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HomeMy WebLinkAbout42- Public Services A V OF ,AID liftK AIL ANU — Ke%4uEb-1- FOR COUNGiL. AQT1. From: Pat Malloy, Director Subject: Citywide Refuse and Recycl i ng Pry Dept: Public Services Date: 7/12/94 t.:. Synopsis of Previous Council action: 03/02/92 Resolution 92-83 adopting the SRRE and HHWE. 09/09/92 Resolution 92-355 establishing a residential recycling pilot program. 03/08/93 Resolution 93-52 establishing a commercial cardboard recycling program. 09/07/93 " Resolution 93-331 establishing a cormercial greenwaste recycling program. 06/06/94 " Resolution 94-128 requesting distribution of remaining AB 939 funds (5419•,000) to San Bernardino to offset cost of recycling implementation. 06/08/94 Ways and Means Committee approval of staff recommendation to develop prograrr Recommended motion: 1. That the Proposed Citywide Recycling Program be approved in concept and that the Director of Public Services be authorized to implement this program in accordance with the implementation schedule outlined in the attached Staff Report. 2. The further reading of the ordinance be waived and it be laid over for final adoption. ture Contact person: Kevin Barnes Refuse Superintendent Phone: 5053 Supporting data attached: Executive Summary. Staff Report Ward: All Ordinance FUNDING REQUIREMENTS: Amount: Requires continuing existing refuse service rates for FY 94/95. Source: (Acct. No.) (Acct. Description) Per approved budget. Finance: Council Notes: 75-0262 Agenda Item No. TZ ar�lr.r : EXECUTIVE SUNNARY BACKGROUND In 1989, the California Legislature enacted the "California Integrated Waste Management Act", AB 939. The intent of AB 939 was to reduce the amount of solid waste being disposed in California by requiring every City to divert 25 and 50 percent of all solid waste from landfills by January 1, 1995 and 2000, respectively. In order to comply with this Act, the City completed its Source Reduction and Recycling Element (SRRE) in March 1992. Included in the goals of the SRRE were first, to construct a Material Recovery Facility (MRF) and second, to, implement a green waste recovery program. DISCUSSION Since adoption of the SRRE, several legislative changes have been made to AB 9391 and, staff reports addressing the changes will be brought before Council in August 1994. These legislative changes provided an opportunity to revise the, City's recycling plan for a lower cost system. The greenwaste recovery prograsit. has been shifted to 1995 and the construction of a MRF has been deferred to at least 2000. This revision will defer the expenditure of approximately $20 million for the construction of a MRF, until the year 1999/2000. The Refuse Division recently completed a successful pilot recycling program in four (4) community neighborhoods. Sixteen percent of the refuse collected was diverted from the landfill. Staff recommends that the City begin a Citywide recycling program, in order to meet the 1995, 25% diversion mandate. The initial cost to implement and operate this program, $2,530,920 is included in this years adopted budget. Annual costs for the next four (4) years are estimated to be $2,330,000. Similar to the pilot program, a new three (3) container weekly collection program will consist of refuse, recyclable material and greenwaste collected once a week. This is a change from the twice a week manual pickup schedule. Staff is preparing schedules to implement the program in phases, beginning in April of 1995 and becoming fully operational by fall of 1995. IMPLEMENTATION To implement this program, the following actions should be taken: o Amend the Garbage and Rubbish section of the Municipal Code to include provisions for recycling. o Adopt a letter of addendum to the SRRE. o Adopt the Non Disposal Facility Element (NDFE) . o Adopt a new rate resolution (does not involve a rate increase) . o Purchase new refuse and recycling containers and automated refuse and recycling trucks. o Select processing and material handling outlets for mixed recyclables and greenwaste. o Re-classify Refuse Division employees to accommodate new recycling collection assignments (no new positions will be added) . o Design and construct an intermediate loading center for recyclables at the City Service Center (City Yard) . o Present an implementation schedule and plan for commercial and industrial recycling. A detailed implementation schedule is included in the attached staff report. PM: REFUSE: CC Report Citywide Recycling STAFF REPORT '= CITYWIDE RECYCLING PROGRAM BACKGROUND To preserve the environment and to conserve landfill space, the California Integrated Waste Management Act of 1989 (AB 939) requires cities and counties to reduce solid waste disposal 25% by the year 1995 and 50% by the year 2000. AB 939 also requires.- a planning document, Source Reduction and Recycling Element (SRRE) , to examine the waste stream, evaluate possible reduction methods and to describe the City's programs for meeting waste ' reduction goals. San Bernardino adopted an SRRE in 1992 . Subsequently, AB 2494 changed the way AB 939 waste reduction efforts are measured. Rather than report all recycling amounts, AB 2494 establishes a 1995 landfill quota through an economic growth formula applied to 1990 tonnage. Also, Assembly Bill 3001 will require a new planning document, Non Disposal Facility Element (NDFE) , to show where materials would be sent other than to landfills. Staff has prepared this element and the document is currently being reviewed by the Solid Waste Advisory Task Force (SWATF) . This document will be brought to Council for adoption in August through a Public Hearing process. Due to these legislative changes, the City will need to amend the SRRE. Rather than require a complete revision of the SRRE prior to implementation of the programs for 1995, the California Integrated Waste Management Board (CIWMB) will accept a letter of addendum with a copy of the adopted SRRE and NDFE by 8/31/94. Staff has taken this opportunity to move the lower cost greenwaste recycling program to 1995, ahead of the development of the Material Recovery Facility (MRF) as originally adopted by Council in the SRRE. This program shift will defer initial MRF construction costs of approximately $20, 000, 000 to 1999/2000. The letter ammending the SRRE will be submitted for Common Council's approval along with adoption of the NDFE in August 1994 . MAKEUP OF THE SOLID WASTE STREAM In order to plan an effective recycling program, staff considered the makeup of the waste stream including various recyclable materials. Many Americans think of newspaper, bottles, and cans as recyclables. However, these "traditional" recyclables make up only 12% of most cities' waste stream. In order to create an effective recycling program, it is important to provide a system for "nontraditional" recyclables such as boxes, magazines, junk mail, plastics, etc. These materials make up approximately 35% of the waste stream; and, yard trimmings and grass (greenwaste) make up approximately 20%, depending on the season (Figure 1 attached) . CITYWIDE RECYCLING PROGRAM 2 Another key consideration for recycling is material value. "Traditional" recyclables have historically been recycled according to their value and demand. Although staff has identified non traditional recyclables in the waste stream, their market value is relatively low. The approximate value of all recyclables was calculated according to the worth of each item and the amount of space taken in the waste stream. These dollar values were compared to the material volumes identified in Figure 2, attached. The total value for non-traditional recyclables demonstrates that there is "no gold in garbage" . Nevertheless, a large variety of low value materials must be recycled in order to meet the 25% and 50% waste reduction mandate. It is also important to note that, the net cost of recycling non-traditional recyclable material will offset landfill disposal costs. DIVERSION SYSTEMS CONSIDERED Once staff determined which materials needed to be targeted for recycling, several alternatives were evaluated for recovering them: 1. Material Recovery Facility (MRF) - a large industrial building where waste is unloaded, sorted by people and machines, and then shipped for recycling or disposal. A MRF would add approximately $4 per month to household refuse bills. 