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Ordinance Number 695ORDINANCE NO. 695 TITLE 6 OF THE MUNICIPAL CODE - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 6, CHAPTER 3 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE TO ESTABLISH REGULATIONS FOR THE COLLECTION OF SOLID WASTE (MUNICIPAL SOLID WASTE COLLECTION LAW) THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Title 6, Chapter 3 of the San Juan Capistrano Municipal Code is hereby amended in its entirety to read as follows: "CHAPTER3 "SOLID WASTE "Sections 6-3.01 through 6-3.14 codified from Ordinance No. 223, as amended by Ordinance No. 325, amended in their entirety by Ordinance No. 567, effective April 17, 1986, and amended in their entirety again by Ordinance No. 695 effective December 30, 1991. "Section 6-3.01. Title. "This chapter shall be known and may be cited as the 'Municipal Solid Waste Collection Law of the City of San Juan Capistrano.' "Section 6-3.02. Purpose and Intent. "(a) It is in the public interest to control the solid waste handling services within the City. "(b) The City must comply with The California Integrated Waste Management Act of 1989 (Public Resources Code §§ 40000 et seq) which, among other things, requires the City to track the quantity of solid waste being generated in the City and to reduce the total amount. "(c) To enable the City to comply with The California Integrated Waste Management Act of 1989 and to better control the solid waste handling services within the City, the City deems it necessary to grant one solid waste enterprise the right to provide exclusive solid waste handling services within the City as provided in this chapter. "Section 6-3.03. Definitions. "For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows: se "(a) 'Authorized recycling contractor' shall mean any person authorized under a contract with the City to collect recyclable solid waste from designated recycling collection locations. "(b) 'Cleanup service' shall mean any person whose primary business is the cleanup of solid waste on the property of another and who incidental to such business (i) hauls only the solid waste which he cleans up and no other solid waste, (ii) uses his own vehicle to haul the solid waste which he cleans up, and (iii) does not use a dumpster, "drop -off -box" or other container, whether or not such dumpster, box or container is left at the cleanup site, to accomplish the cleanup, collection or transportation of the solid waste. "(c) 'Construction and demolition debris' shall mean all solid waste resulting from, or created as a result of, construction or demolition activities of any kind. "(d) 'Designated recycling collection location' shall mean the place designated in the contract between the City and an authorized recycling contractor from which the authorized recycling contractor has contracted to collect recyclable solid waste. This location will customarily be the curbside of a residential neighborhood or the service alley of a commercial enterprise. "(e) 'Exclusive solid waste enterprise' shall mean any agent or employee of the City or any agent or employee of any person with whom the City shall have duly contracted under the terms set forth in the Chapter for exclusive solid waste handling services. "(f) 'Exclusive solid waste handling services' shall mean an arrangement wherein one person shall have the right to provide all the solid waste handling services within the City to the exclusion of all other persons except for the persons and under the situations expressly included in Subsections (b), (c), (d), (e), (f) and (g) of Section 6-3.06. "(g) 'Hazardous solid waste' shall mean (i) any 'hazardous substance' as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.), as amended from time to time, and regulations promulgated thereunder; (ii any 'hazardous substance' as defined by the Carpenter - Presley -Tanner Hazardous Substance Account Act (California Health and Safety Code Sections 25300 et seq.), as amended from time to time, and regulations promulgated thereunder; (iii) asbestos; (iv) polychlorinated biphenyls; (v) petroleum, oil, gasoline (refined and unrefined) and their respective by-products and constituents; (vi) any other substance which by any federal, state or local law or regulation either requires special handling in its use, transportation, generation, collection, storage, handling, treatment or disposal, or is defined as 'hazardous' or harmful to the environment; and (vii) all solid waste which is hazardous by reason of its pathological, explosive, corrosive, radiological, toxic or other characteristic. "(h) 'Person' shall mean any solid waste enterprise, individual, partnership, joint venture, firm, corporation, non-profit corporation, association, organization, unincorporated private or public organization, or any other combination or erit4sy. "(i) 'Recyclable solid waste' shall mean all solid waste which can be recycled and which is separated from other solid waste for the purpose of being recycled such as, but not limited to, aluminum, cardboard, glass, grass and yard cuttings, metal, newspaper, paper and plastic. "(j) 'Recycle' or 'recycling' shall mean the process of collecting, transferring, sorting, cleansing, treating, and reconstituting materials that would otherwise become -2- 22 - solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. "(k) 'Solid waste' shall mean all putrescible and nonputrescible solid and semisolid waste without limitation, whether originating from residential, commercial, industrial or any other use, including, but not limited to, abandoned vehicles and parts thereof, ashes, commercial solid waste, construction and demolition debris, discarded home and industrial appliances, garbage, grass and yard cuttings, industrial solid waste, manure, paper, recyclable solid waste, refuse, residential solid waste, rubbish, trash and vegetable and animal solid and semisolid wastes. 