HomeMy WebLinkAboutORD 1406 ORDINANCE NO. 1406
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK,
CALIFORNIA, REPEALING AND ADDING A NEW SUBCHAPTER 50.17 (HEALTH
AND SAFETY) OF THE BALDWIN PARK RELATED TO MANDATORY COMMERCIAL
AND MULTI-FAMILY RESIDENTIAL RECYCLING AND AMENDING VARIOUS
RELATED DEFINITIONS
WHEREAS, the purpose of this new subchapter 50.17 is to establish requirements
for the collection and recycling of recyclable materials and collection and organics
processing of organic materials generated from commercial facilities, multifamily
dwellings, and large events and venues;
WHEREAS, these requirements will assist the City of Baldwin Park ("City") in
complying with the Integrated Waste Management Act of 1989 (AB 939 - 1989), Large
Event and Venuses Recycling Law (AB 2176 — 2004), the Alternative Compliance Act of
2008 (AB 1016 — 2008), the Mandatory Commercial Recycling Act (AB 341 — 2011) and
the Mandatory Commercial Organics Recycling Act (AB 1826 —2014);
WHEREAS, these requirements will also help reduce greenhouse gas emissions
associated with the mining and manufacturing of goods from virgin materials and
associated with the disposal of solid waste in landfills and further protect the natural
environment and human health as well as enhance the economy through increased
recycling and organics processing activities;
WHEREAS, in addition, adoption of this Ordinance will provide exclusions and
exemptions for select waste customer, commercial generators, and large events and
large venues that are not included or able to comply with this chapter or for whom this
chapter poses an undue burden;
WHEREAS, adoption of this Ordinance will also provide for enforcement through
the use of fines for violating the requirements of the new Chapter;
WHEREAS, the City Council if the City of Baldwin Park has determine that
adoption of this Ordinance will serve the health, safety and public welfare of the
community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES ORDAIN AS FOLLOWS:
Ordinance No. 1406
Page 2
SECTION 1. The definitions of "Commercial" and "Residential" contained in
Section 50.01 (Definitions) of Chapter 50 (Solid Waste Management) shall be amended to
read as follows:
"Commercial means comprised of a business including any retail outlet, financial
establishment, commercial warehouse, manufacturing facility, professional office, hotel or
motel and automobile courts, hospital or other health care facility, any nonprofit
organization (such as any church or club), and any multi-family dwellings comprised of
five units or more"
"Residential references single family dwellings, and multi-family dwelling less than
five units. "
SECTION 2. The definition of "Multi-family" contained in Section 50.01
(Definitions) of Chapter 50 (Solid Waste Management) shall be amended as follows:
"Multi-family references any structure having multiple residences which many be
classified as residential or commercial."
SECTION 3. Chapter 50 (Solid Waste Management) of the Baldwin Park
Municipal Code (BPMC) is hereby amended to include the following new Subchapter
50.17 (Mandatory Commercial and Residential Recycling):
SUBCHAPTER 50.17 MANDATORY COMMERCIAL AND RESIDENTIAL RECYCLING
A Definitions.
"The following words or phrases, whenever used in this Chapter, shall be
constructed as defined in this section:
'Customer' means a generator that contracts for solid waste removal services and
enters into a service agreement with a franchised authorized hauler for solid waste
collection services.
`Generator' means an owner or responsible party of a commercial property which
generates solid waste as a result of its business, commercial activity or other property
activity. Generators may include tenants, property managers, and employees and
contractors of generators.
`Large event' means an event that charges an admission price, or is operated by a
local agency, and serves an average of more than 2,000 individuals per day of operation
Ordinance No. 1406
Page 3
of the event, including, but not limited to, a public, nonprofit, or privately owned park,
parking lot, golf course, street system, or other open space when being used for an event,
including, but not limited to, a sporting event or a flea market.
'Large venue' means a permanent venue facility that annually seats or serves an
average of more than 2,000 individuals within the grounds of the facility per day of
operation of the venue facility. For purposes of this chapter, a venue facility includes, but
is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater,
arena, hall, amusement park, conference or civic center, zoo, aquarium, airport,
racetrack, horse track, performing arts center, fairground, museum, theater, or other
public attraction facility. For purposes of this chapter, a site under common ownership or
control that includes more than one large venue that is contiguous with other large
venues in the site, is a single large venue.
"Organic waste" means food waste, green waste, landscape and pruning waste,
nonhazardous wood waste, and food-solid paper waste that is mixed in with food waste.
The definitions set forth in Section 50.01 and 50.17 shall also apply to this chapter.
