HomeMy WebLinkAbout6.4 Amend Waste Mgmt Ordinance ?to-
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE.-April 25, 1988
SUBJECT Proposed Amendment to Solid Waste Management
Ordinance - Location of Trash Container/Enforcement
Provisions
EXHIBITS ATTACHED o Proposed Amendment
o Current Solid Waste Management Ordinance No. 2-86
RECOMMENDATION( '"` Conduct public hearing; deliberate; waive reading and
introduce ordinance.
FINANCIAL STATEMENT: None
DESCRIPTION At the regular City Council meeting on April 11, 1988,
the City Council conducted a public hearing regarding the recently enacted
Property Maintenance Ordinance. The Property Maintenance Ordinance
contained a requirement that garbage cans not be stored in front or side
yards and visible from a public street. , language was consistent with
Section 5-202 of the Solid Waste Managemnt Ordinance No. 2-86.
The City Council adopted Ordinance No. 2-86 on March 10, 1986 . The
Ordinance was adopted at the time that the City of Dublin assumed
responsibility for the supervision of garbage collection service franchise
agreement. Section 5-202 of the Ordinance includes the requirement that
. . . by the day after collection, all residential collection containers must
be removed so as not to be visible from the street . . ." This requirement
was carried over in the Property Maintenance Ordinance. One difference in
the two Ordinances is the enforcement mechanism.
The Solid . Waste Ordinance currently provides that all violations are
considered a misdemeanor. For the majority of the Solid Waste Ordinance ,
this is appropriate, since among the purposes is the establishment of a
franchise system providing for the rate-regulated collection and disposal of
solid waste. The Property Maintenance Ordinance allows violations to be
enforced either through an abatement action, or as an alternative , through
an infraction process .
PROPOSED AMENDMENT
Staff has prepared an amendment to the Solid Waste Management Ordinance.
The City Council requested that the Property Maintenance Ordinance be
revised to delete trash cans placed in a side yard from the listing of
nuisance conditions . Staff reviewed this request with the City Attorney' s
Office and it was recommended that the City Council amend the Solid Waste
Ordinance and delete the reference to garbage cans in the Property
Maintenance Ordinance. The proposed amendment to Ordinance No. 2-86 would
provide an exception to the requirement that garbage containers not be
stored in a place visible from a public street . The exception would allow
containers to be stored in a side yard.
In order to establish a feasible enforcement mechanism, it was also
recommended that sections related to residential garbage service should be
established as an infraction instead of a misdemeanor. This remedy can be
more effective in obtaining compliance than the lengthy process of seeking a
misdemeanor complaint through the District Attorney' s Office . Staff has
also discussed the change with the Vector Control Program Manager. This
agency is under the direction of the County Health Officer and is authorized
to enforce provisions of the Solid Waste Ordinance. The County Vector
Control representatives feel that an infraction provision would be more
useful than the current enforcement mechanisms in obtaining compliance.
Staff recommends that the City Council conduct a public hearing, waive the
reading and introduce the ordinance.
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COPIES TO:
Bill Brandi, Dublin Livermore Disposal
Steve McKae, OSC Legal Counsel
ITFAM NO. 6 Harry Scott, Vector Control Manager
ORDINANCE NO. -$8
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING ORDINANCE NO. 2-86
The City Council of the City of Dublin does ordain as. follows:
Section 1 . Ordinance No. 2-86 is amended by deleting section
5-202 therefrom and adding Section 5-202 to read as follows:
"SECTION 5-202 . LOCATION OF SOLID WASTE RECEPTACLES .
All solid waste receptacles delivered for collection
shall be placed so as to be readily accessible for
removal and emptying by the collector, but they shall
not be placed within the vehicle traveled portion of
any street► road, avenue, way or alley, or at any
location so as to constitute a nuisance. By the day
after collection, all residential collection
containers must be removed so as not to be visible
from the street, except for such containers stored in
side yards . Flashers shall be required on all
collection containers four cubic yards in capacity or
larger placed in the non-traveled portion of the
street for more than 24 hours ."
Section 2 . Ordinance No. 2-86 is amended by deleting Section
5-507 therefrom and adding Section 5--507 to read as follows:
"SECTION 5-507 . VIOLATION. Any person who shall
violate any of the provisions of Section 5-200,
Sections 5-300 through 5-301, inclusive, Sections
5-400 through 5-402, inclusive or Section 5-408 shall
be guilty of a misdemeanor, and upon conviction
thereof shall be punished by a fine not to exceed one
thousand dollars ($1,000.00 ) for each violation, or by
imprisonment in the County Jail for not more than six
(6) months, or both. Any person who shall violate any
of the provisions of Sections 5-201, 5-202 or 5-203
shall be guilty of an infraction and upon conviction
thereof shall be punished as provided in Government
Code § 36900. The Director and/or Alameda County
Health Officer are designated as the enforcement
authority for the enforcement of those provisions
which are designated as infractions ."
Section 3 . EFFECTIVE DATE AND POSTING OF ORDINANCE. This
Ordinance shall take effect and be in force thirty (30) days from
and after the date of its passage. The City Clerk of the City of
Dublin shall cause this Ordinance to be posted in at least three
(3 ) public places in the City of Dublin in accordance with Section
36933 of the Government Code of the State of California.
PASSED AND ADOPTED by the City Council of the City of Dublin
on this day of 1988, by the following votes
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
C ty Clerk
I ;!
;; =r `: x•: ORDINANCE NO. 2 - 86
"r
AN ORDINANCE, OF THE CITY OF DUBLIN
REGULATING SOLID WASTE MANAGEMENT
;n•-q-` •ice.r...S; '.a
THE CITY AND COUNCIL of the City of Dublin thus ordain as'
follows:
SECTION 1 . LEGISLATIVE FINDINGS AND DECLARATION.
`:"•'=•.d•_:• ••,....; 1. The provision of adequate and reliable solid waste
management services is essential to the preservation of the
health, safety, and well-being of residents of the City.
2. The State of California has found and declared that the
rapidly increasing volume of solid waste resulting from
population growth, industrial expansion and other factors compels
an organized and comprehensive approach to solid waste management
(Cal. Gov. Code Section 66701, 66702)
3. As an essential part of the State's comprehensive
program for solid waste management and for the preservation of
the health, safety, and well-being of the public, the State of
California has declared that it is in the public interest that
local public agencies make adequate provisions. for solid waste
handling and, pursuant to those State policies, has expressly
authorized the City to make such provisions (Cal. Gov. Code
Sections 66755, 66756) .
4. The State of California has expressly recognized that
the City may determine all aspects of solid waste handling which
are of local concern, including , but not limited to, frequency of
collection, means of collection and transportation, level of
services, charges and fees, nature, location, and extent of
'R= providing solid waste handling services, and has expressly
declared that the City may determine whether any such services
are to be provided by means of exclusive or non-exclusive
frnachises, contracts, licenses, permits, or other means and that
the City may grant to other authority to provide solid waste
_. handling services under such terms and conditions as the City may
prescribe (Cal. Gov. Code Section 66756, 66757) .
5. The City desires to establish an exclusive franchise
system providing for the rate-regulated collection and disposal
of solid waste.
6. Use of an exclusive franchise for the handling of solid
waste generated in the City is an appropriate and desirable means
to provide for the public health, safety, and well-being, and the
efficient and orderly collection and disposal of all such waste
(Cal. Gov. Code Section 66757(b) ) .
SECTION 2. CITY OF DUBLIN SOLID WASTE ORDINANCE.
The City Council enacts the following ordinance:
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GENERAL PROVISIONS AND DEFT"tITIONS
SECT,__. 5-100. CITATION OF CHAPTER. this chapter may be
referred to and cited as the Solid Waste Management Ordinance of
the City of Dublin.
r �
SECTION 5-101. DECLARATION OF POLICY. The management of
solid waste is a matter of great importance to the City, and its
citizens, visitors, property-owners and businesses. The City has
found that the public health, safety, and well-being require that
the generation, accumulation, handling , collection,
transporta-
>;` :` • tion, conversion and disposal of solid waste be controlled and
regulated b y the City through the comprehensive system provided
in this chapter. The establishment and maintenance of this system
will benefit the City and all its citizens, visitors, property-
=' owners and businesses apart from and in addition to individual
..
use. The system seeks to maintain a readily available solid
waste disposal service which the City wants to be reliable,
'. clean, efficient and economical. The system will help to reduce
the harboring and breeding of rodents and insects, to reduce the
spread of disease, and to preven.t pollution and other unsightly
degradation of the environment. The comprehensive solid waste
,;:w:,_.`?;�::•'.`� management system provided in this chapter is found to be in the
public interest.
