HomeMy WebLinkAbout30--Public Works
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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.
The following words, terms and phrases when used in this
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chapter shall have the meaning ascribed to them in this section.
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
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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
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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
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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 the 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.
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,
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prunings,
discarded
tree
plant
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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
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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 sui table 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 h~alth or offensive by reason of any odo~s 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 Ci ty 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.
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 wi thin 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
greenwaste .on 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 subject 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. Issuance 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, subject 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
pre~ent 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 wi:t:h 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
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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;
2.
The services of the enterprise are and continue to
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be in substantial compliance with any term or condition imposed
under such permit or as may be modified by the Mayor and Common
Council (and kept on file in the office of the Director of Public
Services of the City) and with any other applicable section of
this chapter;
3. The rates charged and the quality and frequency
of services are and remain in substantial compliance with Section
49520 of said Code, this chapter and each term and condition of
such permit.
B. Each permit shall be for a period of five years, and
shall terminate at the end of such period unless renewed or
extended by the Mayor and Common Council. The permit may be
terminated at any time by a thirty (30) day written notice mailed
to the solid waste enterprise at the address on file in the office
of said Director of Public Services when in the sole discretion of
the Mayor and Common Council it is determined that the enterprise
is not in substantial compliance with any term and condition of
the permit, Section 49520 of the Public Resources Code, or this
chapter, or for any other reason. The permit shall terminate
thirty (30) days after the mailing of the notice.
C. Notwithstanding any provision herein to the
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contrary, the amendment of Public Resources Code Sections
49500 through 49523 or the extension of the five (5) year
period under Section 49520 or other applicable law shall
preempt the provisions of this chapter, and any rights or
privileges granted hereunder shall thereupon become null and
void. However, the repeal of all or anyone of Sections
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;'Snd
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-1 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-1 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 within
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 sold 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 thrs 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 cOliect 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 wi~h
garbage, rubbish, recyclable discards, and
greenwas~e.
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 ~angerous 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 fai thful
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 andlor 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 oonditions 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 di~cards, 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
DAB: (Garbage.Ord) 22
July ~l. 1994
1 for the collection or removal of any garbage, rubbish, recyclable
2 discards, or greenwaste save and except the charge or fee
3 specified in the contract, and the rate fixed by the contract
4 shall be the legal charge to be made.
5 8.24.280. Violation - Penalty.
6 Any persons, firm or corporation violating any provision of
7 this chapter is guilty of a misdemeanor, which upon conviction
8 thereof is punishable in accordance with the provisions of Section
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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
day of
Council Members:
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
meeting thereof, held on the
, 1994, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
City Clerk
The foregoing Ordinance is hereby approved this
, 1994.
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
DAB: (Garbage.Ord)
day
Tom Minor, Mayor
Ci ty of San Bernardino
"
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JuJ.y 21. 199.
CITY OF SAN BERNARDINO
PUBLIC SERVICES DEPARTMENT
INTRA-OFFICE MEMORANDUM
To:
All council Members
Date:
August 10, 1994
Public ,ervi"e91
From:
Pat Malloy, Director of
Subject: FOLLOW UP TO AUGUST 1 COUNCIL RECYCLING REPORT
Copies: Tom Minor, Mayor; Shauna Clark, City Administrator
BACKGROUND
Currently, the Refuse Division provides residential refuse service
through a manual rear loader and an automated side loader disposal
vehicle. Service is provided to each residential account twice per
week. The Division has implemented automated side loader service
to approximately 50% of the residential customers, with the intent
to phase in service to all customers by Fall 1995. The conversion
from a two (2) person manual rear loader to a one (1) person side
loader will provide the following two (2) principal benefits to the
City: 1) An increase in efficiency resulting from a higher number
of pick up stops each vehicle can make per route; and, 2)
Conversion to automated collection will reduce the number of
employee injuries and losses resulting from workman's compensation
claims against the city.
