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HomeMy WebLinkAboutReturn for Introduction as amended version of Ordinance 4079 Dept ID PW 16-013 Page 1 of 2 Meeting Date 2/16/2016 i jbllh CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION R MEETING DATE: 2/16/2016 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: Return for Introduction an amended version of Ordinance 4079 amending Chapter 8 21 of the Huntington Beach Municipal Code (HBMC) related to Refuse Management by aligning with the new State of California mandatory commercial organics recycling statute 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 organics recycling statute which is effective January 1, 2016 The ordinance has been amended as directed by City Council on January 19, 2016, to clarify that only certain businesses are affected Financial Impact No funding is required for this action Recommended Action Approve for introduction 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 " Alternative Action(s) Do not approve introduction of amended version of ordinance and direct staff as to how to proceed differently An alternative action may result in Huntington Beach being non-compliant with the state requirements and possible censure or fines from CalRecycle Analysis Chapter 8 21 of the Huntington Beach Municipal Code (HBMC) was enacted in July of 2002 to provide specific guidelines determining the aspects of solid waste collection and recycling for residents and businesses In October of 2014, Governor Brown signed into legislation Assembly Bill 1826, which requires mandatory organics recycling for California businesses that meet specific waste generation thresholds The regulation requires local jurisdictions to have programs in place starting January 1, 2016, and sets an initial deadline of April 1, 2016, for the first group of affected businesses to start recycling their organics The following are the thresholds established in Division 30, Part 3, Chapter 12 9 of the California Public Resources Code Section 42649 81 that determine which businesses are required to have an organics recycling program and when they must begin • April 1, 2016: Businesses that generate 8 cubic yards of organic waste per week shall recycle their organics • January 1, 2017 Businesses that generate 4 cubic yards of organic waste per week shall recycle their organics HB -253- Item 10. - I -"-/7 Dept ID PW 16-013 Page 2 of 2 Meeting Date 2/16/2016 • January 1, 2019: Businesses that generate 4 cubic yards or more of commercial solid waste per week shall recycle their organics • January 1, 2020: At the discretion of CalRecycle, if statewide disposal of organic waste has not been reduced to 50 percent of the level of disposal during 2014, a business that generates two cubic yards or more per week of commercial solid waste shall arrange for organic waste recycling services Ordinance revisions are proposed to HBMC Chapter 8 21 amending the definition of refuse, adding a definition of organics, and adding section 8 21 176 to provide the local authority to implement a commercial organics recycling program appropriate for the City and allowing for enforcement if necessary As directed by City Council on January 19, 2016, the ordinance was amended to state that only affected businesses as detailed above are required to recycle organics in the manner provided in Public Resources Code Sections 42649 8 through 42649 81 The City has an exclusive franchise for solid waste and recycling hauling services with Rainbow Environmental Services (Rainbow) As the City Refuse Collector, Rainbow is the only hauler permitted to provide organic recycling services in Huntington Beach Recycling services will include providing containers to a business, emptying the containers at least one time per week, and removing the organic material via truck to an appropriate permitted composting or transformation facility This ordinance does not supersede any existing permits or planning and zoning regulations that would allow Rainbow to operate its transfer station facility outside of the current limits set by CalRecycle, AQMD, or any other enforcement agency that has jurisdiction over the operation of the facility This ordinance neither requires nor permits Rainbow to compost at its facility on Nichols Lane It only provides the means by which the city can establish and Rainbow can provide appropriate state-mandated organics recycling services to Huntington Beach businesses to ensure that both the city and its businesses are complying with state law Businesses will be allowed to self-haul their organics to an appropriate recycling facility if they choose, and will be required to provide data on the location and tonnage recycling to the city upon request A business that uses a landscape maintenance service providing labor to generate the organics and their own trucks to transport the material is considered self-haul To ensure that the self-hauled material is getting composted and not landfilled, the state law requires businesses to require recycling in their contracts with service providers Donation to a third party is also permitted, if such an opportunity were to arise Environmental Status Not applicable Strategic Plan Goal Enhance and Maintain City Service Delivery Attachments) 1 Amended Version of 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 " 2 Legislative Draft 3 PowerPoint—Amended Ordinance 4079 Mandatory Commercial Organics Recycling Item 10. - 2 HB -254- ATTACHME NT 1 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 read as follows "Organic Waste" means food, waste, green waste, landscaping and piuning 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 read as follows "Refuse" means all putiescible and non-putiescible solid, and semisolid wastes, including gaibage, trash, refuse, paper, rubbish, ashes, industrial wastes, organic waste, demolition and construction wastes, discarded home and industrial appliances, manure, vegetable or 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 of 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 teim "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 annended by adding new Section 8 21 176, entitled "Mandatory Recycling of Organic Waste by Businesses; Commercial Organic Waste Progiain" 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 ale mandated by State law to recycle Organic Waste shall arrange for recycling services specifically for Organic Waste in the manner required by Califoinia 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 heieaftei be adopted by State 15-4904/127469_3 doc I 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 Chaptei 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 from 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 subiect to the approval of the Director and at such rates as are reasonable,just and uniform for all businesses being served SECTION 3 This Ordinance 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 92016 Ma or ATTEST APPROVED AS T FORM City Clerk V City Attorney REVIEW APPROVED INITIATED AND APPROVED: ty Manager Director of Public Loiks 154904/127469_3 doe 2 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 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 Wave on March 17,2016 In accordance with the City Charter of said City ' Joan L Flynn, C1, Clerk City Clerk and ex-officio Clerk Senior Deputy City Deputy Ci�Clerk of the City Council of the City of Huntington Beach, California FATMom TAC Fi Nl E `f #2 Ordinance No . 