ORD 323 ORDINANCE NO. 323
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES REGARDING THE COLLECTION OF SOLID
WASTE AND RECYCLABLES, AND AMENDING CHAPTER
8.20 OF THE RANCHO PALOS VERDES MUNICIPAL
CODE
The City Council of the City of Rancho Palos Verdes does hereby ordain
as follows:
SECTION 1. Section 8.20.020 of Chapter 8.20 of the Rancho Palos
Verdes Municipal Code is hereby amended to read as follows:
"8.20.020 Definitions.
A. For the purposes of this Chapter, the words, terms and phrases as
defined in this section shall be construed as hereinafter set forth, unless it is apparent
from the context that a different meaning is intended:
1. Administrator. "Administrator" or "City Manager" shall mean
the City Manager of the City of Rancho Palos Verdes or the City Manager's designee.
2. Authorized Collector. "Authorized Collector" shall mean a
solid waste enterprise operating under the provisions of a Collection Agreement
pursuant to Section 8.20.260, if such a Collection Agreement has been awarded; or, if
not, the holder of a valid business license and permit tags pursuant to Sections
8.20.030 and 8.20.40.
3. Collection. "Collection" shall mean the operation of
gathering together within the City, and transporting by means of a motor vehicle to the
point of disposal or processing, any solid waste or recyclables.
4. Collector Agreement. "Collector Agreement" shall mean an
agreement to collect or dispose of solid waste or recyclables in the City entered into
pursuant to Section 8.20.260.
5. Commercial Business Owner. "Commercial business
owner" shall mean any person, firm, corporation or other enterprise or organization
holding or occupying, alone or with others, commercial premises, whether or not it is
the holder of the title or the owner of record of the commercial premises.
6. Commercial Premises. "Commercial premises" shall mean
all occupied real property in the City, except property occupied by federal, state or local
governmental agencies which do not consent to their inclusion, and except residential
premises, and shall include, without limitation, wholesale and retail establishments,
restaurants and other food establishments, bars, stores, shops, offices, service
stations, repair, research and development establishments, professional, services,
sports or recreational facilities, construction and demolition sites, a multiple dwelling
that is not a residential premises, and any other commercial business facilities,
structures, sites, or establishments in the City.
7. Construction Site or Demolition Site. "Construction site or
Demolition site" shall mean any real property in the City in, on or from which a building
or structure is being fabricated, assembled, erected or demolished, and which
produces construction or demolition solid waste which must be removed from the
property, and requires the use of commercial refuse containers.
8. Construction or Demolition Waste. "Construction or
Demolition waste" shall mean any solid waste or debris generated as the result of
construction or demolition, including without limitation, discarded packaging or
containers and waste construction materials, whether brought on site for fabrication or
used in construction or resulting from demolition, excluding liquid waste and hazardous
waste.
9. Container. "Container" shall mean any vessel, tank,
receptacle, box or bin permitted to be used for the purpose of holding solid waste,
green waste or recyclable materials for collection.
10. Disposal. "Disposal" shall mean the complete operation of
treating and disposing of solid waste after the collection thereof.
11. Exclusive Solid Waste Handling Services. "Exclusive solid
waste handling services" shall mean any action by the City Council, whether by
franchise, contract, license, permit, or otherwise, whereby the City itself, or one or more
other local agencies or solid waste enterprises, has the exclusive right to provide solid
waste handling services of any class or type within all or any part of the territory of the
City.
12. Green Waste, or Yard Waste. "Green Waste" or "Yard
Waste" shall mean leaves, grass clippings, brush, branches and other forms of organic
materials generated from landscapes or gardens, separated from other solid waste.
13. Hazardous waste. "Hazardous waste" shall mean and
include waste defined as hazardous by Public Resources Code Section 40101 as it
now exists or may subsequently be amended, namely, a waste or combination of
wastes, which because of its quantity, concentration, or physical, chemical or infectious
characteristics, may do either of the following: (i) cause or significantly contribute to,
an increase in mortality or an increase in serious irreversible, or incapacitating
2 Ordinance No:. 323
reversible, illness; (ii) pose a substantial present or potential hazard to human health or
environment when improperly treated, stored, transported, or disposed of, or otherwise
managed. "Hazardous waste" includes extremely hazardous waste and acutely
hazardous waste, and any other waste as may hereafter from time to time be
designated as hazardous by the Environmental Protection Agency ("EPA") or other
agency of the United States Government, or by the California Legislature or any
agency of the State of California empowered by law to classify or designate waste as
hazardous, extremely hazardous or acutely hazardous.