The city currently operates 13 rear loader routes and ten (10) side
loader routes at a cost in FY 93-94 of $7,986,300.00. Upon full
implementation of automated refuse collection, the city will
operate a total of twenty-two (22) automated side loader routes to
provide twice per week residential refuse collection. This service
is provided at a monthly rate of $15.25 per month to single family
residences using one (1) 90-gallon container per household, with a
second container available at the additional cost of $10.50 per
month.
A pilot recycling program has been operational since october, 1992
in four (4) residential neighborhoods. This pilot project served
1,800 homes, or 4.5% of the total residences. The pilot consisted
of once per week removal of 90 gallons of refuse, and once per week
removal of a 90 gallon blue can for recyclables, for a total
~30
2
service level of 180 gallons. customers requiring twice per week
collection, due to higher volumes of refuse, were provided with a
second pickup of the refuse container during the pilot project.
The second collection practice was strongly discouraged by staff.
Approximately 25% of the customers within the pilot area required
the second pickup. Participation in this program was voluntary,
with 90% of the residents participating in the pilot program.
Approximately 16% of the total waste stream from these pilot areas
was diverted from the landfill.
As a result of the success of this city operated pilot program, and
similar successes industry-wide, staff proposes to expand an
enhanced pilot project to all residential customers beginning in
April, 1995. This will include collection of both commingled
recyclables and will add green material collection.
Based on the volume of materials collected and diverted in the
pilot project, the proposed recycling plan will provide for once
per week collection of recyclables, green materials such as yard
waste, and other mixed wastes. One (1) 60-gallon container will be
provided for recyclables, one (1) 60-gallon container will be
provided for green materials, and one (1) 90-gallon container will
be provided for remaining wastes. This approach provides
approximately 210 gallons of waste service per week to each
residence, or an increase of 30-gallons from that provided by
current twice per week automated collection.
DISCUSSION
As a result of questions received by the Public services Department
from the Mayor and Common Council at the August 1/ 1994 meeting,
the following information is provided.
staff investigated the costs and benefits of three (3) scenarios.
These scenarios included: 1) Existing twice per week regular refuse
collection without recycling; 2) The proposed once per week
citywide collection of commingled recyclables, green materials and
refuse; and, 3) Twice per week collection of refuse and once per
week collection of commingled recyclables and green materials.
The following table summarizes the estimated costs (detailed in
Attachment A) for Fiscal Year 1994-1995 resulting from the three
scenarios:
Current Twice Proposed Proposed
per Week Recycling and Recycling and
Refuse Once per Week Twice per Week
collection Refuse Refuse
collection Collection
Total Cost $7,091,000 $7,654,000 $8,988,000
Monthly $16.88 $18.22 $21.40
Residential
Refuse Cost
3
CURRENT TWICE PER WEEK REFUSE COLLECTION
Current operation of the twice per week automated system would
result in an operating cost of $7,091,000 for residential
collection. This is approximately $16.88 average cost per month
for all residential customers.
PROPOSED RECYCLING AND ONCE PER WEEK REFUSE COLLECTION
The proposed once per week collection of commingled recyclables,
green materials, and refuse would result in an operating cost of
$7,654,000 or approximately $18.22 average cost per month for all
residential customers.
PROPOSED RECYCLING AND TWICE PER WEEK REFUSE COLLECTION
The twice per week collection program Council requested staff to
examine, consisting of twice per week collection of refuse and once
per week collection of commingled recyclables and green materials,
would result in an operating cost of $8,988,000 or approximately
$21.40 average cost per month for all residential customers. This
scenario would require the city to expand the proposed routes from
29 to 40, and will require additional collection vehicles to
provide adequate coverage, according to refuse industry standards.
