HomeMy WebLinkAboutRefuse Management - Ordinance 3952 - Amends Chapter 8.21 rel PROOFOF
PUBLICATION
STATE OF CALIFORNIA)
) SS.
COUNTY OF ORANGE )
l am a citizen of the United States and a (ITYOFNUNTINGTON AND ALLOW FOR EN- THE FULL TEXT OF THE
FORCEMENT IF NECES ORDINANCE IS AVAIL-
resident of the County of Los Angeles; I I BEACH SARY IN ORDER TO ABLE IN 'THE CITY j
am over the age of eighteen years, and LEGAL NOTICE COMPLY WITH ASSEM- ThisCLE ordinance
` BLY BILL 341, WHICH This ordinance is effec-�
ORDINAN(ENO.3952 IMPLEMENTED MANDA- tive 30. days after
not a party to or interested in the notice Adopted bytbe(ity(ogncil TORY COMMERCIAL RE- adoption.
on1UNE 18,2012 CYCLING FOR CALIFOR- CITY OF HUNTINGTON
published. I am a principal clerk of the t
jAN ORDINANCE OF THE EFFECTIVE JULY 1,2012. 2000 MAIN STREET
HUNTINGTON BEACH 'CITY OF HUNTINGTON PASSED AND ADOPTED .HUNTINGTON BEACH,
IB E A C H AMENDING by the City Council of CA 92648
*CHA .21 OF THE theINDEPENDENT, ,which was adjudged a IHUNP ITER NG TON BEACH Beach�at a regular me JOANL.FLYNN,CITY
newspaper of general circulation On MUNICIPAL CODE RE- in
LATING TO REFUSE ,June el CLERK
18, 2012 by the PublishedH B. Indepen-
September 29, 1961, case A6214, and (MANAGEMENT following roll call vote: dent 6/28/12
ISYNOPSIS: AYES: Shaw, Harper, _.
June 11, 1963, case A24831, for the NIT REVISIONS
AND S TO HE DEFFIONS DDwiyerBo Hansen, Carchio,
Cityof Huntington Beach, Count of SIN CHAPTER 8.21 PRO NOES-None,
g y VIDE THE LOCAL AU-]ABSTAIN:None
Oran e, and the .State of California. ' THORITY TO IMPLEMENT ABSENT:None
i
g A COMMERCIAL RECYCL-
Attached to this Affidavit Is a true and ING PROGRAM APPRO-
jPRIATE FOR THE CITY
complete copy as was printed and --
published on the following date(s):
Thursday, June 28, 2012
I certify (or declare) under penalty
of perjury that the foregoing is true
and correct. -
Executed on July 6, 2012
at Los Angeles, California
Signature
Council/Agency Meeting Held:
XADDrov_ed D.Conditionally ADDroved ❑ Denied KxJvaityPler/s Signat6re
Council Meeting Date: June 4, 2012 Department ID Number: PW 12-027
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Travis K. Hopkins, PE, Director of Public Works
SUBJECT: Approve for introduction Ordinance No. 3952 amending Chapter 8.21
of the Huntington Beach Municipal Code (HBMC) relating to refuse
management aligning the HBMC with the new State of California
mandatory commercial recycling statute effective July 1, 2012
Statement of Issue: Revisions to Chapter 8.21 of the Huntington Beach Municipal Code
are proposed to align with the new State of California mandatory commercial recycling
statute which is effective July 1, 2012.
Financial Impact: No funding is required for this action.
Recommended Action: Motion to:
Approve for introduction 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."
Alternative Action(s): Do not approve introduction of ordinance and direct staff as to how
to proceed differently.
