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SR-503-001-02 (5) . e ~-t:! NOV 1 4 1989 ---o"'f CA:RMM:jld150bjhpc City Council Meeting 11-14-89 5'03 -tf?O/-02 Santa Monica, California STAFF REPORT TO: Mayor and City Council FROM: City Attorney SUBJECT: Ordinance Amending Chapter 2 of Article V of the Santa Monica Municipal Code to Reflect Changes in the City's Refuse Collection and Recycling Activities At its meeting on October 17, 1989, the city Council introduced for first reading an ordinance updating Chapter 2 of Article V of the Santa Monica Municlpal Code to reflect changes in the city's refuse collection and recycling activities. The ordinance is now presented to the City Council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Robert M. Myers, city Attorney Joseph Lawrence, Assistant City Attorney ~..(!. NOV 1 4 1989 VOTE: Aff~rmat~ve: Negat~V'e: Absta~n: Absent: PROOF VOTES WITH ANOTHER PERSON BEFORE ANYTHING . . DISTRIBUTION: ORIGINAL to he s~gned, sealed and f~led in Vault. ... BEFORE DISTRIBUTION4IlECK CONTENT DISTRIBUTION OF RESOLUTION # Council Meet~ng Date /~/<y /11 Agenda Item # G- c " Was ~ t a;'ended? fI c OF ALL --;1_ - () f FOR C. CLERK'S ACTION ORDINANCE # ) Y Cl r; Introduced: /t"'ji7/l') Adopted: /~/ v,/y f ALWAYS PUBLISH ADOPTED ORDINANCES Cross out Attorney's approval f' NEWSPAPER PUBLICATION (Date: ) I Department originating staff report( Laur1e Lieberman) Ordinances only for Attorney ( Claud~a Thompson) 2 Management Services Lynne Barrette ORDINANCES ONLY 1 Agency ment20ned in document or staff report (certl. f ~ed? ) for departments who need to know) . Parklng Auth. SubJect fl.le (agenda packet) Counter file Others: (Review Alrport Aud~torJ.um BUJ.ldJ.ng Dept. , , ClEO Personnel PlannJ.ng Pol~ce PurchasJ.ng Recr/Parks Fl.nance General Servo Ll.~rary , " Manager TransportatJ.on Treasurer ... - .tJ, ~"'~ ~-1 ~ ' SEND FOUR COPIES OF ALL ORDINANCES~o:7 .. ' F~re CODED SYSTEMS 120 Main Street Avon, New Jersey 07717 1 1 / - 4 SEND FOUR COPIES OF ALL ORDINANCES TO: 4 Debra Myrick Santa MonJ.ca MunicJ.pal Court 1725 MaJ.n Street, Room 118 Santa Monica, CA 90401 Total CopJ.es /'0- ---- . . 5?) 3-oo/-tJ L CA:RMM:jld148/hpc City Council Meeting 11-14-89 Santa Monica, California ORDINANCE NUMBER l499(CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 2 OF ARTICLE V OF THE SANTA MONICA MUNICIPAL CODE TO REFLECT CHANGES IN THE CITY'S REFUSE COLLECTION AND RECYCLING ACTIVITIES THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1 . Chapter 2 of Article V of the Santa Monica Municipal Code is amended to read as follows: CHAPTER 2 - GENERAL SANITATION SECTION 5200. 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) C1ty. The City of Santa Monica. - 1 - . . -- 1 (c) Dwellinq. A building or portion thereof which is used principally for residential occupancy. ( d) Dwell inq Uni t . One or more rooms designed, occupied, or intended for occupancy as separate living quarters. (e) Garbaqe. 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 I 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 set forth in Sections 66680 and 66685 of Title 22 of the California Administrative Code or in the List of Priority Organic Pollutants as maintained and updated by the United States Environmental Protection Agency. (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 shavings, plaster cases, and miscellaneous manufacturing refuse. - 2 - . . (h) 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. (i) Refuse. Refuse is garbage, rubbish, building rubbish, and industrial waste. (j) 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, 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 flames of ordinary temperature after being dried to proper moisture content. Rubbish shall not include automobile and truck bodies, chassis, and engines. SECTION 5201. Fat Rendering. No person shall mel t or render, or cause or permit to be melted or rendered, any fat, tallow, or lard except when the - 3 - . . same is fresh from the slaughtered animal and taken directly from the places of slaughter in the city and when the same is free from sourness and taint and all other causes of offense at the time of melting or rendering. All melting and rendering shall be done in steam-tight vessels, and the gases and odors therefrom shall be destroyed by combustion or other effective means and according to the best and most approved means and processes. All such melting and rendering and everything in connection therewith, and the premises wherein or whereon the same shall be conducted, shall be free from offensive odor and from other cause of injury to the public health. SECTION 5202. Dead Animals. No person shall bury any dead animal within the limits of the City. SECTION 5203. Noxious Gases. No person shall establish, conduct, or maintain any factory or place for boiling or manufacturing varnish, lamp-black, glue, or other substance or material that will generate any unwholesome, offensive, or deleterious gas or exhaust or any deposit that is dangerous or prejudicial to life or health. SECTION 5204. Dust. No person shall erect, establish, operate, or maintain any carpet beating machine within two hundred (200) feet of any church, school house, residence, dwelling house, public - 4 - . . eating place, or food establishment, or in any place other than an area zoned to permit industrial operations. Every carpet beating machine erected within an industrial zone shall be enclosed so that dust, dirt, or any other substance or material shall not escape therefrom during or by reason of the operation thereof. SECTION Bathrooms. (a) Privy. No person shall maintain a privy within the City, except during the period of construction of a building or except during a special event such as a party, parade, race, or other similar gathering. Such privy shall be constructed in a manner approved by the Building Officer and shall be removed in a sanitary manner immediately upon discontinuance of use. 5205. privies, cesspools, and (b) Drainaqe or other Disposal from Privy Vaults or Cesspools. No person shall permit the contents, or any part thereof, of any privy vault, cesspool, water closet, urinal, or of any other sink or cistern containing any nightsoil, slop water, or other filthy water, matter, or substance, to flow, discharge, or be deposited upon the surface of any premises, or of any public street or other public place, or into any storm drain. The emptying or cleaning out of any privy vault, cesspool, or sink - 5 - . . -- . shall be in such a manner as not to offend the sensibilities of residents of the City, and no substances removed therefrom shall be burned or disposed of in any manner that may be prejudicial to the health or offensive to the sensibilities of the residents of the City. SECTION person shall sidewalk in business, or condition. 5206. sidewalks, Cleanliness. No fail, refuse, or neglect to keep the front of the person I shouse, place of premises in a clean and wholesome SECTION 5207. Premises, Cleanliness. No person owning, leasing, acting as agent for, or occupying any premises shall permit any accumulation of manure, garbage, offal, rubbish, stagnant water, or filthy or offensive matter of any kind to be or remain upon such premises, or shall fail, refuse, or neglect to keep such premises in a clean and wholesome condition. SECTION 5208. Fertilizers. (a) No person shall keep any manure on any premises longer than one day unless the same be kept in a bin or box made of good, sound metal, brick, stone, or concrete, or wood of not less than one inch in thickness, and kept covered at all times. - 6 - . . (b) No person shall keep any manure within thirty-five (35) feet of any church, school, or hospital, or any other place where food or food products are kept or stored, or any window, door, or other opening of any residence, dwelling house, hotel, or lodging house. (c) No person shall keep any manure in a bin or box on any premises for a longer period than seven days or fail, refuse, or neglect to clean and disinfect such bin or box, or to cause the same to be cleaned and disinfected at any time when ordered to do so by the Health Officer. SECTION 5209. Fertilization of soil. Manure or other commercial fertilizer in excess of one hundred (100) pounds may be maintained in a pile or piles for fertilization of soil only if a permit shall have been granted therefor by the Director of General Services and if such manure shall be maintained more than two hundred (200) feet from any res idence, dwell ing , hotel, or lodging house. Each such permit shall designate the location where such manure shall be kept and the amount that may be so kept. It shall be unlawful for any person to keep any such manure at any location other than that designated in such permit or in any amount greater than the amount named in such permit. - 7 - . . SECTION 5210. Offensive Substance. (a) No person shall unload, discharge, place or deposit upon or along any public street, sidewalk, or other public place or upon or along the line of any railroad, any human or animal excrement, manure, offal, or other offensive or nauseous substance, or to allow any car or other vehicle having therein or thereupon any such substance to remain or stand upon or along any railroad, or upon or along any public street or other public place for a period longer than is necessary for loading and hauling such substance to its destination and in no event for a longer period than twenty-four (24) hours. (b) No person shall deposit any dead animal or part thereof, or any offal, sewage, nightsoil, manure or rubbish, or any decaying or putrid matter or substance of any kind in the Pacific Ocean, or in any irrigating ditch, reservoir, aqueduct, storm drain, or in any pipe or stream connected therewith, or to bathe or to put any part of his or her person into any reservoir, aqueduct, or other portion of any water