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city council Meeting 11-23-93 Santa Monica, California
STAFF REPORT
TO: Mayor and City Council
FROM: city Attorney
SUBJECT: Ordinance Amending the City'S Solid Waste Ordinance to
Allow Voluntary participation in a Fee For Use Program
to Collect and Dispose of Small Business Hazardous
Waste
At its meeting on November 9, 1993, the City council
introduced for first reading an ordinance amending the City'S
Solid Waste Ordinance to allow voluntary participation in a fee
for use program to collect and dispose of small business
hazardous waste.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Joseph Lawrence, Acting City Attorney
Martin T. Tachiki, Deputy City Attorney
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City Counc1l Meet~ng 11/23/93 Santa Monica, Californ1a
ORDINANCE NUMBER 1713
(C~ty Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
AMENDING THE CITY'S SOLID WASTE ORDINANCE
TO ALLOW VOLUNTARY PARTICIPATION IN A FEE
FOR USE PROGRAM TO COLLECT AND
DISPOSE OF SMALL BUSINESS HAZARDOUS WASTE
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 5.08.010 of the Santa Monica Municipal
Code 1S amended to read as follows:
Section 5.08.010. Definitions. The
following words or phrases as used in this
Chapter shall have the following mean1ngs:
(a) Building Rubbish. BUilding rubbish
~s the waste material from con5truct~on,
replacement, remodeling, repa1r, or demolition
of structures, and includes, but ~s not
lim~ted to, such rejected materials and
fixtures as earth, stones, bricks, plaster,
glass, lumber, roofing materials, shingles,
concrete, plumbing fixtures, pipes, heating
systems, and electrical mater1als.
( b) C~ty. The city of Santa Monica.
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(c) Dwelling. A structure or port~on
thereof which 1S used prlnc~pally for
resldential occupancy.
( d) Dwelling Unit. One or more rooms
deslgned, occupled, or intended for occupancy
as separate liv~ng quarters.
(e) Garbage. Garbage is animal and
vegetable waste resulting from the handling,
preparation, work~ng, and service of food and
of a type wh~ch orlginates primarily ln
kitchens, stores, restaurants, hotels, and
other places where food ~s cooked, stored, or
consumed. The term "garbage" shall not
include wlth1n 1ts meaning food processing
wastes from canneries, slaughter houses,
packlng plants, or similar industrles, nor
condemned food products or animal shells.
( f) Hazardous Waste. Hazardous waste lS
those substances defined by applicable
federal, state or City law and regulations.
(g) Industrlal Waste. Industrial Waste
is solid waste materlal from factories,
processlng plants, or other manufacturing
enterprises, and shall include, but not be
lim1ted to, condemned foods, lumber scraps and
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shav1ngs, plaster cases, and m1scellaneous
manufacturing refuse.
(h) Qual1fied Businesses. Qualified
Businesses shall mean any business which
generates less than one hundred (100)
kilograms of hazardous waste or less than two
(2) kilograms of extremely hazardous waste per
month as defined by federal or state law.
(i) Recyclable Material. Recyclable
material is any waste materl.al which can be
reused or reprocessed to produce a useable
material and which is designated by the
Director of General Servlces as recyclable
material. Recyclable material may include
wastes def~ned as building rubb~sh, garbage,
industrial waste, hazardous waste, or rubbish.
(j) Refuse. Refuse 15 garbage, rubbish,
bUllding rubbish, and industrial waste.
(k) RubblSh. RubblSh J.5 paper,
cardboard, books, magazines, rags, clothing,
paper cartons, wooden crates, wooden boxes,
mattresses, rubber, linoleum or asphalt tile,
excelsior, carpet sweepings, cut hair, vacuum
sweepl.ngs, wrapped garbage, grass, weeds,
leaves, yard tr ilmnngs , and other similar
articles or mater1als; ashes, broken glass,
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crockery, bottles, tin cans, metal containers,
bed springs, ::letal furniture, :11scellaneous
metals, and all other sim~lar articles of
mater1alsj tree branches, brush, palm fronds,
wooden furn~ture, and all other similar
materials which will burn by contact w1th
flames of ordinary temperature after being
dried to proper moisture content. Rubbish
shall not include automobile and truck bodies,
chass~s, and engl.nes~
SECTION 2 . Section 5.08.150 of the Santa Monica Municipal
Code 1S amended to read:
Section 5.08.150. Collection of refuse.
(a) The Director of General Services ~s
hl.S or her discretion shall determl.ne what
refuse mater1als shall be collected. The
Director's discret~on shall be based upon hlS
or her evaluat10n of the burdens of
collect1on, capacity of existing City
equipment to handle such materlals, and the
convenience of the public. BU11ding rubbish
generated by homeowner operations l.n small
remodellng projects may be collected by the
C~ty, 1f placed in a container, the combined
weight of WhlCh does not exceed forty (40)
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pounds. Building rubbish generated by
building con-cractors shall not be collected.
The Director of General SerV1ces shall
determine the appropriate collection system
for refuse. City-owned containers may be
provided for refuse disposal and use of such
containers may be made mandatory in certain
areas of the city.
(b) Except as provided ~n subsection ( c)
below, hazardous was~e shall not be deposited
in any conta~ner for refuse, garbage, rubbish,
recyclables, or industrial waste. Hazardous
waste shall be disposed of only according to
applicable provis.lons of federal, state, and
City law and regulations.
( c) The Director of General Services may
1n h1S or her discretion establ.lsh a program
for the City collection and management of
hazardous waste generated by qualified
businesses located within the city.
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SECTION 3. Section 5.08.255 of the Santa Monica Municipal
Code is added to read:
Sect~on 5.08.255. Fees for Collection of
Hazardous Waste.
The city may establish fees for the
collection and management of hazardous waste
generated by qualified businesses by
Resolut1on of the City Counc11.
SECTION 4. Any prov1sion of the Santa Monica Municipal Code
or appendices thereto ~nconsistent with the provisions of this
Ordinance, to the extent of such inconsistenc1es and no further,
are hereby repealed or modif1ed to that extent necessary to effect
the provisions of this Ordinance.
SECTION 5. If any section, subsect1on, sentence, clause, or
phrase of this Ordinance 15 for any reason held to be J.nvalid or
unconstitutional by a deCJ.sion of any court of competent
jur~sdict~on, such decis10n shall not affect the valid~ty of the
remainJ.ng portions of thlS Ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each and
every sect1on, subsection, sentence, clause, or phrase not declared
invalid or unconstltutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or
unconstitutlonal.
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SECTION 6. The Mayor shall slgn and the City clerk shall
attest to the passage of this Ord~nance. The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after ~ts adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
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JOSEPH LAWRENCE
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.;\dopted and approved thIS 2.3::::d day of :;!ovember .1993
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VtMayor
I hereby certIfy that the foregomg Ordmance No li13 was duly and regularly
mtroduced at a meetmg of the City CouncIl on the 9th dav of ::Jovember .
1993. that the saId Ordmance was thereafter duly adopted at a meetmg of the CIty Councu
on the 23rd day of November .1993 by the followmg vote
AYES Counc~l~ernDers Abdo, Genser, