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SR-503-001-02-01 (2) . 503-00/-0 . 2-0/ (" .p JAN 1 2 1988 ,- GS:SS:NM:br 1/6/88 Santa Monica, California Council meeting: January 12, 1988 TO: Mayor and city council FROM: City staff SUBJECT: Request to amend section 5231 of the Santa Monica Municipal Code regarding use of Refuse Transfer Station by other Haulers. Introduction This report requests that the City Council direct the City Attorney to amend section 5231 of the Santa Monica Municipal Code regarding use of the City's refuse transfer station. These revisions are necessary to make the code compatible with current practice. Background Currently, the Santa Monica Municipal Code Section 5231, (copy attached), states that the refuse transfer station is closed to the public but does allow dumping by the Santa Monica School District. The Ordinance also states the fee to be charged to the School District is $6.00 per ton and $1.00 per load minimum. Over the years since the transfer station was built in 1960, it has been necessary to allow General Telephone Company and Southern California Edison Company to dispose of tree trimming waste generated from the trimming of city trees at the transfer station. The utilities have paid rates set by the city that cover the City's cost of operation. Currently, the City's cost - 1 - ~.p .IAN 1 2. 19&& .......- . . per ton to dispose of solid waste is $18.00(1)' The city has also allowed private haulers to dump at the transfer station on occasion as long as they paid the prevailing rate and as long as capacity was available. It is proposed that Section 5231 of the Municipal Code be revised to make it compatible with current practice to allow private haulers, the Santa Monica School District and the public utilities use of the City's transfer station and to have fees for dumping set by resolution. The benefits of this proposed action are: - city recovers all costs of operation including overhead and a contribution to the vehicle replacement costs for the refuse transfer operation. - Reduced fuel consumption by the users of the transfer station which results in less air pollution. Fuel consumption is reduced because three to five refuse collection truckloads can be hauled by one transfer truck and trailer. - Possibly reduced refuse rates from private haulers that use the City'S transfer station. It is less costly for a refuse hauler to collect refuse in Santa Monica and dump it at the city's transfer station than it is to drive the collection (l) - Cost analysis on file in the Department of General Services - 2 - . e truck directly to the landfill or a distant transfer station. Reduced costs for the hauler could result in reduced rates for Santa Monica customers. It is proposed that the transfer station will be open for any licensed refuse haulers that maintain a business office within Santa Monica and serve primarily Santa Monica businesses. Availability of the transfer station will be on a first come first serve basis depending on availability of capacity to be determined on a daily basis by the Solid Waste Management Superintendent. It is also proposed that fees for transfer station use be established by resolution so that as costs change, fees can be changed to reflect these changes in costs. BUdget/Financial Impact The city currently accepts approximately 5,800 tons annually from private haulers, the Santa Monica School District, and the local utility companies. This amount of activity generates approximately $105,000 of revenue. This amount is currently budgeted at account number 27-906-151-000-000. Adoption of the proposed ordinance amendment will codify existing procedure and is not anticipated to generate significant additional revenue. If the Council determines it is not appropriate to allow other haulers to use the transfer station then the Refuse Fund would lose approximately $105,000 in revenue without a proportionate reduction in costs. - 3 - . . Recommendation staff recommends that the City council instruct the City Attorney to amend section 5231 of the Santa Monica Municipal Code per this report. Prepared by: Stan Scholl, Director of General services Neil Miller, Assistant Director of General Services srmuncde - 4 - R~VI5ED ( 12eVISED In. 5229 ........" "0I'lII #604CCS ~ 5-2J.oQ SI.. 5230 A_~. lyGrd #604CCS ........ '.21.0 'CD TO SANTA ~1Or-.!C-\ ~fPaClPAL CODE ~otwlthstandmg the provIsions of Secuon 5228. 52~8"'. 