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Subject: Citywide Qfuse and Recycling Program
From: . Pat Malloy, Director
Dept: Pub 1 i c Servi ces
Date: 7/12/94
Synopsis of Previous Council action:
03/02/92 Resolution 92-83 adopting the SRRE and HHWE.
09/09/92 Resolution 92-355 establishing a residential recycling pilot program.
03/08/93 Resolution 93-52 establishing a commercial cardboard recycling program.
09/07/93 . Resolution 93-331 establishing a commercial greenwaste recycling program.
06/06/94 . Resolution 94-128 requesting distribution of remaining AB 939 funds ($419,000)
to San Bernardino to offset cost of recycling implementation.
06/08/94 Uays and Means Committee approval of staff recommendation to develop program.
Recommended motion:
1. That the Proposed Citywide Recycling Program be approved in concept and that the
Director of Public Services be authorized to implement this program in accordance
with the implementation schedule outlined in the attached Staff Report.
2. The further reading of the ordinance be waived and it be laid over for final
adoption.
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Contact person: Kevi n Barnes. Refuse Suoeri ntendent
Phone: 5053
Supporting data attached: Executive SUlrrnarv. Staff Reoort. Ward: All
Ordinance
FUNDING REQUIREMENTS: Amount: Il"Quir"~ continuing existing refuse service rates for
FY 94/95.
Source: (Acct. No.!
(Acct. Description) Per aooroved budQet.
Finance:
Council Notes:
75.0262
Agenda Item NO...31
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EXECUTIVE SUMMARY
BACKGROUND
In 1989, the California Legislature enacted the "California Integrated Waste
Management Act", AS 939. The intent of AS 939 was to reduce the amount of solid
waste being disposed in California by requiring every City to divert 25 and 50
percent of all solid waste from landfills by January 1, 1995 and 2000,
respectively. In order to comply with this Act, the City completed its Source
Reduction and Recycling Element (SRRE) in March 1992. Included in the goals of
the SRRE were first, to construct a Material Recovery Facility (MRF) and second,
tq implement a green waste recovery program.
DISCUSSION
Since adoption of the SRRE, several legislative changes have been made to AS 939;
and, staff reports addressing the changes will be brought before Council in
August 1994. These legislative changes provided an opportunity to revise the
City's recycling plan for a lower cost system. The greenwaste recovery program
has been shifted to 1995 and the construction of a MRF has been deferred to at
least 2000. This revision will defer the expenditure of approximately $20
million for the construction of a MRF, until the year 1999/2000.
The Refuse Division recently completed a successful pilot recycling program in
four (4) community neighborhoods. Sixteen percent of the refuse collected was
diverted from the landfill.
Staff recommends that the City begin a Citywide recycling program, in order to
meet the 1995, 25% diversion mandate. The initial cost to implement and operate
this program, $2,530,920 is included in this years adopted budget. Annual costs
for the next four (4) years are estimated to be $2,330,000. Similar to the pilot
Droaram. a new three (3\ container weekly collection oroaram will consist of
refuse. recyclable material and areenwaste collected once a week. This is a
change from the twice a week manual pickup schedule. Staff is preparing
schedules to implement the program in phases, beginning in April of 1995 and
becoming fully operational by fall of 1995.
IMPLEMENTATION
To implement this program, the following actions should be taken:
o Amend the Garbage and Rubbish section of the Municipal Code to include
provisions for recycling.
o Adopt a letter of addendum to the SRRE.
o Adopt the Non Disposal Facility Element (NDFE).
o Adopt a new rate resolution (does not involve a rate increase).
o Purchase new refuse and recycling containers and automated refuse and
recycling trucks.
o Select processing and material handling outlets for mixed recyclables and
greenwaste.
oRe-classify Refuse Division employees to accommodate new recycling
collection assignments (no new positions will be added).
o Design and construct an intermediate loading center for recyclables at the
City Service Center (City Yard).
o Present an implementation schedule and plan for commercial and industrial
recycling.
A detailed implementation schedule is included in the attached staff report.
PM: REFUSE: CC Report Citywide Recycling
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STAFF REPORT
CITYWIDE RECYCLING PROGRAM
BACKGROUND
To preserve the environment and to conserve landfill space, the
California Integrated Waste Management Act of 1989 (AB 939)
requires cities and counties to reduce solid waste disposal 25%
by the year 1995 and 50% by the year 2000. AB 939 also requires
a planning document, Source Reduction and Recycling Element
(SRRE), to examine the waste stream, evaluate possible reduction
methods and to describe the City's programs for meeting waste
reduction goals.
San Bernardino adopted an SRRE in 1992. Subsequently, AB 2494
changed the way AB 939 waste reduction efforts are measured.
Rather than report all recycling amounts, AB 2494 establishes a
1995 landfill quota through an economic growth formula applied to
1990 tonnage. Also, Assembly Bill 3001 will require a new
planning document, Non Disposal Facility Element (NDFE), to show
where materials would be sent other than to landfills.
Staff has prepared this element and the document is currently
being reviewed by the Solid Waste Advisory Task Force (SWATF).
This document will be brought to Council for adoption in August
through a Public Hearing process.
Due to these legislative changes, the city will need to amend the
SRRE. Rather than require a complete revision of the SRRE prior
to implementation of the programs for 1995, the California
Integrated Waste Management Board (CIWMB) will accept a letter of
addendum with a copy of the adopted SRRE and NDFE by 8/31/94.
