HomeMy WebLinkAboutOrdinance #3952 ORDINANCE NO. 3952
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 8.21 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO REFUSE MANAGEMENT
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 8.21.010 of the Huntington Beach Municipal Code, entitled
"Definitions," is hereby amended to read as follows:
8.21.010 Definitions. The following definitions shall apply in the interpretation and
enforcement of these regulations:
(a) "Adequate Service" means the combination of the number of collections, the number
of Containers, and the size of Containers necessary so as not to cause the accumulation
of Refuse outside Containers or in excess of Level Full.
(b) "Automated Residential Collection Service" means the Residential Collection Service
by the City Refuse Collector, whereby Refuse, Recyclable Waste Materials, and Yard
Waste are generally sorted into separate Residential Carts by the person discarding
such items. (38014/08)
(c) "Basic Level of Service" means, with respect to Residential Collection Service and
Automated Residential Collection Service, one collection of each Residential Cart per
week, or that level of Collection and disposal service necessary to provide Adequate
Service for the collection of Refuse generated by each single family residence, and
each dwelling unit within a duplex, a triplex, or a fourplex, as specifically provided in
any given contract between the City and any person for collection of such Refuse, or
as provided by resolution of the City Council. Basic Level of Service does not include,
Refuse or substances excluded from collection by regulation of the Director or by
contract, as hereinafter provided, Refuse capable thereof which has not been placed in
Residential Carts within the weight and size limits hereinafter set forth for Residential
Carts. Basic Level of Service, with respect to Commercial Collection Service, means
that level of collection and disposal service necessary to provide Adequate Service.
(d) "Business" means any commercial or public entity, that generates four cubic yards or
more of Refuse per week, including, but not limited;Ito, a firm, partnership,
proprietorship,joint-stock company, corporation, or association that is organized as a
for-profit or nonprofit entity, strip mall (e.g. property complex containing two or more
commercial entities), industrial facility, school, school district, California State
University, community colleges, University of California, special district or a federal,
state, local, regional agency or facility. For purposes of this Chapter, "business" also
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includes a multi-family residential dwelling of five units or more, regardless of the
amount of Refuse generated.
(e) "City Refuse Collector" means any Person either employed by or under contract with
the City to provide removal,transportation,processing, and disposition of Refuse from
residents and users of premises within the City. (3560-7/02, 3801-4/08)
(f) "Collection" means the pickup, removal, and transportation of Refuse by any Person
authorized to do so by the City. (3560-7/02, 3801-4/08)
(g) "Commercial Collection Service" means the collection of Refuse from all property
within the City excluded from Residential Collection Service, or properties subject to
Residential Collection Service which choose to utilize Commercial Collection Service.
(3560-7/02, 3801-4/08)
(h) "Commercial Container" means any vessel, tank, receptacle, dumpster, box or bin
used or intended to be used for the purpose of holding any Refuse, Recyclable
Material, and Recyclable Waste Material. Commercial Containers utilized in
Commercial Collection Service include all types of Containers, including dumpsters or
bins. (3560-7/02, 3801-4/08)
(i) "Corporation" means corporations, partnerships, and all business enterprises,
associations or organizations,however designed. (3560-7/02, 3801-4/08)
(j) "Director" means the Huntington Beach Director of Public Works or his authorized
representative. (3560-7/02,3801-4/08)
(k) "Hazardous Waste" means a waste, or combination of wastes, which because of its
quantity, concentration, or physical, chemical, or infectious characteristics may a)
cause, or significantly contribute to an increase in mortality or an increase in serious
irreversible, or incapacitating reversible, illness; or b) pose a substantial present or
potential hazard to human health or environment when improperly treated, stored,
transported, or disposed of, or otherwise managed. (3560-7/02, 3801-4/08)
(1) "Level Full" means the amount of Refuse deposited in a Residential Cart or
Commercial Container so that it shall not exceed the lowest top edge thereof and still
allow the lid thereof to be completely closed. (3560-7/02, 3801-4/08)
(m) "Non-combustible Refuse" means ashes, bottles, broken crockery, glass, tin cans and
metallic substances or any other substances that will not incinerate through contact
with flames of ordinary temperature. (3560-7/02,3801-4/08)
(n) "Person" means any individual, firm, governmental unit, organization, partnership,
corporation, company or other entity. (3560-7/02, 3801-4/08)
(o) "Processing" means reduction, separation, recovery, conversion or recycling of
Refuse. (3560-7/02, 3801-4/08)
(p) "Recyclable Material" means materials which are segregated at the source from other
Refuse for the purpose of Recycling and includes, but is not limited to, paper, glass,
metals, wood, plastics, wastes, bulky goods, waste oil, and construction and
demolition materials and which is sold or donated by the owner thereof to a third
party. (3560-7/02,3801-4/08)
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(q) "Recyclable Material Collection" means the collection, transportation, storage,