B. Commercial generators.
Each commercial generator shall be responsible for ensuring and demonstrating its
compliance with the requirements of this chapter. Each commercial generator shall:
1. Ensure the segregation of recyclable materials and organic material from
garbage by placing each type of material in a separate designated receptacle or
container, and ensure that employees, contractors, volunteer, customers, visitors, and
other persons on site segregate recyclable materials an organic materials.
2. Provide an adequate number and type of labeled receptacles needed for
segregating and storing recyclable materials and organic materials, and provide adequate
access to these receptacles.
3. Post and maintain signs containing information and instructions on the proper
segregating and storage of recyclable materials and organic materials in areas where
receptacles are located.
4. Ensure that all receptacles used for collecting and storing recyclable materials,
organic materials, and garbage are affixed with signs or labels that display the
appropriate information to enable users to clearly differentiate which receptacles are used
Ordinance No. 1406
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for recyclable materials, organic material, and garbage minimize the contamination of
material placed in receptacles.
5. Provide adequate instructions to employees, contractors, and volunteers of the
requirements of this chapter, including (1) the requirement and procedures to ensure the
segregation of recyclable materials and organic materials from garbage; (2) the
employee's, contractor's, and volunteer's responsibilities regarding compliance with this
chapter; and (3) the types and location of receptacles and containers for recyclable
material, organic materials, and garbage.
6. Ensure that instructions or training materials provided to employees, contractors
and volunteers are promptly made available to the City upon request.
7. Ensure that the contents of receptacles are deposited in the proper container
and ensure that the contents of the receptacles for recyclable materials and organic
materials are not delivered to garbage containers. Commercial generators shall be
assessed a premium fee based on the size of the container for recyclable material and
organic material containers that are collected for garbage disposal by the franchisee if the
contents of their recyclable material and organic material containers contain unacceptable
levels of contamination.
C. Large Events and Large Venues
Large Events and Large Venues shall be responsible for ensuring and
demonstrating compliance with the requirements of this chapter. In addition to other
requirements in this chapter and Municipal Code, each Large Event and Large Venue
shall:
1. Segregate recyclable materials and ensure that employees, contractors,
volunteers, customers, visitors, and other persons on site segregate recyclable materials.
2. Ensure the Large Event and Large Venue has access to an adequate number
and type of containers needed for collecting and storing recyclable materials.
3. Provide or ensure the provision of adequate receptacles throughout the Large
Event and Large Venue location to make the segregation of recyclable materials and
organic materials convenient for employees, volunteers, contractors, vendors, exhibitors,
presenters, visitors, attendees, customers, and other person on site.
4. Ensure that all receptacles used for segregating and storing recyclable
materials, organic materials, and garbage are affixed with signs or labels that display the
appropriate information to enable users to accurately segregate solid waste and to clearly
Ordinance No. 1406
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differentiate which receptacles are used for recyclable materials, organic materials, and
garbage, to minimize the contamination of material placed in receptacles.
5. Ensure that the contents of the receptacles for recyclable materials and organic
materials are not delivered to garbage containers unless they include unacceptable levels
of contamination.
D. Provisions for self-haulers.
1. Nothing in this chapter shall preclude any person, solid waste customer,
commercial generator, multi-family generator, or Large Event and Large Venue form self-
hauling recyclable materials or organic materials generated by that entity to a recycling or
organics processing facility.
2. Self-haulers shall:
a. Comply with the requirements in this chapter by delivering for recycling those
items that can be recycled by local recycling facilities and establishments and shall
comply by delivering for organics processing those items that are accepted by local
organics processing facilities.
b. Provide proof of compliance with this chapter, upon request by the City; proof
includes but is not limited to a receipt from a recycling or organics processing facility that
clearly identifies the type and quantity of material delivered and an application for
Exemption from the Necessity for Refuse Collection.
E. Authorized Haulers.
1. Authorized Haulers shall obtain and maintain a business license with the City.
2. Authorized Haulers shall keep separate garbage, recyclable materials, and
organic materials that have been segregated into separate containers by commercial
generators, multi-family generators, or Large Event and Large Venues.
3. Authorized Haulers shall ensure that segregated recyclable materials are
delivered to a recycling facility and that segregated organic materials are delivered to an
organics processing facility, except that a container that contains unacceptable levels of
contamination may be delivered for garbage disposal if the solid waste collector notifies
the City of the occurrence; the date of the occurrence; and the account name, primary
contact, phone number, billing address, and service address for the solid waste customer
at which the container is located.
Ordinance No. 1406
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F. Exclusions.
Solid waste customers that subscribe to less than four cubic yards of garbage
collection service per week shall be excluded from the requirements of this chapter.
