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Ordinance 2720CITY OF ALEDA ORDINANCE NO. Ne.w Series 2720 AMENDING THE ALEDA MUNICIPAL CODE BY REPEALING CHAPTER XXI (GARBAGE AND REFUSE) IN ITS ENTIRETY AND ADDING A NEW PTER XXI (SOLID WASTE JD RECYCLING) ARTICLE I (DEFINITIONS) ARTICLE II (SOLID WASTE) AND ARTICLE III (RECYCLING) BE IT ORDAINED by the Council of the City of Alameda that: Section 1 The AJ.ameda Mud.cipal Code is hereby amended byrepealing Chapter XXI (Garbage and Refuse) in its entirety. Section 2 The Alameda Municipal Code is hereby amended by adding a revised Chapter XXI (Solid Waste and Recycling), Article I (Definitions) thereof to read: CHAPTER XXI SOLID WASTE AN RECYCLING ARTICLE DEFINITIONS As used in this Chapter: Authorized Recycling Contractor shall mean a person, firm partnership, corporation or other entity authorized under and by virtue of a contract with the City to collect Recyclable or Organic Recyclable Material from residential or non-residential customers in the City. "Collector" shall mean the person, firm corporation or association or the agents or employees thereof to whom the City shall have granted franchise or a permit, or designated as duly authorized to collect , receive , carry, haul or transport Solid Waste within the City. Designated Recycling Collection Location" shall mean the place designated in the contract between the City and an Authorized Recycling Contractor from which the Authorized Recycling Contractorhas agreed to collect Recyclable and/or Organic Recyclable Material. A recycling coll2ction container shall constitute adesignated recycling location. "Disposal Facili ty" shall mean a sanitary landfill, transfer station, or other Solid Waste disposal facility utilized for the receipt or final disposition of Solid Waste generated within the City. "Drop Box" shall mean a large specialized container for temporary use for the deposit of Solid Waste or Recyclables orOrganic Recyclable Materidls. "Hazardous Waste" shall meCln any hazardous waste, material,substance or corninatJ.on of materials which, because of itsquantity, concentration or physical, chemical or infectiouscharacteristics may cause or significantly contribute to increase in mortality or an increase in serious, irreversible, or incapacitating illness; or may pose a substantial present or potential risk to human health or the environment when improperly treated, stored , transported , disposed or otherwise managed; and which requires special handling under any present or futurefederal, state or local law. This excludes minimal quantities of waste of a type and amount normally found in residential Solid Waste after implementation of programs for the safe collection recycling treatment and disposal of household hazardous waste in compliance with Sections 41500 and 41802 of the California PublicResources Code, as amended from time to time. "Hazardous Waste" shall include , but not be limited to: a. substances that aretoxic, corrosi ve, inflammable or ignitable; b. petroleumproductscrude oil or any fraction thereof, and theirderivativesc. explosives, asbestos, radioactive materials, orrelated hazardous materials; and d. substances defined byapplicable local , state or federal law as "hazardous substances,"hazardous materials , " reproductive toxins, " or "toxicsubstances. " Medical Waste" shall mean all materials defined as medical waste in the California Health and Safety Code Section 25023. excluding waste identified as not being medical waste in Section 25023.5 and 25023.8, or the regulations promulgated thereunder , as amended from time to time. Organic Recycdable Material" shall mean organic materials such as vegetable, fruit, grain, dairy, meat, fish, yard, tree, wood and paper discards which are set aside, handled, packaged or offered for collection separate from Solid Waste for the purpose of being processed and returned to the economic mainstream in the formof commodities such as, but not limited to, compost, soil amendments, mulch, animal feed, and fertilizer."Recyclables shall mean non-hazardous residential , commercialor industrial materials or by-products which are set aside, handled, packaged, or offered for collection in a manner different than Solid Waste, for the purpose of being reused or processed andthen returned to the economic mainstream in the form ofcommodities. "Recyclables" also include, but are not limited to,paper (newspaper, magazines, corrugated cardboard , kraft paper, ledger paper, office paper , chipboard and other paper grades); glass; ferrous and non- ferrous metals; plastic containers, plastic films, packaging materials and scrap; yard