Staff has taken this opportunity to move the lower cost
greenwaste recycling program to 1995, ahead of the development of
the Material Recovery Facility (MRF) as originally adopted by
Council in the SRRE. This program shift will defer initial MRF
construction costs of approximately $20,000,000 to 1999/2000.
The letter ammending the SRRE will be submitted for Common
Council's approval along with adoption of the NDFE in August
1994.
MAKEUP OF THE SOLID WASTE STREAM
In order to plan an effective recycling program, staff considered
the makeup of the waste stream including various recyclable
materials. Many Americans think of newspaper, bottles, and cans
as recyclables. However, these "traditional" recyclables make up
only 12% of most cities' waste stream. In order to create an
effective recycling program, it is important to provide a system
for "nontraditional" recyclables such as boxes, magazines, junk
mail, plastics, etc. These materials make up approximately 35%
of the waste stream; and, yard trimmings and grass (greenwaste)
make up approximately 20%, depending on the season (Figure 1
attached) .
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CITYWIDE RECYCLING PROGRAM
2
Another key consideration for recycling is material value.
"Traditional" recyclables have historically been recycled
according to their value and demand. Although staff has
identified non traditional recyclables in the waste stream, their
market value is relatively low. The approximate value of all
recyclables was calculated according to the worth of each item
and the amount of space taken in the waste stream. These dollar
values were compared to the material volumes identified in Figure
2, attached. The total value for non-traditional recyclables
demonstrates that there is "no gold in garbage". Nevertheless, a
large variety of low value materials must be recycled in order to
meet the 25% and 50% waste reduction mandate. It is also
important to note that, the net cost of recycling non-traditional
recyclable material will offset landfill disposal costs.
DIVERSION SYSTEMS CONSIDERED
Once staff
recycling,
them:
determined which materials needed to be targeted for
several alternatives were evaluated for recovering
1. Material Recovery Facility (MRF) - a large industrial
building where waste is unloaded, sorted by people and
machines, and then shipped for recycling or disposal.
A MRF would add approximately $4 per month to
household refuse bills.
2. Greenwaste Collection - collection of grass and yard
trimmings requires a large parcel for unloading,
shredding, and composting. A market is necessary for
large quantities of finished compost. San Bernardino
could produce enough compost material to cover a ten
(10) acre garden with one (1) foot of material per
year.
3. Recyclable Collection - Three (3) options for curbside
pickup were evaluated:
a. Curbsort - sorting recyclables from small baskets
into compartmentalized trucks. This process is
time consuming and limits the program to a small
number of materials that can be collected, such as
the "traditional" recyclables.
b. Bag co-collection picking up recyclables in
bluebags placed in or next to the regular refuse
container. This process would require sorting the
bags at a central disposal site. This would
require handling all refuse material twice, and
would require ongoing purchase costs for bags.
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CITYWIDE RECYCLING PROGRAM
3
c. Commingled Recycling - picking up all types of
recyclables, both "traditional" and "non-traditional,"
in one large, convenient container. This process would
require only sorting clean recyclables at a recycling
center.
CHANGE IN STRATEGY
Because local composting sites were not available at the time the
SRRE was developed, the original SRRE selected the development of
a MRF and commingled recycling as the principle methods for
meeting the 25% reduction goal in 1995. Greenwaste systems were
then planned for meeting the 50% reduction goal in 2000. In
preparation to implement the City'S SRRE, four potential MRF
sites were studied and a pilot program for a commingled recycling
process was conducted.
During the course of this study, the state simplified the
greenwaste facility permitting process and local composting sites
became available. A Joint Facility Siting Study, conducted by
East Valley cities, found that the development of a MRF could be
postponed in favor of a lower cost greenwaste program, and
continue to meet the 25% recycling goal. Subsequently, staff
planned and rebudgeted for a fully automated, three-container
pickup system for recyclables, greenwaste and refuse.
PILOT PROGRAM
The pilot recycling program was designed to collect a large
variety of household recyclables. Four (4) neighborhoods,
comprised of 450 homes each, were selected for the City'S pilot
program (Figure 3, attached). These neighborhoods were selected
to represent all of San Bernardino and to provide summary data
for the development of a citywide recycling program.
The combined recyclable materials
neighborhoods amounted to 16% of the
considered to be very successful.
collected from
waste stream,
these
and is
The following is a brief description of the education process
used in the actual collection and disposal process.
Recycling Program information and education were provided through
several channels. Brochures explaining California's solid waste
problem announcing the pilot program in advance were distributed
to each household. Illustrated instructional flyers were
attached to each recycling container at the time of deli very.
These flyers provided a universal message for all languages and
literacy levels. Newspaper announcements and the local "Inland
Empire Alive" television show were also used.
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CITYWIDE RECYCLING PROGRAM
4
Recyclable materials are collected weekly, unloaded and
transferred into shipping containers at the City yard, and then
sent to a recycling plant. These materials are processed at the
recycling plant and jointly marketed with materials from allover
Southern California through long term, global outlets. This
element is an important feature in light of the flooded material
markets.
It is also important to note that in order to successfully
accomplish the pilot program, a recyclable collection route was
substituted for the second weekly refuse pickup, as illustrated
in Figure 4, attached.
