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Ordinance 2928CITY OF ALAMEDA ORDINANCE NO. 2928 New Series AMENDING THE ALAMEDA MUICIPAL CODE BY AMENDING SECTION 21-1 (DEFINTIONS) OF ARTICLE I (DEFINTIONS) SUBSECTION 21-20-04 (CHAGES FOR SERVICE) OF SECTION 21- (FRACHISE AGREEMENTS) OF ARTICLE III (FRACHISE AGREEMENTS); AND ADDING A NEW SUBSECTION 21- (INTEGRATED WASTE COLLECTION REQUID) TO SECTION 21- (COLLECTION AN REMOVAL) OF ARTICLE II (GENERAL REGULATIONS) OF CHAPTER XXI (SOLID WASTE AN RECYCLING) BE IT ORDAIND by the City Council ofthe City of Alameda that: Section 1.The Alameda Municipal Code is hereby amended by amending Subsection 21-(Definitions) of Aricle I (Definitions), Chapter XXI (Solid Waste and Recycling) to read as follows: 21-1 Definitions As used in this section: Appliances shall mean discarded household appliances such as refrgerators , stoves , clothing washers and drers , water heaters , dishwashers , etc., and similar items discarded by occupants of residential premlses. Bin shall mean a container with capacity of one (1) to eight (8) cubic yards , with hinged lid and wheels. . Bulky items shall mean discarded appliances , fuitue , t res , carpets , mattesses , and similar large items that require special collection due to their size , but can be collected without the assistance of special loading equipment (such as forklifts or cranes) and without violating vehicle load limits. Bulky items not include abandoned automobiles. C&D Applicant means any person that undertkes a Project subject to WMP requirements pursuant to subsection 21-24.1 of this chapter. Can shall mean aten (10) gallon plastic container with a lid. Cart shall mean a recycled-plastic container with a hinged lid and wheels serviced by an automated or semi-automated loading trck with varying capacities of twenty (20), thirt-two (32), sixty-four (64) or ninety-six (96) gallons , or another size approved by the Public Works Director. City Manager shall mean the City Manager of the City of Alameda or hislher designated representative; Public Works Director shall mean the Public Works Director of the City of Alameda or hislher designated representative; Building Offcial shall mean the Building Offcial of the City of Alameda or hislher designee; Risk Manager shall mean the Risk Manager of the City of Alameda or hislher designee. Commercial shall mean of, trom, or pertaining to any propert upon which business activity is conducted, including, but not limited to , retail sales , services , wholesale operations , manufacturing and industrial operations , but excluding businesses conducted upon residential propert which are permitted under applicable zoning regulations and are not the primary use of the propert. Compactor shall mean a mechanical apparatus that compresses materials. Compactors include two (2) to four (4) cubic yard bin compactors servced by tront-end loader collection trcks and six (6) to fifty (50) cubic yard debris boxes servced by collection trcks. Construction or construction and demolition shall mean constrction, erection , enlargements alteration , renovation , conversion , or movement of any building, strcture , paving, or land and any other demolition attendant thereto. Construction and demolition debris or C&D debris shall mean used or discarded materials removed from residential , commercial , or industral premises as a consequence of constrction. Conversion Rate means a rate set forth in the standardized Conversion Rate Table approved by the Public Works Director pursuant to Section 21-24 for use in estimating the volume or weight of materials identified in a Waste Management Plan. Container shall mean cans , bins , carts , compactors , and debris boxes. Curb (or curbside) shall mean the placement of a container for pick-up, where such container is placed within the public right of way but not within the public street , or sidewalk, in a manner that would obstrct vehicular , pedestrian , or bicycle travel. Where no curb exists , the container shall be placed in the location agreed upon by the City and the Franchisee in the :tanchise agreement. Customer shall mean the person to whom :tanchisee and/or permittee shall submit biling invoices and :tom whom it shall collect payment for collection servces provided to a premises generating solid waste recyclable materials , organic materials and receiving collection services :tom the :tanchisee and/or permittee. The customer may be the occupant or owner of the premises , provided that the owner of the premises shall be responsible for payment of collection servces in the event an occupant of a premises who is identified as the customer with respect to the owner s premises , fails to make such payment. Debris box shall mean an open-top container with a capacity .of six (6) to fifty (50) cubic yards that is serviced by a roll-off truck. Decibel (dB) shall mean a unit for measuring the amplitude of sounds , equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure which is twenty (20) micropascals. Disposal site shall mean a facility for ultimate disposal of solid waste. Diversion Requirement means the diversion of at least fifty percent (50%) of the total constrction and demolition debris generated by a project via reuse or recycling, unless a C&D Applicant has been granted an Infeasibility Exemption pursuant to Section 21-, in which case the Diversion Requirement shall be the maximum feasible diversion rate established by the Public Works Director for the project. E-scrap item or electronic scrap item shall mean discarded electronic equipment including, but not limited to , television sets , computer monitors , cathode ray tubes , central processing units (CPUs), laptop computers , external computer hard drives , computer keyboards , computer mice , computer printers , DVD players , CD players , stereos , radios , and VCRs. Food Waste shall mean solid food wastes that wil decompose and/or putrefy and includes , but is not limited to , all kitchen and table food wastes and animal or vegetable waste that attends or results :tom the storage , preparation , cooking or handling of food stuffs , and paper wastes contaminated with food waste. Franchise Agreement means an agreement with a Franchisee as defined in subsection 21-20.1 of this chapter. Franchisee shall mean the person to whom the City shall have granted a :tanchise to collect , receive carr, haul or transport solid waste , recyclable materials , and organic materials within the City, and shall include the agents or employees of the Franchisee. Hazardous waste shall mean all substances defined as hazardous waste , acutely hazardous waste , or extremely hazardous waste by the State of California in Health and Safety Code 2511O.25115 , and 25117 or in future amendments to or recodifications of such statutes and all. substances identified and listed as Hazardous Waste by the U.S. Environmental Protection Agency (EPA),pursuant to the Federal Resource Conservation and Recovery Act (42 USC 6901 et seq.), all future amendments thereto , and all rules and regulations promulgated thereunder Hazardous waste excludes minimal quantities of waste of a tye 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 Public Resources Code , as amended :tom time to time. Integrated Waste Management shall mean all materials defined as , including but not limited to all materials defined as solid waste , recyclable materials, organic materials , and food waste as defined in California Public Resources Code ~ 40191. Medical waste shall mean all materials defined as medical waste in the California Health and Safety Code Section 25023.2 , excluding waste identified as not being medical waste in Section 25023.5 and 25023., or the regulations promulgated thereunder, as amended :tom time to time. Multifamily shall mean any residential complex , with five (5) or more units used for residential purposes irrespective. of whether residence therein is transient, temporary or permanent. Multifamily premises includes yacht harbors and marinas where residents live aboard boats. Multifamily premises include condominiums and cooperative apartents with five (5) or more units. Such premises shall have centralized solid waste, recyclable materials, and organic materials collection servce for all units on the premises , which service shall be biled to one (1) customer at one (1) address. Multi-plex shall mean any residential complex , with tWo (2) to four (4) units used for residential purposes irrespective of whether residence therein is transient , temporary or permanent. Multi-plex premises include condominiums and cooperative apartents with two (2) to four (4) units. Such premises shall have individual solid waste , recyclable materials , and organic materials collection servce for each unit on the premises , but may be biled to one (1) customer at one (1 ) address or to each individual unit. Occupant shall mean a person who occupies a premises. Owner shall mean the person or persons holding record title to the premises as reflected in the latest propert tax assessment roll made available by the Alameda County Assessor s Offce. Organic materials shall mean solid wastes originated :tom living organisms that wil decompose and/or putrefy. Organic materials which have been approved for collection by the Public Works Director include both yard waste, and food waste such as, but not limited to, green trmmings , grass , weeds leaves , prunings , branches , dead plants , brush, tree trimmings , dead trees , small wood pieces , other tyes of organic yard waste , vegetable waste , frit waste, grain waste , dairy waste , meat waste , fish waste facial tissue , paper contaminated with food waste or otherwise not accepted in the recyclable materials collection program, pieces of unpainted and untreated wood , and pieces of unpainted and untreated wallboard. No discarded material shall be considered to be organic materials , however, unless such material is separated :tom solid waste and