During the course of the pilot project, only 25% of the residences
required twice a week pickup of the refuse container. This
indicated to staff that 75% of the residential customers had
sufficient or excess disposal capacity. During the pilot project,
the second refuse container pick up was provided only because
residents did not have an alternative for disposal of larger than
normal amounts of green materials. The addition of the green
material container outlined in scenario 2 will mitigate this
concern. In addition, more efficient utilization of City vehicles
will occur, since the vehicles will regularly carry maximum
capacity loads rather than traditional twice per week refuse
collection. Presently under twice per week collection, the first
day of collection generally results in maximum capacity loads.
However, on the second day of collection, the vehicles collect only
60% of capacity.
An Orange county material recovery facility company was used during
the pilot project, since local material recovery facilities were
not available to the City. staff will be issuing two (2) separate
Requests for Proposal for processing services, one (1) for the
commingled recyclables and one (1) for the green materials.
Selection of vendor(s) to provide this service will be completed by
October, 1994. This RFP process will allow staff to obtain the
best overall arrangement for the City regarding processing of these
two (2) material streams and allow for development of local,
private sector capacity to process these materials.
4
A concern was raised regarding the use of automated collection
vehicles and containers in steep, hilly areas. Residential
customers located in these areas will receive semi-automated or
driver assisted handling of containers. staff anticipates
requiring one route for steep or tight locations throughout the
city.
council requested information regarding the impact on health and
safety resulting from a reduction from twice per week to once per
week collection of refuse. Staff surveyed Inland Valley cities,
Los Angeles and Riverside. In that survey (Attachment B), only two
(2) municipalities, Fontana and Colton, provide twice per week
collection. The industry standard is to provide once per week
service. No adverse health or safety issues have been noted
regarding this trend.
Participation in the curbside recycling program will continue to be
on a voluntary basis. Education and public information campaigns
will be developed in support of this new recycling program. These
campaigns will include pre-implementation announcements, workshops
and community meetings, as well as intensive customer support at
program implementation. Refuse vehicle drivers will be trained to
recognize program participation through on-going observation.
If the diversion goals established by AB 939 are not met by
voluntary compliance, the city may utilize existing sanctions.
These sanctions are contained in Chapter 8.24, section 8.24.280 of
the San Bernardino Municipal Code relating to Garbage and Rubbish.
This code section states that a violation of the Code is a
misdemeanor. Punishment may include imprisonment in the county
jail for up to six months, a $1,000.00 fine, or both.
BUDGET IMPACT
Staff anticipates use of existing reserve balances to fund revenue
shortfalls in FY 94-95 and FY 95-96 budgets. No rate increase is
projected for fiscal year 94-95. Depending upon the variables
presented above that include fluctuating market value, future
increases in landfill tipping fees, and interest rates for leases,
as well as recovery levels of materials that will determine
revenues resulting from the sale of materials, staff will request
a rate increase in fiscal year 95-96. The size of this rate
increase cannot be projected at this time.
ATTACHMENT A: Direct Service For Residential Refuse Collection and Recycling Program
Automated Side loader Once per Week. Twice per week.