2 . Greenwaste Collection - collection of grass and yard trimmings requires a large parcel for unloading, shredding, and composting. A market is necessary for large quantities of finished compost. San Bernardino could produce enough compost material to cover a ten (10) acre garden with one (1) foot of material per year. 3 . Recyclable Collection - Three (3) options for curbside pickup were evaluated: a. Curbsort - sorting recyclables from small baskets into compartmentalized trucks. This process is time consuming and limits the program to a small number of materials that can be collected, such as the "traditional" recyclables. b. Bag Co-collection - picking up recyclables in bluebags placed in or next to the regular refuse container. This process would require sorting the bags at a central disposal site. This would require handling all refuse material twice, and would require ongoing purchase costs for bags. rf CITYWIDE RECYCLING PROGRAM 3 c. Commingled Recycling - picking up all types of` `~ recyclables, both "traditional" and "non-traditional,'" in one large, convenient container. This process would require only sorting clean recyclables at a recycling: center. CHANGE IN STRATEGY Because local composting sites were not available at the time the SRRE was developed, the original SRRE selected the development of,: }�� ` a MRF and commingled recycling as the principle methods f meeting the 25% reduction goal in 1995. Greenwaste systems wer then planned for meeting the 50% reduction goal in 2000. I preparation to implement the City's SRRE, four potential sites were studied and a pilot program for a commingled recyclin process was conducted. During the course of this study, the State simplified the:-. greenwaste facility permitting process and local composting sites became available. A Joint Facility Siting Study, conducted by East Valley Cities, found that the development of a MRF could be postponed in favor of a lower cost greenwaste program, and continue to meet the 25% recycling goal. Subsequently, staff planned and rebudgeted for a fully automated, three-container pickup system for recyclables, greenwaste and refuse. PILOT PROGRAM The pilot recycling program was designed to collect a large variety of household recyclables. Four (4) neighborhoods, comprised of 450 homes each, were selected for the City's pilot program (Figure 3 , attached) . These neighborhoods were selected to represent all of San Bernardino and to provide summary data for the development of a citywide recycling program. The combined recyclable materials collected from these neighborhoods amounted to 16% of the waste stream, and is considered to be very successful. The following is a brief description of the education process used in the actual collection and disposal process. Recycling Program information and education were provided through several channels. Brochures explaining California's solid waste problem announcing the pilot program in advance were distributed to each household. Illustrated instructional flyers were attached to each recycling container at the time of delivery. These flyers provided a universal message for all languages and literacy levels. Newspaper announcements and the local "Inland Empire Alive" television show were also used. CITYWIDE RECYCLING PROGRAM 4 Recyclable materials are collected weekly, unloaded and transferred into shipping containers at the City yard, and then sent to a recycling plant. These materials are processed at the recycling plant and jointly marketed with materials from all over Southern California through long term, global outlets. This element is an important feature in light of the flooded material markets. It is also important to note that in order to successfully accomplish the pilot program, a recyclable collection route was substituted for the second weekly refuse pickup, as illustrated in Figure 4 , attached. CITYWIDE RECYCLING PROGRAM The City can meet the AB 939 recycling mandate by expanding its pilot recycling program to a citywide program and by adding greenwaste collection to the program. The cost of a Citywide recycling and greenwaste program has been included in the FY 94/95 budget. The cost to implement this program for the first year is estimated to be $2, 530, 920. Subsequent annual expenditures are estimated to be $2 , 330, 000, $200, 000 less than the first year. The cost to construct a intermediate loading center at the Service Center (City Yard) , will be funded solely from the first year for the program. Staff is preparing an implementation schedule which will phase in the new recycling program between April 2nd and fall of 1995. This new program will provide more service in terms of the amount of material that can be picked up per week to City residents at no additional cost this year. Similar to the pilot program, a new three (3) container weekly collection program will consist of refuse, recyclable material and greenwaste collected once a week. Each home will be provided with a standard, black 90 gallon refuse container. Each home will also receive a blue 60 gallon recycling container and a green 60 gallon greenwaste container. These containers, combined together, will provide up to 210 gallons of disposal per week, as compared to the 180 gallons currently being collected, as illustrated in Figure 5, -attached. The following benefits can be derived from this program: Reduction in fuel consumption and air pollution; elimination of Saturday pickups, thereby increasing neighborhood safety and reducing liability exposure; provisions for holiday pickup the day following the normal collection day; and ease of identification non-participating homes. Operational benefits of the program will be: Reduction in truck and equipment wear; increased equipment life and decreased maintenance costs, personalized service with smaller three part recycling routes; greater program effectiveness through improved education and monitoring. CITYWIDE RECYCLING PROGRAM 5 IMPLEMENTATION SCHEDULE August 1, 1994 Amend the Garbage and Rubbish section of the Municipal Code to include provisions for recycling. August 15, 1995 Adopt a letter of addendum to the SRRE. August 15, 1994 Adopt the Non Disposal Facility Element (NDFE) . October 3, 1994 Adopt a new rate resolution (does not involve a rate increase) . October 1994 Purchase new refuse and recycling containers and automated refuse and recycling trucks. $6, 534, 000, or $1, 176, 120 per year for seven (7) years. November 1994 Select processing and material handling outlets for mixed recyclables and greenwaste. $1, 063, 000 annually January 1995 Re-classify Refuse Division employees to accommodate new refuse collection assignments (no new positions will be added) . $91,800 annually January 1995 Design and construct an intermediate loading center for recyclables at the City Service Center (City Yard) . $200, 000 first year cost only April 1995 Begin phased implementation of Citywide recycling. July 1995 Present an implementation schedule and plan for commercial and industrial recycling. e PM: Refuse: CC Report Citywide Recycling � x U O � w if N Ono* es Y *ONO 0 f+1 N S z -- V� QQ O v _ 5 o �t ULL N� mmon PDWBcL — U cat U vo y-- 0 a� o � a� - P+DOCPDJ LU moo wnL*mW N S C� O Oct O w 6w o M rww YI�M ffim ' y ItlE M 1r 0 rww ar Y m�MrNro WARM MI1 rw N ADM"W 1f ow ON-M MOOMOf Of OON'N O li. .