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HomeMy WebLinkAbout30--Public Works 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 . ""- 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 DAB: [Garbage. Ord] 1 July 21. 1994 4f3D I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: [Garbage.OrdJ 2 July 21. 1994 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, DAB: [Garbage.Ord] 3 July 21. 1994 prunings, discarded tree plant 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. III DAB: (Garbage.Ord] 4 July 21. 1994 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 DlIB: lGarbege.Ordl 5 July 21. 1994 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 III DAB: [Carbage.Ord] 6 July 21. 1994 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 f l 1lJ\Il: (Garbege.Ordj 7 July 21. 1994 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 DAB: lGerballe.Ord] 8 JUly 21. 1994 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. III DAB: (Garbage.Ord] 9 JuJ.y 31. 1994 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 DAB: IGarbage.Ord] 10 July 21. 1994 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 DAB: [GarbaIJe.Ord) 11 July 21. 1994 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 " 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 12 DAB: [Garbage.Ord] July 25. 1994 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 " 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 DAB: lGarbage.Ord] 13 July 25. 1994 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 DAB: [Garbage.Ord) 14 July 21. 1994 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1lAB: lGarbage.Ord] 15 July 21. 1994 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. DAB: [Garbage.Ord] 16 JUly 21. 1994 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1lAIl: (Garbal1e.Ord) 17 July 21. 1994 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 III DAB: [Garbage.Ord) 18 July 21. 1994 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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). III DAB: [Carballe.Or4] 19 July 21. 1994 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 III r t t l. DAB: [Garbage.Ord] 20 .July 21. 1994 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 DAB: [Garbage.Ord] 21 July 21. 1994 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1.12.010. III III III III III III III III III III III III III " III III III II/- III III DllIl: (Garbage.ord) 23 July 21. 1994 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 of . 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 " 24 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. BACK UP TO PAGE 3 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.