CITYWIDE RECYCLING PROGRAM
The City can meet the AB 939 recycling mandate by expanding its
pilot recycling program to a citywide program and by adding
greenwaste collection to the program. The cost of a Citywide
recycling and greenwaste program has been included in the FY
94/95 budget. The cost to implement this program for the first
year is estimated to be $2,530,920. Subsequent annual
expenditures are estimated to be $2,330,000, $200,000 less than
the first year. The cost to construct a intermediate loading
center at the Service Center (City Yard), will be funded solely
from the first year for the program.
Staff is preparing an implementation schedule which will phase in
the new recycling program between April 2nd and fall of 1995.
This new program will provide more service in terms of the amount
of material that can be picked up per week to City residents at
no additional cost this year.
Similar to the pilot proaram. a new three (3) container weeklv
collection proqram will consist of refuse. recvclable material
and areenwaste collected once a week. Each home will be provided
with a standard, black 90 gallon refuse container. Each home
will also receive a blue 60 gallon recvclinq container and a
green 60 gallon qreenwaste container. These containers, combined
together, will provide up to 210 gallons of disposal per week, as
compared to the 180 gallons currently being collected, as
illustrated in Figure 5, attached.
The following benefits can be derived from this program:
Reduction in fuel consumption and air pollution; elimination of
Saturday pickups, thereby increasing neighborhood safety and
reducing liability exposure; provisions for holiday pickup the
day following the normal collection day; and ease of
identification non-participating homes.
Operational benefits of the program will be: Reduction in truck
and equipment wear; increased equipment life and decreased
maintenance costs, personalized service with smaller three part
recycling routes; greater program effectiveness through improved
education and monitoring.
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crTYWrDE RECYCLrNG PROGRAM
5
rMPLEMENTATrON SCHEDULE
Auqust 1,
1994
Amend the Garbage and Rubbish section of
Municipal Code to include provisions
recycling.
the
for
Auqust 15, 1995
Adopt a letter of addendum to the SRRE.
Auqust 15, 1994
Adopt the Non Disposal Facility Element
(NDFE).
October 3, 1994
Adopt a new rate resolution (does not involve
a rate increase).
October 1994
Purchase new refuse and recycling containers
and automated refuse and recycling trucks.
$6,534,000, or $1,176,120 per year for seven
(7) years.
November 1994
Select processing and material handling
outlets for mixed recyclables and greenwaste.
$1,063,000 annually
January 1995
Re-classify Refuse Division employees to
accommodate new refuse collection assignments
(no new positions will be added). $91,800
annually
January 1995
Design and construct an intermediate loading
center for recyclables at the city service
Center (City Yard). $200,000 first year cost
only
April 1995
Begin phased
recycling.
implementation of citywide
July 1995
Present an implementation schedule and plan
for commercial and industrial recycling.
PM: Refuse: CC Report Citywide Recycling
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FlGURE 5
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8
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.24 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO GARBAGE AND
RUBBISH
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Chapter 8.24 of the San Bernardino Municipal
Code is hereby amended to read as follows:
"8.24.010. Definitions.
9 The following words, terms and phrases when used in this
10 chapter shall have the meaning ascribed to them in this section.
11 The singular number shall include the plural.
A.
"Byproducts" means and includes:
1.
All materials produced, developed or generated
incidental to the operation of any business, which is not the
principal object of production of such business, but which
material, due to its nature, can be sold by the producer thereof
at a price greater than the cost of hauling such material to the
point of delivery or sale;
2. All material which, due to its nature, can be sold
by the producer thereof, at the point of production, for valuable
consideration; and
3.
All such materials as the Common Council, by
resolution, designates as byproducts.
B.
"Garbage" means and includes table refuse, swill, and
offal, and every accumulation of animal, vegetable and other
matter that attends the preparation, consumption, decay or dealing
in or storage of meat, fish, fowl, fruit and includes all animal
and vegetable refuse from kitchens and all household waste that
DAB: (Garbage.Ord)
1
July 21. 199.
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has been prepared from or intended to be used as food, or has
resul ted from the preparation of food and also includes all
vegetable trimmings from markets or stores. Articles and things
not hereinbefore enumerated are not included in the term
"garbage": dead animals over five pounds in weight, dish or waste
water, paper and other combustible or inflammable material,
crockery, glass, cans, tins, ashes, wire and sweepings and like
materials.
C. "Garbage Collector" means an agent or employee of the
City or employees thereof, licensed by contract or permit, to
collect and transport garbage in the City.
D. "Occupant". means and includes every owner of, and every
tenant or person who is in possession of, is the inhabitant of, or
has care and control of, an inhabited residence. For the purpose
of this definition, a residence shall be presumed to be inhabited
if water service is being furnished thereto.
E. "Person" includes any individual, firm, co-partnership,
corporation or association.
F. "Residence" means any and all dwelling units, as
defined in the "Land Use Zoning Ordinance" of the City of San
Bernardino, and other building used for residential or dwelling
purposes.
G. "Rubbish" includes but is not limited to nonhazardous
waste materials not included in the terms "garbage", "byproducts" ,
"recyclable discards", or "greenwaste", swill, earth, sand, clay,
gravel, loam, manure, or stone.