waste and trimmings;used motor oil; and construction and demolition materials. "Recyclables" shall include Source Separated materials and OrganicRecyclable Materials. "Recycler" shall mean a person or entity which is permitted by the City to collect and transport Recyclables or Organic Recyclable Material. Recycling" shall mean the process of collecting and turning used products into new products by reprocessing or remanufacturing them. "Solid Waste" shall mean and include all putrescible and nonputrescible solid, semisolid and liquid wastes, including garbage, trash , refuse, rubbish , ashes, industrial wastes, manure, vegetable or animal solid and semisolid wastes and other discardedsolid and semisolid wastes as defined in California Public Resources Code Section 40191, as that section may be amended from time to time. "Solid Waste " does not include abandoned vehicles andparts thereof, Hazardous Waste or low-level radioactive waste, Medical Waste, Unacceptable Waste, Source Separated Recyclables or Organic Recyclable Material. Solid Waste Receptacle shall mean a water tight container made of galvanized metal or other equally satisfactory material and which has a close fitting lid approved by the City Manager orhis/her designee. Solid Waste Receptacle includes dumpsters.Source Separated" shall mean Recyclables or Organic Recyclable Material that have been segregated from Solid. Waste by or for the generator thereof , on the premises at which they weregenerated, for handling different from that of Solid Waste. This does not require that different types of recyclable commodities be separated from each other, except from Organic Recyclable Material. "Unacceptable Waste" shall mean any and all waste, includingbut not limited to Hazardous Waste and Medical Waste, theacceptance and handling of which by Collector would cause a violation of any permit condition, legal or regulatory requirement, substantial damage to Collector equipment of facilities, or present a substantial danger to the health or safety of the public or Collector s employees. Section The Alameda Municipal Code is hereby amended by adding a revised Chapter XXI (Solid Waste and Recycling), Article II (Solid Waste) thereof to read: ARTICLE II.SOLID WASTE 21- 2 COLLECTION AN REMOVAL. 21-1 Keeping of Solid Waste. All Solid Waste shall be kept in a Solid Waste Receptacle. Every person in possession, charge or control of any property in the City shall provide a sufficient number of such Solid Waste Receptacles of sufficient capacity to hold all Solid Waste which iscreated, produced or accumulated on such premises between the time of successive collections by the Collector. 21-2 Receptacles.a. Keeping in Watertight Container. The owner, occupant, or lessee of each resident, house, home, flat, dwelling unit, building or place within the City, occupied by one (1) family as living quarters, and all keepers of boarding houses hotels, restaurants, stores or business places within the City, and every producer ofSolid Waste as herein defined, and the person occupying the premises upon which such Solid Waste is created, shall place and keep such Solid Waste in a Solid Waste Receptacle approved by the City Manager or his/her designee, which receptacle shall be kept continuously closed by a close fitting cover when not in use. The contents of such receptacle shall be delivered not less than once a week to the Collector holding a Solid Waste collection permitfrom the City. b. Every contractor or builder engaged in the erection or repair of a building is hereby required to provide a Solid Waste Receptacle at or near such building within which receptacle shall be deposited any Solid Waste cast aside by the employees or workersengaged on such building. The receptacle shall be kept continuously closed by a close fitting cover except when actuallybeing used. Every employee or worker engaged in work upon the building or on the premises surrounding the building who consumes food on the premises is hereby required to deposit in such Solid Waste Receptacle all leavings of such food as may be unconsumed byhim/her. Casting aside on the premises or public right of way any unconsumed food or Solid Waste is hereby expressly forbidden. 21.3 Collection of Solid Waste and Source Separate Recyclable andOrganic Recyclable Material.a. All Solid Waste within the City shall be collected and transported through the streets of the City by Collector only, atthe time, and in the manner hereinafter set forth , with the following exceptions:1. Construction or demolition debris removed from the premises by a State licensed contractor as part of a totalconstruction, remodelling or demolition service offered by that contractor, rather than as a separately contracted or subcontracted hauling service using drop boxes or similar apparatus; or directly loaded onto a fixed body vehicle and hauled directly to a Disposal Facili ty. 2 . Animal waste and remains from slaughterhouses andbutcher shops, or grease waste for use as tallow. 