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Home My WebLink About32-Public Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Date: January 27,2010 Subject: An ordinance of the City of San Bernardino amending the definition of "Roll-off Bin" contained in Section 8.24.060(W), of Chapter 8.24 of the San Bernardino Municipal Code. From: Randy Kuettle, Acting Director Dept: Public Services Meeting Date: February 1, 2010 Synopsis of Previous Council Action: January 19, 2010 (MC 1321) - An urgency ordinance was approved by the Mayor and Common Council of the City of San Bernardino in order to amend the definition of "RolI- off Bin" contained in Section 8.24.060(W), of Chapter 8.24 of the San Bernardino Municipal Code and declaring the urgency thereof. October 2, 2006 (MC 1232) - An Ordinance of the Mayor and Common Council of the City of San Bernardino, California Repealing Chapter 8.21; Repealing and Replacing Chapter 8.24 of the San Bernardino Municipal Code Regarding Garbage and Rubbish and Repealing and Replacing Chapter 8.25 regarding scavenging of recyclable materials. Recommended Motion: That said ordinance be laid over for final adoption. Contact person: Randy Kuettle, Acting Director Supporting data attached: Staff Report, Ordinance and Attachment "1" Ward: All FUNDING REQUIREMENTS: Amount: None Source: Citations (No Cost to the City) Finance: Council Notes: &B~ Agenda Item No. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: An ordinance of the City of San Bernardino amending the definition of "Roll-off Bin" contained in Section 8.24.060(W), of Chapter 8.24 of the San Bernardino Municipal Code. Background: On January 19, 2010, an urgency ordinance was approved by the Mayor and Common Council of the City of San Bernardino in order to amend the definition of "Roll-off Bin" contained in Section 8.24.060(W), of Chapter 8.24 of the San Bernardino Municipal Code and declaring the urgency thereof per (MC 1321). Due to the length of time required to adopt an ordinance and the threat of unregulated hauling to the public health and safety, it was necessary to bring the issue forward as an urgency ordinance. Staff is placing the current item on the agenda as a precaution in case any issues arise with respect to the urgency ordinance that was previously adopted. On August 11, 2009, a Public Services Department, Integrated Waste Management Inspector issued an Administrative Citation to a construction company for using a roll-off bin to haul dirt. The Administrative Citation was for a violation of Title 8 of the San Bernardino Municipal Code Section 8.24.270 (Roll-off bins - Franchise Required), which states that, "It shall be unlawful for any person to provide roll-off bin services to any person or to place any roll-off bin on the public right-of-way, public or private property in the City without first obtaining a contract or franchise agreement with the City to provide such services." However, the hearing officer determined that the construction company did not violate San Bernardino Municipal Code Section 8.24.270, because the definition of garbage did not include discarded or excess dirt and therefore was not considered a roll-off bin (See Attachment "1"). San Bernardino Municipal Code Section 8.24.060(W) defines a "roll-off bin" as, "Any large metal container, bin or drop body used for the temporary collection of garbage usually measured in cubic yards." San Bernardino Municipal Code Section 8.24.060(M) states, "Garbage means and includes table refuse, swill, and offal, animal excrement or the carcasses of animals, fish or fowl over five (5) pounds in weight, 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 has been prepared from or intended to be used as food, or has resulted from the preparation of food and also includes all vegetable trimmings from markets, stores, dining rooms, food establishments or any other place using, dealing in or handling meats, fish, fowl, fruits, vegetables, grains or other foodstuffs. Articles and things not hereinbefore enumerated are not included in the term 'garbage' including but not limited to: dish or waste water, paper and other combustible or inflammable material, crockery, glass, cans, tins, ashes, wire and sweepings and like materials." ;; - { -/ () <tt:;~ fl,e{'(G.4'@,.,,,,,f ~e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report- Continued The definition of garbage does not include discarded or excess dirt, construction and demolition wastes, concrete, wood, metal, glass, asphalt, drywall, plaster, stucco, roofing material, bricks, recyclable discards, e-waste, green waste, hazardous waste, vehicle parts, bulky items, and other similar items. The primary reason for the ordinance change is because the Public Services Department, Integrated Waste Management Division is being prevented from enforcing San Bernardino Municipal Code Section 8.24.270 (Roll-off bins - Franchise Required), which is allowing unregulated hauling of trash, debris and other items. The existing definition is outdated and limits the contents to garbage, which is not what private haulers usually haul in roll-off bins. Private haulers usually use roll-off bins to collect refuse, dirt, asphalt, drywall, plywood, plaster, stucco, roofing material, bricks, vehicle parts and recyclable discards such as paper, cardboard, plastic, etc. If left unchanged, the City of San Bernardino will not be able to prevent or control private companies from providing roll-off bin services without first obtaining a contract or franchise agreement with the City of San Bernardino. Staff is recommending that the roll-off bin definition be changed to the following, " 'RolI- off bin' means any size container, including but not limited to an open top/compactor bin or drop body, to which are attached rollers or skids that facilitate movement of the container onto or off of a roll-off truck, flat-bed truck, front loading vehicle or similar vehicle, which vehicle is permanently or temporarily fitted for carrying such container, and by which vehicle the container is moved from site to site for use, servicing, or storage. Use, servicing, or storage may include, but is not limited to, the collection or deposit of refuse, recyclables, garbage, e-waste, hazardous waste as well as other byproducts of residence, business, or commercial structures." With the definition revision, the City of San Bernardino will be able to enforce San Bernardino Municipal Code Section 8.24.270. Financial Impact: No Cost to the City. If these changes to Chapter 8.24 are not approved, the City of San Bernardino will lose the ability to enforce the intent of the San Bernardino Municipal Code; a mechanism of which, is the ability to fine. Recommendation: That said ordinance be laid over for final adoption. 2