H. "Rubbish Collector" means an agent or employee of the
City or any person, firm or corporation or association, or the
DAB: [Carbage.Ord] 2 July 21. 1994
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agents or employees thereof, licensed by contract or permit, to
collect and transport rubbish in the City. (Ord. 2845 (part),
1967: Ord. 1968 S 1, 1943.)
I. "Recyclable discards" means paper, books, magazines,
boxes, wrappers, various types of plastic, metal, glass,
packaging, textiles, household and business articles, appliances,
electronics, furniture, business fixtures, and tires and such
materials as listed by the Director of Public Services as
recyclable discards. Recyclable discards shall be material
designated as recyclable by the Director of Public Services which,
due to their nature, are discarded by th~ producer thereof.
Material included in the term "byproducts" may be included in
"recyclable discards" by virtue of being discarded for pickup by
the City's recyclable collector.
J. "Greenwaste" means grass, cuttings,
branches, leaves, wood, sawdust, and other
material.
prunings,
discarded
tree
plant
K. "Recyclable Collector" means an agent or employee of
the City or any person, firm or corporation or association, or the
agents or employees thereof, licensed by contract or permit, to
collect and transport recyclable discards in the City.
L. "Greenwaste Collector" means an agent or employee of
the City or any person, firm or corporation or association, or the
agents or employees thereof, licensed by contract or permit, to
collect and transport greenwaste in the City.
8.24.020. Container requirements.
All garbage accumulated at any private dwelling, boarding
house, restaurant, hotel, eating house, market, grocery store,
DAB: (Garbage.Drd] 3 July 21. 1994
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fruit store, or stores selling fruits and vegetables, or any other
place where there is an accumulation of garbage, shall be kept
upon the premises in containers, as approved by the board of
health and the Director of Public Services, of a capacity of not
less than thirty-two (32) gallons, with a tight-fitting cover, and
in all events of a size sufficient to contain all of the garbage
that may accumulate at such place between the times when the same
may be removed, and such cover shall be kept securely fastened
upon such receptacle while containing garbage, except when garbage
is being placed therein or removed therefrom.
All rubbish, recyclable discards, and greenwaste accumulated
at any dwelling, business, or construction site or any other place
where there is an accumulation of such material, shall be kept
upon the premises in suitable containers, as designated by the
Director of Public Services for each category of material, of
capacity or number of containers sufficient to individually
contain all of the materials that may accumulate at such place
between the times when the same may be removed according to the
schedule designated by. the Director of Public Services.
8.24.030. Removal of garbage, rubbish, recyclable discards,
and greenwaste - Construction of containers for
removal.
A. All garbage, rubbish, recyclable discards, and
greenwaste shall be removed and conveyed by the City Collector.
No person other than the City Collector shall remove the same from
any premises or convey the same upon the streets of San
Bernardino.
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B. All garbage, rubbish, recyclable discards, and
greenwaste shall be transported in metal-lined containers that are
water proof and so constructed as to prevent any garbage, rubbish,
recyclable discards, greenwaste or liquid therein from falling,
leaking, spilling or escaping therefrom and to prevent as far as
practicable the escaping of any odor therefrom. The garbage,
rubbish, recyclable discards, and greenwaste, from the point of
the last pickup to the point of unloading, shall be covered by a
tarpaulin or other suitable covering. Every truck so used for the
hauling of garbage shall be washed at least once a week and steam-
cleaned once a month and kept in a well painted condition.
C. All garbage, rubbish, recyclable discards, and
greenwaste shall be removed, conveyed and disposed of in such a
manner as not to be a nuisance, menace, or danger to public peace,
health and safety and shall be in accordance with any rules or
regulations as provided by the board of health.
8.24.040. Burying of garbage - Restrictions.
It is unlawful for any person to bury garbage within two
hundred feet of a dwelling house, restaurant or other structure or
building occupied as a residence or otherwise; and provided
further, that the garbage so buried shall not become a menace to
public health or offensive by reason of any odors arising
therefrom; and provided further, that the garbage shall be so
buried as not to become accessible to dogs, cats or other animals.
8.24.050. Burning garbage, rubbish, recyclable discards, or
greenwaste - Restrictions.
It is unlawful to burn any garbage, rubbish, recyclable
discards, or greenwaste in the City unless such burning is
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conducted in a properly built sanitary incinerator meeting all
federal, state, and local air emissions regulations.
8.24.060. Substances prohibited in garbage and greenwaste.
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No glass, paper, plastic, razor blades, metal, chemicals or
other substances rendering such garbage or greenwaste unfit for
the consumption of animals or production of soil amendments or
compost shall be mixed therewith.
8.24.070. Collection and removal of garbage, rubbish,
recyclable discards, and greenwaste - Number of
times per week.
A. All garbage, rubbish, recyclable discards, and
greenwaste shall be removed at least once each week from all
locations within the City, provided, however that any garbage
contained in any receptacle wheresoever situated in the City shall
be removed within forty-eight hours after a specific request for
the removal of the same has been made to the garbage collector by
the owner of the premises or authorized agent.
B. All garbage, rubbish, recyclable discards, and
greenwaste containers for automated collection shall be collected
from private dwellings from the street within two feet of the
front of the curb or edge of pavement in front of the dwellings
where there is a parking lane. All collections from other places
shall be from a place readily accessible to the collector and
agreeable to the board of health and the Director of Public
Services.
C. All garbage, rubbish, recyclable discards and
greenwaste collections shall be made as quietly as possible, and
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the Mayor and Common Council may fix and determine the hours for
collection.
D. It is unlawful for any person to place any garbage,
rubbish, recyclable discards, or greenwaste receptacle in any
public highway at any place or in any manner or at any time other
than as established by this chapter for the collection of garbage,
rubbish, recyclable discards, and greenwaste or to permit such
receptacle to remain therein for more than twenty-four hours.
8.24.080. Dumping garbage, rubbish, recyclable discards, or
greenwasteon another's property unlawful.
It is unlawful, except with the consent of the Mayor and
Common Council, to collect, dump or deposit any garbage, rubbish,
recyclable discards, or greenwaste upon any property located
within the City belonging to another either with or without the
consent of the owner thereof; and it is unlawful to establish or
maintain a place for dumping garbage, rubbish, recyclable
discards, or greenwaste in the City, or to collect, receive, and
dump any rubbish, recyclable discards, or greenwaste on one's own
property, save and except such rubbish as shall reasonably
accumulate upon such property in the reasonable and lawful use
thereof, without the consent of the Mayor and Common Council.
8.24.090. Permit required for removing rubbish - Exception.
It is unlawful for any person, except the City Rubbish
Collector or person having the requisite license and permit
provided for in Section 8.24.100 through 8.24.180 or 8.24.190 to
remove rubbish from any place or premises in the City or conveyor
transport the same over the public highways thereof except that
any person in the lawful possession of any property, other than a
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place of business, may collect and remove therefrom and, in a
vehicle owned or lawfully possessed by him or her, transport any
rubbish naturally accumulated upon such property so owned or
lawfully possessed by him or her.
It is unlawful for any person, except the City Garbage,
Recyclable, and Greenwaste Collector to remove garbage, recyclable
discards, and greenwaste from any place or premises in the City or
conveyor transport the same over the public highways thereof
except that any person in the lawful possession of any property,
other than a place of business, may collect and remove therefrom
and, in a vehicle owned or lawfully possessed by him or her,
transport any garbage, recyclable discards, and greenwaste
naturally accumulated upon such property so owned or lawfully
possessed by him or her.
8.24.100. Collection of pasteboard, cardboard and paper -
Baling required.
After and subj ect to the issuance of a permit by the
Director of Public Services of the City, any person may collect
and remove, or cause to be collected and removed, pasteboard,
cardboard, corrugated cardboard boxes and paper, which must also
be byproducts as defined in Section 8.24.010, from his local place
of business and transport the same in completely covered trucks
upon the public highways; provided, that such described materials
have first been pressed, and baled immediately and daily, except
on Sundays and legal hOlidays, by an approved mechanical or
hydraulic baler to a dry (twenty percent moisture) density of
twelve pounds per cubic foot. The baler shall comply with minimum
specifications therefor on file in the Department of Public
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Services and shall be located in an enclosed room or building on
his premises and operated by his employees; and such collection,
removal and transportation shall be done at least each and every
week and in accordance with the rules and regulations of the
Director of Public Services.
8.24.110. Collection of pasteboard, cardboard and
corrugated cardboard boxes - Removal semi-weekly
- Permit required.
Any person may remove at least semi-weekly pasteboard,
cardboard and corrugated cardboard boxes, which must also be
byproducts as defined in Section 8.24.010, from his local place of
business and transport at least semi-weekly the same in completely
covered vehicle upon the public highway; provided, that such
person shall first obtain a permit therefor from the Director of
Public Services and shall comply with the rules and regulations of
the Director of Public Services.
8.24.120. Definition .of pasteboard, cardboard, corrugated
cardboard boxes and paper; other combustible
material.
Such pasteboard, cardboard, corrugated cardboard boxes and
paper referred to in this chapter shall be deemed to mean
combustible material as set forth in Article 11 of the Uniform
Fire Code as adopted by the City, and such collection material
shall be performed in compliance with Article 11 thereof and with
other provisions of this chapter and law and subject to the rules
and regulations of the Director of Public Services and the Fire
Chief.
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8.24.130. rssuance of permits for removal of combustible
material.
The Director of Public Services may issue permits to
individual places of business to dispose of byproducts subject to
his rules and regulations, provided that any byproducts which are
also a combustible material as set forth in Section 8.24.120 or in
Article 11 of the Uniform Fire Code, shall be removed, stored,
transported and disposed of in compliance with Article 11 of said
Uniform Fire Code and other provisions of this chapter and law and
the rules and regulations of the Director of Public Services and
Fire Chief.
8.24.140. Private removal of garbage, rubbish, recyclable
discards, greenwaste, combustible material and
byproducts - Permit required.
Any person excepted under Section 8.24.090 through 8.24.180
who desires to operate a privately owned vehicle on the public
streets for the collection, removal, transportation or disposal of
any garbage, rubbish,-recyclable discards, greenwaste, combustible
material or byproducts must obtain a permit for such operation
from the Director of Public Services. No permit may be granted
when such vehicles are not provided with a tight cover and so
operated as to prevent offensive odors escaping therefrom and
refuse, liquids and other material from being blown, dropped or
spilled.
8.24.150. Revocation or suspension of permit.
Any permit may be revoked or suspended by the Director of
Public Services for a violation of any provision of this chapter
or the rules and regulations of the Director of Public Services or
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the Fire Chief, subj ect to a right of appeal to the Mayor and
Common Council in accordance with prescribed procedures.