3. By-products of sewage treatment, including sludge, gri t and screenings.4. Solid Waste or Organic Recyclable Material collected by City staff as part of normal operations and transported to aDisposal Facility.b. Source Separated Recyclables and Organic Recyclable Material may be collected by a Recycler under contract to the Cityor through private arrangements between the generator and aRecycler.c. Organic Recyclable Material may be removed from thepremises as part of a total landscaping or gardening service offered by that contractor, rather than as a separately contractedor subcontracted hauling service using Drop Boxes or similar apparatus; or directly loaded onto a fixed body vehicle and hauled directly to a Disposal Facility.d. Solid Waste or Organic Recyclable Material may be hauled directly to a Disposal Facility by a person who is the generator of that waste or material.e. Recyclables which are donated to a youth civic, charitable or non-profit organization may be transported through city streets. 21-4 Deposit of Contents of Receptacles; Delivery of Contents of Vehicles; Revocation of Per.it. The Collector of Solid Waste under the terms of the preceding sections shall deposit the contents of all Solid Waste Receptacles directly into the vehicle provided therefor and shall dispose of the contents of such vehicle on the same day that such Solid Waste was placed therein. Any failure on the part of the Collector of such Solid Waste to observe the requirements of this section will be sufficient to justify the revocation of Collector I s franchise agreement by the City Manager or his/her designee. 21-5 Cause for Revocation of Per.it; Charge Not to be Increased Wi thou t P er.i s s ion. In addition to the revocation of the franchise agreement for the cause set forth in subsection 21-4, the City Manager or his/her designee shall have authority to hear complaints against any person representing or employed by the Collector holding suchfranchise agreement and to revoke the same for insolent orthreatening conduct, for the failure to collect Solid Waste under the terms of the franchise agreement, or for the violation of anysanitary regulations made by the City or violations of this Article. No increase of charge for the collection of such Solid Waste shall be made without the permission of the City Council. 21-Rates for Collection in City of Alameda; Method of Collection of Surcharge. For the services of collection and disposal of Solid Waste as herein provided for in the City, there shall be charged by the Collector and collected by him/her from the persons enumerated in subsection 21- 2.2 hereof, rates as set by City Council resolution. The method and amount of surcharge fees shall be set by CityCouncil resolution. 21-7 Rates for Collection on Department of Defense Property; Method of Collection.For services of collection and disposal of Solid Waste, on Department of Defense property, the Department of Defense shall select a Collector in compliance with federal rules and regulations and set the rates to be charged by the Collector. The Collector for the Department of Defense shall pay to the City a fee as set byCity Council resolution. For the purpose of this section, Department of Defense property shall be defined to include allproperty which the Department of Defense owns, operates, or controls through its various agencies. 21-8 Solid Waste Collection Required. The owner of any premises in the City in, upon, or from which Solid Waste is created, produced, or accumulated shall dispose of the Solid Waste through the regular Solid Waste collection service of the Collector and shall pay therefore the rate or rates set bythe City. Arrangements with the Collector shall be made by each such owner for the required collection of Solid Waste and such arrangements shall specify the location of the premises, Solid Waste Receptacle type and sizes and the frequency of collection. 