G. Exemptions.
Solid waste customers, commercial generators, and Large Event and Large
Venues that can document using the methods described in subsection C of this section
that the circumstances described in subsections A and B of this section pertain to their
operations shall be exempt from the requirements of this chapter.
1. No Generation of Recyclable Materials. Solid waste customers, commercial
generators, and Large Event and Large Venues may be exempt from the requirements of
this chapter if the solid waste customer, commercial generator, or Large Event and Large
Venue demonstrates to the City that no recyclable material or organic materials are
generated on site.
2. Space Constraints and Zoning Considerations.
a. Solid waste customers may be exempt from the requirements of this
chapter if the City determines that either:
1. There is inadequate space for a solid waste customer to store
containers for recyclable materials or organic materials on site and that it is infeasible for
the solid waste customer to share recyclable materials or organic material containers with
adjacent commercial facilities or multi-family dwellings; or
2. Compliance with this chapter will result in violating City zoning or other
regulations.
3. Commercial generators, multi-family generators, and Large Event and Large
Venues may be exempt for the requirements of this chapter if the City determines that
either:
1. There is inadequate space for the commercial generator or Large
Event and Large Venue to store receptacles for recyclable materials or organic materials
on site and that it is infeasible for the commercial generator or Large Event and Large
Venue to deposit recyclable or organic material directly into containers without an
intermediate receptacle; or
Ordinance No. 1406
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2. Compliance with this chapter will result in violating City zoning or
other regulations.
4. Verification if Exemption. The solid waste customer shall petition the City with a
written request for an exemption documenting the circumstances of a claimed exemption.
The City may visit the solid waste customer's site; examine the receptacles for garbage,
recyclable materials, or organic materials; or take other actions to verify the
circumstances identified in the petition. The solid waste customer, commercial generator,
or Large Event and Large Venue requesting an exemption shall not be granted an
exemption from the requirements of this chapter if the City determines that (1) recyclable
material or organic material are generated on site (2) it is feasible for containers and
receptacles for recyclable materials, and necessary, for organic materials to be place on
site, and (3) it is feasible to share recycling container with an adjacent commercial facility
or multi-family dwelling. The City may require the solid waste customer or commercial
generator that is granted exemption for the requirements of this chapter to submit a
renewal of is petition for an exemption every two years from the date the exemption was
granted by the City.
H. City authority.
The City or its designee is authorized to administer and enforce the provisions of
this chapter. To the extent permitted by law, the City or its designee may inspect any
collection container at a commercial facility, multi-family dwelling, or Large Event and
Large Venue and any solid waste collector's load for garbage, recyclable materials, or
organic material. To the extent permitted by law, the City or its designee may also
inspect the premises of any commercial facility, multi-family dwelling, or Large Event and
Large Venue to determine compliance with provisions of this chapter.
I. Administrative appeal.
Unless otherwise expressly provided by the Baldwin Park Municipal Code, any
person adversely and directly affected by any determination made or action taken by the
City pursuant to the provisions of this chapter may file an administrative appeal with the
City Clerk. If no appeal is filed within ten days the determination of the City shall be final.
J. Enforcement goals.
The City shall enforce this chapter with the goal of maximizing participation in the
program and ensuring that recyclable materials and organic material that haven been
property segregated by the solid waste customer, commercial generator, multifamily
generator, or Large Event and Large Venue are correctly collected and delivered to
Ordinance No. 1406
Page 8
recycling and organics processing facilities. The City or its designee shall conduct the
following activities to enforce this chapter.
•
1. Develop and disseminate public education and promotional materials relating to
the importance of recycling and organics processing and the availability of recycling and
organics processing opportunities available to solid waste customers, commercial
generators, multifamily generators, and Large Event and Large Venues;
2. Provide technical assistance and training to solid waste customers, commercial
generators, multifamily generators, and Large Event and Large Venues to increase
recycling;
3. Enforce provisions of the franchise agreement for collection of recyclable
materials, organic materials, and garbage with franchisee to stimulate demand for
recyclable material and organic material collection service.
K. Enforcement for contamination.
Enforcement of this chapter regarding contamination in containers for garbage,
recyclable material, and organic material shall be carried out by the waste hauler. The
waste hauler will notify City of customers with excessive or ongoing contamination.
Solid waste collectors shall not be held liable for the failure of solid waste
customers to comply with this chapter, unless specified in the franchise, contract,
registration certificate, or permit issued by the City.
L. Penalties.
The City may issue administrate fines for violating this chapter or any rule or
regulation adopted pursuant to this chapter, except as otherwise provided in this chapter.