14. In the City or Within the City. "In the City" or "Within the
City" shall mean within the limits of the City as such limits exist on the effective date of
this Chapter or may thereafter exist by virtue of the annexation of territory to or
detachment of territory from the limits of the City.
15. Manure. "Manure" shall mean the waste droppings from any
animal.
16. Person. "Person" shall mean any individual, association,
firm, partnership, corporation, or any other group or combination thereof acting as a
unit.
17. Processing. "Processing" shall mean the reduction,
separation, recovery and conversion of solid waste.
18. Public Agency. "Public agency" shall mean any
governmental agency or department thereof, whether federal, state, or local.
19. Recyclable Materials. "Recyclable materials" means those
materials that are suitable for recycling, as the City Council may designate from time to
time.
20. Recycling. "Recycling" shall mean the process of collecting,
sorting, cleansing, treating, and reconstituting materials that would otherwise become
solid waste, and returning them to the economic mainstream in the form of raw material
for new, reused, or reconstituted products which meet the quality standards necessary
to be used in the marketplace. Recycling does not include transformation as defined in
Public Resources Code Section 40201.
21. Residential Householder. "Residential householder" shall
mean any person or persons holding or occupying residential premises in the City,
whether or not the owner of the residential premises.
22. Residential Premises. "Residential premises" shall mean
any residential dwelling unit within the City, including, without limitation, multiple unit
residential complexes, such as rental housing projects, condominiums, apartment
3 Ordinance NO. 323
houses, mixed condominiums and rental housing, and mobilehome parks, except any
multiple dwelling which, with the prior written approval of the City Manager or designee,
receives commercial bin service.
23. Resource Recovery. "Resource recovery" shall mean any
use of solid waste collected pursuant to this Chapter, except for landfill disposal or
transfer for landfill disposal. "Resource recovery" shall include, but is not limited to,
transformation, composting, and multi-material recycling.
24. Solid Waste. "Solid waste" shall mean all putrescible and
nonputrescible solid and semisolid wastes, generated in or upon, related to the
occupancy of, remaining in or emanating from residential premises or commercial
premises, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes,
demolition and construction wastes, discarded home and industrial appliances,
manure, vegetable or animal solid or semisolid wastes, and other solid and semisolid
wastes, as defined in Public Resources Code Section 49503, excluding liquid wastes
and abandoned vehicles; provided, however, that "solid waste" shall not include
hazardous waste.
25. Solid Waste Enterprise. "Solid waste enterprise" shall mean
any individual, partnership, joint venture, unincorporated private organization, or
private corporation regularly engaged in the business of providing solid waste handling
services.
26. Solid Waste Handling Services. "Solid waste handling
services" shall mean the collection, transportation, storage, transfer, or processing of
solid wastes for residential or commercial users or customers.
B. Nothing contained in this section shall be deemed to preclude the
City and any solid waste enterprise from incorporating into any Collector Agreement
definitions relating to their respective contractual rights and obligations which may
differ from or augment those set forth herein."
SECTION 2. Sections 8.20.070, .080, and .090 of Chapter 8.20 of the
Rancho Palos Verdes Municipal Code are amended to read as follows:
"8.20.070. Residential Householder Exclusion. No provision of this
Chapter shall prevent residential householders from collecting and disposing of
occasional loads of solid waste generated in or on their residential premises, or from
composting green waste, or from selling or disposing of recyclables generated in or on
their residential premises. Any solid waste disposed of pursuant to this Section
8.20.070 may be taken only to a transfer station or landfill.
8.20.080. Gardener's Exclusion. No provisions of this Chapter shall
prevent a gardener, tree trimmer or person engaged in a similar trade from collecting
4 Ordinance No. 323
and properly disposing of grass cuttings, prunings, and similar material not containing
other solid waste when incidental to providing such gardening, tree trimming or similar
services.
8.20.090. Contractors' Exclusions. No provision of this Chapter shall
prevent a licensed contractor having a contract for the demolition or construction of a
building, structure, pavement, or concrete installation from marketing any saleable
items salvaged from such demolition or reconstruction, or from causing such
salvageable items or demolition waste to be removed and transported from the
premises on which such waste is generated, pursuant to the provisions of the
demolition or construction contract."
SECTION 3. Section 8.20.110 of Chapter 8.20 of the Rancho Palos
Verdes Municipal Code is amended to read as follows:
"8.20.110. Collector's Liability Insurance/ Indemnification.