'Solid waste' shall not include hazardous solid waste or special solid waste. "(t) 'Solid Waste Coordinator' shall mean the Solid Waste Coordinator of the City or such other designee of the City charged with coordinating, monitoring, controlling or regulating municipal solid waste. "(m) 'Solid waste enterprise' shall mean any person regularly engaged in the business of providing solid waste handling services. "(n) 'Solid waste handling services' shall mean the transportation, storage, transfer, processing or collection (whether from the curbside, dumpsters, or any other type of solid waste container or location) of solid waste for residential, commercial, institutional, industrial or any other originators, users or customers. '(o) 'Special solid waste' shall mean (i) any solid waste listed in Section 66740 of Title 22 of the California Code of Regulations, as amended from time to time, (ii) any solid waste which has been classified as a special waste pursuant to Section 66744 of Title 22 of the California Code of Regulations as amended from time to time, or (iii) any solid waste which has been granted a variance for the purpose of storage, transportation, treatment, or disposal by the Department of Health Services pursuant to Section 66310 of Title 22 of the California Code of Regulations as amended from time to time. 'Special solid waste' shall also mean any solid waste which, because of its source of generation, physical, chemical or biological characteristics, or unique disposal practices, is specifically conditioned in a solid waste facilities permit for handling and/or disposal. "Section 6-3.04. Authorization to Enter into an Agreement for Exclusive Solid Waste Handling Services. "The City may enter into a contract providing for exclusive solid waste handling services within the City on whatever terms the City considers appropriate. Said contract for exclusive solid waste handling services shall be in writing. The person with whom the City enters into said exclusive solid waste handling services contract is referred to in this Chapter as the exclusive solid waste enterprise, and said person shall have the exclusive right to perform all solid waste handling services within the City. "Section 6-3.05. Liability Insurance and Bond Requirements. "The exclusive solid waste enterprise shall provide both a surety bond and liability insurance protection in an amount to be agreed upon in the exclusive solid waste handling services contract and also acceptable to the office of the City Attorney. -3- "Section 6-3.06. Collection by Persons Other than the Exclusive Solid Waste Enterprise. "(a) Except for the exclusive solid waste enterprise and except for any person described in Subsections (b), (c), (d), (e), (f) and (g) of this Section 6-3.06, it shall be unlawful for any person to engage in solid waste handling services within the City, and all persons currently engaging in solid waste handling services within the City shall cease such operations immediately upon receiving written notice from the City. "(b) The actual producers of solid waste and the owners of property upon which solid waste has accumulated may personally engage in solid waste handling services, but only as to the solid waste which they have actually produced or which has accumulated on their own property, and provided they comply with the provisions of this Chapter and with any other governing laws. Except as provided in Subsection (c) of this Section 6-3.06 for construction and demolition debris, said actual producers and property owners shall not allow any other person, except the exclusive solid waste enterprise, to perform solid waste handling services for the solid waste which they have produced, which has accumulated on their property, or which they otherwise own or control. "(c) The actual producers of construction and demolition debris and the owners of property upon which construction and demolition debris has accumulated may engage the licensed general contractor who produced all or part of said construction and demolition debris to perform solid waste handling services as to all or part of the construction and demolition debris generated during the construction project for which said licensed general contractor was employed, provided that all such licensed general contractors comply with the provisions of this Chapter and with any other governing laws. Said actual producers and property owners shall not allow any other person, except for the exclusive solid waste enterprise or the licensed general contractor described in this Subsection, to perform solid waste handling services for the construction and demolition debris which they have produced, which has accumulated on their property, or which they otherwise own or control. "(d) Any authorized recycling contractor may collect recyclable solid waste from a designated recycling collection location, provided the authorized recycling contractor complies with the provisions of this Chapter and with any other governing laws. "(e) Any cleanup service may transport solid waste from the place it cleans up said solid waste to any legal dump site, provided the cleanup service complies with the provisions of this Chapter and with any other governing laws. "(f) Any person may haul solid waste over City streets provided they comply with the provisions of this Chapter and with any other governing laws, and provided further they do not engage in any solid waste handling services within the City. "(g) In the event of an emergency, including, but not limited to, the breakdown of equipment or other unforeseen or unpreventable circumstances, or where in the judgment of the Solid Waste Coordinator the particular situation justifies such action, the Solid Waste Coordinator may issue limited or temporary contracts to any person to perform solid waste handling services, subject to such reasonable fees, charges and conditions as the circumstances may warrant and as the parties involved may agree upon; provided that such fees and charges received from or paid to any person under this Subsection of this Section 6-3.06 for any period exceeding fifteen (15) days in duration shall be approved by the City Council. -4- b 44 "Section 6-3.07. Recyclable Solid Waste. "(a) Ownership of Recyclable Solid Waste. Upon placement