;.j SECTION 5-102. DECLARATION OF PURPOSE AND OBJECT. The
purpose and object of this chapter are to accomplish the fore
going results, and the provisions thereof shall be construed to
give full effect to the accomplishment of such purpose and
object.
SECTION 5-103. DEFINITIONS. For the purposes of this
v
- chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
(a) "Collection" shall mean the removal and transportation
of solid waste by the
collector from the place of delivery to a
disposal facility approved under the collector's agreement with
the City.
(b) "Collector" shall mean that person or business having
an exclusive franchise agreement with the City granting to him or
it the exclusive privilege of collecting or causing to be
collected or transported for a fee any solid waste within the
City or any portion thereof.
(c) "Delivery" of solid waste shall be deemed to occur when
solid waste is deposited in a receptacle or at a location that is
designated for collection pursant to this chapter, or is other-
wise discarded.
(d) "Demolition Debris" shall mean used construction
materials removed from a site during the razing or renovation of
a structure as part of a total service offered by a duly licensed
demolition contractor (C-21 license) .
(e) "Director" shall mean the City Manager or the designee
of the City Manager.
(f) "Hazardous Waste" shall mean any waste now or hereafter
classified as hazardous pursuant to applicable federal, state or
local law.
"Junk Dealers" shall mean a person who lawfully, and in
(q)
accordance with all local ordinances collects or purchases used
articles for purposes of restoration or resale, including antique
dealers, used building supply dealers, and automobile salvagers.
This definition does not includesa person who collects or accepts
solid waste for recycling
-2-
(h) "r -ycling" shall mean the process of treating and
reconstitut solid waste for the purpose using the altered
form.'
orm The c. .Llection, handling, transfer o. .isposal of solid ,
?'., ; :,r,;•.,�:rK waste not source separated or not intended for or capable of
recycling is not "recycling" within the meaning of this chapter.
Putrescible solid waste (except animal wastes or remains for use
only as tallow) is rebuttably presumed to be not capable of being
recycled. "Recycling" also does not include the processing or
`�'`.��• y use of solid waste for conversion to energy.
(i) "Recycling Facility" shall mean any location, within or
without the city limits of the City, which accepts recyclable
materials that have been source separated from solid waste
generated in the City for the sole purpose of recycling as
defined herein.
"Recycling Transporter" shall mean any person who
transports source separated materials for recycling.
(k) "Solid Waste" shall mean all putrescible and nonputres-
4' cible solid, semi-solid and liquid wastes, including garbage,
trash, refuse, paper, rubbish, ashes, industrial or commercial
- ' = wastes, demolition and construction wastes, discarded home and
industrial appliances, animal solid and semi-solid wastes other
than fecal matter, vegetable wastes, and other discarded solid
and semi-solid wastes, but does not include hazardous waste, as
herein defined, sewage or abandoned automobiles.
� z � `s
(1) "Source Separation" shall mean the segregation into
separate containers by the waste generator, prior to delivery, of
individual components of solid waste, such as glass bottles,
_ cans, newspapers, and corrugated containers, for the sole purpose
of "recycling" as defined herein.
(m) "Waste Generator" shall mean the property owner,
resident, tenant, lessee, occupant, or business which produced
the waste in the City in the first instance. This definition
excludes any person who collects from or accepts shipment of
waste from another person for the purposes of separating,
recycling or otherwise disposing of such waste.
ARTICLE 2
SOLID WASTE ACCUMULATION, STORAGE AND DELIVERY
SECTION 5-200. SOLID WASTE SHALL BE STORED IN RECEPTACLES;
DELIVERED FOR COLLECTION ; EXEMPT ITEMS; HAZARDOUS WASTE. All
solid waste produced, deposited, kept, or accumulated upon any
lot or parcel of land, whether public or private, shall be kept
in receptacles or containers as hereinafter provided. All such
waste, in the receptacles or containers in which it is kept,
shall be delivered for collection as hereinafter provided, with
the following exceptions:
(a) Materials source-separated for recycling;
(b) Lawn and garden trimmings and dead leaves removed
from a site by a gardening , landscaping, or tree trimming
contractor, as an incidental part of a total service offered by
that contractor rather than as a hauling service;
(c) Demolition debris as defined herein which is removed in
accordance with such definition;
(d) Nonputrescible solid waste- separated by the waste
generator for collection and transportation by a junk dealer, but
not as a hauling service;
(e) Animal wastes and remains from slaughterhouses or
butcher shops for use as tallow;
-3-
(f Solid waste transported by tl wner or occupant of any
residen, co a fully licensed public di. _ .sal facility, provided.