4079 LEGISLATIVE DRAFT CHAPTER 8 21 8.21.010 Definitions The following definitions shall apply in the interpretation and enforcement of these regulations "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 "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 mto separate residential carts by the person discarding such items "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 "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 the chapter, "business"also includes a multifamily residential dwelling of five units or more,regardless of the amount of refuse generated "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 "Collection"means the pickup, removal, and transportation of refuse by any person authorized to do so by the City "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 "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 15-4904/128930 1 "Corporation'means corporations,partnerships, and all business enterprises, associations or organizations, however designed "Director" means the Huntington Beach Director of Public Works or his/her authorized representative "Hazardous waste"means a waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may(1) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness, or(2)pose a substantial present or potential hazard to human health or environment when improperly treated, stored,transported, or disposed of, or otherwise managed "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 "Noncombustible 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 "_Orzanic waste"means food.waste. green waste. landscawn and prumng waste_ nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste "Person" means any individual,firm, governmental unit, organization, partnership, corporation, company or other entity "Processing"means reduction, separation, recovery,conversion or recycling of refuse "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 "Recyclable material collection"means the collection,transportation, storage,transfer,or processing of recyclable materials "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 "Recyclable waste material collecting"means the collection,transportation, storage, transfer, or processing of recyclable waste material. "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 "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 or 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 154904/128930 2 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 Section 40000, et seq "Refuse collection'means the collection,transportation, storage,transfer, disposal, or processing of refuse "Residential collection service"means the collection of refuse from each single-family residence, and each dwellmg 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, mobile home park, church, guard shack,pool house, community room, business or industrial establishment, or any lot containmg more than four dwelling units "Residential cart"means a container having a capacity not to exceed 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 matenal,and green for yard waste "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 (3560-7/02, 3581-11/02, 3801-4/08, 3952-7/12) .21,176 Mandatory Recycling of Organic Waste by Businesses: Commercial Organic Waste Recycling Program A On and after Apnl 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 Califorrua 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 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 On and after January 1, 2016 the Director shall have the duty and the authority to implement an Organic Waste recycling program appropnate for the Crtv which is designed to divert Organic Waste generated by Businesses The program shall comply in all respects with California Public Resources 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 re ulatory agencies 15-4904/128930 3 C The City Refuse Collector shall make available containers and drop-off bodies designiated specifically for the collection of Orgamc Waste from 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 rates as are reasonable, just and uniform for all businesses being served. 15-4904/128930 4 ATTACHMENT D EPARTM ENT OF PUBLIC WORKS Amended Ordinance 4079 Mandatory Commercial Organics Re-cycling 0 0 B a ckg ro und ► In October 2014 , Gov. Brown signed Assembly Bill 1826 which requires certain California businesses to recycle organic waste . ► This legislation is effective .January I , 2016 , with actual commercial organics, recycling programs to commence April 1 , 2016 . f p � BacKground ► This law is part of the California Global Warming Solutions Act of 2006 Scoping x Plan . According to CalRecycle , decomposing organics in the landfills contribute significantly to greenhouse gas emissions that contribute to climate change . O 0 N State Requirements Only businesses that meet the followl n specific thresholds per the state law i ?I be required to arrange for organic waste recycling . • April 1 , 2016 : Businesses that generate 8 cubic yards of organic waste per week shall recycle A their organics • January 1 , 2017 : Businesses that generate 4 cubic yards of organic waste per week shall recycle their organics • January 1 , 2019 : Businesses that generate 4 cubic yards or more of commercial solid waste per week shall recycle their organics ordinance Revision ► Chapter 8 . 