--ALmlINN. RE IDE fflAl.. RECYCLING, PILOT PROGRAM AREA' - nrwv�.NO�r - owP�aE t9n4 JULY IC04 AREA-A anirw NO AREA-:B ® AREASC Lo AREAsQ Lo LL �U W Q r� a +DwwT `ww W< a OM ST W ORvE to ST ^7TN FG4AN0 AVE % ..�..n Lj gE s ve AC C ST EASE LIE ST <' A e � FKUT}LL ELVD I _ no a RALTO AVE I < W � MLL ST m .w. I v a a a eNOW SAN BEFNAFUNU •' o� �AUTO CENTER AVE` a §aUa oa EoeEwdoo o HOSMALITY LN z � < w 2 # .n�N a_ � .j R Recycle- -- Lets Cut Waste i n Ha .� Recycle These Items i Do Not Recycle clothing ' Old c Class)Sri i These Items and Bottles i I Magazines 1 Phone Books plastic Phone Catalogs 1 Waxed Boxes Napkins,etc. 8onks � 1 G 1 Plutic Wrappen 1 1 Am9. Boles Junk Mail 1 •;,... Newspapers food New �t �• 1 Waste Paper Tubes 1 1 Pottery and Tin Cant Paper Bags 1 Ceramics Aluminum Cans 1 Gast Clippings 1 All Other Refuse i 1 Clean i Dirty 1 i - 1 1 - 1 Y 1 i x 1 1 1 1 Monday Thursday is Recycle day 1 is Refuse day FIGURE 4 rr� NEW ECYCLWG COLLECTION TEM ONCE PER WEEK All Other/Dirty Refuse Clean Recyclables Greenwaste + = 210 GALLONS 60 gal. 60 gal. 90 gal. CURRENT COLLECTION SYSTEM TWICE PER _ REFUSE ONLY = 180 GALLONS 1ST DAY 2ND DAY NEW RECYCLING PROGRAM PROVIDES 30 GALLONS MORE FOR THE SAME FEE. FIGURE 5 CITY OF SAN BERNARDINO PUBLIC SERVICES DEPARTMENT INTRA-OFFICE MEMORANDUM To: All Council Members , From: Pat Malloy, Director of Public Services Date: August 10, 1994 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 a 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 4-,-� 0 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 "S 3 CURRENT TWICE PER WEER 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 WEER 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 WEER 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. -REP- 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/ Recycling Recycling FY 1994-1995 Personnel $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 ST74,000.00 5774,000.00 Landfill Disposal 52,556,000.00 $1,278,000.00 $1,278,000.00 Total 57,091,000.00 57,654,000.00 58,988,000.00 Cost per 35,000 customers $16.88 $18.22 521.40 FY 1995-1996 Personnel 51,162,350.00 $1,543,500.00 52,135,700.00 Materials/Services/Supplies 52,638,650.00 52,984,100.00 53,557,400.00 Debt Service/Equipment Outlay 51,000,000.00 $1,750,000.00 $2,198,000.00 Recycling Processing Fee $0.00 51,086,000.00 51,086,000.00 Landfill Disposal $2,772,000.00 51,386,000.00 51,386,000.00 Total $7,573,000.00 $8,749,600.00 $10,363,100.00 Cost per 35,000 customers $18.03 $20.83 524.67 FY 1996-1997 Personnel $1,220,467.50 51,620,675.00 $2,242,485.00 Materials/Services/Supplies $2,770,582.50 53,133,305.00 53,735,270.00 Debt Service/Equipment Outlay 5835,000.00 $1,585,000.00 $2,033,000.00 Recycling Processing Fee $0.00 51,140,300.00 $1,140,300.00 Landfill Disposal $2,910,600.00 51,455,300.00 $1,455,300.00 Total $7,736,650.00 $8,934,580.00 510,606,355.00 Cost per 35,000 customers per month $18.42 $21.27 $25.25 FY 1997-1998 Personnel $1,281,490.88 $1,701,708.75 $2,354,609.25 Materials/Services/Supplies $2,909,111.63 $3,289,970.25 53,922,033.50 Debt Service/Equipment Outlay $795,000.00 51,545,000.00 $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 58,041,732.50 $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 53,054,567.21 53,454,468.76 $4,118,135.18 Debt Service/Equipment Outlay 5772,000.00 $1,522,000.00 $1,970,000.00 Recycling Processing Fee $0.00 $1,257,180.75 $1,257,180.75 Landfill Disposal 53,208,936.50 $1,604,468.25 $1,604,468.25 Total $8,381,069.13 59,624,911.95 511,422,123.89 Cost per 35,0000 customers per mont $19.95 $22.92 527.20 FY 1999-2000 Personnel $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 $1,817,000.00 Recycling Processing Fee $0.00 $1,320,039.79 $1,320,039.79 Landfill Disposal $3,369,383.33 51,684,691.66 $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 Personnel $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 Debt Service/Equipment Outlay $619,000.00 51,369,000.00 $1,817,000.00 Recycling Processing Fee $0.00 $1,386,041.78 $1,386,041.78 Landfill Disposal 53,537,852.49 51,768,926.25 $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 Week Twice per week Twice per week Side Loader w/ Side Loader w/ Recycling Recycling FY 2001-2002 Personnel $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 522.23 $24.48 $28.73 FY 2002-2003 Personnel $1,635,543.18 $2,171,859.50 53,005,144.37 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 50.00 $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 $10,183,140.12 511,823,115.66 Cost per 35,000 customers per month $22.82 $24.25 $28.15 FY 2003-2004 Personnel $1,717,320.34 $2,280,452.48 53,155,401.59 Materials/Services/Supplies $3,898,487.81 $4,408,874.79 $5,255,900.00 Debt Service/Equipment Outlay 5452,000.00 $452,000.00 $452,000.00 Recycling Processing Fee $0.00 $1,604,516.61 $1,604,516.61 Landfill 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 $85,521,607.27 $95,663,539.61 $112,761,000.33 ATTACHMENT B S.B. COUNTY AGENCY FREQUENCY OF REFUSE SERVICE GRAND TERRACE Ix FONTANA 2x LOMA LINDA Ix COLTON 2x HIGHLAND Ix RIALTO Ix REDLANDS Ix YUCAIPA Ix CHINO Ix MONTCLAIR Ix RANCHO CUCAMONGA Ix UPLAND Ix i ORANGE COUNTY AGENCY FREQUENCY OF REFUSE SERVICE ANAHEIM Ix GARDEN GROVE Ix FULLERTON Ix HUNTINGTON BEACH Ix 6 BUENA PARK Ix BREA Ix I PLACENTIA Ix WESTMINISTER Ix SANTA ANA Ix 1 RIVERSIDE COUNT. AGENCY FREQUENCY OF REFUSE SERVICE RIVERSIDE 1 x MORENO VALLEY lx CORONA lx L.A. COUNTY AGENCY FREQUENCY OF REFUSE SERVICE PASADENA Ix LOS ANGELES Ix GLENDALE lx BEVERLY HILLS Ix ! LONGBEACH lx ! ! ! I ! ! I I 2 I 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. 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.24 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO GARBAGE AND 3 RUBBISH 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 5 6 SECTION 1. Chapter 8.24 of the San Bernardino Municipal 7 Code is hereby amended to read as follows: 8 "8.24.010. Definitions. 9 The following words, terms and phrases when used in this 10 chapter shall have the meaning ascribed to them in this section. 11 The singular number shall include the plural. 