, .�.. that such person may not transport solid waste from more than one
residential unit; and
(g) Hazardous waste.
Hazardous waste shall not be delivered to the collector
4;'
under the provisions of this Article, except as the collector may
agree by a separate contract with the generator or owner of any
hazardous waste or through any further program arranged with the
`Y "'' ' `•: legislative body having jurisdiction. Every generator, keeper,
custodian or owner of hazardous waste is, and shall remain,
res onsible for the safe disposal of such waste pursuant to
applicable law.
Every generator, keeper, custodian or owner of material
covered by items (a) , (b) , (c) , (d) , (e) or (f) is, and shall
;j remain, responsible for its safe handling and disposal in
accordance with this chapter and with other applicable law.
Nothing herein shall prevent the collector from accepting,
collecting or transporting material covered by items (a) , (b) ,
(c) , (d) , (e) or (f) if delivered or otherwise offered to the
collector.
SECTION 5-201. TYPES AND CARE OF SOLID WASTE RECEPTACLES.
= °' = Every owner, lessor, lessee, tenant, employee, or occupant
of any premises where solid waste is created, deposited, kept,
produced, or accumulated shall provide for use upon such premises
and shall use one or more watertight, noncorrodible, nonabsorbent
and durable receptacles which shall be kept in a clean and
sanitary condition at all times. The standard size container for '
residential and commercial services shall have a capacity not
exceeding 32 gallons and 'shall be of a design approved by the
Director, provided that receptacles of a net capacity of more
than 32 gallons may be used when approved by the Director and the
collector. When delivered for collection, no such receptacle
shall be filled so as to exceed a gross weight of 75 pounds,
including the receptacle and its contents, except for automated
container collection. The Director may establish reasonable
weight limits for safe handling of automated collection contain-
'- ers. The receptacle shall be kept tightly covered at all times
by a tight-fitting noncorrodible cover, except when solid waste
is being deposited therein or removed therefrom, and shall at all
times be proofed against access by flies, rodents, and animals.
SECTION 5-202. LOCATION OF SOLID WASTE RECEPTACLES. All
solid waste receptacles delivered for collection shall be placed
so as to be readily accessible for removal and emptying by the
collector, but they shall not be placed within the vehicle
traveled portion of any street, road, avenue, way or alley, or at
any location so as to constitute a nuisance. By the day after
collection, all residential collection containers must be removed
" so as not to be visible from the street. Flashers shall be
required on all collection containers four cubic yards in
capacity or larger placed in the non-traveled portion of the
street for more than 24 hours.
SECTION 5-203. WASTE GENERATOR RESPONSIBLE FOR REMOVAL OF
SOLID WASTE. All solid waste created, deposited, kept, produced,
or accumulated in, on or about any dwelling, premises, lot or
parcel of land, whether public or private, shall be delivered to
the collector, or removed by the waste generator where permitted
by Sections 5-300 and 5-301, at least once each week or more
often if required by the Director unless and to the extent
specifically exempted in Section 5-200.
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SECTION 5-204. RESPONSIBILITY FOR PAYMENT OF SOLID WASTE
CHARGES. Th ste generator shall be responsible for payment of
all charges solid waste collection and d )sal services
furnished by the collector. ,
r SECTION 5-205. RESPONSIBILITIES OF COLLECTOR. The col-
lector shall collect all solid waste delivered to such places of
collection and at such intervals as set forth herein and shall
transfer the contents of all solid waste receptacles into the
vehicles provided therefor. The collector shall clean up any
-^';,`. :._ .:.::,'.•;,. solid waste spilled during the collection and, shall completely
empty the receptacles and replace lids.
SECTION 5-206. COLLECTOR TO GIVE INVOICES AND RECEIPTS.