system or to otherwise do anything that will impair or imperil the purity or wholesomeness of any water designed for household or domestic use. (c) No person shall use any vehicle, tub, or other receptacle for hauling any offal, or the contents of a privy vault, cesspool, or sink, or any nauseous or offensive substance, unless such vehicle, - 8 - . . tub, or other receptacle shall be sufficiently strong and tight to prevent any of the contents from leaking or spilling therefrom and the same shall be so tightly covered as to prevent any nauseous odors from escaping therefrom. No person shall permit any such car or vehicle to be in a filthy or offensive condition, or fail to thoroughly clean any such car or vehicle after every use thereof. (d) No person shall defecate or urinate in public or upon any street or sidewalk or other public place. SECTION 5211. Sewers. No person shall deposit in any water closet, privy vault, or cesspool any dead animal, offal, or garbage, or deposit or cause or permit to be deposited any solid substance in any public sewer, manhole, or flushtank. SECTION 5212. Cellars or Basements. Every cellar or basement in any dwelling, residence, public eating place, or food establishment shall be kept thoroughly drained, ventilated, and in a clean and wholesome condition. SECTION 5213. Building Officer's Notices. (a) The Building Officer is authorized and empowered to post or set up any notices which he or she shall deem necessary or expedient to secure or promote the enforcement or observance of any law of - 9 - . . the state of California, or any ordinance of the city or of this Code, relating to the quarantine regulations, or to the preservation of the public heal th, or to the sanitary regulations of the state or City, and he or she hereby is authorized and empowered to post or set up any extraction or copy of any such law, Code, or ordinance whenever he or she shall deem the same to be necessary or expedient. (b) No person shall destroy, deface, mutilate, or tear down any such notice, or its surface, or any part thereof. SECTION 5214. Collection of Refuse. (a) The Director of General Services in 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) 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 - 10 - . . containers may be made mandatory in certain areas of the city. (b) 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. SECTION 5215. Refuse service and Collection. The Director of General Services is authorized to establish such refuse collection routes and to collect refuse on such days of the week and at such hours of the day as deemed necessary to serve the best interests of the City. The frequency of collection shall not be changed without a resolution of the City Council. SECTION 5216. Points of Collection of Refuse. (a) Any refuse placed for collection shall not be placed for collection in that portion of any street or alley abutting on property other than the property owned or controlled by the person placing the refuse. On other than collection days, when refuse collections are made from the street, containers shall be stored on private property no closer than ten (10) feet from the street right-Of-way line, unless the containers are stored in an enclosure. Where there is a public alley along - 11 - . . which refuse collections are made, all refuse shall be placed for collection upon private property within ten (10) ten feet of the alley, providing there shall be no obstructions between such refuse and the alley property line. In the event there is not sufficient unobstructed area in which to place refuse on such private property, refuse may be placed so as not to encroach upon a public alley more than four (4) feet. If there is no public alley, refuse containers shall be placed for collection on the parkway not more than four (4) feet from the curb. (b) If a property owned or controlled by the person placing the refuse is located such that no portion of the property abuts the public alley or street along which refuse collections are made, the Director of General services shall determine a location in the public alley or parkway on which the property owner shall place the refuse containers. The location determined by the Director of General Services shall in no event encroach upon the public alley more than four (4) feet nor shall be placed more than four (4) feet from the curb when the location of the refuse containers is determined to be a parkway. (c) Refuse containers shall not be placed for collection earlier than 4:00 p.m. a day before collection day and not later than 7: 00 a.m. on the day of collection. - 12 - . . (d) Refuse containers placed upon a public street or alley for collection shall be removed not later than 8:00 p.m. on the day of collection. (e) No refuse containers shall be placed on any public right-of-way on other than collection days without a permit having been obtained from the Director of General Services in accordance with Section 7151 of this Code. (f) Refuse from a corner lot, if there is no alley, may be placed in accordance with provisions of this section on any frontage along which refuse collection trucks are routed, provided all refuse from such lots shall be placed for collection at one place. (g) Refuse containers provided by the City for use with automated collection systems shall be placed for collection in locations which provide unobstructed access within a three foot radius of any edge of said containers. SECTION 5217. Collection of Refuse in Central Business District. Anything in this Code to the contrary notwithstanding, the following additional regulations shall apply to the district bounded by Ocean Avenue on the west, Wilshire Boulevard on the north, Fifth Street on the east, and Colorado Avenue on the south: - 13 - . . (a) No refuse, or refuse containers shall be placed upon, or allowed to remain upon public property except between the hours of 7: 00 a.m. and 11:00 a.m. Monday, Tuesday, Wednesday, Thursday, Friday, and Saturday. (b) No refuse shall be stored on private property except: (1) In a bin type container approved by the Director of General services. (2) In a fully enclosed building. (3) within an enclosure around which there is an opaque wall fence not less than six (6) feet in height, so arranged that said refuse is not visible from any point outside the enclosure. (c) No refuse originating in any place of business shall be placed upon the Third street Promenade, Second Street, or Fourth Street, except as is provided for in Santa Monica Municipal Code Section 3611A. (d) The City Council may by Resolution establish a fee requiring refuse customers or private refuse haulers to pay for the privilege of placing or storing refuse or refuse containers on public property for collection by the City or private refuse haulers. - 14 - . . SECTION 5218. Refuse containers. (a) A rubbish container shall be a durable circular receptacle not exceeding forty-five (45) gallons in capacity, unless the container is owned by the city or its use is mandated by the Director of General Services. The container shall be equipped with a handle. The container shall be made of metal or of a material impervious to water, shall be water-tight in construction, and shall be equipped wi th a handle or handles of sufficient strength to support the weight of the container and contents. Paper bags, cardboard boxes, or wooden crates are not acceptable refuse containers and will not be collected. (b) Every owner, business, tenant, or lessee of premises, except a tenant or lessee of a dwelling unit in a multiple dwelling, who produces refuse shall provide and at all times keep and maintain suitable containers adequate to contain the respective amounts of refuse ordinarily accumulating at such place during the intervals between collections. All refuse required to be placed in containers for collection shall be accumulated only in such containers during intervals between collections. (c) Refuse containers shall be cleaned and dis infected as needed in order to maintain the same in a sanitary condition. The City shall remove any - 15 - . . container placed on a street or alley which does not comply with specifications for containers as set forth in this Section. By placing a refuse container for collection by the city, the container's owner consents that the city can place identification marks on refuse containers at its own expense. (d) Notwithstanding any other provisions of this section, properly bound plastic bags made of durable material may be used. with the exception of plastic bags, all other containers shall be tapered. (e) The city may provide residents or businesses with refuse containers and may require the use of said containers, which will remain the property of the city. These containers may be furnished where collection systems requiring standardized refuse containers are utilized. SECTION 5219. Preparation of Refuse for Collection. (a) Garbage, carpet sweeping, cut hair, vacuum cleaner dirt, and sawdust shall be wrapped securely. Garbage shall not contain poisonous, infectious, 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 four (4) feet in length and shall be securely tied in bundles not to exceed forty (40) pounds in weight. Wooden boxes, wooden crates, - 16 - . . and paper cartons shall be broken and tied in bundles not to exceed forty ( 4 0) pounds in weight. 