12 A. "Byproducts" means and includes: 13 1. All materials produced, developed or generated 14 incidental to the operation of any business, which is not the 15 principal object of production of such business, but which 16 material, due to its nature, can be sold by the producer thereof 17 at a price greater than the cost of hauling such material to the 18 point of delivery or sale; 19 2. All material which, due to its nature, can be sold 20 by the producer thereof, at the point of production, for valuable 21 consideration; and 22 3. All such materials as the Common Council, by 23 resolution, designates as byproducts. 24 B. "Garbage" means and includes table refuse, swill, and 25 offal, and every accumulation of animal, vegetable and other 26 matter that attends the preparation, consumption, decay or dealing 27 in or storage of meat, fish, fowl, fruit and includes all animal 28 and vegetable refuse from kitchens and all household waste that DAB:[Garbage.Ord] 1 July 21. 1994 �3� 1 has been prepared from or intended to be used as food, or has 2 resulted from the preparation of food and also includes all 3 vegetable trimmings from markets or stores. Articles and things 4 not hereinbefore enumerated are not included in the term 5 "garbage" : dead animals over five pounds in weight, dish or waste 6 water, paper and other combustible or inflammable material, 7 crockery, glass, cans, tins, ashes, wire and sweepings and like g materials. 9 C. "Garbage Collector" means an agent or employee of the 10 City or employees thereof, licensed by contract or permit, to 11 collect and transport garbage in the City. 12 D. "Occupant" means and includes every owner of, and every 13 tenant or person who is in possession of, is the inhabitant of, or 14 has care and control of, an inhabited residence. For the purpose 15 of this definition, a residence shall be presumed to be inhabited 16 if water service is being furnished thereto. 17 E. "Person" includes any individual, firm, co-partnership, 18 corporation or association. 19 F. "Residence" means any and all dwelling units, as 20 defined in the "Land Use Zoning Ordinance" of the City of San 21 Bernardino, and other building used for residential or dwelling 22 purposes. 23 G. "Rubbish" includes but is not limited to nonhazardous 24 waste materials not included in the terms "garbage", "byproducts", 25 "recyclable discards", or "greenwaste", swill, earth, sand, clay, 26 gravel, loam, manure, or stone. 27 H. "Rubbish Collector" means an agent or employee of the 28 City or any person, firm or corporation or association, or the DAB:[Garbage.0rd] 2 July 21, 1994 I agents or employees thereof, licensed by contract or permit, to 2 collect and transport rubbish in the City. (Ord. 2845 (part), 3 1967: Ord. 1968 S 1, 1943. ) 4 1. "Recyclable discards" means paper, books, magazines, 5 boxes, wrappers, various types of plastic, metal, glass, 6 packaging, textiles, household and business articles, appliances, 7 electronics, furniture, business fixtures, and tires and such 8 materials as listed by the Director of Public Services as 9 recyclable discards. Recyclable discards shall be material 10 designated as recyclable by the Director of Public Services which, 11 due to their nature, are discarded by the producer thereof. 12 Material included in the term "byproducts" may be included in 13 "recyclable discards" by virtue of being discarded for pickup by 14 the City's recyclable collector. 15 J. "Greenwaste". means grass cuttings, prunings, tree 16 branches, leaves, wood, sawdust, and other discarded plant 17 material. 18 K. "Recyclable Collector" means an agent or employee of 19 the City or any person, firm or corporation or association, or the 20 agents or employees thereof, licensed by contract or permit, to 21 collect and transport recyclable discards in the City. 22 L. "Greenwaste Collector" means an agent or employee of 23 the City or any person, firm or corporation or association, or the 24 agents or employees thereof, licensed by contract or permit, to 25 collect and transport greenwaste in the City. 26 8.24.020. Container requirements. 27 All garbage accumulated at any private dwelling, boarding 28 house, restaurant, hotel, eating house, market, grocery store, DAB:[Garbage.Ord] 3 July 21, 1994 1 fruit store, or stores selling fruits and vegetables, or any other 2 place where there is an accumulation of garbage, shall be kept 3 upon the premises in containers, as approved by the board of 4 health and the Director of Public Services, of a capacity of not 5 less than thirty-two (32) gallons, with a tight-fitting cover, and 6 in all events of a size sufficient to contain all of the garbage 7 that may accumulate at such place between the times when the same 8 may be removed, and such cover shall be kept securely fastened g upon such receptacle while containing garbage, except when garbage 10 is being placed therein or removed therefrom. 11 All rubbish, recyclable discards, and greenwaste accumulated 12 at any dwelling, business, or construction site or any other place 13 where there is an accumulation of such material, shall be kept 14 upon the premises in suitable containers, as designated by the 15 Director of Public Services for each category of material, of 16 capacity or number of containers sufficient to individually 17 contain all of the materials that may accumulate at such place 18 between the times when the same may be removed according to the 19 schedule designated by the Director of Public Services. 20 8.24.030. Removal of garbage, rubbish, recyclable discards, 21 and greenwaste - Construction of containers for 22 removal. 1, 23 A. All garbage, rubbish, recyclable discards, and 24 greenwaste shall be removed and conveyed by the City Collector. 25 No person other than the City Collector shall remove the same from 26 any premises or convey the same upon the streets of San 27 Bernardino. 28 /// DAB:[Garbage.Ord] 4 July 21, 1994 1 B. All garbage, rubbish, recyclable discards, and 2 greenwaste shall be transported in metal-lined containers that are 3 water proof and so constructed as to prevent any garbage, rubbish, 4 recyclable discards, greenwaste or liquid therein from falling, 5 leaking, spilling or escaping therefrom and to prevent as far as 6 practicable the escaping of any odor therefrom. The garbage, 7 rubbish, recyclable discards, and greenwaste, from the point of 8 the last pickup to the point of unloading, shall be covered by a 9 tarpaulin or other suitable covering. Every truck so used for the 10 hauling of garbage shall be washed at least once a week and steam- 11 cleaned once a month and kept in a well painted condition. 12 C. All garbage, rubbish, recyclable discards, and 13 greenwaste shall be removed, conveyed and disposed of in such a 14 manner as not to be a nuisance, menace, or danger to public peace, 15 health and safety and shall be in accordance with any rules or 16 regulations as provided by the board of health. 17 8.24.040. Burying of garbage - Restrictions. 18 It is unlawful for any person to bury garbage within two 19 hundred feet of a dwelling house, restaurant or other structure or 20 building occupied as a residence or otherwise; and provided 21 further, that the garbage so buried shall not become a menace to 22 public health or offensive by reason of any odors arising 23 therefrom; and provided further, that the garbage shall be so 24 buried as not to become accessible to dogs, cats or other animals. 25 8.24.050. Burning garbage, rubbish, recyclable discards, or 26 greenwaste - Restrictions. 