The collector shall, at least quarterly, submit to every regular
customer within the City a written, dated invoice for sums
properly due and payable to the collector. In the event the
collector submits an invoice in advance of or at the beginning of
a particular quarter, the sums due for such quarter shall not be
i deemed delinquent until the expiration of the second month of
< such quarter. The collector also shall, if requested by any
customer, render a written, dated receipt for any money received
by the collector from such customer on account of solid waste
collection services rendered or to be rendered.
SECTION 5-207. POINTS OF COLLECTING RECEPTACLES FROM
A RESIDENCES AND COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS; TIME OF
COLLECTION. Collection from single family residences shall be
'^"='' ' "'•' from locations determined by resolution of the City Council;
y collection from other premises shall be at places agreed upon by
negotiation between the solid waste collector and the waste
generator. All collections from residences and commercial
properties adjacent to residences shall begin not earlier than
. 7
5:30 a.m.
ARTICLE 3
•
SOLID WASTE COLLECTION AND TRANSPORTATION
SECTION 5-300. EXCLUSIVE FRANCHISE FOR SOLID WASTE
COLLECTION. The City may enter into an exclusive franchise
agreement granting to one person the exclusive right to collect
or transport, or cause to be collected or transported for a fee,
all solid waste within the City or any portion thereof, excepting
solid waste exempted from the delivery requirements by Section
5-200. Said franchise agreement shall provide detailed require-
ments for the management and disposal of solid waste in the City
and provide for regulation of the fees to be collected under the
exclusive franchise. No person other than the exclusive fran-
chisee of the City shall collect, transport or convey, or cause
or permit to be collected, transported or conveyed on any city
street, any solid waste for a fee or any consideration what-
soever, provided that:
(a) Source separated materials for recycling may be trans-
ported by a permitted recycling transporter without fee if all
conditions of this chapter are satisfied;
(b) Demolition debris, as defined herein, may be trans-
ported by a duly licensed demolition contractor if all require-
ments of the license and this chapter are satisfied;
(c) Nonputrescible solid waste separated by the waste
generator for collection by a junk dealer may be transported by
such dealer without fee if the requirements of this chapter are
_ satisfied and if such waste is transported in a manner which
ensures no spillage or litter of highways or city streets;
-5-
(d) A waste generator who is the owner or occupant of any
residency 3y transport solid waste and rce separated mate-
tent permi� b y Section 5-200 and
rials fo :cycling to the ex
5-301;
(e) Lawn and garden trimmings and dead leaves removed from
a site by a gardening, landscaping or tree trimming contractor,
as an incidental part of a total service offered by that con-
4`V tractor rather than as a hauling service, may be transported by
s that contractor if the requirements of this chapter are satisfied
and if such waste is transported in a manner which ensures no
spillage or litter of highways or city streets; and
f (f) Tallow users may collect and transport animal wastes
and remains provided the permit therefor has been issued by the
%! Alameda County Health Officer.
»_ SECTION 5-301. SELF-HAULING BY WASTE GENERATOR. Consis-
tent with Section 5-300, a waste generator who is the owner or
3 occupant of any residence may transport solid waste or source
?'s
separated recyclable materials generated by it only to the
following destinations, provided that such person may not trans-
port solid waste or source separated recyclable materials from
more than one residential unit:
µ t (a) For solid waste, the designated receiving area at a
fully licensed public disposal facility;
(b) For materials for recycling, a recycling facility
holding a permit issued under this Chapter, provided that the
material has been source separated, contains no putrescible
! matter and is untainted by putrescible matter.
Such solid waste or materials for recycling may not'be
permitted to leak, spill, overflow or litter upon any public
j street or highway.
i
ARTICLE 4
RECYCLING
SECTION 5-400. SOURCE SEPARATION AND RECYCLING. Waste
generators may source separate materials for recycling from solid
waste for conveyance to duly permitted recycling facilities.
Materials source separated for recycling must be stored in
receptacles or another manner sufficient to prevent access by
rodents, insects and animals, and must be collected by licensed
recycling transporters or transported by the waste generator with
sufficient frequency so as not to create a health hazard, public
nuisance or fire hazard. Putrescible solid waste and nonputres-
cible solid waste tainted by putrescible solid waste shall be
presumed to be inappropriate for recycling, except where intended
for use and source separated for use as tallow. Nothing in this
section is intended to modify, restrict or eliminate any other
obligations, restrictions, limitations or conditions imposed upon
or applicable to any waste generator, other person, use, or
location.