21 of the Huntington Beach Municipal Code provides regulation determining the aspects of solid waste and N recycling collection for residences and businesses . W CD O Ordinance Revision ► This ordinance proposes the following revisions to the chapter : o Define organic waste in accordance with the state regulation ; o Provide the local authority to implement and enforce N commercial organics recycling as required by the state ; o Authorize the city refuse collector, Rainbow Environmental Services , to provide businesses that must recycle organics with the bins , carts or other containers necessary to do so and to collect organics from the businesses Summary and Recommendation ► The proposed ordinance changes will ease the City' s compliance with the state regulation and will facilitate new program implementation . ► The ordinance does not supersede any existing permits or planning and zoning regulations that would allow Rainbow to operate its transfer station facility outside of the current limits set by the CalRecycle , AQMD, or any other enforcement agency that has jurisdiction over aspects of the facility. 1111 o � fD O Questions? 1�0 CT \MMMA i Dept ID PW 15-071 Paqe 1 of 2 Meeting Date 12/21/2 015 -/9-�/G ti c. "iN — ry i4i?7o��1 _ CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION r MEETING DATE. 12/21/2015 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 4079 amending Chapter 8 21 of the Huntington Beach Municipal Code (HBMC) related to Refuse Management by aligning with the new State of California mandatory commercial organics recycling statute 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 organics recycling statute which is effective January 1, 2016 Financial Impact No funding is required for this action Recommended Action Approve for Introduction 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" 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 2014, Governor Brown signed into legislation Assembly Bill 1826, which requires mandatory organics recycling for California businesses commencing April 1, 2016 This legislation was codified in the California Public Resources Code Sections 42649 8 through 42649 85 The regulation is effective January 1, 2016, with an April 1, 2016, deadline for affected businesses to start recycling organics Revisions are proposed to the definitions and sections in Chapter 8 21 to provide the local authority to implement a commercial organics recycling program appropriate for the City, and to allow for enforcement if necessary The revisions are made to 1 Define organic waste in accordance with the state regulation 2 Add section 8 21 176 requiring that affected businesses implement a recycling program in accordance with the state's commercial recycling regulations 3 Authorize the City Refuse Collector (Rainbow Environmental Services) to provide service and containers for the collection and recycling of organic waste from businesses Dept ID PW 15-071 Page f 2 Meeting Date 1 l 1/2 015 Staff recommends that City Council approve the Introduction of this ordinance in order to facilitate compliance with the state regulation and new program implementation Environmental Status Not applicable Strategic Plan Goal Enhance and Maintain City Service Delivery Attachment(s) 1 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' 2 Legislative Draft HB -31ol- Item 28• - 2 I ORDINANCE NO 4 0 7 9 AN ORDINANCE OF THE CITY OF HUNTINGTON BEA AMENDING CHAPTER 8 21 OF THE HUNTINGTON BEACH M ICIPAL CODE RELATING TO REFUSE MANAGEMENT The City Council of the City of Huntington Beach does hereby idain as follows SECTION 1 Section 8 21 010 of the Huntington Beach M icipal Code, entitled "Definitions," is hereby amended to add a new definition to read as�follows "Organic waste" means food, waste, green waste,lndsca in and pruning g landscaping p g waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste SECTION 2. 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 r6ad as follows: 8.21.176 MandatoryRecycling of Organic Waste b Businesses; Commercial Organic Y g g Y g Waste Recycling Program A On and after April 1, 2016, all Businesses within the City shall arrange for recycling services specifically for organic waste/in the manner required by California 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 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 On and after Januaiy 1, 2016 the Directoi shall have the duty and the authoiity to implement an organic waste recycling piogiam appropriate for the City which is designed to divert organic waste generated by Businesses The program shall comply in all respects with California Public Resources 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. 15-4904/127469 doe 1 Ordinance No . 4079 C The City Refuse Collector shall make available containers and drop-off bodies#esignated specifically for the collection of organic waste from businesses at the request f the person or business being served The City Refuse Collector may make a dir ct charge in each instance for such additional service under a written agreement which all be subject to the approval of the Director and at such rates as are reasonable,dust and uniform for all businesses being served All such direct charges shall be collected by the City Refuse Collector. SECTION 3. This ordinance 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 day of , 2015. Mayor ATTEST. APPROVED'AS ORM. City Clerk City Attorney Q REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager Director of Pu lic Works d 6 1 154904/127469 doc 2 Ordinance No . 4079 LEGISLATIVE DRAFT CHAPTER 8 21 8.21.010 Definitions The following definitions shall apply in the interpretation and enforcem/these gulations: "Adequate service"means the combmation of the number of cold , mber 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 f "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 p rsson discarding such items "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. Banc level of service,with respect to commercial collection service,means that level of collection and disposal service necessary to provide adequate service. "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 propetty complex containing two or more commercial entities), industrial facility, school school district, California State University, community colleges, University of Califorma, special district or a federal, state, local,regional agency or facility. For purposes of the chapter, "business" also includes a multi-family residential dwelling of five units or more, regardless of the amount of refuse generated "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 "Collection"means the pickup,removal, and transportation of refuse by any person authorized to do so by the City "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 "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 alftypes of containers, including dumpsters or bins. 15-4904/128930 L I ri "Corporation"means corporations,partnerships, and all business