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 and may be subject to a special collection charge. (b) The combined weight of anyone container, except city furnished bins or containers, and its contents, shall not exceed forty (40) pounds. The amount of rubbish placed for collection shall not exceed four (4) cubic yards per collection. No separate refuse item not in a container and eligible for collection shall exceed forty (40) pounds. SECTION 5220. Rental of Bins from city. (a) Notwithstanding the provisions of Sections 5218 and 5219 upon application by the owner or authorized agent of any business, multiple dwelling, or apartment house and upon the payment of the fees hereinafter prescribed, the Director of General services may provide a bin or bins for the accumulating of refuse originating on the premises described in the application. The fee to be paid to the City for each such bin furnished shall be as established and from time to time amended or revised by resolution of the City Council. - 17 - . . (b) Upon application by the owner or authorized agent of any business, multiple dwelling, or apartment house, when in the opinion of the Director of General Services such collection is feasible, collection service from points on private property more distant than those described in Section 5219 of this Code for bins furnished by the City will be made upon execution by the application of a waiver of liability in a form prescribed by the Director of General services, and upon payment to the City by the applicant of a bin rollout fee, which fee shall be in addition to all other fees and charges provided in this Chapter. The fee to be paid to the city for such bin rollout shall be as established and from time to time amended or revised by resolution of the City Council. (c) All fees, rentals, and charges provided by this Section shall be paid to the city as a condition to the furnishing of the receptacles or services for which application is made, and such charges shall be billed and collected in accordance with Section 5224 of this Chapter. Nonpayment shall terminate the obligation of the City to provide or to continue to provide such services or receptacles. All receptacles so furnished shall be and remain the property of the City. The owner or authorized agent of the premises described in the application shall be - 18 - . . responsible for any damage to the receptacle other than normal wear and tear. SECTION 5221. Mandatory Equipment. {a} Notwithstanding the provisions of Sections 5218 , 5219, and 5220 of this Chapter, or any other provision in conflict herewith, no owner, manager, or authorized agent of the owner of any IDultiple dwelling or apartment house, containing eleven (11) or more dwelling units, shall utilize any receptacle for the keeping, depositing, or accumulating of rubbish originating on such premises other than such receptacles as set forth in Section 5222 of this Code and made available by the city. (b) Notwithstanding the provisions of sections 5218, 5219, and 5220 of this Chapter, or any other provision in conflict herewith, no owner, manager, or authorized agent of the owner of any place of business shall utilize any receptacle for the keeping, depositing, or accumulating of rubbish originating on such premises other than such receptacles as set forth in Section 5220 of this Code and made available by the City if, in the determination of the Director of General services, such receptacles are necessary for the safe and sanitary keeping, depositing, or accumulating of rubbish. - 19 - . . (c) No owner, manager, or authorized agent of the owner of any place of business, multiple dwelling, or apartment house which is equipped with, or has available a refuse collection chute which is more than ten (10) feet from a street or alley, shall maintain the same when a shut-off gate for such refuse collection chute is not provided. It shall be the responsibility of every such person to install and maintain a discharge shut-off system for all existing buildings with refuse collection chutes. All new buildings designed with refuse chutes shall provide for a discharge shut-off system. (d) In the event that the provisions of this section are not complied with when they are, by their terms, applicable, the city, in addition to any other remedies to compel compliance with this Section, may refuse to collect rubbish on-site at such noncomplying locations and shall collect rubbish only from points of collection off-site from the noncomplying premises at locations on public property or public rights-of-way and then only from those containers specified in Section 5218 of this Code. (e) In any case in which the requirements of this section work a substantial hardship, different than that experienced by other members of the public, the aggrieved party may appeal the requirements of this Section to the Director of General services, whose decision shall be final and not appealable. - 20 - . . SECTION 5222. Accumulation of Refuse. Except as permitted by the provisions of this Code governing the accumulation and collection of refuse, no person shall deposit any refuse which is or may become offensive, noxious, or dangerous to the public health or is or may become a fire hazard on any public or private place within the City unless the substance is deposited in a storage facility for hazardous materials permitted by the State of California. SECTION 5223. Station. (a) The City Refuse Transfer station may, in the discretion of the Director of General Services, be open for refuse disposal by licensed refuse haulers that primarily serve Santa Monica businesses. Use of the city Transfer station will be determined daily by the Solid Waste Management Superintendent and will be based on available capacity as well as on the order in which requests are received. Fees for deposi ting refuse at the Transfer station shall be established by resolution of the City Council. (b) Refuse brought to the City Refuse Transfer Station must comply with the following: (1) Lumber and rubbish, excepting wooden furniture, shall not exceed four (4) feet in length or four (4) inches in least cross-sectional Use of City Refuse Transfer dimensions. - 21 - . . (2) Rubbish and portions of building rubbish and industrial waste, excepting lumber, shall be broken into pieces not exceeding 2-1/2' x 2-1/2' x 4'. (3) Hazardous materials of any kind will not be accepted for disposal. (e) No person shall deposit in the city transfer station or upon any public street or alley or other public place within the City any refuse originating in any area outside of the city, and further, no person shall deposit any refuse upon any public street or alley or other public property except as the same may be placed for collection in accordance with the provisions of this Chapter. (d) No person who deposits refuse in the City Transfer Station, or upon any public street, alley, or property, the place of origin of which refuse is outside the Santa Monica City limits, shall refuse to remove the same upon the request of a City employee. (e) The Director of General Services may limit the type and amount of refuse that may be deposited in the City Refuse Transfer Station, if, in the Director's opinion, the acceptance of such material would impair the operation of the transfer station. SECTION 5224. (a) Minimum services shall be Minimum Sanitation Service Fees. monthly fees for sanitation set by resolution of the City - 22 - . . Council according to frequency of service and classification of dwelling or business serviced. If standardized refuse containers are provided by the City and use of these containers is required, an additional fee may be charged when containers in excess of those allocated by the City are requested by residents or business owners. These classifications may include different monthly fees for: (1) One dwelling unit per lot. (2) Two or more dwelling units per lot, including condominiums. (3) Boarding houses, hotels, or motels and other similar uses. (4) Business and commercial. (5) Every water account not utilizing City refuse service. (b) The Director of General Services is authorized to make periodic surveys of each business for the purpose of determining the average quantities of each classification of refuse which will be placed for collection on any collection day. Such average quantities, as so determined, shall be used to establish charges for refuse in excess of the maximum allowable quantities. A charge established for excess refuse shall remain in effect until the Director of General Services determines that a change of average quantities requires a different charge. - 23 - . . Such determination shall be made not more than once every three months. SECTION 5225. Billing and payment of charges. (a) The refuse collection service charge provided for in this Chapter may be billed monthly, bimonthly, or annually, as determined by the Director of General Services, and shall be collected by the Utilities Division of the Department of General Services. (b) The refuse collection service charge shall be billed to the owner, tenant, or occupant of each business or dwelling unit in whose name the City's water account is placed for the property and shall be a civil debt owing to the city. The charges shall be paid to the City wi thin the time and in the manner established for payment of the city water bill. SECTION 5226. Multiple Businesses at One Location - Computation of Charges. (a) Where more than one business occupies premises served by one water meter, or two or more meters in the same name, if all refuse from the premises is placed for collection at one location, the total refuse collection charge, payable by the person in whose name the water account is carried, will be computed as for a single business. (b) Where refuse is placed for collection at separate places on said premises, the total charge - 24 - . . shall be the total of separate charges for a single business at each location. (c) Where the provisions of subsection (a) are applicable, the charge against the owner of each business, for which he or she is liable under section 5224, shall be as follows: An amount equal to the total charges divided by the total number of businesses; provided that if any single business generates refuse in excess of the maximums provided for by section 5224, the owner of that business shall be charged as a