HomeMy WebLinkAbout18-01 Waste HaulingORDINANCE NO. 18-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, AMENDING ARTICLE 1 (SOLID WASTE COLLECTION) OF CHAPTER IV
(GARBAGE, RUBBISH AND WEEDS) OF TITLE 8 (HEALTH AND SANITATION) OF THE
COSTA MESA MUNICIPAL CODE
WHEREAS, the 2016 California Green Building Standards Code ("CalGreen Code")
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; and
WHEREAS, permitting self -hauling by contractors will create an easier and more
cost-effective option for contractors to legally haul construction and demolition materials
generated within the City, while aiding the City in meeting State -mandated administration,
monitoring, and reporting requirements for such diversion; and
WHEREAS, in 2016, 23,557.60 tons of City waste was taken to Orange County
landfills by non -franchised hauling activity; 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; and
WHEREAS, Assembly Bill (AB) 341 (Mandatory Commercial Recycling) and
Assembly Bill (AB) 1826 (Mandatory Commercial Organics Recycling) establish monitoring
and reporting requirements, and penalties for failing to comply with such requirements; and
WHEREAS, establishing administrative penalties will support the City's compliance
efforts with AB 341, AB 1826, and CalGreen Code monitoring and reporting requirements;
and
WHEREAS, this Ordinance has been reviewed for compliance with the California
Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's environmental
procedures, and has been found to be exempt pursuant to Section 15061(b)(3) (General
Rule), 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 1. Sections 8-76, 8-77, 8-78, 8-79, 8-81, 8-82, 8-83, 8-84, and 8-87 of
Article 1 (Solid Waste Collection) of Chapter IV (Garbage, Rubbish and Weeds) of Title 8
(Health and Sanitation) of the Costa Mesa Municipal Code are hereby amended as follows:
Ordinance No. 18-01 Page 1 of 17
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:
(a) Collection: The operation of gathering together and transporting solid waste to the
point of disposal.
(b) County: County of Orange.
(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) Contractor Self -Haul: The act of hauling solid waste, subject to this article, by
construction and demolition contractors as an ancillary function to their primary
business activity.
(e) 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 or the
County for the disposal of refuse.
(g) For -hire hauling: A business relationship that provides compensation for the hauling
of solid waste subject to this article.
(h) Garbage: Solid waste as defined in California Public Resources Code Sections 40191
and 49503.
(i) Multifamilyresidential units: A permanent building containing two (2) or more dwelling
units including, but not limited to, mobile home parks.
(j) Hazardous waste:
(1) All waste defined or characterized as hazardous waste by the Federal Solid Waste
Disposal Act (42 U.S.C. § 3251 et seq.), as amended, including the Resource
Conservation and Recovery Act of 1976 (42 U.S.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":
Ordinance No. 18-01 Page 2 of 17
a. Is intended tc mean and include those substances which are 11ct 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.
(k) Illegal hauling: The act of performing for -hire hauling of any solid waste material
subject to this article without obtaining a City -issued permit.
(1) Industrial units: Any business establishment engaged in manufacturing, warehousing,
construction. and/or demolition.
(m)Infectious waste: Solid waste capable of 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
et seq.). 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.
(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 -separated recyclables
are processed and recovered.
(p) Permittee: 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.
(q) 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.
(s) 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.
Ordinance No. 18-01 Page 3 of 17
(t) Refuse: Solid waste as defined in California Public Resources Code Sections 40191
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) Scavenge: 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.
(w)Solid waste: All solid waste as defined in California Public Resources Code Sections
40191 and 49503.
(x) 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.
B. Section 8-77 shall be amended to read as follows:
Sec. 8-77. — Permit.
(a) No person, contractor, 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.
(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 activity, as required by the director of public services.
These reports shall be submitted in the format and frequency established by the director
of public services. Failure to provide said reports, by their established due date, will result
in an administrative penalty. If said reports are not submitted within forty-five (45) days
of the imposition of an administrative penalty, along with payment of said penalty, the
Ordinance No. 18-01 Page 4 of 17
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.
(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 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 administration and oversight authority as established by State law.
(4) 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 be required to obtain a "solid waste franchise" permit. This permit
will allow for the provision of recurring and temporary services in all areas franchised by
the City of Costa Mesa. In addition to the requirements established for all permit
applicants herein, the solid waste franchise permit applicant shall also be required to
submit:
(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 fifty percent (50%) diversion rate
through source reduction, recycling and composting, and a sixty-five percent
(65%) diversion rate for construction and demolition waste.
b. Economic incentives to achieve the diversion rates set forth in subparagraph
a. herein.