Analysis: Chapter 8.21 of the Huntington Beach Municipal Code (Code) was enacted in
July of 2002 to provide specific guidelines determining the aspects of solid waste collection
and recycling. In October of 2011, Governor Brown signed into legislation Assembly Bill 341,
which implemented mandatory commercial recycling for California businesses. This
legislation was codified in the California Public Resources Code Sections 42649 through
42649.7. This regulation is effective July 1, 2012.
Revisions are proposed to the definitions and sections in Chapter 8.21 to provide the local
authority to implement a commercial recycling program appropriate for the City, and to allow
for enforcement if necessary. The revisions are made to:
1. Define Businesses as affected by the state's commercial recycling regulations.
2. Add section 8.21.175 requiring that affected businesses implement a recycling
program in accordance with the state's commercial recycling regulations.
xB -853- Item 20. - 1
REQUEST FOR COUNCIL. ACTION
MEETING DATE: 6/4/2012 DEPARTMENT ID NUMBER: PW 12-027
Staff recommends that City Council approve the introduction of this ordinance to update
Chapter 8.21 of the Huntington Beach Municipal Code.
Public Works Commission Action: Not required.
Environmental Status: Not applicable.
Strategic Plan Goal: Improve the City's Infrastructure
Attachment(s):
1. 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"
2. Legislative Draft—Ordinance No. 3952
3. California Public Resources Code Sections 42649 through 42649.7
Item 20. - 2 HB -854-
ATTACHMENT # 1
uu .8.,_ Item 10. . 3
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. (3801-4/08)
(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. to, 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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07-1423.001/79257
Ordinance No. 3952
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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Ordinance No. 3952
(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. (3560-7/02,3801-4/08)
(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. (3560-7/02,3801-4/08)
(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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07-1423.001/79257
Ordinance No. 3952
8.21.175 Mandatory Recycling of Refuse by Businesses; Commercial Recycling Proms
(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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07-1423.001/79257
Ordinance No. 3952
SECTION 3. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Counc LO the City of Huntington Beach at a
regular meeting thereof held on the j L7'(-day of �f �-� , 20
v —
Mayor
ATTEST:
INITIATED AND APPROVED:
City Clerk
Director of Pu Klic Works
REVIE APPROVED:
FAPPROVED AS TO FORM:
ager �-�--•
City Attorney
5
07-1423.001/79257
Ord. No. 3952
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 June 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 Jane 28,2012.
In accordance with the City Charter of said City
Joan L. Flynn,City Clerk Oify Clerk and ex-officio Jerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ATTACHMENT #2
KEY
INSERTIONS: Double underline
DELETIONS Wik^ augh-
ORDINANCE NO. 3952
LEGISLATIVE DRAFT
Chapter 8.21
REFUSE MANAGEMENT
(3560-7/02,3581-11/02,3652-6/04,3801-4/08)
Sections:
8.21.010 Definitions
8.21.020 Collection of Refuse and Recyclable Waste Material, and Yard Waste
8.21.030 Residential Collection Service Charge
8.21.040 Dumping of Refuse prohibited
8.21.050 Occupant responsible for premises
8.21.060 Owner liable for premises
8.21.070 Accumulation prohibited
8.21.080 Storage
8.21.090 Containers and transportation of Refuse
8.21.100 Containers—location
8.21.110 Container—interference
8.21.120 Container—improper substances
8.21.130 Container—removal
8.21.140 Collection—manner
8.21.150 Residential Refuse Collection
8.21.160 Commercial Collection Service
8.21.170 Special Collections—excluded Refuse
.21,175 Mandatory Recycling of Refuse by Bu ine ws- ommercial Recycling Program.
8.21.180 Collection of Recyclable Material
8.21.190 Disposal methods
8.21.200 Rules and regulations
8.21.210 Appeals
8.21.220 Unauthorized collection prohibited
8.21.230 (Repealed—Ordinance No. 3801 —4/08)
8.21.010 Definitions. The following definitions shall apply in the interpretation and
enforcement of these regulations: (3560-7/02)
(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. (3560-7/02)
(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.
(3801-4/08)
(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,
Huntington Beach Municipal Code Chapter 8.21 Page 1 of 9
07-1423.001/79260
KEY
INSERTIONS: Double underline
DELETIONS c ik-e�
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.