enterprise !associations or organizations,however designed. "Director"means the Huntington Beach Director of Public Works or his/her authorized representative "Hazardous waste"means a waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious charactenstics may(1)cause, or significantly contnbute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness, or(2)pose a substantial present or potential hazard to human health or environment when improperly treated, stored,transported,or disposed of, or otherwise managed. "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 "Noncombustible 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 "Organic waste"means food. waste. green waste. landsca ing and Wining waste, nonhazardous wood waste,and food-soiled paper waste that is mixed m with food waste "Person"means any individual, firm, governmental unit, organization, partnership, corporation, company or other entity "Processing"means reduction, separation,recovery, conversion or recycling of refuse "Recyclable material"means materials wh/ch 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 "Recyclable material collection"melons the collection,transportation, storage,transfer, or processing of recyclable materials/ "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 "Recyclable waste materialcollecting"means the collection,transportation,storage, transfer, or processing of rrecyclable waste material "Recycling"means the process of collecting, sorting,cleansing, treatmg,and reconstituting materials that would otherwise be disposed of by landfilling or transformation,and returning materials to the econ.mic mainstream in the form of raw material for new,reused, or reconstituted produc s "Refuse"means ,fa/ ,!�ll 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, 15-4904/128930 2 and liquid waste Recyclable waste material is considered refuse for/ae uroses of this chapter Materials that are sold or donated by the owner thereof , and thereafter recycled, are not considered refuse for purposes of thia term "refuse" shall be synonymous with the term "solid waste"as used in the Waste Management Act, Public Resources Code Section 40000, et seq "Refuse collection"means the collection,transportation, storag disposal, or processing of refuse "Residential collection service"means the collection of refuse single-family residence, and each dwelling unit within a duplex,a triplex or a eceiving noncommercial refuse collection service It shall not include an hotel, motel,lodge, hall, club,tourist camp,trailer camp, mobile home park, church, gu d shack, pool house, community room,business or industrial establishment, or an lot containing more than four dwelling units "Residential cart"means a container having a capacity n t to exceed 95 gallons and furnished or supplied by the City refuse collector for use in the automated residential collection service Residential carts shall be colored b-own for refuse, blue for recyclable CI;L waste material, and green for yard waste "Yard waste"means those constituents of solid waste comprised of non-soil landscape or plant materials such as tree trimmings, grass cu ngs,plants, weeds, leaves, branches,trees, or similar materials (3560-7/02, 3581-11/02, 3901-4/08, 3952-7/12) 8.21.176 MandatoryRecycling of Orga isWastc by Businesses;__ e c' 1 Organic Waste Recycling Program A On and after A nl 1 2016 all B/sinesses within the Cjjy shall arrange for recycling services specifically r organic waste in the manner required by California 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 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 olicies 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 iespects with California Public Resources 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 154904/128930 3 � �' ' C The City Refuse Collector shall make available containers and o -off bodies designated specifically for the collection of organic waste fr businesses at the request of the person or business being served The Cityfuse Collector ma make a direct charge in each instance for such addition service under a written agreement which shall be subject to the approval oft e Director and at such rates as are reasonable ust and uniform for all business s bein served. All such direct char es shall be collected by the City Re se Collector a� � s f W�UU 154904/128930 4 DEPARTMENT OF PUBLIC WORKS Mandatory Commercial Organics Recycling Background ► In October 2014, Gov. Brown signed Assembly Bill 1 826 which requires certain California businesses to recycle organic waste. ► This legislation is effective January 1 , 2016, with actual commercial organics recycling programs to commence April 1 , 2016. LEME Meeting Date:_/.Z 1 Agenda Item No. � (� Ordinance Revision ► Chapter 8.21 of the Huntington Beach Municipal Code provides regulation determining aspects of solid waste and recycling collection for residences and businesses. ► Revisions to the chapter are proposed to • Define organic waste in accordance with the state regulation, • Provide the local authority to implement and enforce commercial organics recycling, • Authorize the city refuse collector, Rainbow Environmental Services, to provide such a service. Recommendation ► The proposed ordinance changes will facilitate the City's compliance with the state regulation and will facilitate new program implementation. ► Staff recommends that City Council approve the introduction of these revisions to the existing ordinance. 2 Questions? i 3 l Esparza, Patty From: Esparza, Patty Sent: Wednesday, February 17, 2016 11 24 AM To Wapner, Kirsty Subject: RE Message from "PWAdminRicoh7001PS1397" No it was not - this document was never sent to our office for inclusion in the packet or Supplemental Communications. -----Original Message----- From: Wapner, Kirsty Sent: Wednesday, February 17, 2016 9.59 AM To: Esparza, Patty Subject: FW: Message from "PWAdminRicoh7001PS1397" Hi Patty, Do you know if this attached letter from OVSD was included in the packet from Council last night? It was in regards to the Ordinance Thanks Kirsty L. Wapner Public Works Department City of Huntington Beach Ph. 714.536.5437 kirsty.wapner(@surfcity-hb.org -----Original Message----- From: Hopkins, Travis Sent: Tuesday, February 16, 2016 8:48 AM To: Wapner, Kirsty Subject: FW: Message from "PWAdminRicoh7001PS1397" Sincerely, Travis K. Hopkins, PE Director of Public Works City of Huntington Beach (714) 536-5437 -----Original Message----- From: Hopkins, Travis Sent: Tuesday, February 09, 2016 1:04 PM To: Wilson, Fred Subject: FW: Message from "PWAdminRicoh7001PS1397" Fred, Attached is a letter that I received yesterday from the OVSD. I have provided a copy to the City Attorney and I am having staff review. As you can see from the RCA some of the comments in the letter and at the council meeting are inaccurate. We will be prepared to cover the concerns as we did during the previous council meeting. 