recyclable materials. Organic materials such as , but not limited , grass cuttings , weeds , leaves , prunings , branches dead plants , brush , tree trmmngs , dead trees may not exceed six (6") inches in diameter and four (4') feet in length. Organic materials are included within the term recyclable materials. Permittee shall mean any person authorized by a City permt to collect constrction and demolition debris , recyclable materials , or organic materials pursuant to Aricle IV of this chapter. Person shall mean a person , firm, association, partership, joint ventue , corporation or any entity, public or private in nature. Premises shall mean any land or building in the City where solid waste , recyclable materials , or organic materials are generated or accumulated including each single-family unit, multi-plex unit, multi- family complex, and business establishment. Project means any activity involving constrction that requires issuance of a permit under the zoning, building and other ordinances ofthe City. Recyclable materials shall mean non-hazardous residential , commercial or industrial materials or by- products which have been approved for collection by Public Works Director and which are set aside handled, packaged, or offered for collection in a manner different than solid waste , for the purose of being reused or processed and then returned to the economy in the form of commodities. Recyclable materials include , but are not limited to , newspaper (including inserts , coupons , and store advertisements), mixed paper (including office paper, computer paper , magazines , junk mail, catalogs brown paper bags , brown paper, paperboard, paper egg cartons , phone books , grocery bags , colored paper, constrction paper , envelopes , legal pad backings, shoe boxes , cereal and other similar food boxes); chipboard; corrgated cardboard; paper milk cartons , glass containers (including brown, clear and green glass bottles and jars); aluminum (including beverage containers , foil , food containers , small pieces of scrap metal); small pieces of scrap metal weighing less than ten (10) pounds and fittng into the recyclable materials collection container; steel , tin or bi-metal cans; plastic containers (nos. 1 to 7), aseptic beverage boxes; empty steel paint cans (previously used for latex paint), used motor oil , used oil fiters , small appliances , and aerosol cans. Recycling shall mean the process of sorting, cleansing, treating, and reconstituting recyclable materials that would otherwise be disposed of at a disposal site and returning them to the economy in the form of raw materials for new , reused or reconstituted products. Residential shall mean of, :tom, or pertaining to a single-family premises , multi-plex premises , or multi-family premises. Reuse means furher or repeated use of any material without reconstitution or treatment. Salvage means the controlled removal of Constrction and Demolition Debris :tom a permitted constrction site for the purpose of recycling or reuse. Singlefamily shall mean any detached house or residence designed or used for occupancy by one (1) household, provided that collection service can be and is provided to such premises. as an independent unit. Solid waste shall mean and include all putrescible and non-putrescible solid , semisolid and liquid wastes , including garbage , trash, refuse , rubbish, ashes , industral wastes , manure, vegetable or animal solid and semisolid wastes and other discarded solid and semisolid wastes as defmed in California Public Resources Code ~ 40191 , as that section may be amended :tom time to time. Solid waste does not inchide abandoned vehicles and parts thereof, hazardous waste or low-level radioactive waste , medical waste , unacceptable wastes , constrction and demolition debris , source separated recyclable materials or source separated organic materials. Source separated shall mean recyclable materials or organic materials that have been segregated :tom solid waste by or for the generator thereof, on the premises at which they were generated, for handling separate :tom solid waste. This does not require that different tyes of recyclable commodities be separated :tom each other, except organic materials shall be separated :tom recyclable materials. Specialty recyclable materials shall mean high-value , presorted recyc1ablematerialsgenerated by constrction and demolition activities on residential or non-residential premises and by the operation of non-residential uses. Specialty recyclable materials include scrap metal , constrction and demolition debris , high-grade paper (including office mixed paper), pallets , and plastic film and other segregated recyclable materials which the Public Works Director reasonably determines are meaningfully distinct from the mixed recyclable materials collected :tom residential premises in the City. Unacceptable waste shall mean any and all waste including, but not limited to , hazardous waste and medical waste , the