(3560-7/02,3801-4/08)
(d) "Business"means any commercial or public entity,that generates four cubic yards or
more of Refuse per week, including, but not limited to, a firm, partnership.
proprietorship. joint-stock companv. 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
includes a multi-family residential dwelling of five units or more, regardless of the
amount of Refuse generated.
(de) "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)
(e- "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)
(fg) "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)
(gh) "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)
(lei) "Corporation"means corporations, partnerships, and all business enterprises, associations
or organizations, however designed. (3560-7/02,3801-4/08)
(i-j) 'Director" means the Huntington Beach Director of Public Works or his authorized
representative. (3560-7/02,3801-4/08)
(}l� "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)
(ki) "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)
Huntington Beach Municipal Code Chapter 8.21 Page 2 of 9
07-1423.001/79260
KEY
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DELETIONS `tpik-e��
(1m) "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)
(mn) "Person" means any individual, firm, governmental unit, organization, partnership,
corporation, company or other entity. (3560-7/02,3801-4/08)
(no) "Processing"means reduction, separation, recovery, conversion or recycling of Refuse.
(3560-7/02, 3801-4/08)
(ep) "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 parry. (3560a102,
3801-4/08)
(pq) "Recyclable Material Collection" means the collection, transportation, storage, transfer,
or processing of Recyclable Materials. (3560-7/02,3801-4/08)
(qr) "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)
(rs) "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)
(tu) "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 parry, 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. (3560-7/02,
3801-4/08)
(uy) "Refuse Collection" means the collection, transportation, storage, transfer, disposal, or
processing of Refuse. (3560-7/02,3801-4/08)
(vw) "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. (3560-7/02,3801-4/08)
Huntington Beach Municipal Code Chapter 8.21 Page 3 of 9
07-1423.001/79260
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DELETIONS StFik�FeUgh�
(wx) "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)
(xy) "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)
8.21.020 Collection of Refuse, Recyclable Waste Material and Yard Waste.
(a) The collection of Refuse, Recyclable Waste Material and Yard Waste shall be performed
exclusively by the City Refuse Collector. The City Council may regulate, by ordinance or
resolution, all aspects of the Residential Refuse Service and the Commercial Refuse
Service, including, but not limited to, frequency of collection, means of collection and
transportation, level of services, charges, fees, and nature, location, and extent of
providing such Services. (3560-7/02,3801-4/08)
(b) Any other provision of this Code to the contrary notwithstanding, the City may enter into
contracts with responsible persons for the collection of Refuse within the City utilizing
such procurement procedures and upon such terms and conditions as are deemed
appropriate by the City Council. (3560-7/02)
(c) In the event of an emergency or other unforeseen or unpreventable circumstances
in which the City Refuse Collector is unable to maintain Refuse Collection
Services, the City Administrator may issue limited or temporary permits for a
period not to exceed thirty (30) days to persons or corporations to perform any of
the services covered by this Chapter. Any service beyond thirty(30) days shall be
approved by the City Council. (3560-7/02)
8.21.030 Residential Collection service charge. There shall be a charge for Residential
Collection Service which maximum rates shall be established from time to time by resolution of
the City Council. Such charge shall be set by the City Refuse Collector and shall apply to
persons occupying single-family dwellings, and each dwelling unit within a duplex, a triplex or a
fourplex. A dwelling shall be deemed occupied if connected to an active water service. This
charge shall not apply to persons occupying residential units such as apartments, mobilehome
parks, or other multi-family complexes, who are currently contracting directly with the City
Refuse Collector. (3560-7/02,3581-11/02,3801-4/08)
Any person receiving Residential Collection Service who is sixty-two years of age or older shall
pay 50% of the charge imposed by this section provided the combined adjusted gross income, as
used for federal income tax reporting purposes of all members of the household in which such
service user resides does not exceed the "HUD Income Guidelines—Very Low Income
Category" currently on file in the City's Department of Economic Development, for the calendar
year prior to the fiscal year(July 1 through June 30) for which the exemption provided by this
chapter is applied. (3560-7102,3581-11/02)
8.21.040 Dumping of Refuse prohibited. It shall be unlawful for any person to cast, deposit,
place, sweep, throw, discard or leave any Refuse or cause such Refuse to be cast, deposited,
swept, placed, thrown, discarded or left in any place, public or private, within the City, without
the express permission of the owner of the premises. (3560-7/02)
8.21.050 Occupant responsible for premises. Every person occupying, using or controlling any
premises shall keep the premises in a clean and sanitary condition, and no person shall permit
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any Refuse, sewer effluent, excrement, slop or stagnant water, butcher offal, market refuse, dead
animal or any other noxious or offensive matter of any kind, or any other substance that may
become offensive, to be deposited or to remain thereon except as otherwise provided by law.