1 Sincerely, Travis K. Hopkins, PE Director of Public Works City of Huntington Beach (714) 536-5437 -----Original Message----- From* public works copier(@surfcity-hb.org [mailto:public works copier(@surfcity-hb.org] Sent: Monday, February 08, 2016 1:09 PM To: Hopkins, Travis Subject: Message from "PWAdminRicoh7001PS1397" This E-mail was sent from "PWAdminRicoh7001PS1397" (Aficio MP 7001). Scan Date: 02.08.2016 13:08:32 (-0800) Queries to: public works copier(@surfcity-hb.org 2 Ocean View. School District 17200 Pinehurst Lane, Superintendent Board of Trustees Huntington Beach,CA 92647 Carol Hansen, Ed D Gina Clayton Tarvin,President Tel 714 847-2551 Jack C Souders,Vice President Fax 714847-1430 John Briscoe,Clerk "Equity and web iA mu ovsd org Debbie Cotton, Member Excellence" Joseph Gaglione,Member February 4, 2016 N Mr Travis K Hopkins, PE � o Director of Public Works C= C City of Huntington Beach m 2000 Main Street 2c='-i `o Huntington Beach, California 92648 jC, Re Proposed Ordinance No 4079 '�'� y Organic Waste Recycling w co Dear Mr Hopkins At its January 19, 2016, the Huntington Beach City Council directed staff to redraft Ordinance No 4079, Organic Waste Recycling, to include changes and additional information about the impacts of the proposed ordinance On behalf of the Ocean View School District("OVSD") that gave public testimony concerning the proposed ordinance, I would like to provide additional information for you and the city to consider in redrafting the proposed Ordinance No 4079 Compostinq Currently, Rainbow Environmental Services also known as Rainbow Disposal ("Rainbow") is prohibited from conducting composting of green waste and food waste at its facility located at 17121 Nichols Lane The 2015 Solid Waste Facility Permit (refer to attachment) only allows Transfer/Processing Facility and Chipping and Grinding of green waste As you can see Composting Facility(Green Material) is not permitted Assembly Bill No 1826, that the proposed Ordinance No 4079 is undertaking to address, requires jurisdictions to implement an organic waste collection and recycling program to divert organic waste Organic waste is defined as green waste, landscape and pruning waste, nonhazardous wood waste, but also includes food waste and food-soiled paper waste that is mixed within food waste Food waste and food-soiled paper waste is highly odiferous and has been r identified by the South Coast Air Quality District ("SCAQMD") as a source of numerous odor complaints from the Oak View Elementary and Preschool as well as the Oak View community and resulted in SCAQMD issuing several Notice of Violations to Rainbow Nuisance odors are common not only from the transfer of this material but also from disposal trucks traveling on Nichols Lane to Rainbow's Mr Hopkins Page 2 February 4, 2016 facility OVSD is very concerned that adding new organic waste recycling services at the Rainbow facility will exasperate the existing conditions and will have significant environmental impacts to Oak View schools and community In the draft ordinance presented to City Council on January 19, 2016 there was no mention that the adoption of the ordinance would allow Rainbow to conduct composting operations at its Nichols facility However, that would have been the result In section 4249 82 (d) (2), AB No 1826 states that`organic waste recycling facility" includes compostable materials handling operations and jurisdictions need to adopt appropriate zoning and permit requirements for the location of new organic waste recycling facilities. Section 42649.84 (c) states nothing in this chapter modifies, limits, or abrogates the authority of a local jurisdiction with respect to land use, zoning, or facility siting decisions by or within that local jurisdiction The proposed ordinance needs to include identification of appropriate location(s)with regulations to mitigate impacts for organic waste recycling services to occur in Huntington Beach Siting of Organic Waste Recycling Facility Rainbow's Nichols Lane facility is not the appropriate location for an organic waste recycling facility Green waste composting (including food waste) is notorious for causing offensive odors as well as emissions from volatile organic compounds and ammonia This is not speculative, but documented fact and recognized by state regulatory agencies CalRecycle and AQMD Oak View Elementary School and Preschool are already negatively impacted by the odor from Rainbow's existing operations including odors from passing disposal trucks on Nichols Lane Additional trucks carrying food waste and mixed food waste will add to this existing nuisance The schools are currently negatively impacted by noise from trucks entering and exiting Rainbow's facility that impact children and teacher instruction on the playground Siting an organic waste recycling facility will significantly add to the number of trucks on Nichols Lane and increase diesel fumes from passing trucks Fires are also associated with composting There already are frequent fires at the transfer station and MRF Also, composting may require the storage of composting material for curing a minimum of 40 days Is there even the capacity at Rainbow for this type of operations? Huntington Beach needs to analyze the appropriate location for an organic recycling facility and it should not be next to an elementary and preschool Environmental Justice Oak View neighborhood (bounded by Warner Avenue to the north, Beach Boulevard to the east, Slater Avenue to the south and Nichols Lane to the west) is a community of concern for environmental justice because the neighborhood is disproportionately populated with minority and low-income residents with Mr Hopkins Page 3 February 4, 2016 significant language barriers and is in close proximity and exposed to source pollutions Cal EPA's Calenviroscreen 2 0 scores the Oak View census tract,which includes an area greater than the Oak View neighborhood, as having a high pollution burden score of 74 compared to other areas of Huntington Beach. Adding organic waste recycling will exasperate this high pollution burden Huntington Beach's policies, programs and ordinances need to lessen the pollution burden in the Oak View neighborhood, not add to it SCAQMD Stipulated Abatement Order, Case No 4394-2 On December 2, 2015, Rainbow