21- 3 PROHIBITED ACTS. 21-1 Deposit of Waste Upon Street or Private Premises, or in Sewer, Etc" Prohibited. No person shall , in the City, throw into or deposit upon any public street, highway or grounds, or upon any private premises, or anywhere except in such places as may be designated for that purpose by the Public Works Director or provided by ordinance, any Solid Waste, or permit the same to be deposited thereon. No personshall empty, throw or deposit in any storm drain , manhole or flushing hole of any sewer any Solid Waste , Hazardous Waste,Medical Waste, Recyclables or Organic Recyclable Material or Unacceptable Waste.a. Kitchen garbage may be deposited into the sewer systems through a mechanically operated disposal under the followingconditions:1. The garbage disposal device must be attached to the sewer in accordance with the Plumbing Code of the City and installed in a manner satisfactory to the Plumbing Inspector.2. The device must be capable of grinding the garbage simultaneously with a flow of water of not less than two (2) gallons per minute, or in such additional quantity as is necessaryto cause the ground garbage to flow readily through the sewersystem. The garbage shall be ground to the point where it is capable of meeting the following requirements: (a) At least forty (40%) percent shall pass a No.8 sieve.(b) At least sixty-five (65%) percent shall pass a NO.Sleve. (c) At least one hundred (100%) percent shall pass a one-half(1/2") inch sieve.(d) Sieves shall be U. S. standard. 3 . The use of garbage grinders for the purpose of preparing garbage for deposit into the sewer system shall be limited to:(a) Family homes and dwelling units.(b) Restaurants, hotels and establishments where food or drink is prepared and consumed on the premises. 21-2 Dumping Ground for Garbage. No person shall permit any land owned, leased, occupied or controlled by him/her in the City to be used as a dumping ground for Solid Waste or other material of any kind whatever, and no person shall deposit any Solid Waste or other material upon anyland in the City. 21-3 Deposit of Refuse in Street Litter Cans. No person shall deposit or cause to be deposited in a street litter can any Solid Waste or other material which may be generated from a personal household or a business. 21-4 Deposit of Refuse in City Facility Solid Waste Receptacle. No person shall deposit or cause to be deposited on a City facility or in any City Solid Waste Receptacle or Drop Box any Solid Waste or other material which may be generated from apersonal household or a business. 21-5 Persons in Solid Waste Receptacles. No person shall enter into or be inside of a Solid WasteReceptacle. 21-Obstructing Collector Unlawful.It shall be unlawful for any person, their agents or employees to hinder , threaten, or impede, or obstruct any licensed Collector in the performance of his/her duty as defined in thisChapter. 21-4 MAE. 21-1 Manure Used as Fertilizer to be Placed Underground.It shall be the duty of every person using manure as a fertilizer to place the manure under ground; provided, however, that he/she may allow it to remain on the ground for a period notexceeding forty-eight (48) hours after spreading or placing thereon. 21-Keeping in Suitable Receptacles. Upon the removal of manure or other refuse from stables, the same shall not be piled or kept wi thin any distance less thantwenty (20 ') feet from any schoolhouse or church , or from thedwelling house, owned or occupied by any other person, but the refuse must be kept in a box or receptacle with a tight cover and be removed from the premises wi thin. 21-Storage of More Than One Ton of Manure; Permit Required. No person shall keep, have, store or maintain and no person shall allow the keeping, having, storage or maintenance of any premises in the City, owned, occupied, or controlled by him/her, of more than one (1) ton of manure or other fertilizing matter, without first obtaining a permit to do so from the Public WorksDepartment. The Public Works Director or his/her designee hereby authorized to issue such permits, conditionally issue suchpermits, and to revoke (in accordance with section 21-4) the same whenever in his/her judgment such action should be had. Upon suchrevocation being had the privilege conferred by such permit so revoked shall cease and terminate with like effect as if such permi t has not been issued. 