of recyclable solid waste at a designated recycling collection location, such recyclable solid waste shall become the property of the authorized recycling contractor. "(b) Collection Except for the including but no solid waste from ms other than the Authorized Recycling Contractor. authorized recycling contractor, it shall be unlawful for any person, : limited to the exclusive solid waste enterprise, to collect recyclable a designated recycling collection location. "(c) Right of Individual to Dispose of Recyclable Solid Waste. Nothing in this Chapter shall limit the right of any person to donate, sell or otherwise dispose of recyclable solid waste, provided that any such disposal is in accordance with the provisions of this Chapter. "(d) Civil Action by Authorized Recycling Contractor. Nothing in this Chapter shall be deemed to limit the right of an authorized recycling contractor to bring a civil action against any person who violates Subsection (b) of this Section 6-3.07 of this Code, nor shall a conviction for such violation exempt any person from a civil action brought by an authorized recycling contractor. "Section 6-3.08. Collection. "(a) Mandatory Fee. Each and every owner of real property within the City shall pay to the exclusive solid waste enterprise a fee established pursuant to Subsections (b) and (c) of this Section 6-3.08 for solid waste handling services whether or not such person actually uses the services of the exclusive solid waste enterprise. "(b) Rate Structure. The rates charged by the exclusive solid waste enterprise for the solid waste handling services shall be as set forth in the schedule of rates and charges which shall be mutually agreed upon by the City and the exclusive solid waste enterprise in the exclusive solid waste handling services contract. "(c) Rate Increases. Annual rate increases may be granted as set forth in the exclusive solid waste handling services contract between the City and the exclusive solid waste enterprise. In the event of an annual increase, the Solid Waste Coordinator shall annually publish a revised schedule of rates and charges for the solid waste handling services. "Section 6-3.09. Special Solid Waste and Hazardous Solid Waste. "(a) Disposition. Generators, owners and/or possessors of special solid waste and/or hazardous solid waste shall dispose of all special solid waste and hazardous solid waste which they generate, own or possess in accordance with all governing laws. "(b) Regulation. The Health Officer and the Solid Waste Coordinator may promulgate regulations regarding the handling, transportation and/or disposal of special solid waste and hazardous solid waste within the City. "(c) Collection. It shall be unlawful for the exclusive solid waste enterprise and any authorized recycling contractor to perform solid waste handling services for special solid waste or hazardous solid waste. "(d) Placement in Containers for Collection. It shall be unlawful for any person to place special solid waste or hazardous solid waste in containers for regular -5- collection by the exclusive solid waste enterprise or at a designated recycling collection location. "Section 6-3.10. Depositing and Scattering. "No person shall cast, place, sweep, or deposit anywhere within the City any solid waste in such a manner so that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway, stream, or other public place or into any premises within the City. "Section 6-3.11. Nuisances. "Any unauthorized accumulation of solid waste, hazardous solid waste or special solid waste on any property or in any premises is hereby declared to be a nuisance and shall be prohibited. "Section 6-3.12. Regulations. "All solid waste accumulated in the City shall be collected and disposed of under the supervision of the Solid Waste Coordinator. The Solid Waste Coordinator shall have the authority to make regulations concerning the days and manner of collection, publishing of revised annual schedules of rates and charges, type and location of solid waste containers, and any other matters pertaining to solid waste handling services as he or she shall find necessary, and to change and modify such regulations after reasonable notice to the exclusive solid waste enterprise. "Section 6-3.13. Appealing Regulations. "Any person aggrieved by a regulation of, or a fee charged by, the Solid Waste Coordinator shall have the right of appeal to the City Manager who shall have the authority to confirm, modify, or revoke any such regulation or fee. "Section 6-3.14. Enforcement - Author "The City Manager and/or his or her designee shall have the authority to enforce the provisions of this Chapter. This authority shall be in addition to the authority granted to police officers pursuant to the Code. "Section 6-3.15. Violations. "Any and each violation of this Chapter shall constitute a separate and distinct offense punishable in accordance with Chapter 2 of Title 1 of this Code. "Section 6-3.16. Severability. "If any section, sentence, clause, or phrase of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions. The City Council of the City of San Juan Capistrano hereby declares that it would have passed this Chapter and each section, subsection, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional, and would have passed and adopted the same even though any parts, sections, subsections, sentences, clauses or phrases that may be held invalid had been omitted therefrom." SECTION 2. Effective Date. This Ordinance shall take effect and be in force December 30, 1991. SECTION 3. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption is required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. PASSED, APPROVED, AND ADOPTED this 1st day of October , 1991. ´┐ŻENNETH E. FRIESS, MAYO ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 695 which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on September 17 , 1991, and adopted at a meeting held on October 1 , 1991, by the following vote: AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez and Mayor Friess NOES: None ABSTAIN: None ABSENT: None (SEAL)% CHERYL iRS^ CITY CLERK -7-