8.24.160. Authority of Director of Public Services to make
rules and regulations.
The Director of Public Services shall have the authority to
make reasonable rules and regulations concerning the storage,
collection, transportation and disposal of rubbish, garbage,
recyclable discards, greenwaste, combustible material and
byproducts by private persons as he or she shall find necessary.
8.24.170. Purchase of paper stock products from nonprofit
organizations.
A. Notwithstanding any other provisions of this chapter or
Chapter 8.21 to the contrary, the Mayor and Common Council may
award a contract authorizing a paper stock company to purchase and
receive paper, pasteboard and cardboard, hereinafter in this
section called "paper stock products," from approved nonprofit
recreational, religious or charitable organizations. In the award
of the contract, the Mayor and Common Council shall require the
paper stock company to purchase at a predetermined rate any paper
stock products delivered to the paper stock company by any of said
organizations.
B. The paper stock company may receive paper stock
products only in approved drop boxes or storage containers at
designated and approved locations on open park, recreational,
religious or charitable properties and under conditions that shall
prevent the paper stock products from being scattered or
dispersed. Such paper stock company shall transport the paper
stock products in approved vehicles so covered and operated as to
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prevent the paper stock products from being scattered, blown, or
dropped therefrom.
C. The paper stock company shall have at least one
approved paper press in the City. The receiving, transportation,
pressing and possession of such paper stock products by said
pressing shall be performed in accordance with the rules and
regulations of the Director of Public Services.
8.24.180. Separation of recyclable discards and greenwaste
from garbage and rubbish.
According to designation of commercial, residential, or
other locations by the Director of Public Services as needing
separation of waste materials for the purpose of the City's
compliance with waste reduction and/or diversion mandates,
recyclable discards and greenwaste shall be separated by the
producer thereof from all other garbage and rubbish and separately
placed for collection in approved containers.
8.24.185. Term of permit for solid waste handling charges.
A. Any solid waste enterprise which is providing solid
waste handling services pursuant to the authority of Sections
49500 through 49523 of the Public Resources Code and this chapter
may continue to provide such service beyond the period of five
years set forth in Section 49520 of said Code upon and after the
granting of a permit for such services by the Mayor and Common
Council and subject to the provisions of Section 49520 of said
Code and this chapter but only if:
1. The permit is and remains in full force and
effect;
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The services of the enterprise are and continue to
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1 be in substantial compliance with any term or condition imposed
2 under such permit or as may be modified by the Mayor and Common
3 Council (and kept on file in the office of the Director of Public
4 Services of the City) and with any other applicable section of
5 this chapter;
6 3. The rates charged and the quality and frequency
7 of services are and remain in substantial compliance with Section
8 49520 of said Code, this chapter and each term and condition of
9 such permit.
10 B. Each permit shall be for a period of five years, and
11 shall terminate at the end of such period unless renewed or
12 extended by the Mayor and Common Council. The permit may be
13 terminated at any time by a thirty (30) day written notice mailed
14 to the solid waste enterprise at the address on file in the office
15 of said Director of Public Services when in the sole discretion of
16 the Mayor and Common Council it is determined that the enterprise
17 is not in substantial compliance with any term and condition of
18 the permit, Section 49520 of the Public Resources Code, or this
19 chapter, or for any other reason. The permit shall terminate
20 thirty (30) days after the mailing of the notice.
21 C. Notwi thstanding any provision herein to the
22 contrary, the amendment of Public Resources Code Sections
23 49500 through 49523 or the extension of the five (5) year
24 period under Section 49520 or other applicable law shall
25 preempt the provisions of this chapter, and any rights or
26 privileges granted hereunder shall thereupon become null and
27 void. However, the repeal of all or anyone of Sections
28 49500 through 49523 of the Health and Safety Code shall not
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affect the intent and meaning of this section and the provisions
of said sections of the Code shall be deemed to remain in effect
wi th the same language and meaning as existed on the date of
adoption of this section. /
8.24.190. Only persons with license and permit or persons
with contract to collect garbage, rubbish,
recyclable discards, or greenwaste.
A. It is unlawful for any person, firm or corporation,
except an agent or employee of the City, or a person, firm or
corporation; excepted under Sections 8.24.090 through 8.24.180, or
a person, firm or corporation possessing the requisite business
license and having obtained from the Mayor and Common Council upon
the recommendation of the Director of Public Services a permit to
collect rubbish in accordance with the rules and regulations of
the Department of Public Services as approved by the Mayor and
Common Council, or except a person, firm or corporation having a
contract awarded pursuant to Section 8.24.240, to collect, remove
or dispose of rubbish with the City; provided, that a person, firm
or corporation, having obtained said business license and permit,
may collect, remove and dispose of rubbish only from the following
locations:
1. Motels and gasoline service stations; and
2. Business, commercial and manufacturing
establishments within the business districts.
"Business, commercial and manufacturing establishments" as
used in this section means those business, commercial and
manufacturing establishments within the business districts, as
defined in Subsection B of this section, whether located inside or
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outside the City, which are being served by said person, firm or
corporation on August 28, 1967, or March 26, 1962, whichever is
earlier.