entered into a stipulated abatement order with SCAQMD Thirteen (13) Notice of Violations were issued by the SCAQMD between November 2013 and October 2015 with a majority of the NOV's issued for allegedly causing a public nuisance During the hearing, Board members stated that they could make the finding of a nuisance The proposed improvements include a Retrofit and expand the transfer station so that receipt, processing, and trans-loading of municipal solid waste ("MSW') will be conducted within a building that meets the enclosure specifications of AQMD Rule 410 with negative pressure and air pollution equipment, b Retrofit and expand the existing materials recovery facility such that receipt and processing of Single Stream Source Separated Recyclables will be conducted within a building that meets the enclosure specifications of Rule 410, with negative pressure and air pollution equipment, c Conduct its receipt, processing, and trans-loading of green waste within the transfer station as described in (a), d Construct a building for receipt, processing, and trans-loading of Construction and Demolition Debris, which will have doors and openings of not more than 15% of the total exterior of the building, including the floor and roof areas, with not more than 8% of which will be open at any one time during operations along with a misting system to abate potential dust emissions from operations inside the building Rainbow has until December 1, 2017 to complete the proposed improvements During interim construction period, Rainbow has agreed, among other things, to limit daily accepted MSW to no more than 2,000 tons per day and until Rainbow obtains COO for operation described in (a) above, shall be limited to no more than 1,300 tons per day of MSW Rainbow has also agreed to limit all categories of waste to no more than 2,300 tons per day until all the proposed improvements Mr Hopkins Page 4 February 4, 2016 are constructed and operational Rainbow has also agreed to prohibit the receipt of "hot load" that are described as odiferous loads that contain supermarket cull and trim or the storage and stockpiling of odorous recyclables (such as milk cartons) outdoors at the facility The proposed organic waste recycling ordinance should not amend, modify or nullify any portion of the SCAQMD order AQMD Rule 1133 3 Wherever the organic waste recycling facility is located, it will be subject to SCAQMD regulations SCAQMD Rule 1133 3 concerns emission reductions from green waste composing operations and applies to all new and existing green waste composting operations that produce active or finished compost from green waste by itself or green waste in combination with manure or food waste, unless certain exemptions apply For green waste composting operations that process more than 5,000 tons of food waste per year shall be conducted using an emission control device designed and operated with an overall system control efficiency of at least 80% by weight, each for VOC and ammonia emissions There is no analysis presented by the city with the proposed ordinance of the potential tonnage per year of organic waste to be collected and recycled At the April 21, 2014 City Council meeting Rainbow recognized the three Albertson's Grocery Stores in Huntington Beach for diverting 1,000 tons of food waste from the landfill in 2012 by giving 68% to Second Harvest and the remaining 32% or 380 tons of food waste segregated for collection by Rainbow for subsequent organic recycling This tonnage represents only 3 grocery stores and does not include all the grocery stores, restaurants, and other businesses such as Target, Costco and Walmart that generate food and green waste in Huntington Beach, Westminster and Fountain Valley whose collected solid waste is processed at the Nichols Lane facility Solid waste facilities and especially organic waste/composting facilities should not be located adjacent to sensitive land uses such as residential and public schools There should be separation and a buffer zone of at least 1,000 feet in order to mitigate the environmental impacts on non-compatible land uses Even with the SCAQMD regulations, organic waste recycling services should not be conducted next to an elementary or preschool California Environmental Quality Act The ordinance as proposed grants composting operations at Rainbow's Nichols Lane facility and therefore is a Project subject to CEQA analysis Huntington Mr Hopkins Page 5 February 4, 2016 Beach needs to prepare an environmental impact report and fully analyze environmental factors such as air quality, noise, traffic and mandatory findings of significance as having potentially significant impacts on the environment Huntington Beach cannot provide land use approval for composting to Rainbow via the proposed ordinance for organic recycling services for its Nichols facility without analysis of the environmental impacts Proposed Ordinance Conditions and Regulations • The ordinance should require that all receipt, processing, and trans-loading of organic waste be conducted within a building that meets the enclosure specifications of AQMD Rule 410 with negative pressure and air pollution equipment • The ordinance should require that transportation of food waste and mixed food waste be contained within airtight and sealed containers to prevent odors from passing trucks and spills. Thank you for the opportunity to provide you with additional information on the proposed organic waste recycling ordinance Sincerely, Carol Hansen, Ed D Superintendent Attachment Fbdilty Number: i SOLID WASTE FACILITY PERMIT 30-A"099 L Name amd Stred Address of Fadllty: 2. Nsme and Mallimg Address*fOperater. 3. Nme*ad Malfias Address of Ow#Ar: Rabbow,Tye wrvr vng Co"Inc, Rainbow Tmaff§aaTAeycft Co,last. Rainbow Trawfi ?UnClatg Co.,Inc 17121 Nkbols Lase 17121 9 is We 17121 Nicb oia Last Huntington Beak,CA 92647 H=tft=Beast.CA 92647 Hwaingwn Beach,CA 92647 4.Spealticatioes: a Pa>rsaMed Opsatjow: Solid Waste Dsspysa1 Site Q Ttawfartmattion Fwituy Ttansr=ftocessing Facility(MRF) 9 Odcr ChPPmS=d C3rkdmg �] ComposthS Facility(Greets Materkl) b Penai#hd lfsrass otd;�aeraiba;: Waft t AcC a said TYmmsfer 6:00 am to 6-00 M 10.mda y throuO S lay WaM ftoccasingffiquipuM said 24 hot as 6er do.Monday ftaugh Sunday Facility Mateo n Permitted hlasioam Tonw1c 4,000 Tons/Day(')w d. Kry Deadp Para ers(Detalled par meters tart tbowa as site plans bearing ng SA OW CaMezyde va€1dxtksns): Tata1 Digowl COGWOVIng TMnsfannodan Pannitoed A..m Cm ems) 17.59 VA 1759 NIA N/A Destga cmactly(M yd.) = WA NTA WA WA �Y=F#a.