single business, which charge shall be deducted from the total charge, and the balance divided by the number of remaining businesses shall be the charge to each of said remaining businesses. The person in whose name is carried the water account shall be solely responsible for allocating the total charge amongst the owners of each business on the premises. SECTION 5227. Exemption from Refuse Collection Charges. (a) All properties other than those zoned Rl, R2R, R2 , R3, R4, and RVC may be exempt from all charges (except for a minimum monthly refuse administration fee as set by Resolution of the City council) if the Director of General Services determines that all refuse is being lawfully disposed of by the owner or tenant of the property. - 25 - . . (b) The Director of General Services, notwithstanding the provisions of subparagraph (a) of this Section, in his or her discretion, shall have the authority to make City service mandatory in those situations where public welfare makes such service in the public interest. Such area shall include, but not be limited to, the Santa Monica Municipal Pier. SECTION 5228. Refunds for Vacancies. During the first year after a multiple dwelling unit has received its Certificate of Occupancy the service charge provided for in this Chapter shall be refunded to the billed party in an amount equal to the amount collected by the City during the period any dwelling unit in the property was vacant. No refunds shall be allowed for vacancies after the one year period has passed following the Certificate of occupancy. Requests for refunds shall be made on forms provided by the Director of General Services. SECTION 5229. Interference with collection. No person unauthorized by the city or by the owner of a refuse container shall remove any refuse container or any refuse placed in said container or bundled for collection by the City. All such refuse placed for collection by city employees shall be the property of the City of Santa Monica. - 26 - . . SECTION 5230. Accounting System. The Utilities Division as collection agency for the Department of General services shall institute and maintain a system of accounting as approved by the Director of Finance, adequate and sufficient to provide complete records of all of its operations for which service charges are billed against users of the service herein contemplated. SECTION 5231. Recyclable Materials. Notwithstanding any other provisions of this Chapter, the following regulations shall apply to the collection of recyclable materials: (a} The Director of General services in his or her discretion shall determine what recyclable materials shall be collected. The Director's discretion shall be based upon his or her evaluation of the burdens of collection, capacity of equipment to handle such materials, availability of recyclable materials users, and the convenience of the public. (b) The Director of General services is authorized to establish such recyclable materials collection routes on such days of the week and at such hours of the day as deemed necessary to serve the best interests of the City. In no event shall recyclable materials be deposited in City controlled community collection containers located on public property before 7:00 a.m. or after 8:00 p.m. - 27 - e . . (c) The Director of General Services is authorized to establish the location of recyclable material containers on public property as deemed necessary to serve the best interests of the City. The location determined by the Director of General Services shall in no event encroach upon the public alley or street more than four (4) feet. (d) Upon the consent of the owner or authorized agent of any business, multiple dwelling, or apartment house, when in the opinion of the Director of General Services such collection is feasible, collection service from points on private property will be made. All receptacles furnished by the City shall be and remain the property of the City. (e) Containers for recyclable materials may be different from containers for non-recyclable materials and may vary according to the type of material collected. In no event shall the accumulation of recyclable materials be allowed to create litter or an unsafe condition. The City shall have the right to place identification marks on recyclable material containers at its own expense. (f) No person shall deposit in or place upon or around any recyclable material container any material other than the recyclable material (s) for which the container is specifically designated. - 28 - . . (g) The Santa Monica Recycling Program is a service offered to the citizens of Santa Monica by the city. No person, including any owners, manager, or authorized agent of the owner of any dwelling, multiple dwelling, or apartment house may prohibit a citizen from participating. (h) No person unauthorized by the owner of a recyclable material container shall move or remove said container or shall move or remove any recyclable materials which include, but are not limited to, glass, cans, newspaper, plastic, yard waste, and motor oil left at the curb for collection by City crews on designated recycling collection days. No person shall remove recyclable materials from specially designated containers placed in central locations for the deposit of cans, glass, plastic, and newspapers, or other recyclable materials and all such recyclable materials shall be the property of the city of Santa Monica. SECTION 5232. Water Line Contamination. (a) No person shall connect, cross-connect, maintain, or install any device, receptacle, fixture, tank, or any other form of installation in any building or on any premises, which is connected to any water line, pipe, or conduit, which conveys or carries any water used for domestic or human consumption, if the plan, arrangement, connection, - 29 - . . maintenance, or installation is such as to make possible any contamination or pollution of such water supply. (b) No person shall dump or place upon any water meter or gate valve on any water line, any garbage, waste matter, or other obstruction of any kind or nature whatsoever. SECTION 5233. Dump Grounds. (a) No person shall permit any premises owned, occupied, or controlled by him or her within the City to be used for the throwing, dumping, or depositing of garbage, refuse, waste matter, or other offensive matter. (b) No person shall trespass or go upon the land or property of any other person for the purpose of dumping or dump upon the land or property of any person any refuse, as refuse is defined in Section 5200 of this Code. SECTION 5234. Drinking Fountains. Every drinking fountain or other device intended to be used by the public as a means of securing a drink of water installed in or about any park, school, hotel, store, or other public meeting place shall comply in design, application, and operation with the following specifications: (a) orifices The source of from which the water supply and water flows must be the so - 30 - . . .. protected that they cannot be reached by the mouth, lips, or tongue of the drinker. (b) The orifices from which the water flows must be so protected that drippings from the mouth, lips, mustache, or nose of the drinker cannot fall on or return to the orifices from which the water flows. (c) The fountain or drinking device must be of such design that under normal water pressure the drinker may drink without touching chin or bridge of his or her nose to any part of the fountain. (d) The fountain or drinking device must be of such design that the water bubble from which the drink is taken is formed under normal water pressure in air at least one and three quarters (1-3/4) inches away from any supply pipe or other substance. No person shall maintain, operate, or install any drinking fountain or other drinking device which does not comply with the provisions of this Section. SECTION 5235. Drugs, Medicines, Sale and Delivery. No person shall distribute to or deliver to, or leave with, or cause or permit to be delivered or distributed to or left with any child under the age of fifteen (15) years (except by a regularly licensed physician or surgeon, or a regularly licensed pharmacist or pharmacist's assistant, or the parents or guardians of any such child) any drug, physic or medicine, or any sample thereof. - 31 - . . SECTION 5236. Incorporation of certain county of Los Anqeles Public Health Code Requirements. (a) sections 100 to 1191, inclusive, with the exception of Sections 320, 541, and 542 of the Public Health Code of the County of Los Angeles, as adopted on August 25, 1959, by the Board of supervisors of the County of Los Angeles by Ordinance Number 7583, and as amended by Ordinance Numbers 8095, 8284, 8425, 8588, and 8614, and subsequent ordinances, are hereby adopted and incorporated herein by reference as if set forth in full herein. The provisions of said Public Health Code fully express the will and intention of the City council of the city of Santa Monica as to those matters relating to public health which are contained therein and adopted hereby. (b) The provisions of this Ordinance, insofar as they are substantially the same as provisions of the Santa Monica Municipal Code relating to the same sUbject matter existing immediately preceding adoption of this Ordinance, shall be construed as restatements and continuances, and not as new enactments. (c) The issuance of a permit, certification, or approval under the provisions of this Ordinance shall not constitute a waiver of any other requirement contained in the Santa Monica Municipal Code or any other law or ordinance, and all such requirements shall be complied with in addition to - 32 - . . . the obtaining of a permit, certification, or approval under the provisions of this Ordinance. (d) The issuance of a permit, certification, or approval under the provisions of this Ordinance shall not constitute an approval of any violation of any provision of this Ordinance, or any law or ordinance, and a permit, certification, approval, or other document purporting to give authority to violate any law or ordinance shall not be valid with respect thereto. SECTION 5237C. Refuse Collection Hours. No person shall operate or cause to be operated any vehicle or refuse collection equipment for the purpose of collecting refuse between the hours of 10:00 p.m. and 7:00 a.m. of the following day, except that it shall be lawful in the M-l District to collect rubbish between the hours of 3:00 a.m. and 7: 00 a.m. of each day so long as during such time there is no collection of refuse within five hundred (500) feet of any building located in a district other than the M-1 District. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance r to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. - 33 - . . SECTION 3. 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 this Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The renumbering or recodification of the Sections in Chapter 2 of the Santa Monica Municipal Code shall not in any manner affect the prosecution for violations thereof, which violations were committed prior to the effective date hereof, nor shall the renumbering or recodification of said Sections affect any prosecution or action which may be pending or may hereinafter be filed in any court for the violation of any of the provisions of said Sections. As to any such violations of any of said Sections and as to any such prosecution or pending prosecution or action, said Sections and each of them shall be deemed to continue and be in full force and effect. - 34 - . . SECTION 5. 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 fifteen (15) days after its adoption. This Ordinance shall be effective thirty (30) days after its adoption. APPROVED AS TO FORM: ROBERT M. MYERS city Attorney - 35 - . . Adopted and approved this 14th day of November, 1989. p.,. '1a~ I hereby certify that the foregoing Ordinance No. 1499(CCS) was duly and regularly introduced at a meeting of the City council on the 17th day of October 1989; that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 14th day of November 1989 by the following Council vote: Ayes: Councilmembers: Abdo, Finkel, Genser, Jennings, Ka t z , Reed, Mayor Zane Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: ~Adu/~ .-- - City ClelJX EXHIBIT I SUMMARY OF PROJECTED COSTS/BENEFITS OF RECYCLING ENHANCEMENTS OVER NEXT TWO YEARS Proposed Enhancement Cost Impact FY1989-90 Cost Impact FY1990-91 AUTOMATED COLLECTION IN SINGLE FAMILY ZONES: 2 Automated Collection Vehicles ($150,000 each; $100,000 drawn from already proposed eIP project) $ 200,000 o Automated Collection Containers (assumes lease/purchase over 5 years; $400,000 total @ 10% interest; $50,000 additional down payment in first year) 152,000 102,000 Public Information and Community Outreach for single family automated collection (Mailings, flyers, brochures, advertising, etc.) 25,000 AUTOMATED COLLECTION SUBTOTAL $ 377,000 10,000 $112,000 SPECIAL STUDIES AND OTHER PROGRAMS: Composting/Waste Characterization study (Professional services) $ 40,000 0 Refuse Rate Consultant Analysis (to correct present inequities and create a fee-far-volume rate structure) 20,000 0 20 Additional Recycling Drop-Off Zones in public and private parking lots (20 @ $1,250) 25,000 0 OTHER COSTS SUBTOTAL $ 85,000 0 MULTI-FAMILY RECYCLING PROGRAMS: New Marketing Specialist/ Administrative Analyst position (assumes hiring by October 1989 45,000 50,000 7 2 New Recycling Collectors (assumes hiring by October 1990) 0 Additional Collection Vehicle (for mUlti-family collection) 0 57,000 120,000 Customized Collection containers (for commingled and source separated materials) 0 Central Sorting Facility (may be contracted) 0 95,000 50,000 2 FTE As-Needed Recycling Workers for Sorting Facility (may be contracted; assumes hiring by October 1990) 0 Additional Single Family and MUlti-Family Individual Household Collection Containers 38,000 10,000 20,000 Public Education/Marketing of enhanced recycling program in mUlti-family and commercial occupancies. 10,000 25,000 MULTI-FAMILY SUBTOTAL $ 65,000 455,000 GROSS TOTAL COSTS 527,000 567,000 LESS: Savings from Reduced Operating Costs of Automated Collection (Assumes full implementation in 1990-91) o 80,000 Avoided Disposal Costs (1,000 tons at $28/ton) 0 28,000 Sale of Recyclables (1,000 tons at $25/ton) 0 25,000 SAVINGS/REVENUES SUBTOTAL 0 $ 133,000 NET TOTAL COSTS $ 527,000 $ 434,000 8 EXHIBIT II Refuse Rates in Various Comparison cities commercial commercial City Sinqle Family MUlti-Family(l) 1 Bin/2 wk. 1 Bin/6 wk. Beverly N/A(2) N/A (3) $71.00(4) $165.00(4) Hills Culver City $ 8.62 $129.03 85.66 256.98 Glendale 6.60 58.00 58.95 160.35 Pasadena (5) 17.50(6) 106.70 77.06 173.24 Torrance(7) 9.75 19.50(8) N/A(9) N/A(9) (duplex) Santa Monica 11.61 75.51 53.03 159.02 (current) Santa Monica 14.63 95.20 66.82 200.37 (includes 26% increase eff. 7-1-89) Santa Monica collects refuse from single-family residences twice weekly, whereas all other cities listed above make collections from single-family residences once/week. Further, Santa Monica charges all customers for both street sweeping and recycling services. With the exception of pasadena's recycling program, none of the cities listed include charges for these additional services in the refuse fees. FOOTNOTES (1) Represents charge for ten units unless noted otherwise. (2) Residential refuse collection is supported by General Fund Revenues. (3) Treated as commercial account if bins are used. (4) 7-1-89 rate increase is anticipated. (5) A commercial rate increase of about 20% is pending. The last general rate increase was 11-1-88. AlSO, three cubic yard bins are used instead of two cubic yard bins. (6) A pilot automated curbside collection program began 10-10-88. 9 (7) The last rate increase was 7-1-88. (8) Torrance collects refuse from single-family residences and duplexes only. Private haulers provide other collection services. (9) Available from private haulers only. 10 CA77-135 - e hereby repealed or modlfied to that extent necessary to effect the provisions of this ordinance. SECTION 3. If any sectlon, 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 validlty of the remaining portlons of the ordinance. The City Council hereby declares that it would have passed this ordinance and each and every sectlon, subsection, sentence, clause or phrase not declared invalld or unconstitutlonal wlthout regard to whether any portion of the ordinance would be subsequently declared invalid or unconstltutional. SECTION 4. 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 officlal newspaper withlD fifteen (15) days after its adoption. The ordinance shall become effectlve after thirty (30) days from its adoption. 1977. ADOPTED and APPROVED thlS 8th day of November LO'Y\",~~~1 JWhJ----- MAYOR - - , ATTEST: ,,-, ~ . :' './ . ~ ~ ~7""y -f..-I ~2_- < - ~ ~ 't ~ CITY" OtERI< - .. ''''-/STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF SANTA MONICA } ) SSe ) -4- Development of a comprehensive solid waste management plan for the City of Santa Monica is an essential endeavor which may, in fact, soon be mandated by state legislation. without such a plan, the City will be unprepared to face a future landfill crisis which will produce a dramatic increase in landfill fees. This report outlines the recommended strategies for the creation of a solid waste management plan, defines the basis for the establishment of a 25 percent solid waste diversion goal for the city over the next four years, and describes several other actions aimed at achieving desirable solid waste policy changes at other levels of government. This report is the result of the efforts of an inter-departmental Solid Waste Task Force which included representatives from the City Attorney's Office, Rent Control, Community and Economic Development, Cultural and Recreation Services, General Services, and the City Manager's Office. The report also represents extensive discussions with solid waste management experts from both the public and private sector. BACKGROUND Solid Waste Disposal Santa Monica's solid waste operation is a self-supporting enterprise, generating virtually all its revenues from the fees charged to residential property owners and businesses in the City. The City provides trash collection services to all Santa Monica residences and approximately 50 percent of commercial/industrial establishments. six private contractors provide service to the remaining commercial/industrial accounts. - 2 - Some of these private haulers pay the city competitive rates to dump at the city's transfer station. In FY1987-88, the city hauled a total of 92,441 tons of solid waste to landfills. Over the last nine years, the amount of solid waste hauled by the city of Santa Monica to landfills has increased an average of 3.5 percent per year. This increase is primarily due to population growth and increasingly wasteful packaging techniques, and has occured despite our current recycling efforts. From 1952 to 1958, Santa Monica incinerated its solid waste at a facility at the city Yards. The incinerator was closed in 1959 by order of the Los Angeles Air Pollution Control District. In 1960, Santa Monica replaced the incinerator with a refuse transfer station and began hauling waste to Mission Canyon landfill located in the Sepulveda Pass. This transfer station greatly reduces the number of refuse trucks traveling on the freeway and increases the cost-effectiveness of Santa Monica's solid waste operation. In 1979, residents living near Mission Canyon successfully lobbied the Los Angeles City Council to close the landfill. Since that time, Santa Monica has been hauling its solid waste to Sunshine Canyon landfill located in Sylmar, 28 miles from Santa Monica. It is