Twice per week Side loader w/ Side loader w/
Recycl i ng Recyc l i n9
FY 1994-1995
PerSClfYlel $1,107,000.00 $1,470,000.00 $2,034,000.00
Materials/Services/Supplies $2,513,000.00 $2,842,000.00 $3,388,000.00
Debt Service/Equipment OUtlay $915,000.00 $1,290,000.00 $1,514,000.00
Recycling Processing Fee $0.00 $774,000.00 $774,000.00
Landfill Disposal $2,556,000.00 $1,278,000.00 $1,278,000.00
Total $7,091,000.00 $7,654,000.00 sa,988,000.00
Cost per 35,000 customers $16.88 $18.22 $21.40
FY 1995-1996
Personnel $1,162,350.00 $1,543,500.00 $2,135,700.00
Materials/Services/Supplies $2,638,650.00 $2,984,100.00 $3,557,400_00
Debt Service/Equipment Outlay $1,000,000.00 $1,750,000.00 $2,198,000.00
Recycling Processing Fee $0.00 $1,086,000.00 $1,086,000.00
landfill Disposal $2,n2,000.00 $1,386,000.00 $1,386,000.00
Total $7,573,000.00 $8,749,600.00 $10,363,100.00
Cost per 35,000 customers $18.03 $20.83 $24.67
FY 1996-1997
Persomel $1,220,467.50 $1,620,675.00 $2,242,485.00
Materials/Services/Supplies $2,770,582.50 $3,133,305.00 $3,735,270.00
Debt Service/Equipment Outlay $835,000.00 $1,585,000.00 $2,033,000.00
Recycling Processing Fee $0.00 $1,140,300.00 $1,140,300.00
Landfill Disposal $2,910,600.00 $1,455,300.00 $1,455,300.00
Total $7,736,650.00 $8,934,580.00 $10,606,355.00
Cost per 35,000 customers per month $18.42 $21.27 $25.25
FY 1997-1998
PersolYlel $1,281,490.88 $1,701,708.75 $2,354,609.25
Materials/Services/Supplies $2,909,111.63 $3,289,970_25 $3,922,033.50
Debt Service/Equipment Outlay $795,000.00 $1,545,000.00 $1,993,000.00
Recycling Processing Fee $0.00 $1,197,315.00 $1,197,315.00
Landfill Disposal $3,056,130.00 $1,528,065.00 $1,528,065.00
Total $8,041,732.50 $9,262,059.00 $10,995,022.75
Cost per 35,000 customers per month $19.15 $22.05 $26.18
FY 1998-1999
Personnel $1,345,565.42 $1,786,794.19 $2,472,339.71
Materials/Services/Supplies $3,054,567.21 $3,454,468.76 $4,118,135.18
Debt Service/Equipment Outlay $772,000.00 $1,522,000.00 $1,970,000.00
Recycling Processing Fee $0.00 $1,257,180.75 $1,257,180.75
landfill Disposal $3,208,936.50 $1,604,468.25 $1,604,468.25
Total $8,381,069.13 $9,624,911.95 $11,422,123.89
Cost per 35,0000 customers per mont $19.95 $22.92 $27.20
FY 1999-2000
Persornel $1,412,843.69 $1,876,133.90 $2,595,956.70
Materials/Services/Supplies $3,207,295.57 $3,627,192.20 $4,324,041 .93
Debt Service/Equipment OUtlay $619,000.00 $1,369,000.00 $1,617,000.00
Recycling Processing Fee $0.00 $1,320,039.79 $1,320,039.79
Landfill Disposal $3,369,383.33 $1,684,691.66 $1,684,691.66
Total $8,608,522.58 $9,877,057.55 $11,741,730.08
Cost per 35,000 customers per month $20.50 $23_52 $27.96
FY 2000-2001
PersOfY\el $1,483,485.87 $1,969,940.59 $2,725,754.53
Materials/Services/Supplies $3,367,660.34 $3,808,551.81 $4,540,244.03
Oebt Service/Equipment Outlay $619,000.00 $1,369,000.00 $1,817,000.00
RecYCling Processing Fee $0.00 $1,386,041.78 $1,386,041.78
Landfill Disposal $3,537,852.49 $1,768,926.25 $1,768,926.25
Total $9,007,998.71 $10,302,460.42 $12,237,966.59
Cost per 35,000 customers per month $21.45 $24.53 $29.14
ATTACHMENT A: Direct Service For Residential Refuse Collection and Recycling Program
Automated Side Loader Once per \,leek. Twice per week.