transfer, or processing of Recyclable Materials. (3560-7/02,3801-4/08)
(r) "Recyclable Waste Material" means discarded materials such as, but not limited to,
newspapers, glass and metal cans, which are separated from other Refuse for the
purpose of Recycling and which are not sold or donated to a third party. (3560-7/02,
3801-4/08)
(s) "Recyclable Waste Material Collecting" means the collection, transportation, storage,
transfer, or processing of Recyclable Waste Material. (3560-7/02,3801-4/08)
(t) "Recycling" means the process of collecting, sorting, cleansing, treating, and
reconstituting materials that would otherwise be disposed of by landfilling or
transformation, and returning materials to the economic mainstream in the form of raw
material for new, reused, or reconstituted products. (3560-7/02,3801-4/08)
(u) 'Refuse" means all putrescible and non-putrescible solid, and semisolid wastes,
including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition
and construction wastes, discarded home and industrial appliances, manure, vegetable
or animal solid or semi-solid wastes, and other discarded solid or semi-solid wastes,
but not including Hazardous Waste, radioactive waste regulated pursuant to the State
Radiation Control Law, untreated medical waste regulated pursuant to the State
Medical Waste Management Act, and liquid waste. Recyclable Waste Material is
considered Refuse for purposes of this Chapter. Materials that.are sold or donated by
the owner thereof to a third party, and thereafter recycled, are not considered Refuse
for purposes of this Chapter. The term "Refuse" shall be synonymous with the term
"solid waste" as used in the Integrated Waste Management Act, Public Resources
Code §40000, et seq. (3560a/02,3801-4108)
(v) "Refuse Collection" means the collection, transportation, storage, transfer, disposal, or
processing of Refuse. (3560-7/02,3801-4/08)
(w) "Residential Collection Service" means the collection of Refuse from each single-
family residence, and each dwelling unit within a duplex, a triplex or a fourplex
receiving noncommercial Refuse Collection Service. It shall not include any hotel,
motel, lodge, hall, club, tourist camp, trailer camp, mobilehome park, church, guard
shack, poolhouse, community room, business or industrial establishment, or any lot
containing more than four dwelling units. (3560-7102,3801-4108)
(x) "Residential Cart" means a container having a capacity not to exceed ninety-five (95)
gallons and furnished or supplied by the City Refuse Collector for use in the
Automated Residential Collection Service. Residential Carts shall be colored brown
for Refuse, blue for Recyclable Waste Material, and green for Yard Waste. (3801-4/08)
(y) "Yard Waste" means those constituents of solid waste comprised of non-soil
landscape or plant materials such as tree trimmings, grass cuttings, plants, weeds,
leaves, branches, trees, or similar materials. (3801-4/08)
SECTION 2. Chapter 8.21 of the Huntington Beach Municipal Code is hereby
amended by adding new Section 8.21.175 entitled "Mandatory Recycling of Refuse by
Businesses; Commercial Recycling Program"to read as follows:
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8.21.175 Mandatory Recycling of Refuse by Businesses; Commercial Recycling Program
(a) On and after July 1, 2012, all Businesses within the City shall reuse, recycle, compost,
or otherwise divert Refuse from disposal in the manner required by California Public
Resources Code Sections 42649 through 42649.7, inclusive, (or any successor
statutes) and in compliance with such implementing regulations as may currently exist
or hereafter be adopted by state regulatory agencies. Each Business shall be
responsible for ensuring and demonstrating its compliance with the requirements of
this Section. The activities undertaken by each Business pursuant to this Section shall
be consistent with all requirements of this Chapter and all City ordinances, policies,
and contracts or agreements applicable to the collection, handling or recycling of
Refuse.
(b) The Director shall have the duty and the authority to implement a commercial
recycling program appropriate for the City which is designed to divert Refuse
generated by Businesses. The program shall consist of at least the following
components:
(1) Education and outreach to Businesses: the Director shall determine the
appropriate types of educational and outreach programs to insure that the
program targets the components of the City's commercial waste stream.
(2) Identification and monitoring of Businesses to assess if they are complying
with Section 8.21.175(a). If any Business is not in compliance with these
provisions, the Director shall notify such Business that it is out of compliance.
Failure to comply within sixty (60) days following such notification shall be
unlawful and is hereby prohibited.
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SECTION 3. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by,the City Councij Qf the City of Huntington Beach at a
regular meeting thereof held on the day of Qj.4-t�e-- , 20 /
Mayor
ATTEST:
INITIATED AND APPROVED:
City Clerk
Director of Pu lic Works
REVIE D APPROVED:
APPROVED AS TO FORM:
ager d--'—
City Attorney
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Ord. No. 3952
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUN'TINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on.Tune 4,2012, and was again read to said City Council at a
regular meeting thereof held on June 18, 2012, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, Boardman
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on June 28,2012.
In accordance with the City Charter of said City
Joan L. Flynn, Ci. Clerk Clerk and ex-officio Jerk
r ( 'Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California