projected that the Sunshine Canyon landfill will reach its capacity in 1990 if expansion permits are not granted by Los Angeles County to its current owners. If Sunshine Canyon does - 3 - not receive an expansion permit, Santa Monica will be forced to haul its trash to a more distant landfill site. Santa Monica is fortunate to pay a low tipping fee at the landfill which is currently $189 per trailer (approximately $9.80 per ton). Landfill fees range up to $150 per ton in the eastern united states and up to $40 per ton in other parts of California. Tipping fees will increase an estimated 20 percent effective July 1, 1989, raising the City's cost per ton to $11.43. No landfill will offer the City a contract term longer than one year due to the uncertainty of their status and the likelihood of increased demand for their services. The projected landfill disposal fee as of July 1, 1989 represents approximately 20 percent of the total costs of the City's solid waste management operation. Although Santa Monica's resident population is fairly stable, its daytime working, tourist, and visitor population should continue to grow. New office developments and hotels in process or under construction will impact the amount of refuse produced and require recycling programs aimed at mitigating their impacts. It is projected that the total tonnage of solid waste transported by Santa Monica to the landfill will reach 96,000 tons in FY19B8-89 and 97,000 tons in FY 1989-90. Recyclinq Santa Monica's recycling program was established in 1981 as a part of the refuse operation of the General Services Department. The program is based on drop-off zones for mUlti-family areas, curbside collection for single family areas, and a central - 4 - buyback center for those who wish to sell their recyclables. This current combination of curbside collection and strategically located drop-off zones is estimated to elicit the participation of approximately 30 percent of Santa Monica residents. Even with this high participation rate when compared to the experience of many other cities with recycling programs, Santa Monica's recycling program has thus far been able to achieve only a 2.6 percent diversion of the total waste stream collected by city crews, or about a 2.0 percent diversion of the City's total waste stream. The City's privately-operated buyback center is estimated to divert an additional 3.5 percent of the City's waste stream. This buyback center, located at the City Yards, is operated under contract with the City of Santa Monica by Ecolo-Haul, a SUbsidiary of Waste Management, Inc. Ecolo-Haul buys all of Santa Monica's collected recyclables and is responsible for their sale to secondary material brokers. It is estimated that other private recycling programs and scavengers may divert up to an additional 5 percent of the waste stream. Therefore, the current waste stream diversion by all recycling efforts in the City may be as much as 9.5 percent. In general, no recycling program directly recovers its costs through sales to secondary material brokers. Recycling markets depend on the fluctuating cost of commodities and are very volatile. For example, the amount of recyclables collected by the city had been fairly constant at approximately 2,000 tons per year until recently when the price for recycled newspapers declined, resulting in a decrease in scavenging and an increase - 5 - in the amount of newspaper left in the city's bins. However, during the same period scavenging increased for metal and glass recyclables due to the influence of market prices. The long term benefits from recycling programs are in avoided landfill disposal costs, environmental benefits, and numerous other direct and indirect benefits. DISCUSSION Current proposals in the state legislature would mandate municipalities to create an integrated waste management plan which must contain various waste reduction strategies. This report proposes that Santa Monica adopt such a balanced approach to solid waste management by incorporating methods which reuse, reclaim, and reduce waste as much as possible. The solid waste disposal alternatives which are included in the proposed solid waste management plan for the city are: 1. Waste reduction 2. Recycling 3. Composting 4. Landfilling. Staff will also propose that the efficiency of the current refuse collection and disposal operation be enhanced through the implementation of an automated system on selected City refuse routes. This automated system would not only incorporate operational efficiencies but would lay the groundwork for a more equitable refuse fee structure. Each of these planned elements is discussed below. - 6 - WASTE REDUCTION Waste reduction has as its goal the reduction of wastes generated by the community through such actions as changes in product usage and composition thereby lessening the amount of materials entering the waste stream. Such changes can be accomplished through legislation, modification of public attitudes, and changes in procurement policies by business and government. Legislative efforts must be accompanied by public education efforts, which attempt to change public attitudes through advertising, community outreach, and economic incentives. Product Packaqinq Since 1960, the amount of discarded packaging materials has increased over 80 percent. It now constitutes approximately one-third of solid waste in the United States. While a great amount of creative talent and dollars are aimed at devising packaging that sells a product, virtually no effort is directed at determining what happens to the packaging after it is sold. Although wasteful packaging is a significant solid waste problem, there is not a great deal which Santa Monica can do to reduce the problem in the absence of broader State and federal action. Procurement Policies Developing markets for recycled products is a very critical factor in making recycling work. currently, approximately $600 billion per year or 20 percent of the nation's GNP represents government procurement expenditures. The seven largest office paper users in California are state agencies. Twenty-four states - 7 - and seven local governments have already adopted procurement legislation favoring recycled products. By revising the City's procurement policies to mandate purchase of recycled materials, Santa Monica would help to create additional markets for recycled materials and set an example for other government agencies. Santa Monica should also explore the establishment of joint procurement policies with other cities in the region, thereby fostering the development of broader markets for recycled products. In designing an effective procurement policy, the City would have to review existing purchasing specifications to eliminate obstacles to purchasing recyclables, review product specifications to eliminate unnecessarily stringent criteria, establish minimum content standards, create a viable definition for recycled materials, and encourage vendors to establish and abide by similar purchasing programs. Any additional or expanded City programs undertaken as described above should be accompanied by lobbying efforts at the state and federal levels to increase incentives for the adoption and expansion of recycling programs, discourage the production of non-recyclable and/or disposable products, improve markets for secondary materials, and encourage use of reclaimed rather than virgin materials in the production process. RECYCLING Recycling can be applied to residential, industrial, and commercial materials after they become wastes. Santa Monica's - 8 - present recycling program collects and markets glass, aluminum, bi-metal, newspaper, white office paper, motor oil, and PET beverage containers. MUlti-Family Recyclinq The high percentage (about 80 percent) of mUlti-family dwellings in Santa Monica presents a challenge to achieving a 25 percent recycling goal. Almost all recycling programs found elsewhere in the country are designed for single family areas. It has been repeatedly demonstrated that the more convenient recycling is made for residents, the higher the participation rate will be. In Santa Monica, residents of mUlti-family buildings deposit their recyclables in 100 drop-off zones located throughout the city. Inconveniences may result from drop-off zones located away from a building's refuse bins and by limited space inside dwelling units for collection containers. staff proposes the implementation of two pilot programs designed to generate increased participation and recycling volume in multi-family zones. One program will entail the placement of separate recycling collection containers alongside regular refuse bins on mUlti-family sites with the agreement of the property owner or building manager. The city will also provide specially- designed individual collection containers to participating multi-family residents to facilitate separation of their recyclables. In conjunction with this pilot program, staff will explore the feasibility of providing rebates to property owners who provide - 9 - space for the recycling containers. It is hoped that providing a financial incentive will encourage property owners to participate in this program, thereby resulting in increased recycling convenience for residents of mUlti-family buildings. The second pilot program proposed for mUlti-family zones involves a different recycling approach. This approach will require targeted multi-family buildings to separate all recyclables from their nonrecyclable refuse. The commingled recyclables will then be deposited in a separate compartment of the refuse bin to allow collection and transport to a central sorting facility. There, the commingled recyclables will be separated by material category and sold through established market channels. This proposed program has the potential for a higher success level than the city's current