acceptance and handling of which by :tanchisee or permittee would cause a violation of any permit condition , legal or regulatory requirement; substantial damage to :tanchisee ' s or permittee s equipment or facilities; or present a substantial danger to the health or safety of the public or :tanchisee s or permittee s employees. Waste Management Plan means a plan for compliance with Aricle IV of this chapter, as approved or conditionally approved by the City. Yard Waste shall mean those discarded vegetation materials approved by the Public Works Director that wil decompose and/or putrefy, including but not limited to , green trimmings , grass, weeds , leaves prunings , branches , dead plants , brush , tree trimmings , dead trees , small pieces of unpainted and untreated wood , and other tyes of organic waste. Yard waste is a subset of organic materials. Section 2.The Alameda Municipal Code is hereby amended by adding a new Subsection 21-(Integrated Waste Collection Required) to Section 21-(Collection and Removal), Aricle II (General Regulations) of Chapter XXI (Solid Waste and Recycling) to read as follows: 21-7 Integrated Waste Collection Required. Unless the occupant of the premises demonstrates , as described below, that he or she qualifies for an integrated waste service exception, the owner of any premises in the City in , upon, or from which integrated waste is created , produced or accumulated , shall dispose of the integrated waste through the regular integrated waste collection service of the collector and shall pay, therefore the rate or rates set by the City. Arangements with the collector shall be made by each such owner for the required collection of integrated waste , and such arangements shall specify the location of the premises , integrated waste receptacle type and sizes , and the frequency of collection. Section 3.The Alameda Municipal Code is hereby amended by amending subsection 2l-20-04 (Charges for Service) of Section 2l-20(Franchise Agreements) of Aricle III (Franchise Agreements) of Chapter XXI (Solid Waste and Recycling) to read as follows: 21-20-4 Charges for Service a. Establishing Charges. The City shall establish rate-setting policies and rate ceilings through City Council resolution or through the franchise agreement. Prior to establishing rate policies or rate ceilings , the City Council shall hold a public hearing. b. Payment. Every person receiving integrated waste collection service for solid waste and/or recyclable materials , and/or organic rnaterials shall pay the rate for the Bervice established by the franchisee in accordance with City-established policies , whether used in whole or in par. If an occupant of a premises fails to pay, the owner shall be responsible for payment to the franchisee. c. Special Rate Programs. 1. Low Income Residents and Senior Residents Discount. Franchisee shall provide low income and senior discounts for residents provided that a customer may not obtain both a low income resident and a senior resident discount. Franchisee shall detennine that a customer qualifies for the low income discount by obtaining documentation that the customer s household qualifies as a very-low-income household under the Section 8 eligibility guidelines as detennined by the federal Housing and Urban Development (RU) fonnula. Franchisee shall detennine that a customer qualifies for the senior resident discount by verifyig that the head of household of the residential premises is sixty-five (65) years of age or older. Senior Discount shall not apply to any solid waste container greater than 32-gallons. d. Service Exemptions.1. Continuation of Prior Exemptions. With the exception of the Special Rate Program established in 21-20.4 and those customers who have prior approval for a 10-gallon solid waste container , all service exemptions granted by the City prior to the effective date of the ordinance that enacted this provision shall be terminated.4. Integrated Waste Collection Exemption. complete exemption from mandatory integrated waste collection shall be granted if the customer demonstrates to the reasonable satisfaction of the Public Works Director that no solid waste , recyclable materials and organic material of any kind is generated on the premises. The occupants of a residential structure may be completely exempted from mandatory integrated waste collection only upon proof that they are regularly self-hauling integrated waste generated on the property to a lawful disposal site Deparment of Conservation approved Reclamation Center or transfer station by providing monthly receipts or other evidence satisfactory to the Public Works Director.5. Vacancy Exemption. An owner of residential premises may receive a temporary exemption from the requirement to subscribe to and to pay for solid waste , recyclable materials and organic materials collection services if he or she can demonstrate to the satisfaction of the Public Works Director that the premises are vacant for at least thirty (30) days. Evidence that either water or power was not consumed on the premises shall be sufficient evidence of vacancy.6. Service Location Exemption for Disabled Persons. Franchisee shall collect containers from the backyard of a single-family or multi-plex premises occupied by an owner or occupant with a disability within the meaning of the American Disabilities Act at no additional cost. e. Application Process.1. Filng of Application. A customer may file an application with the franchisee for a special rate or service exemption pursuant to subsections 21-20-4(c) and 21-20-4(d). The occupant must consent to an unscheduled on-site inspection by the City of Alameda Public Works Department and/or the franchisee of occupant' s integrated waste (solid waste , recyclable materials , and organic materials) in order to qualify for or any service exemption.2. Review of Application. The franchisee shall inspect each applicant's property, and the applicant's integrated waste (solid waste , recyclable materials , and organc materials). Franchise shall complete this review within fifteen (l5) business days of receipt ofanapplication.3. Notifcation of Acceptance or Denial of Application. Franchisee shall notify an applicant of the acceptance or denial of his or her application within twenty (20) business days of receipt of that application. Upon approval of a special rate or service exception , the franchisee shall notify the Public Works Director in wrting.4. Duration of Special Rate or Service Exemption. Any special rate or service exemption shall be effective for one (1) year from approval , unless service is stopped and new service is started at the premises or the circumstances that justified the special rate or . service exception change. The Public Works Director may extend a special rate or service exemption for additional periods of one (1) year without furher application upon receipt of certification from Customer that the circumstances justifying the special rate or service exemption have not changed. If those circumstances change , it shall be the responsibility of the owner or occupant to notify franchisee of changed circumstance and to initiate regular solid waste , recyclable. materials , or organic materials collection service in accordance with the provisions of subsection 21-1. The Public Works Director or franchisee may review any special rate or service exemption upon receipt of evidence that such special rate or service exemption is no longer justified. In all cases where an exception is granted, the premises must at all times be kept in a sanitary condition which does not cause a nuisance to others. Upon a determination that the integrated waste service exception should be granted , the collector shall immediately notify the owner and the City of Alameda Public Works Deparment in writing. If the circumstances which allowed the exception should change , the owner or occupant shall then initiate regular integrated waste collection in accordance with the provisions of this section. The Public Works Deparment or the Collector may require reauthorization of such exception from time to time. Occupant must consent to on-site inspection of solid waste , recyclable materials and organic materials disposal facilities by the City of Alameda Public Works Department and/or the Collector in order to qualify for the integrated waste service exemption. 5. Appeals. An applicant may appeal a denial of a special rate or service exemption described in subsections 21-20.4(c) and 21-20.4(d) by filing a notice of appeal with the City Clerk not later than ten (10) business days after the applicant was provided wrtten notice of thedecision. The notice of appeal shall be in a form prescribed by the Public Works Director and shall state why the applicant believes the denial does not comply with this section. The Public Works Director shall decide the appeal within thirty (30) calendar days of its fiing, unless he or she continues that decision for good cause. The Public Works Director shall notify the applicant in writing of his or her decision within three (3) business days. f. Violations. Violation of any provision of this section other than by the franchisee , the City or its employees , shall be punishable as an infraction pursuant to subsection 1-1 of the Alameda Municipal Code. Attest: Section 4. This Ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its ;f11assage. - .- . Presidingnf ftJip Council \. \ \) Lara Weisiger , City Clerk City of Alameda ****** the undersigned , hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council ofthe City of Alameda in a regular meeting assembled on the 20 day of July, 2004 by the following vote to wit: AYES:Councilmembers Gilmore , Kerr, Matarese and Mayor Johnson - 4. NOES:Councilmember Daysog - l. ABSENT:None. ABSTENTIONS:None. IN WITNES S , WHEREOF , I have hereunto set my hand and affixed the official seal of said City ths 2l st day of July, 2004. Lara Weisiger , City clbk City of Alameda