Ordinance No. 18-01 Page 5 of 17
c. Technical, instructional, promotional, and educational programs to achieve the
diversion rates set forth in subparagraph a. herein.
d. Composting programs to facilitate the achievement of the diversion rates set
forth in subparagraph a. herein.
e. Special waste programs.
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 to demonstrate its
ability to provide organics recycling services as a condition of permit issuance.
g. 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 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 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 otherthan the permittee without the consent
of the permittee.
(g) The Costa 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 CMSD.
(h) Contractor self -haul permit applicants must comply with items (a) through (e) of this
section and 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 8-84.
C. Section 8-78 shall be amended to read as follows:
Sec. 8-78. — Issuance or denial of permit.
(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:
Ordinance No. 18-01 Page 6 of 17
(1) 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.
(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 8-
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 49520, where
at the time the permit is granted the permittee did not have a right to continue service
under such section.
D. Section 8-79 shall be amended to read as follows:
Sec. 8-79. — 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 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.
Ordinance No. 18-01 Page 7 of 17
(b) The director of public services may revoke a permit by issuing a written order to the
permittee and the order shall state the grounds for such revocation, and that if proof of
compliance is not provided to the director of public services within thirty (30) calendar
days from the date of the written order, the permit will be revoked forty-five (45) calendar
days from the date the written order was mailed. The order shall be mailed by certified
mail to the permittee. The written order shall be subject to an appeal to the city council
pursuant to Chapter IX of Title 2 of this Code. Upon revocation of a permit, the permittee
shall cease all services subject to the permit within seventy-five (75) calendar days from
the date the order is mailed. The director may adopt regulations to implement the
provisions of this section.
(c) 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
procedure will be followed:
(1) The director will determine whether the permittee 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 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 with 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 by the permittee showing
what steps it plans to take to enable it to fully comply with the requirement and the
time that will take, whether permittee 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. 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 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 as: (i) the permittee 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 permittee
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.
Ordinance No. 18-01 Page 8 of 17
(0) 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.
E. Subsection (f) of Section 8-81 shall be amended to read as follows:
(f) Solid waste franchise permittees shall maintain a place of business at some fixed place
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.
F. Subsection (a) of Section 8-82 shall be amended to read as follows:
(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 permit 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 of the injuries to any employee of the permittee
who is injured while performing any work or labor necessary to carry out 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 State
law.
G. Section 8-83 shall be amended to read as follows:
Sec. 8-83. - 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
Ordinance No. 18-01 Page 9 of 17
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.
(d) 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 or which 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 (4) 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 (50) 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 CMSD.
(g) It shall be unlawful for a person, contractor or solid waste enterprise to commingle solid
waste collected from within the jurisdiction of 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.
(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 has not obtained all the
required permits from the city pursuant to this article.
(i) It shall be unlawful for any person, contractor or solid waste enterprise to place solid
waste collection containers on public property without the appropriate city permit. For the
first violation of this subsection, the city will impound container(s) of non -permitted
persons, contractors or solid waste franchises forty-eight (48) hours after such
container(s) are observed by the city or the city's agent. For the second violation of this
subsection, the city will impound containers of non -permitted persons, contractors or
Ordinance No. 18-01 Page 10 of 17
solid waste enterprises previously noticed or impounded twenty-four (24) hours after
such container(s) are observed the city or the city's agent. Any subsequent violations
shall be subject to immediate confiscation.
Permitted haulers shall place signage and/or markings on their containers to clearly
identify them as property of the permitted hauler, as required by the city. When a
container that does not contain signage or markings to clearly identify it as the property
of a permitted hauler is observed, a notice shall be placed upon the container to inform
its owner that illegal hauling has been established. The owner of that container will have
forty-eight (48) hours to remove said container or place signage identifying it as property
of the permitted hauler so that the city or city's agent can determine if it is the property of
a permitted hauler.
If containers placed in violation of this section are not removed within the time periods
set forth herein, an impound fee, per container, shall be imposed to cover the costs of
impound, disposal of materials, container storage, and an administrative penalty fee for
city enforcement and administration. The impound fee shall be established by city council
resolution. If the owner of the impounded container does not pay the full impound fee to
the city within ninety (90) days of impound, the impounded container shall become the
property of the city to satisfy the impound 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.