SECTION 5-401 . RECYCLING TRANSPORTERS.
(a) Permitted recycling tranporters may collect source
separated materials for recycling and transport such materials
to a recycling facility provided that no fee is charged by the
recycling transporter and both the recycling transporter and the
recycling facility have obtained any and all necessary permits
required by this chapter or by any other regulatory agency having
jurisdiction.
-6-
(b) A recycling transporter snail mare a reasonable
inspection of everything offered or given it to assure the
recycling t sporter' s compliance with thr quirements of this
chapter and _th any and all conditions of permit and other
applicable laws.
(c) Every vehicle used. by a recycling transporter to
• :. ..,`;;.;, :';, :;, :� transport source separated materials for recycling shall be
identified by its name and local business telephone number in
lettering not less than 2-1/2 inches high and, where required by
'J :; ,;j.• '.; the Director, a vehicle identification number.
SECTION 5-402. RECYCLING TRANSPORTER PERMITS. No person
shall transport or convey, or cause or permit to be transported
or conveyed, source separated materials for recycling unless an
effective recycling transporter permit in writing has been issued
to the transporter, except that the waste generator may transport
source separated materials for recycling to a duly permitted
recycling facility as provided in Section 5-301. No recycling
transporter may transport non-source separated solid waste
tainted by putrescible material.
SECTION 5-403. WHAT RECYCLING TRANSPORTER PERMIT APPLICA-
TION MUST SHOW. The application for a recycling transporter
permit must be made under oath and in writing, and it must be
signed by the applicant and must show the following:
(a) The name, address, and telephone number of the appli-
r' cant;
(b) The type, kind and make of each vehicle to be used by
the applicant in the collection and transportation of source
separated materials for recycling;
(c) Whether such vehicle is so constructed as to prevent
unintended loss of contents;
(d) The type and kind of cover used for covering its
contents;
(e) All destinations where all or part of the contents may
be left or unloaded;
(f) The method, manner, and frequency of cleaning such
' equipment;
(g) A statement that the applicant will not attempt to
assign or transfer such permit, and that the applicant agrees to
comply with all requirements of this chapter;
(h) The description of the materials to be transported; and
(i) A statement that, if any of the information in the
application changes in any material respect, the applicant will
notify the Director in writing of the change or changes and will
file a new application if required by the Director.
SECTION 5-404. FILING OF RECYCLING TRANSPORTER APPLICA-
TION; FEES. The application for a recycling transporter permit
shall be made under oath and shall be filed with the Director and
shall be accompanied by a nonrefundable application fee estab-
lished by resolution of the City Council.
SECTION 5-405. GRANTING OF RECYCLING TRANSPORTER PERMIT;
FINDINGS BY THE DIRECTOR. If the Director finds that the
application is consistent with the intent and purpose of this
chapter, the Director shall issue a permit to such applicant. If
the application is denied, the Director shall inform the appli-
cant in a dated writing which shall be mailed to the applicant' s
address shown on the application.
-7-
SECTION 5-406. EXPIRATION OF RECYCLING TRANSPORTER PERMIT.
Each rec" 'ng transporter permit issued der this chapter shall
expire o. a December 31st of the year which issued.
i SECTION 5-407. REVOCATION OF RECYCLING TRANSPORTER PERMIT.
Each recycling transporter permit shall be subject to revocation
after notice and hearing pursuant to Article 6 of this chapter,
for failure to comply with the requirements of this chapter or
f .F
with any of the conditions of such permit.
SECTION 5-408. RECYCLING FACILITY PERMITS. No person
shall operate a recycling facility unless a recycling facility
permit in writing has been issued for such facility by the
Director. The application for a recycling facility permit must
' be made under oath and in writing, signed by the applicant, and
show the following
(a) The name, address and telephone number of the applicant
r -
-= and the facility, if different;
(b) The type or types of material to be recycled;
(c) The source or sources from which such material is to be
obtained;
(d) The manner of transportation of such material from the
waste generator to the recycling facility;
(e) A statement that the applicant will not attempt to
assign such permit, and that the applicant agrees to comply with
all requirements of this chapter, now in force or as hereafter
amended;
(f) A statement that no putrescib'le solid waste will be
accepted or received by the recycling facility, provided that
tallow users need not comply with this subsection; and
(g) A statement that, if any of the information in the
application changes in any material respect, the applicant will
notify the Director in writing of the change or changes and will
file a new application if required by the Director.
