesses as defined by Public Resources Code section 42649.1 generating four
(4) cubic yards of trash per week, and all multi -family properties of five (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 42649:6 et seq.; including multi -family residential dwellings of five () 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 (6) cubic yards or
more of organic waste per week shall arrange for recycling services specifically for
organic waste,-
(2)
aste;(2) On and after January 1, 2017, a business that generates four (4) cubic yards or
more of organic waste per week shall arrange for recycling services specifically for
organic waste;
() 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
fifty (50) percent of the level of disposal during 2014, a business that generates two (2)
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.
(k) All businesses as defined by Public Resources Code section 42649.3 at seq. including
multi -family residential dwellings of five (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
t ._
(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.
8-84. _Source reduction and recycling.
(a) This section is enacted for the purpose of compliance with the California Integrated
Waste Management Act of 1989 in accordance with California Public Resources
Code Sections 40000 et seq. ("Act"). The city has adopted a source reduction and recycling
element and household hazardous waste element pursuant to said Act which provides for
the imposition and collection of charges to fund the preparation, adoption and
implementation of said elements. Such charges shall be determined; fixed and established
by the city council by resolution. Such charges may be changed by the city council from time
to time by resolution.
(b) A solid waste franchise permittee, as a condition of the permit, shall comply with the
following source reduction and recycling requirements:
(1) The permittee shall take all necessary steps to cause the industrial, commercial,
multifamily residential units, and residential units who produce solid waste subject to
the permit and the Act to divert solid waste as required by California Public Resources
Code Section 41870 through source reduction; recycling and composting.
(2) The permittee shall provide
feGyofiRg-ele, urterly reports to the public services department on
the form and in the format re uired b the citxl summarizing its progress in diverting
solid waste generated by its customers in the city as required by California Public
Resources Code Section 41870 and 41821. The quarterly reports must identify the
tonnage collected, tannage recycled, tonnage composted, percentage of waste
recycled and/or composted, materials recycled, and
the facilities receivin all waste erRerated. In
addition uarterl re orfs must rovide the level o customers ecific data re aired to
enable the Citf,to be in com liance with State -mandated re ortin re in ments.
uarterl re arta are due 30 da s after the calendar uarter's end. Late re arts are
su`ert to a fine which shall e established cit council resolution. All r nested
re ort data must be rovided. lncom late re orfs will not be acre ted and will be
considered as late re orts until the are full cam feted:
(3) As a permittee of the city, the permittee shall be an authorized recycling agent of
the city and shall become the owner of all solid waste and recyclable materials, and
hazardous waste and infectious waste collected pursuant to the permit. The permittee
is solely responsible for arranging for the collection, transportation, recycling, and
disposal of all solid waste, hazardous waste or infectious waste collected pursuant to
the permit. The ;recyclables become the property of the permittee once placed in the
collection bin.
(4) The permittee shall collect a source reduction and recycling fee as imposed by
resolution of the city council pursuant to the California Public Resources Code Section
41902 and this section.
(c) A contractor self -haul Joermittee as -a condition of the I emit shall corn l with the
foil own re uirernents to show corn fiance with section -84:
1 1 for er- ro° ct errnits. These er- ro'ect ermits are re aired for each `ob
enrrned dtarin the calendar ear in which the erri ittee is authorized by the nit
to haul the solid este thay nignarate.
2 ' re aired er- ro'ect fees which shall e established b cit council resolution.
Qom iota and surriit ell re "aired formas:
Divert sisct -five ercent 5°r' cif the solid waste ener to the contractor'
business activi on that ro`ect or resent the ci with evidence showing the
maximum amount of solid waste was diverted from landfills
5 Iia an molt assessed b the ci for failure to rovide re aired re arts wei ht
tickets car Cather re nested substantiation o Com liana haulm activi' raw uestegb
the cite.. These enalties are as follows:
malt amount e nal to three times the estatalised er- ro'ect dee for
failure to submit an re aired form or wei ht ticket For that ro"act.
. enol erraciunt e uel to two tirnos the teblished er- ro'e t fee for failure
to achieve sift -five er nt 65°li diversion rate o rovide substantiation
that the maximum solid waste nossible was diverted from landfill, It shall qnlply
be at the cit 's discretion to determine if the maximum solid was ossible
was diverted from landfills
d Failure of the permittee to comply with the provisions of this section shall subject the
permittee to additional civil penalties as determined and approved by city council pursuant
to California Public Resources Code Section 41954.
() Notwithstanding the provisions of section -3, a person or entity owning or occupying
an industrial, commercial, multifamily residential, or residential unit shall be permitted to
create and use compost, as defined in California Public Resources Code Section 40116, on
the private or public property that such person or entity owns or occupies.
(fo) The requirements of this section shell not apply to the solid waste handling services
provided by the solid waste enterprise under contract with the C rovided the C l
establishes source reduction and rec clivi standards that are Com liana with all Mate
mandates a on the waste collected under the CD's contract,
. Disposal f heavy objects.
Every person occupying or having charge or control of any premises in the city shall, at lust once
within each calendar month, collect and dispose of all waste material and debris, and all other
material not included in the meaning of waste material as defined in section 8-76, which may have
accumulated on his premises, provided that building or construction waste or debris will be
removed upon completion of construction operations, All such waste and debris shall be removed
to such dump grounds as may be provided or designated by the city or county.
. Solid waste hauler pennittees to comply with solid waste agreement it ran e
County.
Notwithstanding the provisions of this article, any person or solid waste enterprise holding a permit
issued pursuant to this article shall be required as a condition of that permit to comply with the
provisions of the solid waste agreement between the County of Orange and the City of Costa
Mesa, and as amended, whichagreement is attached as Appendix A to Title 8 and incorporated
herein by this reference. The provisions of this section shall be effective July 1, 1997.