(3560-7/02)
8.21.060 Owner liable for premises. The owner of any premises shall be liable for the costs to
the City for the enforcement of any provision of this Chapter. (3560-7/02)
8.21.070 Accumulation prohibited.No person occupying, using or controlling any premises
shall permit any Refuse to accumulate thereon, nor shall any such person maintain any
accumulation of Refuse thereon, unless in either event the same is stored in a manner approved
by the Director or by law. It shall be unlawful for any person to dump, deposit,place or bury
Refuse in or upon any lot, land, street, or alley, whether public or private, nor throw such Refuse
in any creek, stream, water or water way within the City. Any unauthorized accumulation of
Refuse on any premises is hereby prohibited and declared to be a nuisance. (3560-7/02)
.21,175 Mandatory Recycling of Refuse by Businesses: Commercial Recycling Program.
(a) On and after July 1. 2012, all Businesses within the Citv 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 rec�cling�prograin
appropriate for Ahq=Qity 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 appropriatetypes
of educational and outreach programs to insure that the programgets 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 sixth (60)
days following such notification shall be unlawful and_is herebyrohibited.
8.21.080 Storage.
(a) Refuse shall be stored in a container of a type approved by the Director. Every such
container shall be constructed of metal, plastic, or equally durable material, in such
manner as to be strong, watertight, not easily corrodible, insect and rodent resistant, and
shall be kept covered at all times, except when Refuse is being deposited or removed from
such container. Persons in charge of residential properties served by the City Refuse
Collector's Automated Residential Collection Service shall separate all Refuse, Recyclable
Waste Material, and Yard Waste into the appropriate Residential Cart prior to collection
by the City Refuse Collector. Residential Carts shall be kept in a Level Full condition.
The cover shall completely close the Residential Cart so that no Refuse may be visible.
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Commercial Containers shall be kept in a Level Full condition. The cover shall
completely and tightly close the container so as to render it fly and rodent proof and so that
no Refuse may be visible. A sufficient number of containers shall be provided for the
Basic Level of Service, in order to insure that all Refuse is contained within completely
covered containers until such time as the Refuse is collected. (3560-7/02,3652-6/04,3801-4/08)
(b) Refuse shall be stored in such a manner that it will not provide harborage to rats, nor
cause a fire hazard. (3560-7/02)
8.21.090 Containers and transportation of Defuse. No Person other than the City Refuse
Collector shall transport Refuse or Recyclable Waste Material in the City of Huntington Beach
on behalf of another person in exchange for compensation. All vehicles and containers used in
collecting and transporting Refuse or Recyclable Material shall be provided with metal or plastic
bodies so constructed as to be leakproof and to prevent the escape of offensive odors and loss,
spillage or blowing away of any contents collected or transported within the City. Such vehicles
and containers shall be thoroughly cleaned to eliminate odors and decayed materials. (3560-7/02,
3652-6/04, 3801-4/08)
8.21.100 Containers--location. Property owners and tenants are each responsible for the
placement of Residential Carts and any accumulation of Refuse which is for collection, and
which shall be kept or placed in such a manner as not to be visible from any street or alley,
whether public or private, except from noon on the day preceding collection to 10 p.m. on the
day of collection. During the period of collection, Residential Carts and any accumulation of
Refuse shall be placed, outside of any enclosures, no later than 6:30 a.m., as follows, unless
otherwise directed by the Director: (3560-7/02,3801-4/08)
(a) On alley. On the premises, at the rear property line, where there is a through alley in the
rear of the premises; (3560-7/02)
(b) Access from side entrance. On the premises at an accessible point adjacent to any side
entrance thereto where no through alley exists; (3560-7/02)
(c) At curb. At the curb in front of the premises, where no through alley or side entrance
exists. (3560-7/02)
(d) Unless otherwise directed, each Residential Cart shall be placed for collection in the
roadway portion of the street with such minimum clearance area as to provide clear and
safe lifting for collection. (3801-4/08)
8.21.110 Container--interference.No person except the owner thereof, his agent or employee,
a duly authorized City employee, or any employee of the City Refuse Collector, shall interfere in
any manner with any Residential Cart, or any accumulation of Refuse which is placed for
Collection, nor shall any person remove such Residential Cart, or accumulation from the location