SECTION 5-409. FILING OF RECYCLING FACILITY APPLICATIONS;
FEES. The application for a recycling facility permit shall be
filed with the Director and shall be accompanied by a nonrefund-
able application fee to be established by resolution of the City
Council. The Director shall make an inspection of the recycling
facility described in the application. If the Director finds
that the application is consistent with the intent and purposes
of this chapter, the Director shall issue a permit to such
applicant for the recycling facility. If the application is
denied, the Director- shall inform the applicant in a dated
writing which shall be mailed to the applicant' s address shown on
the application.
SECTION 5-410. EXPIRATION, DISPLAY OF RECYCLING FACILITY
PERMIT. The Director shall issue one recycling facility permit
for each application granted, showing the number of the permit,
the year in which it was issued, and the address of the facility.
At the discretion of the Director, the permit shall be displayed
in a conspicuous place, designated by the Director, in the
facility. However, if it is not displayed, a responsible
representative of the operator must have possession of the permit
and be capable of presenting it within a reasonable period of
time. The recycling facility permit shall expire on the December
31st following the date it was issued.
_ f-.•
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SECTION 5-411. REVOCATION OF RECYCLING FACILITY PERMIT.
Each recycl facility permit shall be sub- -t to revocation
after notic .d hearing, pursuant to Artic i of this chapter,
for failure to comply with the requirements vt this chapter or
'-•�'. `�'"''"^'t'!!�,rj with the conditions of such permit.
SECTION 5-412. APPEALS PROCEDURE. Any applicant for a
permit under this Article and any person who is aggrieved by the
Director's action on the application may have the action reviewed
by the City Council, pursuant to Section 10 of Ordinance No.
,y 16-84.
ARTICLE 5
ENFORCEMENT
SECTION 5-500. ENFORCEMENT NEEDS. The enforcement of this
`..f chapter is essential to the public health, safety and well-being.
The importance of the policies which the chapter seeks to
. ; .;' effectuate makes necessary a range of flexible enforcement
mechanisms. The remedies provided in this Article shall be
available without prior recourse, if applicable, to the permit
revocation procedures provided in Article 6. Each of the
remedies provided in this Article shall be available in accor-
dance with the terms of its respective section without regard for
'r the availability, potential availability, or use of another
remedy or of permit revocation. The Director and the Alameda
County Health Officer may utilize other remedies not set forth in
this article.
SECTION 5-501. ADMINISTRATION. The Director or the
Alameda County Health Officer shall enforce and administer all
provisions of this chapter falling under their respective
jurisdictions, and for such purpose each shall have the powers of
peace officer.
SECTION 5-502. CIVIL INJUNCTION. The Director or the
Alameda County Health Officer is authorized to seek civil
injunctive relief in any court of competent jurisdiction against
any violation or threatened violation of this chapter.
SECTION 5-503. CIVIL ACTION FOR IMPAIRMENT OF SOLID WASTE
MANAGEMENT SYSTEM REVENUES. To the extent that any violation of
this chapter has resulted in any loss of revenues to the solid
waste management system, the City may sue in any court of
competent jurisdiction to recover said revenues. "Loss of
revenues" shall include the loss of the contribution of revenues
to the regulated rate structure of the franchised solid waste
collector.
SECTION 5-504. INSPECTIONS. The Director is hereby
authorized to make such inspections and to take such actions as
may be required to enforce the provisions of this chapter.
Specifically, the collector, as well as any recycling transporter
or the operator of any solid waste disposal facility or recycling
facility must, upon demand by the Director, permit such inspec-
tion of records, operations, facilities or other matters as may
be necessary to ensure compliance with this chapter.
SECTION 5-505. RIGHT OF ENTRY.
(a) Whenever necessary to make an inspection to enforce any
of the provisions of this chapter, or whenever the Director has
reasonable cause to believe that there exists in any building or
upon any premises any condition which constitutes a violation of
the provisions of this chapter, the Director may enter such
building or premises at all reasonable times to inspect the same
or perform any duty imposed upon the Director by this chapter;
provided that (i) if such building or premises be occupied, he
shall first present proper credentials and demand entry; and (ii)
if such building or premises be unoccupied, he shall first make a
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reasonable effort to locate the owner or other persons having
charge o- 'ontrol of the building or pry es and demand entry.