21-Revoca tion of Permi t. Whenever the Public Works Director or his/her designee has knowledge that a permit is contrary to the interest of public health and sanitation , a person to whom a permit has been issued under this section has violated a provision under this section , or a permit holder has misrepresented the purpose of the permit , the permit shall be immediately suspended, and the permit holder givenwritten notice by personal service or by certified mail of a hearing to be held within seven (7) calendar days of such suspension to determine whether or not the permit should berevoked. The notice shall contain a statement of the facts upon which the Public Works Director has acted in suspending the permit. At the hearing, the permit holder , and any other interested person, shall have the right to present evidence as to the facts upon which the suspension of the permit was based and any other facts which may aid in determining whether public health and sanitation is atrisk, this section has been violated or whether the purpose of the permi t has been misrepresented. , after the hearing, the Public Works Director finds thatthe permit is contrary to the interest of public health and sanitation, this section has been violated, or the purpose of the permi t has been misrepresented, the Public Works Director shall, wi thin seven (7) calendar days after the hearing, serve upon the permit holder , either personally or by certified mail, a written statement of the facts and findings upon which the revocation of the permit was based. The statement of the facts and findings shall be available for public inspection for all interested persons participating in the hearings. If, after the hearing, the Public Works Director finds that this section has not been violated and the purpose of the permit has not been misrepresented, it shall, within two (2) businessdays, mail the permit holder a written statement canceling the suspension of the permit and notifying the permit holder that no violation or misrepresentation was found to have been committed. 21-Appeal. An applicant may appeal decision of the Public Works Director to deny, approve, or conditionally approve a permit by filing a notice of appeal with the City Clerk not later than six (6) calendar days following the date the applicant was provided written notice of the Public Works Director's decision. The appeal shall be filed no later than 5:00 p.m. The appeal shall be filed in the office of the City Clerk if it is filed on a day that City offices are open for business and shall be filed at the Police Department if filed on a day that City offices are closed. Failureto file a timely appeal is deemed an automatic waiver of theappeal. The notice of appeal shall be in a form prescribed by the Public Works Director, shall contain a statement of the reasons whythe applicant believes the Public Works Director I s decision to deny, approve, or conditionally approve the permit does not comply with this section, and shall set forth the relief requested. The appeal shall be heard and decided by the City Council, or its designee, within thirty (30) calendar days following the filing of the notice of appeal, unless continued for good cause. The CityCouncil, or its designee, shall notify the applicant in writing of its decision wi thin three (3) business days. 21- 5 RESERVED. 21-6 RESERVED. 21-7 RESERVED. 21-RESERVED. 21-RESERVED. 21-RESERVED. 21-RESERVED. 21-RESERVED. 21-RESERVED. 21-14 RESERVED. Section 4 The Alameda Municipal Code is hereby amended by adding a revised Chapter XXI (Solid Waste and Recycling), ArticleIII (Recycling), thereof to read: ARTICLE III. RECYCLING. 21-15 RESIDENTIAL AN NON-RESIDENTIAL RECYCLING. 21-15.1 Owership of Recyclables or Organic Recyclable Material. Upon the placement of Recyclables or Organic Recyclable Materials at a Designated Recycling Collection Location for collection by an Authorized Recycling Contractor the Recyclables or Organic Recyclable Material shall become the property of theAuthorized Recycling Contractor. 21-15.2 Unauthorized Collection Prohibited. During the twenty-four (24) hour period commencing at 5: 00p. m. on any day preceding a day designated for collection of Recyclables or Organic Recyclable Materials, no person, other than an Authorized Recycling Contractor , shall remove Recyclables or Organic Recyclable Materials which have been placed at a Designated Recycling Collection Location. 21-15.3 Right of Individual to Dispose of Recyc1ables or Recyclable Waste Material. Nothing in this Chapter shall limit the right of an individualperson, organization or other entity to donate, sell, pay forremoval of , or otherwise dispose of their own Recyclables or Organic Recyclable Material, provided that any such disposal is in accordance with the provisions of this Chapter. 21-RESERVED. 21-RESERVED. 21-RESERVED. 21-RESERVED. Section 5 This ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. At test; iu %. td( Clty Clerk I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 19th day of March , 1996, by the following vote to wit: AYES:Councilmembers Arnerich, DeWitt , Lucas, Mannix and President Appezzato - NOES:None. ABSENT:None. ABSENTENTIONS:None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 20th day of March , 1996.