A. Each Authorized Collector shall furnish the City a policy or
certificate of comprehensive general and automobile liability insurance insuring the
Authorized Collector against bodily injury, property damage and automobile liability in
the sum of$1,000,000 combined single limits. These limits shall be subject to annual
review by the City for the purpose of reasonably adjusting to current insurance
conditions and requirements. A greater amount may be required in the Collector
Agreement. The insurance shall provide that the coverage is primary and that any
insurance maintained by the City shall be excess insurance, shall be procured from an
insurer authorized to do business in the State of California, shall name the City of
Rancho Palos Verdes and its officers, employees and agents as additional insureds
and shall not be canceled or modified without first giving to City thirty (30) days' prior
written notice.
B. City To Be Free From Liability. Any Collector or person who
collects, transports, or disposes of solid waste or recyclables within the City shall
indemnify, defend, and hold harmless the City and its officers, employees, and agents
against any and all claims, demands, losses, costs, expenses, obligations, liabilities,
damages, recoveries, and deficiencies, including interest, penalties and reasonable
attorneys fees, that the City shall incur or suffer, which arise, result from or relate to the
collection, transportation, or disposal of solid waste or recyclables by that person."
SECTION 4. Section 8.20.1440 of Chapter 8.20 of the Rancho Palos
Verdes Municipal Code is amended to read as follows:
"8.20.140. Hours of Collection. No collection or delivery/removal of
containers shall be made between the hours of 7 p.m. and 7 a.m. Monday through
Saturday or at any time on Sunday. The City Manager may waive the requirements of
this Section when necessitated by conditions beyond the control of the collector."
5 Ordinance No. 323
SECTION 5. Section 8.20.260 of Chapter 8.20 of the Rancho Palos
Verdes Municipal Code is amended to read as follows:
"8.20.260. Collection Agreement. The City Council may award an
exclusive or nonexclusive contract ("Collection Agreement") for the collection and
disposal of solid waste from residential and commercial premises in the City, and no
person, other than the party to a Collection Agreement, shall collect or dispose of solid
waste from residential or commercial premises in the City other than as provided in this
Chapter or in the Collection Agreement."
SECTION 6. Section 8.20.265 is added to Chapter 8.20 of the Rancho
Palos Verdes Municipal Code, to read as follows:
"8.20.265. Mandatory Service.
A. Except as set forth in this Section 8.20.265, all solid waste and recyclable
materials collected from residential or commercial premises for a fee, service charge, or
other consideration shall be collected by an Authorized Collector.
B. No person, firm, corporation or solid waste enterprise, other than
an Authorized Collector, shall negotiate or contract for, undertake to receive, collect or
transport solid waste or recyclable materials from within the City for a fee, service
charge or other consideration therefor, except as specifically provided herein.
C. Except as otherwise provided in this Chapter, each residential
owner and commercial business owner shall utilize the services of the Authorized
Collector for the collection of solid waste and recyclable materials from the residential
or commercial premises held or occupied by such owner and shall pay for such
services the fees set by the Authorized Collector. No residential or commercial
business owner shall enter into an agreement for solid waste handling services with
any person, firm, or corporation other than the Authorized Collector, except as
otherwise provided in this Chapter.
D. Nothing in this Chapter shall prevent a commercial business which
has its own recycling or resource recovery program for recyclable materials generated
by such business and not utilizing a solid waste enterprise which provides collection
services for a fee, service charge, or other consideration, from continuing such
recycling or resource recovery program, and the recyclable materials included in such
program are excepted from any contract between the City and the Authorized Collector.
E. Nothing in this Chapter shall prevent a commercial business owner
from selling to a buyer, for a monetary or other valuable consideration, any source
separated recyclable materials, including without limitation, any saleable scrap,
6 Ordinance No. 323
discard, reject, by-product, ferrous or non-ferrous metal, worn-out or defective part,
junk, pallet, packaging material, paper or other similar item generated in, on or by a
commercial premises or business, and no longer useful to such commercial business
but having market value, whether such buyer is a recycler, junk dealer, or other
enterprise engaged in the business of buying and marketing such materials in the
stream of commerce; provided, however, that such buyer is not engaged in the
business of collecting solid waste for a fee or other charge or consideration, and that
no such materials are transported for disposition to a landfill or transfer station (as
defined in Public Resources Code Section 40200). Source separated recyclable
materials within the meaning of this section shall mean recyclable materials separated
on the commercial premises from solid waste for the purpose of sale, not mixed with or
containing more than incidental or minimal solid waste, and having a market value.