recycling program in multi-family areas due to increased ease of participation for residents. However, this program will also require a higher level of investment by the City for new customized collection bins, additional collection vehicles, additional staff, and greater commitment of sorting facility space at the city Yards. It is proposed that the City'S initial commingled recycling efforts be limited to a selected number of multi-family buildings. Once data on program costs and program results are available, decisions regarding expansion of the program can be considered. single Family Recyclinq The city's current curbside collection program for single family - 10 - and small multi-family residences has been more successful than the City's multi-family program from the standpoint of resident participation. It is proposed that the single family zone efforts be expanded through additional public education and community outreach and through investigation of a more efficient recycling collection container design. Simultaneous with the continuation of the City's curbside collection of recyclables, additional proposals dealing with separated yard waste collection and a "fee-for-waste-volume" rate structure are discussed below. Public Information and community Outreach The proposed mUlti-family recycling programs as well as the other proposed changes in solid waste collection and recycling presented in this report will necessitate implementation of a broad public information campaign to inform residents of the benefits of participation. Outreach strategies will vary from building to building, depending on factors such as size, type of building, and type of onsite recycling implemented. Marketing of the city's recycling and waste reduction programs must be aggressively pursued if the proposed 25 percent waste diversion goal is to be achieved. Additional Drop-Off Zone Locations It is proposed that another promising way to increase recycling participation by employees and residents in the City is through the establishment of additional recycling drop-off zones. Logical locations for the placement of up to 25 additional recycling drop-off zones include supermarket and other private parking lots. The potential loss of parking spaces in these - 11 - lots from the installation of drop-off zones must be evaluated before the zones are established. Participation by both public and private schools and colleges through the approval of recycling drop-off zones in their parking lots should also be encouraged. Placement of drop-off zones at these institutions would provide an opportunity to reach and educate young people about the value of recycling and help expand recycling program participation. Plastics Recyclinq Beginn1ng March 1, 1989, polyethylene terephthalate (PET) beverage containers were added as one of the items which is collected by the City's Recycling Program. At present, PET containers are collected commingled with metal cans. The feasibility of adding HDPE (high density polyethelene) plastic, found in products such as milk jugs and juice bottles, is currently being studied. Plastics constitute an estimated 13 to 33 percent of solid waste by volume, but only about 7 percent of solid waste by weight. Volume is usually the more significant variable since it is directly related to the lifespan of landfill space. More than half of the discarded plastic derives from packaging. Plastic packaging does not decompose and can produce toxic gases when burned. Currently, only one percent of all plastics are recycled, yet the use of plastic consumer items and plastic packaging is rapidly increasing. - 12 - Recent meetings organized by city staff with representatives from the plastics industry have resulted in several proposals for reducing the impact of polystyrene (styrofoam) litter on Santa Monica streets and beaches and reducing the volume of plastics in landfill wastes. At least one plastics recycler has agreed to accept post-consumer (dirty) polystyrene for reprocessing. A pilot polystyrene recycling program for a large fast food restaurant in Santa Monica is also expected to be implemented by this summer. staff is working to develop a more comprehensive polystyrene recycling program in cooperation with plastics industry representatives and Santa Monica businesses. The program which is envisioned would recycle a significant amount of post-consumer and industrial polystyrene in the city. At this time, staff believes that an effective polystyrene recycling program is preferable to legislative action banning polystyrene use since a polystyrene ban would very likely result in the substitution of a packaging material which is not recyclable. If polystyrene packaging were replaced with "biodegradable" materials, serious questions would need to be raised about how these degradable products will ultimately affect the environment. Scientific evidence shows that most materials expected to biodegrade in landfills are not in fact decomposing or are releasing toxic substances into the air and ground during the decomposition process. If staff's current discussions with plastics industry representatives do not result in an appropriately aggressive recycling program, the city should reevaluate its strategy on the plastics packaging issue. - 13 - Commercial and Industrial Recyclinq The adoption of City policies to promote recycling in commercial and industrial occupancies is made difficult by the fact that only 50 percent of commercial refuse collection is currently provided by the city. To achieve a 25 percent waste diversion goal, it is important that city businesses and industries are included in a comprehensive recycling program. At the same time, however, the City must be careful not to diminish competitiveness with private haulers. The approach which has been taken by the City up to this point is to promote voluntary recycling efforts for selected materials such as glass from restaurants and bars. An alternative approach could involve the establishment of specific recycling requirements for all businesses whether collected by City or private refuse haulers. This alternative entails a complex set of legal and logistical issues which would need to be examined thoroughly prior to implementation. Given the complexity surrounding commercial recycling, staff proposes that the feasibility of commercial recycling alternatives be studied during the next fiscal year so that specific recommendations can be presented to City Council for consideration. One of the work efforts which will be carried out as a part of this feasibility analysis will include a detailed waste characterization study to provide data on the proportion of marketable components within the City's commercial/industrial waste stream. staff will also continue discussions with small and large businesses to elicit their support for current and proposed voluntary recycling programs. - 14 - Recyclinq Requirements for New Construction General Services and Planning Division staff are developing a proposed ordinance requiring all new developments which exceed a specific size threshold to provide recycling systems and operational recycling plans in their final development design. It is anticipated that a staff report containing recommendations on this issue will be presented to City council within the next 60 days. YARD WASTE COMPOSTING Yard waste composting is a solid waste reduction process applied to organic materials in the waste stream. Through biological action, these organic materials are converted into a usable soil conditioner known as compost. The major advantage of composting is that it can be accomplished through the application of a relatively simple technology and that the compostable materials (yard waste) can be easily separated from other solid waste. It is estimated that a yard waste program in Santa Monica could divert from 10 to 20 percent of the City'S solid waste stream. Diversion of yard waste through composting is probably the single most important means by which the volume of materials hauled to the landfill can be reduced. The success of such a program would depend on identifying a suitable composting site and markets to accept and use the material. Even if a market for the material cannot be found, the composting process reduces volume and weight of the waste by over 50 percent. At present, no yard waste collected by the City'S sanitation crews is diverted from the landfill. A pilot composting facility - 15 - was operated on Santa Monica Airport property between 1986 and 1988 and produced several hundred tons of compost from the Parks and Cemetery Divisions' landscape waste and tree trimmings. Given the tremendous potential benefits to be gained from composting, City staff has begun an in-depth analysis of the feasibility of reestablishing a composting facility in Santa Monica. Clearly, for a highly urbanized community such as Santa Monica, composting is made more difficult because of siting constraints. Staff has identified potential sites for the establishment of a composting facility which could provide adequate space for the operation and allow mitigation of adverse impacts to neighborhood residents and businesses. Two of these potential composting sites are located on Santa Monica Airport property and the third site could be established at the city Yard by relocating some existing uses. staff also proposes to meet with representatives of neighboring jurisdictions to examine the feasibility of a shared cornposting facility located at a site outside of Santa Monica. Another problem associated with establishment of a composting facility is development of a market for the composted material. In an attempt to identify existing markets or creation of new markets, staff has contacted soil amendment companies in the Los Angeles area and has received a response from at least one of these companies