O1713
CA:MT:wpfiles\laws\hazfee5
City Council Meeting 11/23/93
Santa Monica, California
ORDINANCE NUMBER 1713
(city council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
AMENDING THE CITY'S SOLID WASTE ORDINANCE
TO ALLOW VOLUNTARY PARTICIPATION IN A FEE
FOR USE PROGRAM TO COLLECT AND
DISPOSE OF SMALL BUSINESS HAZARDOUS WASTE
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1.
Section 5.08.010 of the Santa Monica Municipal
Code is amended to read as follows:
Section 5.08.010.
Definitions.
The
following words or phrases as used in this
Chapter shall have the following meanings:
(a) Building Rubbish. Building rubbish
is the waste material from construction,
replacement, remodeling, repair, or demolition
of structures, and includes, but is not
limited to, such rejected materials and
fixtures as earth, stones, bricks, plaster,
glass, lumber, roofing materials, shingles,
concrete, plumbing fixtures, pipes, heating
systems, and electrical materials.
(b) city. The city of Santa Monica.
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(c) Dwelling.
thereof which is
A structure or portion
used principally for
residential occupancy.
(d) Dwelling unit. One or more rooms
designed, occupied, or intended for occupancy
as separate living quarters.
(e) Garbage. Garbage is animal and
vegetable waste resulting from the handling,
preparation, working, and service of food and
of a type which originates primarily in
kitchens, stores, restaurants, hotels, and
other places where food is cooked, stored, or
consumed. The term "garbage" shall not
include within its. meaning food processing
wastes from canneries, slaughter houses,
packing plants, or similar industries, nor
condemned food products or animal shells.
(f) Hazardous Waste. Hazardous waste is
those substances defined by applicable
federal, state or City law and regulations.
(g) Industrial Waste. Industrial Waste
is solid waste material from factories,
processing plants, or other manufacturing
enterprises, and shall include, but not be
limited to, condemned foods, lumber scraps and
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shavings, plaster cases, and miscellaneous
manufacturing refuse.
(h) Qualified Businesses. Qualified
Businesses shall mean any business which
generates less than one hundred (100)
kilograms of hazardous waste or less than two
(2) kilograms of extremely hazardous waste per
month as defined by federal or state law.
(i) Recyclable Material. Recyclable
material is any waste material which can be
reused or reprocessed to produce a useable
material and which is designated by the
Director of General Services as recyclable
material. Recyclable material may include
wastes defined as building rubbish, garbage,
industrial waste, hazardous waste, or rubbish.
(j) Refuse. Refuse is garbage, rubbish,
building rubbish, and industrial waste.
(k) Rubbish. Rubbish is paper,
cardboard, books, magazines, rags, clothing,
paper cartons, wooden crates, wooden boxes,
mattresses, rubber, linoleum or asphalt tile,
excelsior, carpet sweepings, cut hair, vacuum
sweepings, wrapped garbage, grass, weeds,
leaves, yard trimmings, and other similar
articles or materials; ashes, broken glass,
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crockery, bottles, tin cans, metal containers,
bed springs, metal furniture, miscellaneous
metals, and all other similar articles of
materials; tree branches, brush, palm fronds,
wooden furniture, and all other similar
materials which will burn by contact with
f lames of ordinary temperature after being
dried to proper moisture content. Rubbish
shall not include automobile and truck bodies,
chassis, .and engines.
SECTION 2. section 5.08.150 of the Santa Monica Municipal
Code is amended to read:
section 5.08.150. Collection of refuse.
(a) The Director of General Services is
his or her discretion shall determine what
refuse materials shall be collected. The
Director's discretion shall be based upon his
or her evaluation of the burdens of
collection, capacity of existing city
equipment to handle such materials, and the
convenience of the public. Building rubbish
generated by homeowner operations in small
remodeling projects may be collected by the
City, if placed in a container, the combined
weight of which does not exceed forty (40)
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pounds. Building rubbish generated by
building contractors shall not be collected.
The Director of General Services shall
determine the appropriate collection system
for refuse. City-owned containers may be
provided for refuse disposal and use of such
containers may be made mandatory in certain
areas of the city.
(b) Except as provided in subsection (c)
below, hazardous waste shall not be deposited
in any container for refuse, garbage, rubbish,
recyclables, or industrial waste. Hazardous
waste shall be disposed of only according to
applicable provisions of federal, state, and
city law and regulations.
(c) The Director of General Services may
in his or her discretion establish a program
for the City collection and management of
hazardous waste generated by qualified
businesses located within the city.
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SECTION 3. Section 5.08.255 of the Santa Monica Municipal
Code is added to read:
section 5.08.255. Fees for Collection of
Hazardous Waste.
The city may establish fees for the
collection and management of hazardous waste
generated by qualified businesses by
Resolution of the City Council.
SECTION 4. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to effect
the provisions of this Ordinance.
SECTION 5. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this ordinance, and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or
unconstitutional.
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SECTION 6. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The city Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
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Adopted and approved this
23rd
day of
November
,1993.
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I hereby certify that the foregoing Ordinance No. 1713 was duly and regularly
introduced at a meeting of the City Council on the
9th day of November
1993; that the said Ordinance was thereafter duly adopted at a meeting of the City Council
on the
23rd day of
November
,1993 by the following vote:
AYES:
Councilmembers Abdo, Genser, Greenberg, Olsen, Rosenstein
NOES:
ABSTAIN:
ABSENT:
Councilmembers Holbrook, Vazquez
ATTEST:
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City Clerk