B. It is unlawful for any person, firm or corporation,
except an agent or employee of the City, or a person, firm or
corporation excepted under Sections 8.24.090 though 8.24.180, or
a person, firm or corporation possessing the requisite business
license and having obtained from the Mayor and Common Council upon
the recommendation of the Director of Public Services a permit to
collect garbage, recyclable discards, and greenwaste in accordance
with the rules and regulations of the Department of Public
Services as approved by the Mayor and Common Council, or except a
person, firm or corporation having a contract awarded pursuant to
Section 8.24.240, to collect, remove or dispose of garbage,
recyclable discards, or greenwaste with the City.
C. Business districts for the purpose of this chapter are
defined to be the following districts and land use zones:
C-l Neighborhood Commercial District
C-2 Community Commercial District
C-3 General Commercial District
C-3A Limited General Commercial District
C-4 Central Business District
C-M Commercial - Manufacturing District
M-l Light Manufacturing District
M-2 General Manufacturing District
D. The rubbish accounts of business, commercial and
manufacturing establishments which are being served by a person,
firm or corporation on August 28, 1967, may continue to be served
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by said person, firm or corporation so long as he or it is
continuously in business and complies at all times with each and
every provision of this chapter and of the rules and regulations
of the Department of Public Services. Such accounts may not be
sold, transferred or renewed and shall terminate permanently when
service is discontinued for any reason. The person, firm or
corporation desiring to continue to service the accounts shall
register in the office of the Department of Public Services and
shall provide names, addresses and other relevant data pertaining
to the accounts as may be required by the Director of Public
Services or the rules and regulations of the department wi thin
thirty days from and after August 28, 1967.
8.24.200. Approval of permit for garbage, rubbish,
recyclable discards, or greenwaste collection -
Termination of service and account.
A. No new permit for garbage, rubbish, recyclable
discards, or greenwaste collection shall be approved or issued.
A permit which is presently in full force and effect shall not be
transferred, assigned or Bold and may be summarily suspended,
restricted or revoked by the Common Council at any time for good
cause, including but not limited to violation of the rules and
regulations of the Director of Public Services or of this chapter;
provided that a notice is mailed, postage prepaid, and registered,
five (5) days prior to the time of hearing by the Director of
Public Services to the holder of the permit; and provided,
however, that the right to a notice is waived if an authorized
representative or employee of the holder is present at the time of
the hearing or if the hOlder has knowledge thereof.
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B. Notwithstanding any other provision to the contrary,
any rubbish account which is being served by a person, firm or
corporation, except an agent or employee of the City, or except a
person, firm or corporation exempted under Sections 8.24.090
through 8.24.190, or except a person, firm or corporation who has
a contract awarded pursuant to Section 8.24.240, at the time of
the effective date of this section, shall not be sold, transferred
or assigned; and each rubbish account and the service thereof
shall terminate permanently when and if service for such account
is discontinued for any reason.
8.24.210. Placement of containers and bins.
A. The City shall collect and remove from all places or
premises garbage, rubbish, recyclable discards, and greenwaste
which is contained in receptacles or containers of the type,
weight, or kind prescribed by the Director of the Department of
Public Services, except approved bins mechanically emptied, placed
along the street within two feet of the curb or edge of pavement,
where there is a parking lane in front thereof or along the alley
in the rear thereof, depending upon whether the prescribed route
is along the street or alley, except as may be otherwise permitted
by the rules of the Director of Public Services. The City shall
also collect and remove from all places or premises garbage,
rubbish, recyclable discards' and greenwaste which has been placed
for collection and which has been placed for collection and which
by reason of its character cannot practically be placed in such
receptacles. Manually emptied receptacles shall not exceed thirty
(32) two gallons in capacity and each receptacle shall not exceed
sixty (60) pounds in gross weight. Receptacles shall be free from
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rough or jagged edges or surfaces which would be likely to cause
injury to persons lifting them. An approved receptacle made of
wood, cardboard or pasteboard is subject to being collected and
discarded as rubbish.
B. No person shall place or cause to be placed any
receptacle or garbage, rubbish, recyclable discards, and
greenwaste in any public highway or alley at any place or in any
manner other than as is provided in this section, or at any time
other than on the days and time established by the Director of
Public Services for collection of garbage, rubbish, recyclable
discards, and greenwaste on the particular route. In the interest
of public safety, no person shall permit garbage, rubbish,
recyclable discards, and greenwaste receptacles to remain on or
immediately adjacent to the street or alley after seven p.m. of
the collections day. Except on days established for collection,
all garbage, rubbish, recyclable discards, and greenwaste
receptacles shall be placed out of sight from any public right-of-
way.
8.24.230. Materials prohibited from being mixed with
garbage, rubbish, recyclable discards, and
greenwaste.
No battery acid, poisonous, caustic or toxic material or
other substance capable of damaging clothing or causing injury to
the person, corrosive' or explosive material or substance,
hypodermic syringe or needle, or waste or residue containing acids
or dangerous or destructive chemicals, shall be mixed or placed
with any garbage, rubbish, recycling discards, or greenwaste which
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is to be collected, removed or disposed of by the City Collector
or other duly qualified and licensed person, firm or corporation.
8.24.240. Award of contracts for rubbish and garbage
collection - Bond required.
A. The Mayor and Common Council may, after inviting bids
therefor, award a contract or contracts for a period of not more
than five years to the lowest and best bidder or bidders for the
collection and removal of garbage andlor rubbish or any
combination of the same, said contract or contracts to be in
accordance with and subject to the terms and conditions of this
chapter.