F. Nothing in this Chapter shall prevent residential householders from
selling or disposing of recyclable materials generated in or on their residential
premises. No residential householder shall pay a fee to anyone to collect such
recyclable materials, or employ or engage any solid waste enterprise, other than the
Authorized Collector, to haul or transport such materials to a transfer station or landfill.
G. Notwithstanding Paragraph A, and in addition to the authority
granted by Section 8.20.070, nothing in this Chapter shall prevent a commercial
business owner or residential householder from, on a regular basis, collecting and
disposing of solid waste generated in or on their premises, in lieu of availing
themselves of the services of the Authorized Collector. No residential householder or
commercial business owner shall employ or engage any solid waste enterprise, other
than an Authorized Collector, to haul or transport such materials to a transfer station or
landfill. Provided, however, that any residential householder or commercial business
owner who, pursuant to this Section 8.20.265 seeks to on a regular basis collect and
dispose of solid waste generated in or on their premises, must first obtain a self-haul
permit from the City."
SECTION 7. Section 8.20.270 of Chapter 8.20 of the Rancho Palos
Verdes Municipal Code is amended to read as follows:
"8.20.270 Collection Charges. The City Council may, by resolution or
an approved collection agreement, place a limit on the rates Authorized Collector's may
charge to residential householders and commercial business owners for the collection
of solid waste and recyclable materials. No Collector shall charge any rate or fee
which is greater than the maximum rate permitted by the City Council.
Every residential householder and commercial business owner shall pay
the rates for collection services rendered pursuant to this Chapter. The occupant of
each residence, if different from the owner, shall be primarily responsible for payment
of all such fees and charges. Should the occupant fail to pay all such fees and charges
so that they become delinquent, then the owner of such residence shall become
responsible for the payment of all such fees and charges, including any delinquency."
7 Ordinance No. 323
SECTION 8. Section 8.20.280 of Chapter 8.20 of the Rancho Palos
Verdes Municipal Code is amended to read as follows:
"8.20.280 Unlawful Disposal. It shall be unlawful at any time for any
person, including Collectors, to burn, bury, or dump any solid waste or recyclables
within the City."
SECTION 9. If any section, clause or phrase of this ordinance is for any
reason held to be unconstitutional, or otherwise invalid, such decision shall not affect
the validity of the remaining sections of this ordinance. The City Council hereby
declares that it would have passed this ordinance and each section, subsection,
sentence, clause and phrase thereof irrespective of the fact that any one or more other
sections, subsections, sentences, clauses or phrases be declared unconstitutional.
SECTION 10. The City Clerk shall certify to the passage of this
Ordinance and shall cause this Ordinance to be published or posted as required by
law.
PASSED, APPROVED AND ADOPTED, this 20th da of M-y, 1997.
4s1 1,44- 47
Ma orb
AT EST:
e/
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF RANCHO PALOS VERDES )
I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, do hereby
certify that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. 323, passed first reading on May 6, 1997, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
May 20, 1997, and that the same was passed and adopted by the following roll call
vote:
AYES: FERRARO, BYRD AND MAYOR McTAGGART
NOES: LYON
ABSTAIN: NONE
ABSENT: HOLLINGSWORTH
95 —get/
CITY CLERK
Ordinance No. 323
n:\pw\lr\1094017r.ord 8
ORDINANCE NO. 323 RANCHO PALOS VERDES
•
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES )
The undersigned, being first duly p sworn, deposes
says:
and
That at all times herein mentioned , she was and now i
the appointed City Clerk of the City of is
y Rancho Palos Verdes;
That on June 2, 1997
she caused to be
posted the following document entitled :
REGARDING THE COLLECTIGN OF SOLID WASTF_ANT RRCY r
CAR ES, AND
AMENDIN HA' : s • • '4 • ti u •4
a copy of which is attached hereto , in the following
9
City Hall Los Angeles County Fire '
Y Station
30940 Hawthorne Blvd.
Miraleste Station
Rancho Palos Verdes 4000 Miraleste Plaza
Rancho Palos Verdes
U. S. Post Office
28649 S. Western Ave. Ladera Linda Community 1 y Center
Rancho Palos Verdes 32201 Forrestal Drive
Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd . Rancho Palos Verdes Park
Rancho Palos Verdes 30359 Hawthorne Blvd .
Rancho Palos Verdes
I certify under penalty of perjury that the e foregoing is a
true and correct affidavit of posting .
• `r
(-Th
y CITY CLERK
k
30940 HAWTHORNE BOULEVARD ! RANCHO PALOS VERDE S,S, CA 9027a 5391 l (213) 377-0360