27 It is unlawful to burn any garbage, rubbish, recyclable 28 discards, or greenwaste in the City unless such burning is DAB:[Garbage.Ord] 5 July 21, 1994 i I conducted in a properly built sanitary incinerator meeting all 2 federal, state, and local air emissions regulations. 3 8.24.060. Substances prohibited in garbage and greenwaste. 4 No glass, paper, plastic, razor blades, metal, chemicals or 5 other substances rendering such garbage or greenwaste unfit for 6 the consumption of animals or production of soil amendments or 7 compost shall be mixed therewith. 8 8.24.070. Collection and removal of garbage, rubbish, 9 recyclable discards, and greenwaste - Number of 10 times per week. 11 A. All garbage, rubbish, recyclable discards, and 12 greenwaste shall be removed at least once each week from all 13 locations within the City, provided, however that any garbage 14 contained in any receptacle wheresoever situated in the City shall 15 be removed within forty-eight hours after a specific request for 16 the removal of the same has been made to the garbage collector by 17 the owner of the premises or authorized agent. 18 H. All garbage, rubbish, recyclable discards, and 19 greenwaste containers for automated collection shall be collected 20 from private dwellings from the street within two feet of the 21 front of the curb or edge of pavement in front of the dwellings 22 where there is a parking lane. All collections from other places 23 shall be from a place readily accessible to the collector and 24 agreeable to the board of health and the Director of Public 25 Services. 26 _ C. All garbage, rubbish, recyclable discards and 27 greenwaste collections shall be made as quietly as possible, and 28 /// DAB:[Garbage.Ord) 6 July 21, 1994 I the Mayor and Common Council may fix and determine the hours for 2 collection. 3 D. It is unlawful for any person to place any garbage, 4 rubbish, recyclable discards, or greenwaste receptacle in any 5 public highway at any place or in any manner or at any time other 6 than as established by this chapter for the collection of garbage, 7 rubbish, recyclable discards, and greenwaste or to permit such 8 receptacle to remain therein for more than twenty-four hours. 9 8.24.080. Dumping garbage, rubbish, recyclable discards, or 10 greenwaste .on another's property unlawful. 11 It is unlawful, except with the consent of the Mayor and 12 Common Council, to collect, dump or deposit any garbage, rubbish, 13 recyclable discards, or greenwaste upon any property located 14 within the City belonging to another either with or without the 15 consent of the owner thereof; and it is unlawful to establish or 16 maintain a place for dumping garbage, rubbish, recyclable 17 discards or greenwaste in the City, or to collect, receive, and 18 dump any rubbish, recyclable discards, or greenwaste on one's own 19 property, save and except such rubbish as shall reasonably 20 accumulate upon such property in the reasonable and lawful use 21 thereof, without the consent of the Mayor and Common Council. 22 8.24.090. Permit required for removing rubbish -'Exception. 23 It is unlawful for any person, except the City Rubbish 24 Collector or person having the requisite license and permit 25 provided for in Section 8.24.100 through 8.24.180 or 8.24.190 to s t 26 remove rubbish from any place or premises in the City or convey or 27 transport the same over the public highways thereof except that 28 any person in the lawful possession of any property, other than a DAB:[Garbage.Ord] 7 July 21, 1994 r I place of business, may collect and remove therefrom and, in a 2 vehicle owned or lawfully possessed by him or her, transport any 3 rubbish naturally accumulated upon such property so owned or 4 lawfully possessed by him or her. 5 It is unlawful for any person, except the City Garbage, 6 Recyclable, and Greenwaste Collector to remove garbage, recyclable 7 discards, and greenwaste from any place or premises in the City or 8 convey or transport the same over the public highways thereof 9 except that any person in the lawful possession of any property, 10 other than a place of business, may collect and remove therefrom 11 and, in a vehicle owned or lawfully possessed by him or her, 12 transport any garbage, recyclable discards, and greenwaste 13 naturally accumulated upon such property so owned or lawfully 14 Possessed by him or her. 15 8.24.100. Collection of pasteboard, cardboard and paper - 16 Baling required. 17 After and subject to the issuance of a permit by the 18 Director of Public Services of the City, any person may collect 19 and remove, or cause to be collected and removed, pasteboard, 20 cardboard, corrugated cardboard boxes and paper, which must also 21 be byproducts as defined in Section 8.24.010, from his local place 22 of business and transport the same in completely covered trucks 23 upon the public highways; provided, that such described materials 24 have first been pressed, and baled immediately and daily, except 25 on Sundays and legal holidays, by an approved mechanical or 26 hydraulic baler to a dry (twenty percent moisture) density of ' 27 twelve pounds per cubic foot. The baler shall comply with minimum 28 specifications therefor on file in the Department of Public DAB:[Garbage.Ordj 8 July 21, 1994 1 Services and shall be located in an enclosed room or building on 2 his premises and operated by his employees; and such collection, 3 removal and transportation shall be done at least each and every 4 week and in accordance with the rules and regulations of the 5 Director of Public Services. 6 8.24.110. Collection of pasteboard, cardboard and 7 corrugated cardboard boxes - Removal semi-weekly 8 - Permit required. 9 Any person may remove at least semi-weekly pasteboard, 10 cardboard and corrugated cardboard boxes, which must also be 11 byproducts as defined in Section 8.24.010, from his local place of 12 business and transport at least semi-weekly the same in completely 13 covered vehicle upon the public highway; provided, that such 14 person shall first obtain a permit therefor from the Director of 15 Public Services and shall comply with the rules and regulations of 16 the Director of Public Services. 17 8.24.120. Definition .of pasteboard, cardboard, corrugated 18 cardboard boxes and paper; other combustible 19 material. 20 Such pasteboard, cardboard, corrugated cardboard boxes and 21 paper referred to in this chapter shall be deemed to mean 22 combustible material as set forth in Article 11 of the Uniform 23 Fire Code as adopted by the City, and such collection material 24 shall be performed in compliance with Article 11 thereof and with 25 other provisions of this chapter and law and subject to the rules 26 and -regulations of the Director of Public Services and the Fire . 27 Chief. 28 /// DAB:(Garbage.Ord] 9 July 21, 1994 1 8.24.130. Issuance of permits for removal of combustible 2 material. 3 The Director of Public Services may issue permits to 4 individual places of business to dispose of byproducts subject to B 5 his rules and regulations, provided that any byproducts which are 6 also a combustible material as set forth in Section 8.24.120 or in B 7 Article 11 of the Uniform Fire Code, shall be removed, stored, 8 transported and disposed of in compliance with Article 11 of said 9 Uniform Fire Code and other provisions of this chapter and law and 10 the rules and regulations of the Director of Public Services and 11 Fire Chief. 