The City's procedures on imposition of administrative fines are hereby incorporated in
their entirety and shall govern the imposition, enforcement, collection, and review of
administrative citation issued to enforce this chapter and any rule or regulations adopted
pursuant to this chapter.
M. Implementation schedule.
The schedule for enforcement of this chapter shall be implemented in accordance with
the timeline specified in Table 1.
Ordinance No. 1406
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Material
Date Entities Affected Covered
Effective Recyclable Materials: All commercial and multi- Recyclable
immediately family solid waste customers that subscribe to four Materials
upon adoption cubic yards or more of garbage collection service per
week.
April 1, 2016 Organic Materials: All commercial and multi-family Organic
solid waste customers that generate 8 cubic yard of Materials
organic waste per week shall arrange for organic
waste recycling services
January 1, 2017 Organic Materials: All commercial and multi-family Organic
solid waste customers that generate 4 cubic yards of Materials
organic waste per week shall arrange for organic
waste recycling services.
January 1, 2019 Organic Materials: Businesses that generate 4 Organic
cubic yards or more of commercial solid waste per Materials
week shall arrange for organic waste recycling
services.
N. Other provisions.
1. No Other Power Affected. This chapter does not do any of the following:
a. Otherwise affect the authority of the City or its designee to take any other
action authorized by any other provision of law.
b. Restrict the power of a City Attorney, District Attorney, or the Attorney
General to bring in the name of the people of California any criminal proceeding otherwise
authorized by law.
c. Prevent the City or designee from cooperating with, or participating in, a
proceeding.
d. Affect in any way existing contractual arrangements including franchises,
permits, or licenses previously granted or entered into between the solid waste collectors
and City.
2. Cumulative Remedies. Any remedy provided under this chapter is cumulative
to any other remedy provided in equity or at law. Nothing in this chapter shall be deemed
to limit the right of the City or its solid waste operators to bring a civil action; nor shall a
conviction for such violation exempt any person from a civil action brought by the City or
its solid waste operators. The fees and penalties imposed under this chapter shall
constitute a civil debt and liability owning to the City from the person, firms, or
Ordinance No. 1406
Page 10
I
corporations using or chargeable for such services and shall be collectible in the manner
provided by law.
3. Liability. Nothing in this chapter shall be deemed to impose any liability upon
the City or upon any of its officers or employees including without limitation under the
Comprehensive Environmental Response, Compensation and Liability Act of 1980
(CERCLA).
O. Disclaimer of liability.
The degree of protection required by this chapter is considered to be reasonable
for regulatory purposes. The standards set forth in this chapter are minimal standard and
do not imply that compliance will ensure safe handling of recyclable materials, organic
materials, or garbage. This chapter shall not create liability on the part of the City, or any
of its officers or employees, for any damages that result from reliance on this chapter or
any administrative decision lawfully made in accordance with this chapter. All persons
handling solid waste within the boundaries if the City should be and are advised to
conduct their own inquiry as to the handling of such materials. In undertaking the
implementation of this chapter, the City is assuming an undertaking only to promote the
general welfare, It is not assuming, nor is it imposing on its officer and employees, an
obligation for breach of which it is liable in money damages to any person who claims that
such breach proximately caused injury.
P. Duties discretionary.
Subject to the limitations of due process and applicable requirement of State or
Federal laws, and notwithstanding any other provisions of this chapter, whenever the
words "shall" or "must" are used in establishing a responsivity or duty of the City, its
elected or appointed officers, employees, or agents, it is the legislative intent that such
words establish a discretionary responsibility or duty requiring the exercise of judgment
and discretion.
SECTION 2. Severability. If any section, subsection, phrase or clause of this
ordinance is for any reason held to be unconstitutional, such decision shall not affect the
validity of the remaining portions of this ordinance.
SECTION 3. City Clerk. The City Clerk shall certify to the adoption of this
ordinance and shall cause this ordinance to be published by title and summary in the
manner prescribed by law.
SECTION 4. Effective Date. This ordinance shall go into effect and be in full force
and operation from and after thirty (30) days after its final reading and adoption.
Ordinance No. 1406
Page 11
PASSED AND APPROVED ON TH 2nd DAY OF MAY 2018.
1
MANUEL LOZANO
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.
CITY OF BALDWIN PARK
I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that
the foregoing Ordinance No. 1406 was regularly introduced and placed upon its first
reading at a regular meeting of the City Council on April 4, 2018. That thereafter said
Ordinance No. 1406 was duly approved and adopted at a regular meeting of the City
Council held on 2nd day of May, 2018 by the following vote:
AYES: COUNCIL MEMBERS: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
4e4'4
ALEJAN AVILA
CITY CLERK