. Franchise fee:
(b) Grant of franchise. The city hereby grants a solid waste hauling franchise to any solid
waste enterprise ippon the issuance to it of a permit issued pursuant to section 8-77 of this
article. The term of the franchise shall run concurrently with the term of the permit and shall
end upon the termination of the permit. The valid possession of such a permit shall be
deemed to make a solid waste enterprise a franchisee under this section.
4
f
(ad) Franchise fee. Every holder of a franchise issued pursuant to this section
("franchisee") shall pay a franchise fee as set by city council resolution based on the
percentage of oared gross receipts. The purpose of the franchise fee into provide
funds to the city to pay for the maintenance and rehabilitation of the public highways in the
city and for 'other general revenue purposes. ,. s ranchisees shall pay an annual
minimum franchisee fee in the amount of ten thousand dollars ($10,000.00). This fee shall
be prorated in the amountof two thousand five hundred dollars ($2,500.00) per quarter
beginning with the quarter in which the franchise is granted. € f
- t SSuch annual minimum franchisee fee payments
shall be paid to the city upon issuance of a permit pursuant to section -77 of this article and,
thereafter, by January 1 of each calendar year. Failure to timely pay franchise fees shall
result in a penalty in the amount of five grcen (%) ent of the delinquent franchise fee
owed, plus an additional one and one-half 2ffgent (t .° of the fee for each month,
or any portion 'thereof, that payment is late. Failure to timely pay franchise fees may also
result in the commencement of permit revocation proceedings. The annual minimum
franchisee fee shall be credited only toward the franchise fees that accrue during the same
calendar year in which the minimum fee is paid.
() Quarterly fFranchise fee reports Wd a merit . Every franchisee is required to submit
a quarterly franchise fee report and a the established franchise fee on all roes recei is
for that uarter. Fre- aid franchise fees are use d'to satin this uarterlt obi i ation a to the
full re- a merit amount. Failure to submit a rrtent and there uireda report within forty-five
(45) days of the end of each calendar quarter shall result in a fine which shall be established
b ci cauncil resolution lg) ,mmfor each non -submittal.
Submission of an incomplete report shall constitute a failure to submit a report and shall be
subject to the same fine as that for non -submittal.
(f) Records requirements, Every franchisee shall maintain all records relating to its solid
waste handling services pursuant to this section, including, but not limited to, customer lists,
billing records, services requests, cash receipts records, records demonstrating compliance
with the requirements of section 5-4(b) of this article, and other documents and materials
that reasonably relate the franchisee's compliance with this section. Upon five (5) business
days' notice, such records shall be made available for city inspection at the franchisee's
regular place of business. If the franchisee's regular place of business is not located within
the county, the franchisee shall make such records available for city inspection at a location
within the county, as determined by the city.
(g) Audit requirements. An independent auditing firm shall perform an audit, at the city's
expense, of any franchisee's records (the "city audit") to ensure compliance with the
provisions of this section on an annual and/or as -needed basis, to be determined by the city.
The scope of the city audit shall be set by city council resolution: If a city audit determines
that a franchisee has not paid its full franchise fee, the city shall invoice the franchisee for
the amount of the net deficiency plus a penalty fee equal to twenty_percent ( %) of
the net deficiency.
() Exemption for CMSD. The franchise fee imposed pursuant to this section shall not be
imposed upon any solid waste enterprise that has a franchise or contract with the Costa
Mesa unitary District for any revenue the solid waste enterprise earns under that franchise
or contract.
ATTACHMENT 4
Building Industry s ti rs of Southern California,,
Inc.
DERANGE COUNTY CHAPTER
December 5, 2017
PRESIDENT
PHIL BODEM
MERITAGE HOMES
Mayor Sandra Gents
City of Costa MesaSIDENT
ERTLAN
KE PR
77 Fair Drive
KB ROME
Costa Mesa, CA 92626
TREASURER
RICK WOOD
TRI POINTE HOMES
Re: Waste Hauling Requirements
SECRETARY'
SUNTI KUMJIM
Dear Mayor and Council;
MBK HOMES
IMMEDIATE PAST PRESIDENT
On behalf of our membership, we appreciate the opportunity to offer
JIM YATES
comments on the proposed municipal code revisions for Permitted
RANCHO MISSION VIEJO
Waste Hauling Requirements.
TRADE CONTRACTOR V.P.
ALAN BOUDREAU
BOUDREAU PIPELINE
As you are aware, the Building Industry .Association of Southern
CORPORATION
California, Orange'County Chapter (BIA/CSC) is anon -profit trade
ASSOCIATE VICE PRESIDENT
association of over 1,100 member companies employing over 100;000
MARK HIMMELSTEIN
NEWMEYER & DILLION, LLP
people affiliated with the home building • dustry. Our mission is to
champion housing as the foundation of vibrant and sustainable
MEMBER -AT -LARGE
LAURA ARCHULETA
JAMBOREE HOUSING
communities.
MEMBER -AT -LARGE
Per the staff report, the proposed revisions provide lower permit fees
SCOTT
STARKEY
and eliminate the required pre -payment of non-refundable franchise
fees. It also eliminates certain City audit requirements which we believe
EXECUTIVE OFFICER
STEVE LA MOTTE
will streamline operations and cut overhead.
BIA/OC is always seeking ways to simplify the process of home creation
d we appreciate' Costa Mesa's efforts here.
Thank you for your thoughtful consideration,
Respectfully,
Steven C. LaMotte
Chapter Executive Officer