HomeMy WebLinkAboutOrdinance #4079 ORDINANCE NO 4079
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 add a new definition to lead as follows
"Organic Waste" means food, waste, green waste, landscaping and
pruning waste, nonhazardous wood waste, and food-soiled paper waste
that is mixed in with food waste
SECTION 2 Section 8 21 010 of the Huntington Beach Municipal Code is hereby
amended to amend the definition of"Refuse" to lead as follows
"Refuse" means all putrescible and non-putrescible solid, and semisolid
wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial
wastes, organic waste, demolition and construction wastes, discarded
home and industrial appliances, manure, vegetable of animal solid or
semi-solid wastes, and other discarded solid or semisolid 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, or 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 Section 40000, et seq
SECTION 3 Chapter 8 21 of the Huntington Beach Municipal Code is hereby amended
by adding new Section 8 21 176, entitled "Mandatory Recycling of Organic Waste by
Businesses, Commercial Organic Waste Program" to read as follows
8.21.176 Mandatory Recycling of Organic Waste by Businesses; Commercial Organic
Waste Recycling Program
A On and after April 1, 2016, affected Businesses within the City that are mandated by
State law to recycle Organic Waste shall arrange for recycling services specifically for
Organic Waste in the manner required by Califointa Public Resources Code Sections
42649 8 through 42649 81, inclusive (or any successor statutes) and in compliance with
such implementing regulations as may currently exist of heieaflei be adopted by State
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Ordinance No . 4079
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 On and after January 1, 2016, the Director shall have the duty and the authority to
implement an Organic Waste recycling program appropriate for the City, which is
designed to divert Organic Waste generated by Businesses The program shall comply in
all respects with California Public Resouices Code Sections 42649 82 through 42649 85,
inclusive, (or any successor statutes) and such implementing regulations as may currently
exist or hereafter be adopted by State regulatory agencies
C. The City Refuse Collector shall make available containers and drop-off bodies designated
specifically for the collection of Organic Waste fiom businesses at the request of the
person or business being served. The City Refuse Collector may make a direct charge in
each instance for such additional service under a written agreement which shall be
subject to the approval of the Director and at such sates as aie seasonable,just and
uniform for all businesses being served
SECTION 3 This Oidinance shall become effective 30 days after its adoption
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 7th day of March , 2016.
Ma or
ATTEST APPROVED AS T FORM
City Clerk V City Attorney
REVIEW APPROVED INITIATED AND APPROVED
iL 4,_
ty Manager D>rector of Public Works
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Ord. No. 4079
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON 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 February 16, 2016, and was again read to said City Council at a
Regular meeting thereof held on March 7, 2016, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council
AYES: Posey, O'Connell, Katapodis, Hardy, Delgleize
NOES: Sullivan, Peterson
ABSENT: None
ABSTAIN: None
1,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
to the Huntington Beach Wave on March 17,2016
In accordance with the City Charter of said City
Joan L Flynn, C1 . Clerk City Vierk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California