� 4r �,.0 Shy ,:-^��'�- s �, �-r^ ;�t�+�;xs.' I►fi31L FFa Vl�]OA(Ft lit"t) Iti!'t� � .r Y dt s .i�4 Mau.Depdi(Ft.NOL) WA A� � u MINIM (1)Ibis phased UzUW kovandata:ts we stated in a mdldoos 17.X cant 17.b.on PW i of pavit (2)Ftus*DBpwW Dcq gp Cqmcgy s msy M&mw a h daBy==V Rt than • Hovmw tbc CEQA docmDm 4br tm ptjbd @M 064M SCH 1N.2Mll ItP73)anabm:d ands tbt of a 4,tlI�Q tpd t ti 34- L$a�a sicsat+�� dealgu ar #arm tlssa mad .tide pest es subject to r,crroracS an or gzpmsm The ammw permit soil eoodmaros gk=UVt pm of tads pcmtta and=Pascdc the candbOM astray mvi& y Issood sow waste Sci ity pertStit, I 6. Ufa temeat Agavy Name and AddmoL 1 County of Omnge HeaM Cara Agency i 4 Evvtm=enW filth Aug 1paur A~�._ Solid waste Local Ettst Ageascy Devise REHS12.41 F—Dyer Road,Suite 120 Director,Envit�tswneritat111 Santa Am,CAS 92745 7. D$W Reedved by Ca[ eocyc3r. & Cie CautwTom Date: July 27,2009 September 15,2009 9. Perzdt Ihavind Date: M Parmh Review Batt date: i L Ownev:tlperator'>transter Date: Out er 2(Ys 2 October A 2019 N/A Pie t of 5 Faci*y tumea: i 12. LeW Dewflption of ftdW. Tlye wmffiwta qmw ofthe northwest qMatm of the northeast qaw of Section 26,Tow=4 S sotab,Res I I walk in the Rmicto Las Bolus,as shown cae a asap raced m Book 51,Pep 13 of miisceibneots Me;*.records of Osage Coamty.C atifmmia i 13, Findings: a,. Tbis permit is conmsu=with the County of Orange Countywide Inwgrated,Waste Management Pima OC3\irh4n w *aw Ian approved by the Calafmm hitegaeted Waste Mmmgement Road(CIWSB)on Septcember 16,23 The location of the t?bcillty is Wentrfied and des"Ibed in the Nonfisposal Facility Element, pursuant to Public Rrsour gs Code (PRC) Sec im j SOtl03(n): la. This parmTt a coasn=with the standards adoiftci by the CiWMB,pursuant to PRC 44010 c The deft ad operation of the Rainbow Ttansferjkecyelittg Co Inc is cansist wM the Sto Minirmm StS�for Solid Waste HsvAbn and Disposal as determined by the aatmcetncat 1690CY,P=Xat to PRC 44009 d. Negatrw Declaration 81-4 was adopted by the Hurimsmu Beam Board of Zonmg AdjustwO on Mardi 4, 1991,to aupP M the Mel SWFP Loaned cm July X 1991. T1ne tcmrafer stedmi commamcd opesetim in November of 1993 o. 00 October 22, 1991 Neltpitiv0 Dec ion 91-30 was filed with the State CkwitlAottsa(SCH No.I99I091003)and mad by the City of Antir tm Beef Plarmiag CommiWaL Ile Negative IIeckration 91-30 end sttppOM 0A, fectiity'a maxlmum dwly tamaap (2,9D0 toms per dayk mckaiing ttmitals raaavcry f deity, br`idmg, cT= and maintenance bufklm& The Elousebold Htcrardcnss Wam Coikttion C (MWCC)is w4vorted by Negtve DecluldW9043(SC;H ii 199MI0913). L A Notice of Exemption(Onsa 1)was filed by tam Hostington Heads Plaaning Department cm lantmry 25, 1999,to soppm the mpandan of the pobffc honors of cpaatim On May 14,2004,a hoti:x of Exemption(Class 15)was filed by the 11%Mfington Beach Phming Departtnew to svppost the cowoUdzdw of five pefcels(c OWAstiag of I7 59 acres)into one}mat g. KA40W Negative Dwlwrdm No.O6-006 was fkd with the Sty Ckwrmgtm=(5CH No.2M111073)and adapttd by the City of Hon Beach Placating Coartnission on March 10,2W9 Negstive Declaaancxc 06406 dcuriba end mgTom tam facitaty's gtmscd ttscz of ttsestimnra daily ummV to 4,000 spd of Trusfer SUCton No. 2,remoddWg and etnlang Transfer Station No. 1, a new nbaarrtals tocye.Iiag facility, rad upgrading the sag mderWs nay bdlr% tsIfetI building. 14. IU f ci*it,peed to recetve the Wowag types of 0 solid waft:mind trtun=pal,residcsrteal.commiercIAL mil,construcbon and danolifi ns waste,m=t debris,gteenwasns,woodwaatc;and ekcmwk waste"L. Tbc facility is pnidNled ftm receving the fallowing i tms of eWRiD9 In tint foilowiDg 0pttati0fW •Acceptame of hazardow waste w and radioactive wraste. •Nen-ham*=waste fe ng special trmn=t or tamdiirn&acept these wan=ideanlied m the TtettstepTroarmn Rrmrt- •Acceptance of fiqwd wash or semi-wild waste, or net,as defmsd m Scchm 2=0 ofThk 273,Califamia Cods of •ActepUtasa of bimikk sewage sledge+septic tu*P=Pm9e,clam waste,sitm5es,res3anr mt V=w trap VmLpnlP. •acceptance of medic d waste as defhwd in Chmmr 6.1.Division 2t1 of the Health and Safety Code. •Acccpb=of ash. •.The�of o��m� proccsting shal1 not exceed 122 dWm Fdw=hcit. Eack load of Sreenwaste shall be rcax vtd owe Winhin 43 hmaa of readfR. Pfte 2of5 Farca"Iitt t4 mbu, SOLID WASTE FACILITY PERMIT 30- 99 14.. Ptohlbift=(e00tuumd) Motes: (�) »&vtca ea bm baa dtts&d as WdVUW UULD P&SCWM 66M t OfMaglem.r9a 22 of tt Haub Gad Safty C � bz'at,6aaaeo��wwa t .air-)atta9l be rimed r�Ebt WOC attema m poet of ft p og=so OW Hxmrdm Wee Cakd3on ter ar m a Lmmsd WaItHWAW ('�) xa8�grob3�dtFina,tam vx���ba asxeaged�t>:o H�o4d}irawdom w�c tt�a. I& Tlae Eo�iag dacnasa U describe aaadfor restrict tht optmttoa of this fa*lty: ote ETf Dee on ( 1� 1]Q•7.�) 11.12t1EA8 Transfer-fig Rcpmt I Lr2di# Cond3tlome]Use Permit 06 030 AIDE(Class 15 Catcvxicll E.Xeatt ) 0511402004 Coadimonal Use P,etmit 91-42 10fZ2li991 NOE(Class I Caul Eacam)tittu) 0M1999 IMlod&Atkm to CUP 91.42 101I$11993 AID 91-30(S1 Na.1991091003) 1 012211 99 1 Ordticumcm Plant Ammdxncut NO. 9 01/12/1999 WD 91-43 09/1311990 t iaiv Stif'l1'ltoattasiitg: The ownWoprsator of Rsdabow TrznsfcrAtccycbng Co Imo.shall sobmft the rem of all self tttovtitoriag g MOM to the County Sol1d Waft Local Eafacaxmettt Apney by the due daUs bates In additloth,mcb records shall also be made a ml"to the LFA during the inspections and dmH be gcc unite and do=m:aud within 7 days of the activity dffie. Each w1kFtot hWt m9,Wmt shall inch ah. DaW aand maul*tpasmtttim(ha taus)and"C5 of wa8tc LC=vv& Such 2CCards WW 9130 be made avaflable to tha 1.FA dtt€ing;that'mV=tkm and 3ba be accarrCe and docutsfed vy hbina 7 days of 11ae acdiivlty da W DIY b. h M#dy tnk a (m t=) of tttsteriats recovezedUbraged and matt to CIUMIriy tt wads and odw%cflitim c± Moaftt MIS of the q=vbfift(€n W=)of gtCeawwm teca vcd.recovered, aamd the final C�rteriy desti=on of the recovered gee. d Daily and tt=lhly tonnages of the ggan tt"ty of wash Waded Batts traersfaa trm'lars and flaw Quwmiy for disposal amdlor addWooai Fwmsmg. a. Results of tha: pa2hibited waste (as Wccifitd is Sactm 14 ProhibWom) screenangAaW QUfftcrf.v decking p opun(qusmija wad tyT=)and the diapasitkn of ft=wastes. f. A stamrh y of the Log of SPeciRWtttasshsi OccMenea(SAJ O)dDcumcuting wddents, eMplOYM mjMX3, fiM 000S oas,r Of f9M= of pruh� warms, hUntdota Q waste fnddent% tmachedoled sue, vmxWiM dC- and the operaWes actions m response. Fag,3 of S �"�� Fte�itl Numbtr: i WASTE FACILITY PERWr 30-AR-M99 propam wog F"Mmy 16. Sff Monitor :(tamtinned) g. Lop of all verbal ad Min of all wrrn= coamplaim Coftuiiniag to L.EA-reguleud parametem and um mbar rm standards)rtWing this