which is interested in using the finished compost product from Santa Monica. It is critically important that a market for the compost be identified prior to the establishment - 16 - of the facility since a significant investment would be required for equipment and personnel at the compost facility, as well as equipment and personnel to collect separated yard waste from Santa Monica residents. One option which is being investigated by City staff would involve only a one-step processing of yard waste through a large grinder. The resulting unfinished product could then be marketed to established composting companies for final compost processing at their site and inclusion in their marketed soil amendment products. A grinder-only operation would require considerably less space than a full composting facility. Implementation of a composting program will also require a partial restructuring of current refuse collection procedures. For example, each single family house or mUlti-family building would be required to separate their yard waste from the rest of their refuse for collection and transport to the composting facility. The current disposal practices for City-generated landscape waste and tree trimming debris would also need to be changed. These changes in the refuse collection operation would involve additional initial costs for purchase of equipment and hiring of additional staff. In the long run, however, these additional investments would result in significant avoided hauling costs and landfill disposal fees. Since establishment of a composting facility involves significant modifications to our current solid waste practices and presents a complex set of siting issues, it is proposed that the services of - 17 - a professional consultant be retained to assist and advise City staff as to the most cost-effective means to pursue this important objective. LANDFILLING For the forseeable future, landfilling will remain an essential part of an integrated solid waste management plan. Current regulations require landfills to provide daily cover, landfill liners, leachate control, landfill gas collection systems, and environmental monitoring. Siting of landfills has become increasingly difficult due to opposition from surrounding residents, space requirements, and environmental hazards. The state's Waste Management Board estimates Los Angeles County will begin to experience the same type of landfill crisis as has become commonplace in other states during the last few years as existing landfills reach capacity and siting of new landfills becomes more difficult. It is estimated that most California cities will face closure of their present landfills within the next 10 years. As a result, cities will have few options but to implement alternative solid waste management strategies. INCREASED EFFICIENCY OF REFUSE COLLECTION AND DISPOSAL A more efficient refuse collection and disposal system in single family areas can be accomplished through implementation of automated collection in conjunction with an increase in recycling collection service from once every two weeks to once per week. Many cities have implemented automated refuse collection, a - 18 - system where the sanitation worker remains in the truck throughout the collection process. Automated collection also has the advantage of providing a means to offer financial recycling incentives to single family and small multi-family buildings. These financial incentives would be possible since the different sizes of standardized containers which will be provided by the City to residents as a part of automated collection service would allow establishment of a ufee-for-volume" rate structure. This fee-for-volume system will charge residents based on the size and number of containers which they request. Rates would therefore more closely reflect the actual waste disposal service which each resident receives from the city. Corollary benefits to the city from automated collection are lowered operating costs resulting from increased efficiencies; reduced injury hazard to employees; and a cleaner, more efficient collection process. Currently, three single family refuse collection routes service 4,950 single family homes. It is projected that automated collection would allow the city to consolidate the three existing routes into two routes. Another benefit from automation would be obtained from the conversion of the present twice weekly refuse collection service in single family zones to a system of once per week regular trash collection and once per week recycling collection. This change to once per week regular trash collection and once per week recycling collection is consistent with staff's projection of increased recycling participation in single family areas once the new proposed programs are implemented. - 19 - A comprehensive community education program explaining the benefits of these proposed changes would be undertaken before the implementation of the new automated system. The most important component of the public outreach efforts will entail assisting residents in choosing the standard refuse container size which best meets their household's needs. Automated collection requires significant start-up costs for both new trucks and purchase of the standardized containers which the City will provide to single family and small mUlti-family residences. It is projected, however, that in the first year following implementation of the automated trash collection system annual savings for increased operating efficiencies will begin to accrue to the City. CONCLUSION The proposed solid waste management plan which is described in this report lays the foundation for the accomplishment of a 25 percent diversion of the city's solid waste stream over the next four years. Each of the program enhancements which is discussed will require the commitment of financial resources from the city's Refuse Fund and will consequently impact the level of refuse rate increase which is necessary to maintain a positive fund balance over the next two years. A staff report has been distributed to Council which outlines the current financial status of the Refuse Fund and recommends a rate increase sufficient to finance the operations of the enterprise through the next two fiscal years. The specific costs associated - 20 - with the enhancements summarized above are detailed in the staff report. The rate adjustment which is reco~~ended incorporates the two year costs of these enhancements. The staff report also discusses some of the remaining unknowns which could impact the fiscal needs of the Refuse Fund within the next two year planning period. Prepared by: stan Scholl, Director of General Services Neil Miller, Maintenance Manager Craig Perkins, Administrative Services Manager Susan Munves, Administrative Analyst - 21 - RESOLUTION NO. 7826(CCS) (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REVISING FEES CHARGED FOR GENERAL CITY SANITATION SERVICES, SANITATION BIN RENTAL AND ROLL-OUT SERVICES WHEREAS, Municipal .Code section 5233 allows fees for general City sanitation services to be set by resolution; and WHEREAS, Municipal Code Section 5228D allows fees for city sanitation bin rental and roll-out fees to be set by resolution; and WHEREAS, a study has determined the need to increase all sanitation fees so that the city can recover its costs for providing sanitation services; WHEREAS, it lS in the best long-term lnterest of the City to adopt a cOJl1prehensive solid waste management plan with . enhanced recycllng and waste reduction programs; and WHEREAS, the fees established by this Resolution are no more than necessary to recover the costs of the services provlded, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The charges for sanitation service, as provided for In Municipal Code Section 5233, shall be as follows: Type of Service Monthly Charqe $ 14.63 per unit Residential Slngle Family 1 - MUlti-Family Apartments, 2-50 units Apartments, 51-100 units Apartments, 100 or more units $ 7.40 per unit $ 6.73 per unit $ 6.22 per unit Boarding Houses, Sleeping Rooms $ 6.22 and Miscellaneous services Water Accounts Not Using city Refuse Service $ 9.74 Business and Commercial without Approved Bins Twice Weekly Three Times Weekly Six Times Weekly Customers $ 30.00 per 1/2 cubic yard $ 44.96 per 1/2 cubic yard $ 89.93 per 1/2 cubic yard Business and Commercial Using 2 Yard Blns TWlce Weekly Three Times Weekly six Times Weekly Customers $ 66.82" $100.18 $200.37 SECTION 2. The fees for bin rental from the city, as provided for ln Munlclpal Code Section 52280, shall be as follows: Type of Bin Frequency of Collection Twice Weekly 6 Times Weekly 2 cubic yard $lO.60/month $31. 78/month SECTION 3. The fees for roll-out charges, as provided for in Municipal Code section 5228D, shall be as follows: Twice Weekly Collection six Times Weekly Collection $14.97/month $44.70/month SECTION 4. The fees which are established by this Resolution shall become effective on July I, 1989. SECTION 5, Upon the effective date of this Resolution, all Resolutions'of the Clty Councll of the City of Santa Monica inconsistent with the provislons of this Resolution, to the - 2 . - extent of such inconsistencies only and no further, are repealed or modified to the extent necessary to affect the provisions of th1s Resolution. SECTION 6. The city Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: .~~~ ROBERT M. MYERS City Attorney - 3 Adopted and approved this 20th day of June, 1989. ~~ Mayor Pro Tempore I hereby certify that the foregoing Resolution No. 7826(CCS) . was duly adopted by the City Council of the City of Santa Monica at a meeting thereof held on June 20 I 1989 by the following Council vote: Ayes: Councilmembers: Abdo, Genser, Katz, Jennings, Reed, Mayor ,pro Tempore Finkel Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Counci1members: Mayor Zane ATTEST: Cllfrk