B. All bids or proposals shall be accompanied by a
certified check or cashier's check payable to the City for an
amount in the sum of one thousand dollars ($1,000.00) or a surety
bond for a like amount, which amount may be forfeited to the City
upon failure of the bidder to enter into the contract or contracts
awarded to him.
C. The successful bidder for the collection of garbage
shall furnish a surety bond to the City in the sum of three
thousand dollars ($3,000.000). conditioned upon the faithful
performance of the contract, and the successful bidder for the
collection of rubbish shall furnish a surety bond to the City in
the sum of three thousand dollars ($3,000.000), conditioned upon
the faithful performance of the contract, and in the event that he
same bidder shall obtain both contracts, then the bidder shall
furnish a faithful performance bond to the City in the sum of five
thousand dollars ($5,000.000).
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D. The rubbish collector and lor garbage collector shall be
required to remove all rubbish and garbage to a point or points
designated by the Common Council.
E. The Mayor and Common Council may in their discretion
provide for the inclusion in the specifications and in the
contract or contracts of such other terms or conditions as they
may deem necessary or proper.
8.24.250. Fees for collection of garbage, rubbish,
recyclable discards, and greenwaste.
A. The accumulation of garbage and rubbish constitutes a
menace to the health, welfare and safety of the inhabitants of the
City, and an orderly and regular collection of garbage, rubbish,
recyclable discards, and greenwaste is necessary to meet the solid
waste reduction requirements of the California Integrated Waste
Management Act of 1989 and to prevent the spread of disease, the
creation of health menace and a fire hazard.
B. The Common Council hereby finds and determines that the
periodic collection of garbage, rubbish, recyclable discards, and
greenwaste (hereinafter sometimes referred to as "refuse") from
all residences in the City benefits all occupants of residences in
City, and therefore all occupants are made liable for the payment
to the City of such garbage, rubbish, recyclable discards, and
greenwaste collection fees as may be from time to time established
by resolution of the Mayor and Common Council.
C. All fees established by resolution of the Mayor and
Common Council for the collection and disposal of such refuse,
shall be collected by adding the same to the water bills rendered
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to customers of the San Bernardino Municipal Water Department
whenever it is possible to do so.
D. All moneys paid pursuant to the provisions of
subsection C of this section shall be applied to satisfy the debt
for the total amount of the billing rendered by the Water
Department including water, sewer and garbage, rubbish, recyclable
discards, and greenwaste and charges.
E. The fees for such refuse collection added to the water
bills shall be for the period covered by the bills, and shall be
payable at the same time and in the same manner as such bills.
F. For the purpose of subsection C and E of this section,
the "occupant" shall"be the "owner"or his "authorized agent" as
determined by the rules and regulations of the Board of Water
Commissioners.
G. Whenever it is not practicable to add such refuse fees
to the water bills, the City Administrator shall cause bills to be
rendered for such fees. A deposit may be required of any occupant
whenever, in the opinion of the City Administrator, such deposit
is necessary to insure prompt and satisfactory payment of such
refuse fees. In the event that any occupant having to his credit
a deposit for the fees shall, for any reason, discontinue such
service, the deposit shall first be applied to pay for any such
refuse fees remaining unpaid and any remaining balances of the
fees remaining unpaid and any remaining balance of the deposit
shall be refunded.
H. Any fees imposed by this section shall be a civil debt
owing to the City from the occupant of the residence where such
refuse collection service is available. In the case of multiple
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dwellings where the fees are not billed in accordance with
subsections C and F of this section, such charges shall be billed
to the landlord who shall collect the charges levied against the
occupants of the dwelling units located in the multiple dwellings
and shall transmit the amount so collected to the City. In the
event the landlord fails to collect any such charge from any
occupant, the landlord shall be liable to the City for the payment
of such charges.
I. The Mayor and Common Council shall provide by
resolution, from time to time, rates for the collection of such
refuse, and provide for the levy and collection of fees covering
such charges.
8.24.260. Extension or renewal of contract without inviting
bids.
Where a contract, as provided. in this chapter, has been
entered into between the City and a contractor, as herein defined,
and the contractor has satisfactorily performed the contract, the
Mayor and Common Council, and without inviting bids or proposals
therefor, and without giving any notice of its intention to do so,
may, either prior or after the expiration of such contract, extend
or renew the same, for terms not exceeding five years each, upon
the same conditions and provisions, or such other conditions and
provisions, including the payment of moneys, as the Mayor and
Common Council shall provide.
8.24.270. No charges or fees to be exacted except as
provided in contract.
It is unlawful for any contractor to whom a contract shall
be awarded, as herein provided, to make or exact any charge or fee
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for the collection or removal of any garbage, rubbish, recyclable
discards, or greenwaste save and except the charge or fee
specified in the contract, and the rate fixed by the contract
shall be the legal charge to be made.
8.24.280. Violation - Penalty.
Any persons, firm or corporation violating any provision of
this chapter is guilty of a misdemeanor , which upon conviction
thereof is punishable in accordance with the provisions of Section
1.12.010.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.24 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO GARBAGE AND
RUBBISH
I HEREBY CERTIFY that the foregoing Ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
day of
, 1994, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
City Clerk
The foregoing Ordinance is hereby approved this
day
of
, 1994.
Tom Minor, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
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July n. 1994