(j) 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.
(k) On or before April 1, 2016, all businesses as defined by Public Resources Code section
42649.8 et seq., including multi -family residential dwellings of five (5) or more units, must
arrange for recycling services specifically for the organic waste that they generate in the
manner specified in subsection (k) as follows:
Ordinance No. 18-01 Page 11 of 17
(1) On and after April 1, 2016 a business that generates eight (8) cubic yards or more of
organic waste per week shall arrange for recycling services specifically for organic
waste;
(2) On and after January 1, 2017, a business that generates four (4) cubic yards or more
of organic waste per week shall arrange for recycling services specifically for organic
waste;
(3) On and after January 1, 2019, a business that generates four cubic yards or more of
commercial solid waste, as defined in Public Resources Code section 42649.1, per
week, shall arrange for recycling services specifically for organic waste; and
(4) On or after January 1, 2020, if the state Department of Resources Recycling and
Recovery determines that statewide disposal of organic waste has not been reduced
to 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 Resources Code section 42649.8 et 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
(4) 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 to contract or
otherwise make available recycling services to comply with this section.
H. Section 8-84 shall be amended to read as follows:
Sec. 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
Ordinance No. 18-01 Page 12 of 17
implementation of said elements. Such
established by the city council by resolution
council from time to time by resolution.
charges shall be determined, fixed and
Such charges may be changed by the city
(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 quarterly reports to the public services department, on
the form and in the format required by the city, summarizing its progress in diverting
solid waste generated by its customers in the city as required by California Public
Resources Code Sections 41870 and 41821. The quarterly reports shall identify the
tonnage collected, tonnage recycled, tonnage composted, percentage of waste
recycled and/or composted, materials recycled, and the facilities receiving 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 as 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 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 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.
Ordinance No. 18-01 Page 13 of 17
(4) Divert sixty-five percent (65%N 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.
(B) A penalty amount equal to two times the established per -project fee, for failure
to achieve a sixty-five percent (65%) diversion rate or provide substantiation that
the 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.
(e) Notwithstanding the provisions of section 8-83, 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.
(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 CMSD's contract.
Section 8-87 shall be amended to read as follows:
Sec. 8-87. - Franchise fee.
(a) Grant of franchise. The city hereby grants a solid waste hauling franchise to any solid
waste enterprise upon 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.
(b) 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
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 an annual minimum franchisee
fee in the amount of ten thousand dollars ($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
Ordinance No. 18-01 Page 14 of 17
quarter in which the franchise is granted. Such annual minim --m 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 1 of each calendar year. Failure to timely pay franchise fees
shall result in a penalty in the amount of five percent (5%) of the delinquent franchise fee
owed, plus an additional one and one-half percent (1.5%) 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 (45) 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.
(d) 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 8-84(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.
(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 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
(20%) of the net deficiency.
(f) 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 Sanitary District for any revenue the solid waste enterprise earns under that
franchise or contract.
Section 2. Compliance with CEQA. Adoption of this Ordinance is exempt from the
California Environmental Quality Act ("CEQA") 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.
Ordinance No. 18-01 Page 15 of 17
Section 3. Inconsistencies. Any provision
appendices thereto inconsistent with the provisions
inconsistencies and no further, is hereby repealed
effect the provisions of this Ordinance.
of the Costa Mesa Municipal Code or
of this Ordinance, to the extent of such
or modified to that extent necessary to
Section 4. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity of
the remaining 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 be declared invalid or unconstitutional.
Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after its
final passage.
Section 6. Certification. The City Clerk shall certify to the passage and adoption
of this Ordinance and shall cause the same to be published or posted in the manner required
by law.
PASSED AND ADOPTED this 21d day of January, 2018.
ra L. Genis, Mayor
ATTEST:
&' ()Xruk
Brenda Gre , City Clerk
APPROVED AS TO FORM:
Thomas Duarte, City Attorney
Ordinance No. 18-01 Page 16 of 17
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing Ordinance No. 18-01 was duly introduced for first reading at a
regular meeting of the City Council held on the 5th day of December, 2017, and that
thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City
Council held on the 2nd day of January, 2018, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: Foley, Righeimer, Stephens, Mansoor, Genis
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City
of Costa Mesa this 31d day of January, 2018.
&,MCS -3 Qrlat.,
BRENDA GREEN, CITY CLERK
Ordinance No. 18-01 Page 17 of 17