If such cy is refused the Director s, have recourse to
every remedy provided by law to secure entry. -
(b) No owner or occupant or any other person having charge,
care or control of any building or premises shall fail or refuse,
after proper demand made as herein provided, promptly to permit
entry therein by the Director for the purpose of inspection and
s -• ;_-��•{�'.;. examination pursuant to this chapter.
SECTION 5-506. CIVIL ACTION. The violation of any of the
provisions of this chapter shall also be deemed a nuisance, and a
"' ` ::• civil action may be brought to abate, enjoin or otherwise compel
the cessation of such nuisance.
i SECTION 5-507. VIOLATION A MISDEMEANOR. Any person who
shall violate any of the provisions of Sections 5-200 through
' =J 5-203, inclusive, 5-300 through 5-301, inclusive, 5-400 through
5-402, inclusive or 5-408 shall be guilty of a misdemeanor, and
upon conviction thereof shall be punished by a fine not to exceed
one thousand dollars ($1,000.00) for each violation, or by
imprisonment in the County Jail for not more than six (6) months,
or both.
ARTICLE 6
PROCEDURES FOR REVOCATION OF PERMITS
SECTION 5-600. REQUEST FOR REVOCATION OF PERMIT; FAILURE
TO FURNISH INFORMATION. The Director may at any time require any
person to whom a permit has been granted under this chapter to
furnish the Director with the plans and a report of operations
= conducted by such permitee. If the holder of such permit
willfully fails and refuses to furnish such plans and report of
' operations to the Director within a reasonable time after such
demand, the Director may request the city council to hold a
public hearing to determine whether such permit shall be revoked.
SECTION 5-601 . REQUEST FOR REVOCATION OF PERMIT FOR
FAILURE TO COMPLY. The Director may at any time request the City
Council to revoke a permit issued pursuant to the provisions of
this chapter for the failure of the holder thereof to comply with
requirements of this chapter or with the conditions of such
permit. The request shall contain a written statement which
shall set forth in concise language the acts or omissions with
which the holder is charged, specifying the specific sections of
this chapter or the specific conditions of the permit which the
holder thereof is alleged to have violated.
SECTION 5-602. HEARING ON REVOCATION OF PERMIT. Within 30
days after the receipt of the request from the Director, the City
Council shall hold such hearing and shall give notice of the
date, time and place of such hearing of the holder of the permit,
to the Director, and to such other persons as the City Council
deems should be notified, not later than ten (10) days before the
date of the public hearing . Such notice shall include the
written statement of the Director prepared pursuant to Section
5-601 .
SECTION 5-603. NOTICE OF HEARING; MANNER OF SERVICE. The
notice required under Section 5-602 shall be served personally,
or by first class mail, postage prepaid, addressed to the holder
of the permit at the address shown on the application, and shall
be deemed given when so deposited in the mail or served personally.
SECTION 5-604. ACTION BY CITY COUNCIL. Failure of the
holder of the permit to appear at the hearing, after having been
notifed, may be deemed an admission of the act or omission
charged in the notice, and in the event of such failure to
appear, the City Council may revoke the permit without further
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evidence than that which served as the basis for the notice.
After the h ing is concluded, the council ',all, within 21
days, rende is decision revoking such pei or dismissing the
charges, with a brief statement of its reasons therefor.
ARTICLE 7
COLLECTION RATES
SECTION 5-700. RATES OF COMPENSATION FOR COLLECTION.
Maximum rates of compensation for the collection of solid waste
within the City of Dublin shall be adopted by resolution.
SECTION 3. IMMEDIATE EFFECT.
Commencing April 1, 1986, Solid Waste disposal will no
longer be provided to residents of the City of Dublin by the
Dublin-San Ramon Services District. It is necessary to provide
for the collection and disposal of Solid Waste prior to such
time. This ordinance shall take effect immediately upon its
enactment because the adoption and immediate effect thereof is
necessary for the preservation of the public peace, health and
safety.
PASSED, APPROVED AND ADOPTED by the City Council of the City
of Dublin on this 10th day of March, 1986, by the
following votes:
AYES: Councilmembers Hegarty, Jeffery, Moffatt,
Vonheeder and Mayor Snyder
NOES: None
ABSENT: None
tayor
Attest:
City Clerk
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