12 8.24.140. Private removal of garbage, rubbish, recyclable 13 discards, greenwaste, combustible material and 14 byproducts - Permit required. 15 Any Person excepted under Section 8.24.090 through 8.24.180 16 who desires to operate a privately owned vehicle on the public 17 streets for the collection, removal, transportation or disposal of 18 any garbage, rubbish, recyclable discards, greenwaste, combustible 19 material or byproducts must obtain a permit for such operation 20 from the Director of Public Services. No permit may be granted 21 when such vehicles are not provided with a tight cover and so 22 operated as to prevent offensive odors escaping therefrom and 23 refuse, liquids and other material from being blown, dropped or 24 spilled. 25 8.24.150. Revocation or suspension of permit. 26 Any permit may be revoked or suspended by the Director of ' 27 Public Services for a violation of any provision of this chapter 28 or the rules and regulations of the Director of Public Services or DAB:[Garbage.Ord] 10 July 21, 1994 j the Fire Chief, subject to a right of appeal to the Mayor and 2 Common Council in accordance with prescribed procedures. 3 8.24.160. Authority of Director of Public Services to make 4 rules and regulations. 5 The Director of Public Services shall have the authority to 6 make reasonable rules and regulations concerning the storage, 7 collection, transportation and disposal of rubbish, garbage, 8 recyclable discards, greenwaste, combustible material and 9 byproducts by private persons as he or she shall find necessary. 10 8.24.170. Purchase of paper stock products from nonprofit 11 organizations. 12 A. Notwithstanding any other provisions of this chapter or 13 Chapter 8.21 to the contrary, the Mayor and Common Council may 14 award a contract authorizing a paper stock company to purchase and 15 receive paper, pasteboard and cardboard, hereinafter in this 16 section called "paper stock products, " from approved nonprofit 17 recreational, religious or charitable organizations. In the award 18 of the contract, the Mayor and Common Council shall require the 19 paper stock company to purchase at a predetermined rate any paper 20 stock products delivered to the paper stock company by any of said 21 organizations. 22 B. The paper stock company may receive paper stock 23 products only in approved drop boxes or storage containers at 24 designated and approved locations on open park, recreational, 25 religious or charitable properties and under conditions that shall 26 prevent the paper stock products from being scattered or 27 dispersed. Such paper stock company shall transport the paper 28 stock products in approved vehicles so covered and operated as to DAB:[Garbage.Ord] 1 1 July 21, 1994 0 1 prevent the paper stock products from being scattered, blown, or 2 dropped therefrom. 3 C. The paper stock company shall have at least one 4 approved paper press in the City. The receiving, transportation, 5 pressing and possession of such paper stock products by said 6 pressing shall be performed in accordance with the rules and 7 regulations of the Director of Public Services. 8 8.24.180. Separation of recyclable discards and greenwaste 9 from garbage and rubbish. 10 According to designation of commercial, residential, or 11 other locations by the Director of Public Services as needing 12 separation of waste materials for the purpose of the City's 13 compliance with waste reduction and/or diversion mandates, 14 recyclable discards and greenwaste shall be separated by the 15 Producer thereof from all other garbage and rubbish and separately 16 placed for collection in approved containers. 17 8.24.185. Term of permit for solid waste handling charges. 18 A. Any solid waste enterprise which is providing solid 19 waste handling services pursuant to the authority of Sections 20 49500 through 49523 of the Public Resources Code and this chapter 21 may continue to provide such service beyond the period of five 22 years set forth in Section 49520 of said Code upon and after the 23 granting of a permit for such services by the Mayor and Common 24 Council and subject to the provisions of Section 49520 of said 25 Code and this chapter but only if: 26 1. The permit is and remains in full force and 27 effect; 28 2. The services of the enterprise are and continue to DAB:[Garbage.Ord) 12 July 25, 1994 1 be in substantial compliance with any term or condition imposed 2 under such permit or as may be modified by the Mayor and Common 3 Council (and kept on file in the office of the Director of Public 4 Services of the City) and with any other applicable section of 5 this chapter; 6 3. The rates charged and the quality and frequency 7 of services are and remain in substantial compliance with Section 8 49520 of said Code, this chapter and each term and condition of 9 such permit. 10 B. Each permit shall be for a period of five years, and 11 shall terminate at the end of such period unless renewed or 12 extended by the Mayor and Common Council. The permit may be 13 terminated at any time by a thirty (30) day written notice mailed 14 to the solid waste enterprise at the address on file in the office 15 of said Director of Public Services when in the sole discretion of 16 the Mayor and Common Council it is determined that the enterprise 17 is not in substantial compliance with any term and condition of 18 the permit, Section 49520 of the Public Resources Code, or this 19 chapter, or for any other reason. The permit shall terminate 20 thirty (30) days after the mailing of the notice. 21 C. Notwithstanding any provision herein to the 22 contrary, the amendment of Public Resources Code Sections 23 49500 through 49523 or the extension of the five (5) year 24 period under Section 49520 or other applicable law shall 25 preempt the provisions of this chapter, and any rights or 26 privileges granted hereunder shall thereupon become null and 27 void. However, the repeal of all or any one of Sections 28 49500 through 49523 of the Health and Safety Code shall not DAB:[Garbage.Ord) 13 July 25, 1994 I affect the intent and meaning of this section and the provisions 2 of said sections of the Code shall be deemed to remain in effect 3 with the same language and meaning as existed on the date of 4 adoption of this section. 5 8,24.190. Only persons with license and permit or persons 6 with contract to collect garbage, rubbish, 7 recyclable discards, or greenwaste. 8 A. It is unlawful for any person, firm or corporation, 9 except an agent or employee of the City, or a person, firm or 10 corporation; excepted under Sections 8.24.090 through 8.24.180, or 11 a person, firm or corporation possessing the requisite business 12 license and having obtained from the Mayor and Common Council upon 13 the recommendation of the Director of Public Services a permit to 14 collect rubbish in accordance with the rules and regulations of 15 the Department of Public Services as approved by the Mayor and 16 Common Council, or except a person, firm or corporation having a 17 contract awarded pursuant to Section 8.24.240, to collect, remove 18 or dispose of rubbish with the City; provided, that a person, firm 19 or corporation, having obtained said business license and permit, 20 may collect, remove and dispose of rubbish only from the following 21 locations: 22 1. Motels and gasoline service stations; and 23 2. Business, commercial and manufacturing 24 establishments within the business districts. 