Twice per week. Side Loader w/ Side Loader w/
Recycl i ng Recycl i ng
FY 2001-2002
PersOfVle 1 $1,557,660.17 $2,068,437.62 $2,862,042.26
Materials/Services/Supplies $3,536,043.36 $3,998,979.40 $4,767,256.23
Debt Service/Equipment Outlay $527,000.00 $902,000.00 $1,126,000.00
Recycling Processing Fee $0.00 $1,455,343.87 $1,455,343.87
Landfill Disposal $3,714,745.12 $1,857,372.56 $1,857,372.56
Total $9,335,448.65 $10,282,133.45 $12,068,014.92
Cost per 35,000 customers per month $22.23 $24.48 $28.73
FY 2002.2003
persomel $1,635,543.18 $2,171,859.50 $3,005,144.37
Materials/Services/Supplies $3,712,845.53 $4,198,928.37 $5,005,619.04
Debt Service/Equipment Outlay $334,000.00 $334,000.00 $334,000.00
Recycling Processing Fee $0.00 $1,528,111.06 $1,528,111.06
Landfill Disposal $3,900,482.37 $1,950,241.19 $1,950,241. 19
Total $9,582,871.08 $10,183,140.12 $11,823,115.66
Cost per 35,000 customers per month $22.82 $24.25 $28.15
FY 2003-2004
Persomel $1,717,320.34 $2,280,452.48 $3,155,401.59
Materials/Services/Supplies $3,898,487.81 $4,408,874.79 $5,255,900.00
Debt Service/Equipment Outlay $452,000.00 $452,000.00 $452,000.00
Recycling Processing Fee $0.00 $1,604,516.61 $1,604,516.61
Landf; II Disposal $4,095,506.49 $2,047,753.25 $2,047,753.25
Total $10,163,314.63 $10,793,597.12 $12,515,571.44
Cost per 35,000 customers per month $24.20 $25.70 $29.80
Total Cost 585,521,607.27 $95,663,539.61 $112,761,000.33
ATTACHMENT 8
S.8. COUNTY
AGENCY FREQUENCY OF REFUSE SERVICE
GRAND TERRACE Ix
FONTANA 2x
LOMA LINDA Ix
COLTON 2x
HIGHLAND Ix
RIALTO Ix
RED LANDS Ix
YUCAIPA Ix
CHINO Ix
MONTCLAIR Ix
RANCHO CUCAMONGA Ix
UPLAND Ix
ORANGE COUNTY
AGENCY FREQUENCY OF REFUSE SERVICE
ANAHEIM Ix
GARDEN GROVE Ix
FULLERTON Ix
HUNTINGTON BEACH Ix
BUENA PARK Ix
BREA Ix
PLACENTIA Ix
WESTMINISTER Ix
SANTA ANA Ix
RIVERSIDE COUNTY
AGENCY FREQUENCY OF REFUSE SERVICE
RIVERSIDE Ix
.
MORENO V ALLEY Ix
CORONA Ix
L.A. COUNTY
AGENCY FREQUENCY OF REFUSE SERVICE
PASADENA Ix
LOS ANGELES Ix
GLENDALE Ix
BEVERLY HILLS Ix
LONG BEACH Ix
2
BACK UP SUPPORT TO COST ANALYSIS
For the purpose of analysis, the following assumptions were made:
Number of residential accounts is 35,000. Total tons of
residential waste is 72,000 tons per year. Landfill tipping fee is
$35.50 and was projected in FY95-96 at $38.50. Cost for processing
recyclables is $35.00 per ton, less $15.00 per ton for sale of
recyclables for a net of $20.00 per ton. Cost of processing green
materials is $15.00 per ton. Personnel, Material/Services/
Supplies, Recycling Processing Fee and Landfill Disposal Costs were
projected forward from FY95-96 at a 5% increase. Debt Service and
Equipment/Outlay is projected lease payments for necessary
equipment.
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The scenarios have been adjusted to present known values. Several
factors will affect the actual costs and revenue resulting from the
implementation of a curbside recycling program. These factors are:
1) fluctuations in the market price paid for the individual
materials collected in the recycling program; 2) actual distance
to a City selected material processor; 3) future increases in
disposal tipping fees by the County of San Bernardino; 4)
increases or decreases in interest rates as applied to proposed
equipment leases; and, 5) delivery schedule of equipment. These
factors cannot be forecast by staff, and will have an effect on the
costs associated with these three scenarios and with previously
submitted and proposed budget estimates.