522gB, 5228C a.'ld 5228D or tlus Code. or any other proVIsion ill conibct herewith, no owner, manager or Iluthonzed agent of the owner or any place of Dusmess shall uUhze any receptacle for the keepmg. deposltmg or accumulatlng of Class A rubbish onglr.atlng on such prermses other than such receptacles as set fonh m Se<:Uon 5228D of tins Code and made aVallable bv the Cltv If m the detennmatlon of the Director of General Servu:es such receptacles are necessary for the safe and samtary keepmg, deposltlng. or accumulatmg of Class -\ rublush :So owner. manager or authonzed agent of the owner of any place of oustness. multlple dweilmg or apanrnent house wluch 18 equIp- ped With, or has avaIlable a refuse collectlon chute which IS more than ten 110) feet from a street or allev. ohall m81ntam the same when a shut-off gate for such refuse collectlon chute IS not proVided It shall be the respomnbihty of every such perSl)n to mstail and mamtam a chscharge shut-off system for all exlStmg butldmgs With refuse collection chutes All new bwldmgs deSigned w1th refuse chutes shall provlde for a discharge shut-off system In the event that the proVISIOns of trus sectiOn are not comphed With where they are, by thelf terms. apphcabie. the City, In addltlOn ~o any other remedIes to compel compl1ance 1.l.1th thIS section. may refuse to collect rubblsh OD-Slte at such non-complytng locatiOns and shall colle<:t rubblsl1 only from points of colle<:tiOn off-Site from the non- complymg prel11lses at locauons On publJc property or pubhc rights of way and then only from those contamers speclned In Sect.J.on 5228 of t!us Code In any case In whIch the reqUIrements of this section work a substantIal hardsiup. the aggneved party may appeal the requrrements of thiS SectIon pertammg to the mdIvtdual case to a Heanng Exammer In accordance Wlth the procedures set forth In SectiOn 6126 of tlus Code to detEnmne If a hardslup eXISts. and upon such a determmatJon. comphance With the reqUirements of Uus sectlOD shall be waived sEcrroN 5229 Interference with CoUection!l. No person not authonzed by the owner of a refuse contaIner shall move or remove saId ccntamer or move or remove any refuse m or from Said conta1l1er SECTIO:-< 5230 Accumulation of Ref- 11Se. Except as penmtted by the provI- sIons of thlS Code goverrung the accu- mulatlOn and collection of refuse no person shall depOSIt any refuse ~hlCh IS or may become offen!Hve, nOXlOUS, or dang-erous to the publ1c health or IS or may become a fire hazard on any pubhc or Private place Within the City No person shall depOSit ill the CIty Refuse ADD 1?) ~l-P - 2 1988 -- 130-C R-6B Transfer Statlcr or unen any publ1c street or ailey any refuse orlgmatmg ill any area outSide tl'>e Cit\' of Santa :\'Iomca or In anv manner or place ex- cept as pranced 'n thlS chaPter SECTIOX 5231 T:se of CIty Ref'lSe Transfer Station The Cltv Refuse Trapsfer Stat:on IS closed to tre public but the Santa :\Iomca School D'stnct shall be alloweU .0 contmue to Use ~aJd dump for rubbIsh ongmatme: ,~.Jth!n the Gty or Santa J.lon:ca pro""lded that a char.!;e at the ra:e $6 Of} per ton with a minimum charge of 51 00 per load shall be made for acceptlnl:; ~uch refu~e Refuse brou~Pt to tile City Refu'ie Transfer Station :nust comply v.1th the follOWing 1 Lumber and Class B rubblsn ex. ceptm!;!" wooden furmture. shall net ex- ceed four feet In length or four mches m least cross-sect;ol'al dlmenslOns 2 CIas'i A rubbIsh and portIOns of bUlldn::: rubbl'ih and mdustr1al waste. exceptme- lumber shall be broken mto pIeces O'lt E'XCeedlJ'/; 2'2' x 212' X 4' 3 Inflam])1able lIqUIds, aCIds, rr.ar;- ncslUm explosl\es. and conclemned food prodUCTS \'\,111 not be accepted far" dl<;- posa1 S.IS231 "'IUlndtd by Drd #957CCS Ad,"ted 6-18-74 SEcnON 5232 Violations Xotice. Whenever" the Health Officer. DIrector of Pub!lc \Vorks or their authOrIzed agents determme that any person or owner IS vlOlatmg or causmg a vlo1aoon of the pi O\'lSlOns of SectIons 5227 through 3236 of thIS code, there shall be delivered to such person or owner a notice to cease and deSist VIolating the prOViS:Ons of such sections wlthm fIVe t5i days from the date of dehvery or said notJce, and said person or owner shall take the necessary steps to com- ply With the reqwrements of saId notice wlthm the tune presenbed For the purpose of thiS sectlon, notIce may be served upon any person over the age of 16 years and on the premJses where- on or m connection WIth whIch sllch VIOlations are occurnng SECTION 5232A. ~otice to Appear. In the event any person or owner VI0- latm.l'; or causmg a vlOlatJOn of the pro- VISions of SectIOns 5227 to 5234 of thJs Code does not cease and deSist there- from as prOVided In Section 5232 hereof, a clta tlOn shall be served on such person or owner to appear In the );Iurucipal COUrt of the Clty of Santa Momca to answer the charge or depOSit ball With the ball clerk of Said :\IUlllcIpal Court at the orne speclfled :n saId CItatIon Said CItatIOn shall contam the name of the person or owner. the offense \....1. th which he is charged and the number SOl 5232 A..ndl~ ~Ord * 166CC5 Adoplod 1-11-49 SIC S2J2A A_JUIN " Ord oi'255CCS Adopll~ 8-14.51 E""ct 8 14-S1 '=>....p jAN 1 2 \98& q... f...l. "(' \ i ~ .l' ~.