25 "Business, commercial and manufacturing establishments" as t 26 used in this section means those business, commercial and 27 manufacturing establishments within the business districts, as 28 defined in Subsection B of this section, whether located inside or DAB:[Garbage.Ord) 14 July 21, 1994 I outside the City, which are being served by said person, firm or 2 corporation on August 28, 1967, or March 26, 1962, whichever is 3 earlier. 4 B. It is unlawful for any person, firm or corporation, 5 except an agent or employee of the City, or a person, firm or 6 corporation excepted under Sections 8.24.090 though 8.24.180, or 7 a person, firm or corporation possessing the requisite business 8 license and having obtained from the Mayor and Common Council upon 9 the recommendation of the Director of Public Services a permit to 10 collect garbage, recyclable discards, and greenwaste in accordance 11 with the rules and regulations of the Department of Public 12 Services as approved by the Mayor and Common Council, or except a 13 Person, firm or corporation having a contract awarded pursuant to 14 Section 8.24.240, to collect, remove or dispose of garbage, 15 recyclable discards, or greenwaste with the City. 16 C. Business districts for the purpose of this chapter are 17 defined to be the following districts and land use zones: 18 C-1 Neighborhood Commercial District 19 C-2 Community Commercial District 20 C-3 General Commercial District 21 C-3A Limited General Commercial District 22 C-4 Central Business District 23 C-M Commercial - Manufacturing District 24 M-1 Light Manufacturing District 25 M-2 General Manufacturing District 26 D. The rubbish accounts of business, commercial and 27 manufacturing establishments which are being served by a person, 28 firm or corporation on August 28, 1967, may continue to be served DAB:[Garbage.Ord] 15 July 21, 1994 I by said person, firm or corporation so long as he or it is 2 continuously in business and complies at all times with each and 3 every provision of this chapter and of the rules and regulations 4 of the Department of Public Services. Such accounts may not be 5 sold, transferred or renewed and shall terminate permanently when 6 service is discontinued for any reason. The..person, firm or 7 corporation desiring to continue to service the accounts shall 8 register in the office of the Department of Public Services and 9 shall provide names, addresses and other relevant data pertaining 10 to the accounts as may be required by the Director of Public 11 Services or the rules and regulations of the department within 12 thirty days from and after August 28, 1967. 13 8.24.200. Approval of permit for garbage, rubbish, 14 recyclable discards, or greenwaste collection - 15 Termination of service and account. 16 A. No new permit for garbage, rubbish, recyclable 17 discards, or greenwaste collection shall be approved or issued. 18 A permit which is presently in full force and effect shall not be 19 transferred, assigned or sold and may be summarily suspended, 20 restricted or revoked by the Common Council at any time for good 21 cause, including but not limited to violation of the rules and 22 regulations of the Director of Public Services or of this chapter; 23 provided that a notice is mailed, postage prepaid, and registered, 24 five (5) days prior to the time of hearing by the Director of 25 Public Services to the holder of the permit; and provided, 26 however, that the right to a notice is waived if an authorized 27 representative or employee of the holder is present at the time of 28 the hearing or if the holder has knowledge thereof. DAB:[Garbage.Ord] 16 July 21, 1994 I H. Notwithstanding any other provision to the contrary, 2 any rubbish account which is being served by a person, firm or 3 corporation, except an agent or employee of the City, or except a 4 person, firm or corporation exempted under Sections 8.24.090 5 through 8.24.190, or except a person, firm or corporation who has 6 a contract awarded pursuant to Section 8.24.240, at the time of 7 the effective date of this section, shall not be sold, transferred 8 or assigned; and each rubbish account and the service thereof 9 shall terminate permanently when and if service for such account 10 is discontinued for any reason. 11 8.24.210. Placement of containers and bins. 12 A. The City shall collect and remove from all places or 13 Premises garbage, rubbish, recyclable discards, and greenwaste 14 which is contained in receptacles or containers of the type weight, or kind • 15 g prescribed by the Director of the Department of 16 public Services, except approved bins mechanically emptied, placed 17 along the street within two feet of the curb or edge of pavement, 18 where there is a parking lane in front thereof or along the alley 19 in the rear thereof, depending upon whether the prescribed route 20 is along the street or alley, except as may be otherwise permitted 21 by the rules of the Director of Public Services. The City shall 22 also collect and remove from all places or premises garbage, 23 rubbish, recyclable discards and greenwaste which has been placed 24 for collection and which has been placed for collection and which 25 by reason of its character cannot practically be placed in such 26 receptacles. Manually emptied receptacles shall not exceed thirty 27 (32) two gallons in capacity and each receptacle shall not exceed 28 sixty (60) pounds in gross weight. Receptacles shall be free from DAB:[Garbage.Ord] 17 July 21, 1994 I rough or jagged edges or surfaces which would be likely to cause 2 injury to persons lifting them. An approved receptacle made of 3 wood, cardboard or pasteboard is subject to being collected and 4 discarded as rubbish. 5 B. No person shall place or cause to be ,placed any 6 receptacle or garbage, rubbish, recyclable discards, and 7 greenwaste in any public highway or alley at any place or in any 8 manner other than as is provided in this section, or at any time 9 other than on the days and time established by the Director of 10 Public Services for collection of garbage, rubbish, recyclable 11 discards, and greenwaste on the particular route. In the interest 12 of public safety, no person shall permit garbage, rubbish, 13 recyclable discards, and greenwaste receptacles to remain on or 14 immediately adjacent to the street or alley after seven p.m. of 15 the collections day. Except on days established for collection, 16 all garbage, rubbish, recyclable discards, and greenwaste 17 receptacles shall be placed out of sight from any public right-of- 18 way. 19 8.24.230. Materials prohibited from being mixed with 20 garbage, rubbish, recyclable discards, and 21 greenwaste. 22 No battery acid, poisonous, caustic or toxic material or 23 other substance capable of damaging clothing or causing injury to 24 the person, corrosive or explosive material or substance, 25 hypodermic syringe or needle, or waste or residue containing acids E t 26 or dangerous or destructive chemicals, shall be mixed or placed 27 with any garbage, rubbish, recycling discards, or greenwaste which 28 /// DAB:[Garbage.Ord) 18 July 21. 1994 1 is to be collected, removed or disposed of by the City Collector 2 or other duly qualified and licensed person, firm or corporation. 3 8.24.240. Award of contracts for rubbish and garbage 4 collection - Bond required. 