facility and tt opermes ecOm m Qmtmiy rcvamr— Untm regdred by statue or ram,vabW and written odw complamta will not be Mulled its time grmraerty report. Ho%vvra,records dooaatrretmiing verbal and written odor conpkints received by the opator&tB be made avaails!Ae to the LEA for review of wing the traaptctiams. b. Alt regulatory notices(c.g.,Notice to Comply,harries:of violstim Notice&Order,Cease & Desist Order.Chan-up &Abatement Osier)receWed by the facility and the operator's Quarterly actions In mpomsa_ T he se report shalt be vJxwmcd in mcmdance witb the followimg schobale. ggagng Finad Hava hn=y&rmgb Marcb May 1 brae Augur t hrly tea September Noveatber 1 October ftougb Lccembr r Faabrarary 1 17. Orange County Solid Waste-Uwal Rufarre meat Agency Conditions: (Mew condition shO be to addition to coadltions of aver docaments eantraiiing the operations an"r design of the farEJty.) a. The operator aball omgiy with all stem mum=r standards for mcmvin& hmxgm&storage, and trsmafer of sold woo as sad In Cbepw 3.%Division 7,Title 14 of The CaUmnim Cade of RephOom(CCR). The op wet or SW Insert the sftm at least mm each clay of art to ammm compliance wilt all arpplwable,state mainfv= UmAwdk eamelitiasm midpdm rn�sen`ea►permus,mai mptathm& b Ircthirtg In *As pm=shen p vvcnt the operator fsrusr complying with all pardam liedeml, sure, ad local req=w=Em Tubing to dme condblow*971 be coma rued as reiitving the!utility oper3tw,or designee fl=time oblWifi m of obuhft aril reqdred Pa Traits,bcewca,or other clearances ad cmpIymg with an crams,laws,raga .ram,or ddr TaTmumenz of animus regal or tafercermont agencies. c 71 o LEA reserves the rsgbt to probAr t,vmpw d,modify,or cam the handling of solid waste or ogress at tits faeliny to pma pablic bad and sdW,to P potential hear 1 ,m&or public umis to panted the arvsoa or to mitigate admit envirommentid ice. d. This permit is snInect to paw review and may be modifi4 suVended,or revolcext,at any time by the LEA ft suffimcm cause its soccord am wtth PRC Seetim 44305. a. The operaw shall notify the LEA in wykjag with proposed mmcadrnects, modificallons, andlar re umms m the g Report at list ow hundred eighty(190)calendar dqs tat ardvmwe of the p upowd chop to the fscrwvs dicip or opawAm to anow for early consuftatioe,=qUdon of all requ6vd dons,due promm review.fi&g and the caiMW=of n:t mtanrd pazmie ft procesum Such rrofi"scation is reph-ed for tbr, fallowing , but rtt'4 tirmtaod to, perauttod.terra per day MnI% attars of peraarmed await, atKVw days of opera adftm of ratably equipatem and structures,and dmSes In opuadon and procedures W My described in the"irawftrllmratessimg Report f. This perm sus Solid Wage Fa c ity Pernut.34-AB-0499 cm 1, 1993,and revised ors Erma:23,2004. Par 4 of 5 i Facdgrj Namter SOLED WASTE FA►CILrrY PERNUfi 30-A 099 17. ©range County Sod Wastt Local Bufma meat Ageaey Conddtinaa:(coafteed) g Who the it==&der maArW averMes 2,800 hasty feu tdtree mitts Malbs(the-avemp fib'tovmp wilt be calculawd cm=ommg torinages for Monday thttugla Pnftl Tr=*f BOtW t$#2 rt< *be fully wdowd. The futttty must be able to operate in compfia=wbh$seta minint,mt ataadards and d w operator shalt update the Rule 414 eve Odor $went Pins(Appeaft Y m Facility"I'nnsfiat/'raasai�Rqv d)to reftec3 CIUMV3 M the operational are85 fbr 70casdUS wM vase,wW meaza=takers to adequafly can rai odors fC m proce ssmg solid waste. lt. When the itscvttting daily mam-al mvmgw 3,300 tcrtslday for tlmee continuous months{the avwW daily tonnage will be caku3sttrd as sscommg==&a for Monday tt> Fsiftyl Ttasfrr SWIdtag#1 (tom=sting transfix btttkdM&&must be rem,end and fatly co closed. The factft asset be obte to operate is com pliawe With state mtitmm standwds and the opetam shall Vdatc the Rule 410 Alic�Oda impact Mkt Plan to reflect these aperationAl d=ges. i. Tbc operator siren notify the LEA by pboae,fix,or e•oralt as won as 6s maximum permitted daily mintage has been c azedsd_ The operator shall provide the LEA in writing within 48 hmn the mews fbr ft cw=dm=and the measures and prucedwa to pevem a recurrasce of cdedly tonne excecdancc. j. The lhctfity mmi be able to operate in compdfm=With state tnitt shomld the operatw csmsrru#a s sexamiary mewriak recy+cHng amity to provide addidenal ttwavwm tscycLing syvcms m process food or other tea. The operatorshallvdatethc Elate 410 Altanative 0dat hmpW Managemcrte Flan to ttf@ett dwse ape atkE sl L All incoming gtoenwtste,consbuctian and demolition v=%,electronic wwtc,tnbced mtmicgW sa1d waste,food wsato,and axmmzitsgt�recyclabW will be eoorited toward site permitted maximum cdadly tannage. L As cadbed in Sion 16,the opa=shed watmsdn at the facM y a daily tog of spccisb aual ocxtnreaces(SfU O). The:log shalt fit,but not be limited to:public mdum cotWbautts pmumomg to ISA-rogulated pr to And state mi*m= (erg.,Misr,leas,offlizz m4rackm of racr,etc.),f ins.engosiorik rem or Mection of prwddod watca,mcdcrds of personal iqatfy.vanddt atta,accidcuft aesdlor property damage- In addition.an odor c ocuplaad log shall also be mabMined doccuming aU vetlral and written compisints received by the opetw r. Ernst lag mny shalt be accompanied by a suretmeay of trite rtspona/catrecdve acddous tabu by the opegor to mitigate any nega&a impam of cut occurrcoce. Days wfdim kchlob of SU O sW be wted with im xpptcgriM nepwre tatty for such days such aL "No&U Q today" The Iqp shalt be readily hole to fssct'thy pcwwA,the LEA,and od w fepdoory age upon tit.Su;cb mcords sha€i be accurate and tdocuineoted within 7 clays of*e activity date. m. 11c oprtraiatr sMH mationm a LEA approved b&vo4oc&VmAfflAtcd wzatc screenIpS exclusion(1md cw=kiae' prograzz at trite flacility as descrilmd m the TransfaMmessag Rcpw,.v&cb will adequately protect public health and the environmod from StSW d6posW of b . Ipr�wash. a. At aid shares, share shsld be litser condo# permad aadtau usher wkquale momeft to dnmluft litter f um blOWr and sauardatbig off-sits_All der almlt be property disposed in roc rerq%acks and V offsets wittun 48 h ass. a. Pet=oal assigned to the fesility sha►U be fly trained in subjects perthtem to trsasfir soon opautions and rnaiatraance, sDW wee mz0aVment, prohikatcd matouls recapdtm and screening. star of mtcVmand egmpnvv, and emenenoy prootaes. A rccoad of sttth vab ttg shalt be maintained at the site and avifilable for mview by site LEA,the CIWMB,surd odd tegulaU"ages cm upon p AWqrme safety a pirpmen# including had , hearmg protecticat, sd* go"Ies, &v&�, nfety boCTM and �' protcctim sbedi be provided and availlablc to aril per3mmel asaiped to the fbdhty and must be warn when necessary, Page!5 of 5