where it shall have been placed by the owner, his agent or his employee. (3560-7/02,3801-4/08)
8.21.120 Container--improper substances. No person shall place or cause or permit to be
placed in any refuse container or Residential Cart any substance or material other than Refuse as
defined in this Chapter. Furniture, appliances, construction and demolition wastes, or any other
waste which is of sufficient size or weight that, when placed in a refuse container or Residential
Cart, prevent the lid from closing completely or cause the weight of the refuse container or
Residential Cart to exceed the posted weight capacity, shall not be placed in refuse containers or
Residential Carts. Persons wishing to dispose of such items shall inform the City Refuse
Collector and make special arrangements to have the items removed. The City Refuse Collector
may levy a charge for removal of such items under a schedule and formula to be uniformly
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applied, which formula and schedule shall have been approved by the Director. The City Refuse
Collector shall not be required to collect Hazardous Waste. (3560-7/02,3801-4/08)
8.21.130 Container—removal.
(a) The Director may cause to be posted a notice on any container illegally placed on public
or private property. The notice shall specify the nature of the violation and shall state that
the container must be removed within twenty-four(24) hours or it may be removed and
stored by the City, and the contents disposed of, at the expense of the owner thereof. The
posting of a notice to remove shall constitute constructive notice to the owner and user of
the requirement to remove the container. (3560-7/02,3652-6/04,3801-4/08)
(b) If the container is not removed within twenty-four(24) hours after the notice to remove is
posted, the Director may order the removal and storage of the container and the disposal
of its contents. The owner of the container shall be responsible to the City for the actual
cost of removal, storage, and disposal. All amounts due to the City for the cost of
removal, storage and disposal shall be paid before the container is returned to the owner.
Such amounts shall constitute a debt owed by the owner to the City, and the owner shall
be liable to the City in an action brought by the City for the recovery of such amounts.
(3560-7/02,3801-4/08)
(c) If the identity of the owner of a container that has been removed by the City is known to
the Director, the Director shall promptly cause notice to be mailed to the owner to claim
the stored property. If the container is not claimed within ninety(90) days after removal
and notice to the owner, or ninety(90) days after removal if the identity of the owner is
unknown to the Director, the container and its contents shall be deemed abandoned
property and maybe disposed of accordingly. (3560-7/02, 3801-4/08)
(d) After a container has once been removed by the City pursuant to this article, the
owner thereof shall be deemed to have actual notice of the provisions of this
article, including prohibition against the placement of unauthorized containers. In
the event of a subsequent placement of a container by the same owner, or an
affiliate of the owner,that is in violation of the Chapter, the Director may
immediately, without the posting of a notice to remove pursuant to subsection(a)
of this section, direct the removal and storage of the unauthorized container and
shall, in such case, give notice to the owner to claim the container pursuant to
subsections (b) and (c) of this section. (3801-4/08)
8.21.140 Collection--manner. The owner, occupant, tenant or lessee of any premises
shall provide or cause to be provided, Basic Level of Service for the removal of Refuse
from said premises. Properties utilizing Commercial Collection Service shall provide
Adequate Service. The City Refuse Collector shall remove from the premises all Refuse
which has been properly placed for collection, whenever such Refuse is of a type and in
an amount provided by contract with the City. Any removal of Refuse by the City Refuse
Collector, or any person shall be performed in a neat, orderly and quiet fashion, without
causing damage to the container or the lid. Any spilled matter shall be picked up by the
person responsible for the spillage, and the premises shall be left in a clean and orderly
condition. Overfilled containers of Refuse creating accumulations of Refuse in or at the
pickup site, shall be the responsibility of the premises owner for clean up. The security
and proper Level Full container shall be the responsibility of the premises owner. All
additional collection of any type of Refuse that does not fit into a container or causes an
overfull container shall be the responsibility of the premises owner along with any
additional costs for removal or extra collection services. Refuse lawfully placed for
collection shall be the property of the City of Huntington Beach from the time of