-r- :: <J ~:1 ,J' ... ",J :3e 1 \':J;; 6r <J<1A (I321'J:!5..r . A~ b-P JAN 1 2 1988 ATTACHMENT A In Section 5200, Definitions, add section 5200H, "Hazardous Waste" is any substance included and defined as lIhazardous waste" in Title 22 of the California Administrative Code. (see section 5301 under the Toxic Chemical Disclosure Law for a more complete definition) Sections 5200D and 5200E, could be a combined definition of refuse/garbage and delete reference to "Class A or BII. Amend section 5227, Collection of Refuse, to add a second paragraph - Hazardous waste generated by any business in any amount or by any household in excess of 5 gallons or 50 pounds shall not be deposited in any container for refuse, dry commercial garbage, Class A rubbish, Class B rubbish, building rubbish, or industrial waste. Hazardous waste shall be properly disposed of according to the regulations specified by Title 22 and the state Department of Health Services. section 5227A, Types of Refuse service. Change to read: The Director of General Services is authorized to establish refuse collection routes and collect refuse on such days of the week and at such hours of the week and at such hours of the day as he deems most advisable as serving the best interest of the City. I Ap1>1O ,..p JAN 1 2 1988 . . section 5227B, Frequency of Collection of Type A and B Refuse. Change to be: Frequency of Refuse Collection. To read: The Director of General Services is authorized to establish frequency of refuse collection based on need. Frequency of collection may be twice weekly or daily, except after holidays. section 5227C, Points of Collection of Refuse Delete reference to: "Class B rubbish not in a container shall be placed on the parkway, and shall neither extend into the street nor be placed on any portion of a parkway used as a sidewalk. Section 52270, Section 3611A of Santa Monica Municipal Code, item 2, should be included. Section 5228, Refuse containers. Change to be: A rubbish container shall be a substantial circular receptacle not exceeding 45 gallons in capacity. It shall be equipped with a fitted lid to prevent refuse from scattering, and the lid shall be equipped with a handle. A container shall be made of metal or plastic and shall be water tight in construction and shall be equipped with handles sufficient in strength to support the weight of the container and contents. Dry commercial garbage may be placed in a container. Paper bags, cardboard boxes or wooden crates are not acceptable refuse containers and will not be collected. Delete reference to JlClass A or B Refuse". 2 . . No other change should be made. Owners should be required to provide adequate refuse containers. If the responsibility is placed on the tenant, it will be difficult to determine which tenant is not providing containers and would create an additional work load for the supervisors and and office staff. Section 5228A, Separation of Refuse. Delete this section: separation no longer necessary, garbage is not sold. Section 5228B, Preparation of Refuse for Collection. Garbage, carpet sweeping, cut hair, vacuum cleaner dirt and sawdust shall be wrapped securely in paper. Garbage produced form businesses shall be placed in containers for collection and shall not contain poisonous or hazardous chemicals. Palm fronds need not be placed in containers. Tree limbs, brush, bush, tree trimmings, broken furniture, carpet and padding shall be no more than 4 feet in length and be securely tied in bundles not to exceed 40 pounds in weight. Wooden boxes, wooden crates and paper cartons shall be broken and tied in bundles not to exceed 40 pounds in weight or placed in a substantial container. Ashes shall be thoroughly wet before being placed into any container. Rubbish not in a container placed on the parkway or alley, shall not extend into the street nor be placed on any portion of the sidewalk, may be subject to a special collection charge. Section 5228C, Allowable Amounts of Refuse Placed for Collection. Change to: The combined weight of anyone container, except 3 . . ci ty furnished bins, and its contents shall not exceed 40 pounds. The amount of rubbish placed for collection shall not exceed 4 cubic yards per collection. No separate refuse item not in a container and eligible for collection shall exceed 40 pounds. Amend section 5229, Interference with Collections, to add a second paragraph - All recyclable materials which include but are not limited to glass, cans and newspapers left at the curb for collection by city crews on designated recycling collection days, shall be the property of the city of Santa Monica. No person, firm or corporation shall remove recyclable materials or containers placed at the curb on said collection days. No person, firm or corporation shall remove recyclab1es from specially designated recycling containers placed in central locations for the deposi t of cans, glass and newspapers, or other recyclable materials. 4