5 A. The Mayor and Common Council may, after inviting bids 6 therefor, award a contract or contracts for a period of not more 7 than five years to the lowest and best bidder or bidders for the 8 collection and removal of garbage and/or rubbish or any 9 combination of the same, said contract or contracts to be in 10 accordance with and subject to the terms and conditions of this 11 chapter. 12 B. All bids or proposals shall be accompanied by a 13 certified check or cashier's check payable to the City for an 14 amount in the sum of one thousand dollars ($1,000.00) or a surety 15 bond for a like amount, which amount may be forfeited to the City 16 upon failure of the bidder to enter into the contract or contracts 17 awarded to him. 18 C. The successful bidder for the collection of garbage ig shall furnish a surety bond to the City in the sum of three 20 thousand dollars ($3,000.000), conditioned upon the faithful 21 performance of the contract, and the successful bidder for the 22 collection of rubbish shall furnish a surety bond to the City in 23 the sum of three thousand dollars ($3,000.000), conditioned upon 24 the faithful performance of the contract, and in the event that he 25 same bidder shall obtain both contracts, then the bidder shall 26 furnish a faithful performance bond to the City in the sum of five 27 thousand dollars ($5,000.000) . 28 /// DAB:[Garbage.Ord] 19 July 21, 1994 I D. The rubbish collector and/or garbage collector shall be 2 required to remove all rubbish and garbage to a point or points 3 designated by the Common Council. 4 E. The Mayor and Common Council may in their discretion 5 provide for the inclusion in the specifications and in the 6 contract or contracts of such other terms or conditions as they 7 may deem necessary or proper. 8 8.24.250. Fees for collection of garbage, rubbish, 9 recyclable discards, and greenwaste. 10 A. The accumulation of garbage and rubbish constitutes a 11 menace to the health, welfare and safety of the inhabitants of the 12 City, and an orderly and regular collection of garbage, rubbish, 13 recyclable discards, and greenwaste is necessary to meet the solid 14 waste reduction requirements of the California Integrated Waste 15 Management Act of 1989 and to prevent the spread of disease, the 16 creation of health menace and a fire hazard. EE 17 B. The Common Council hereby finds and determines that the E 18 periodic collection of garbage, rubbish, recyclable discards, and 19 greenwaste (hereinafter sometimes referred to as "refuse" ) from 20 all residences in the City benefits all occupants of residences in 21 City, and therefore all occupants are made liable for the payment 22 to the City of such garbage, rubbish, recyclable discards, and 23 greenwaste collection fees as may be from time to time established 24 by resolution of the Mayor and Common Council. 25 C. All fees established by resolution of the Mayor and L 26 Common Council for the collection and disposal of such refuse, 27 shall be collected by adding the same to the water bills rendered 28 /// DAB:[Garbage.Ord] 20 July 21. 1994 r 1 to customers of the San Bernardino Municipal Water Department 2 whenever it is possible to do so. 3 D. All moneys paid pursuant to the provisions of 4 subsection C of this section shall be applied to satisfy the debt 5 for the total amount of the billing rendered by the Water 6 Department including water, sewer and garbage, rubbish, recyclable 7 discards, and greenwaste and charges. 8 E. The fees for such refuse collection added to the water 9 bills shall be for the period covered by the bills, and shall be 10 payable at the same time and in the same manner as such bills. 11 F. For the purpose of subsection C and E of this section, 12 the "occupant" shall-be the "owner"or his "authorized agent" as 13 determined by the rules and regulations of the Board of Water 14 Commissioners. 15 G. Whenever it is not practicable to add such refuse fees 16 to the water bills, the City Administrator shall cause bills to be 17 rendered for such fees. A deposit may be required of any occupant 18 whenever, in the opinion of the City Administrator, such deposit 19 is necessary to insure prompt and satisfactory payment of such 20 refuse fees. In the event that any occupant having to his credit 21 a deposit for the fees shall, for any reason, discontinue such 22 service, the deposit shall first be applied to pay for any such 23 refuse fees remaining unpaid and any remaining balances of the 24 fees remaining unpaid and any remaining balance of the deposit 25 shall be refunded. H. Any fees imposed by this section shall be a civil debt 27 owing to the City from the occupant of the residence where such 28 refuse collection service is available. In the case of multiple DAB:[Garbage.Ord) 21 July 21. 1994 i 1 dwellings where the fees are not billed in accordance with 2 subsections C and F of this section, such charges shall be billed 3 to the landlord who shall collect the charges levied against the 4 occupants of the dwelling units located in the multiple dwellings 5 and shall transmit the amount so collected to the City. In the 6 event the landlord fails to collect any such, charge from any 7 occupant, the landlord shall be liable to the City for the payment 8 of such charges. 9 I. The Mayor and Common Council shall provide by 10 resolution, from time to time, rates for the collection of such 11 refuse, and provide for the levy and collection of fees covering 12 such charges. 13 8.24.260. Extension or renewal of contract without inviting 14 bids. 15 Where a contract, as provided in this chapter, has been 16 entered into between the City and a contractor, as herein defined, 17 and the contractor has satisfactorily performed the contract, the 18 Mayor and Common Council, and without inviting bids or proposals 19 therefor, and without giving any notice of its intention to do so, 20 may, either prior or after the expiration of such contract, extend 21 or renew the same, for terms not exceeding five years each, upon 22 the same conditions and provisions, or such other conditions and 23 provisions, including the payment of moneys, as the Mayor and 24 Common Council shall provide. 25 8.24.270. No charges or fees to be exacted except as 26 provided in contract. 27 It is unlawful for any contractor to whom a contract shall 28 be awarded, as herein provided, to make or exact any charge or fee DAB:[Garbage.ord] 22 July 21. 1994 I 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 this chapter is guilty of a misdemeanor , which upon conviction 8 thereof is punishable in accordance with the provisions of Section 9 1.12.010. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DAB:[Garbage.ord] 23 July 21, 1994 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.24 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO GARBAGE AND 2 RUBBISH 3 I HEREBY CERTIFY that the foregoing Ordinance was duly 4 adopted by the Mayor and Common Council of the City of San 5 Bernardino at a meeting thereof, held on the 6 day of 1994, by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 NEGRETE 9 CURLIN 10 HERNANDEZ 11 OBERHELMAN 12 DEVLIN 13 POPE-LUDLAM 14 MILLER 15 16 City Clerk 17 18 The foregoing Ordinance is hereby approved this day 19 of 1994. 20 Tom Minor, Mayor 21 City of San Bernardino 22 Approved as to form and legal content: JAMES F. PENMAN, 24 City Attorney 25 26 By: 27 28 DAB:[Garbage.Ord] 24 July 21, 1994