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placement until the time of collection and shall become the property of the City Refuse
Collector from the time of collection to the time of disposal. (3560-7/02,3801-4/08)
8.21.150 Residential Refuse Collection. The City Refuse Collector shall operate and maintain
Residential Refuse Collection in the City by providing the Basic Level of Service on a regularly
scheduled basis, approved by resolution of the City Council, not less frequently than once each
week. The Director may by regulation exclude from such service any item or substance deemed
hazardous, obnoxious or otherwise inappropriate for such service. (3560-7/02)
8.21.160 Commercial Collection Service. Persons owning or operating premises utilizing
Commercial Collection Service shall contract with the City Refuse Collector for the provision of
the Basic Level of Service. The Director may, by written order, require the owner and/or
manager of any premises subject to Commercial Collection Service to provide Adequate Service
to the premises in question. (3560-7/02)
8.21.170 Special Collections--excluded Refuse.
(a) Refuse exceeding the limitation set forth in this Chapter may be scheduled for special
Collection either at regular special Collection dates or by arrangement with the City
Refuse Collector. (3560-7/02)
(b) The City Refuse Collector shall make available containers and drop-off bodies, provide
additional collections not required by this Chapter, pick up Refuse at points other than as
required in this Chapter or provide for the collection of greater volumes of Refuse per
collection than required in this Chapter, any or all of these additional services 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 rates as are reasonable,just
and uniform for all persons or businesses being served. All such direct charges shall be
collected by the City Refuse Collector. (3560-7/02,3801-4/08)
(c) The removal of wearing apparel,bedding or other refuse from homes, hospitals, or other
places where highly infectious or contagious diseases have prevailed, shall be performed
under the supervision and direction of the County Health Officer, and such Refuse shall
neither be placed in containers nor left for regular Collection and disposal. (3560-7/02,
3801-4/08)
(d) Highly flammable or explosive or radioactive Refuse shall not be placed in containers for
regular Collection and disposal, but shall be removed under the supervision of the Fire
Chief at the expense of the owner or possessor of the material. (3560-7/02,3801-4/08)
(e) The Director may, by written permit, authorize provision of bins and drop-off bodies if
the City Refuse Collector fails to provide such service within five (5) calendar days after
a customer order and such service is not thereafter provided within forty-eight (48)hours
after notice to the City Refuse Collector of such failure by the Director. (3560-7/02)
8.21.180 Collection of Recyclable Material. Persons collecting Recyclable Material within the
City shall, in addition to obtaining a business license, obtain a Recyclable Material Collection
and Disposal Permit from the Director prior to commencing such collection and annually
thereafter. Persons operating under such a Permit shall, on a quarterly basis or at such times as
determined by the Director, submit a report to the Director specifying the amount of Recyclable
Material collected within the City, the location(s) from which the Recyclable Material was
collected, and the location(s)to which the Recyclable Material was brought. Such report shall be
kept confidential unless otherwise provided by law. Failure to submit timely reports shall be a
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basis for revocation of the Recyclable Material Collection and Disposal Permit. The Director
shall have the right to audit the records of Persons who have received a Permit pursuant to this
Section. (3560-7/02)
8.21.190 Disposal methods. The City Refuse Collector shall dispose of Refuse in a manner
approved by the Director and consistent with the provisions of this Chapter. (3560-7/02)
8.21.200 Rules and regulations. The Director shall make such rules and regulations as
may be necessary, reasonable, and proper to enforce the provisions of this Chapter. A
copy of any rule or regulation promulgated by the Director shall be provided to the City
Council. (3560-7/02)
8.21.210 Appeals. Any person adversely impacted by a ruling of the Director may appeal such
ruling to the City Administrator. The appeal shall be in writing to the City Administrator and
shall set forth the basis of the appeal. The City Administrator, or his designee, shall hold a
hearing on the appeal within thirty(30) days of receipt of the written appeal. The City
Administrator, or his designee, shall render a written decision within thirty(30)days after the
close of the hearing on the appeal by providing it to the appellant by first class mail. The
decision of the City Administrator shall be final. (3560-7/02)
8.21.220 Unauthorized collection prohibited.
(a) No person other than the City Refuse Collector shall scavenge or otherwise remove
Refuse, Yard Waste or Recyclable Waste Material that has been lawfully placed for
collection. (3560-7/02,3801-4/08)
(b) It shall be unlawful for any person to provide Refuse service within the City without the
permission of the Director. (3560-7/02,3801-4/08)
(c) It shall be unlawful for any person to utilize Refuse collection service by a Person not
permitted to provide such service by the Director. (3560-7/02,3801-4/08)
Huntington Beach Municipal Code Chapter 8.21 Page 9 of 9
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ATTACHMENT #3
CALIFORNIA CODES
PUBLIC RESOURCES CODE
SECTION 42649-42649.7
42649. (a) It is the intent of the Legislature to require
businesses to recycle solid waste that they generate.
(b) It is the intent of the Legislature to allow jurisdictions
flexibility in developing and maintaining commercial solid waste
recycling programs.
(c) It is the intent of the Legislature to reduce greenhouse gas
emissions by diverting commercial solid waste to recycling efforts
and to expand the opportunity for additional recycling services and
recycling manufacturing facilities in California.
42649.1. For purposes of this chapter, the following terms mean the
following:
(a) "Business" means a commercial or public entity, including, but
not limited to, a firm, partnership, proprietorship, joint stock
company, corporation, or association that is organized as a
for-profit or nonprofit entity, or a multifamily residential
dwelling.
(b) "Commercial solid waste" has the same meaning as defined in
Section 17225.12 of Title 14 of the California Code of Regulations.
(c) "Commercial waste generator" means a business subject to
subdivision (a) of Section 42649.2 .
(d) "Self-hauler" means a business that hauls its own waste rather
than contracting for that service.
42649.2. (a) On and after July 1, 2012, a business that generates
more than four cubic yards of commercial solid waste per week or is a
multifamily residential dwelling of five units or more shall arrange
for recycling services, consistent with state or local laws or
requirements, including a local ordinance or agreement, applicable to
the collection, handling, or recycling of solid waste, to the extent
that these services are offered and reasonably available from a
local service provider.
(b) A commercial waste generator shall take at least one of the
following actions:
(1) Source separate recyclable materials from solid waste and
subscribe to a basic level of recycling service that includes
collection, self-hauling, or other arrangements for the pickup of the
recyclable materials.
(2) Subscribe to a recycling service that may include mixed waste
processing that yields diversion results comparable to source
separation.
(c) A property owner of a multifamily residential dwelling may
require tenants to source separate their recyclable materials to aid
in compliance with this section.
42649.3. (a) On and after July 1, 2012, each jurisdiction shall
implement a commercial solid waste recycling program appropriate for
that jurisdiction designed to divert commercial solid waste from
businesses subject to Section 426492, whether or not the jurisdiction
has met the requirements of Section 41780.
(b) If a jurisdiction already has a commercial solid waste
recycling program as one of its diversion elements that meets the
Item 20. - 20 xB -872-
requirements of this section, it shall not be required to implement a
new or expanded commercial solid waste recycling program.
(c) The commercial solid waste recycling program shall be directed
at a commercial waste generator, as defined in subdivision (b) of
Section 42649.1, and may include, but is not limited to, any of the
following:
(1) Implementing a mandatory commercial solid waste recycling
policy or ordinance.
(2) Requiring a mandatory commercial solid waste recycling program
through a franchise contract or agreement.
(3) Requiring all commercial solid waste to go through either a
source separated or mixed processing system that diverts material
from disposal.
(d) The commercial solid waste recycling program shall include
education, outreach to, and monitoring of, businesses. A jurisdiction
shall notify a business if the business is not in compliance with
Section 42649.2.
(e) The commercial solid waste recycling program may include
enforcement provisions that are consistent with a jurisdiction's
authority, including a structure for fines and penalties.
(f) The commercial solid waste recycling program may include
certification requirements for self-haulers.
(g) The department shall review a jurisdiction's compliance with
this section as part of the department's review required by Section
41825. Each jurisdiction shall report the progress achieved in
implementing its commercial recycling program, including education,
outreach, identification, and monitoring, and if applicable,
enforcement efforts, by providing updates in the annual report
required by Section 41821.
(h) The department may also review whether a jurisdiction is in
compliance with this section at any time that the department receives
information that a jurisdiction has not implemented, or is not
making a good faith effort to implement, a commercial recycling
program.
(i) During its review pursuant to subdivision (g) or (h) , the
department shall determine whether each jurisdiction has made a good
faith effort to implement its selected commercial recycling program.
For purposes of this section, "good faith effort" means all
reasonable and feasible efforts by a jurisdiction to implement its
commercial recycling program. During its review, the department may
include, but is not limited to, the following factors in its
evaluation of a jurisdiction's good faith effort:
(1) The extent to which businesses have complied with Section
42649.2, including information on the amount of disposal that is
being diverted from the businesses, if available, and on the number
of businesses that are subscribing to service.
(2) The recovery rate of the commercial waste from the material
recovery facilities that are utilized by the businesses, all
information, methods, and calculations, and any additional
performance data, as requested by the department from the material
recovery facilities pursuant to Section 18809.4 of Title 14 of the
California Code of Regulations.
(3) The extent to which the jurisdiction is conducting education
and outreach to businesses.
(4) The extent to which the jurisdiction is monitoring businesses,
and notifying those businesses that are out of compliance.
(5) The availability of markets for collected recyclables.
HB -873- Item 20. - 21
(6) Budgetary constraints.
(7) In the case of a rural jurisdiction, the effects of small
geographic size, low population density, or distance to markets.
42649.4 . (a) If a jurisdiction adds or expands a commercial solid
waste recycling program to meet the requirements of Section 42649.3,
the jurisdiction shall not be required to revise its source reduction
and recycling element, or obtain the department's approval pursuant
to Article 1 (commencing with Section 41800) of Chapter 7 of Part 1.
(b) If an addition or expansion of a jurisdiction's commercial
solid waste recycling program is necessary, the jurisdiction shall
update in its annual report required pursuant to Section 41821.
42649.5. (a) This chapter does not limit the authority of a local
agency to adopt, implement, or enforce a local commercial solid waste
recycling requirement that is more stringent or comprehensive than
the requirements of this section or limit the authority of a local
agency in a county with a population of less than 200, 000 to require
commercial solid waste recycling.
(b) This chapter does not modify, limit, or abrogate in any manner
any of the following:
(1) A franchise granted or extended by a city, county, or other
local government agency.
(2) A contract, license, or permit to collect solid waste
previously granted or extended by a city, county, or other local
government agency.
(3) The existing right of a business to sell or donate its
recyclable materials.
42649. 6. A local agency may charge and collect a fee from a
commercial waste generator in order to recover the local agency's
costs incurred in complying with this chapter.
42649.7 . If the State Air Resources Board adopts regulations for
commercial recycling prior to the effective date of the act of the
2011-12 Regular Session of the Legislature adding this section, those
regulations shall be deemed to have been adopted by the department,
and they shall be added to the department's regulations and deleted
from the board's regulations as if it were a change without
regulatory effect.
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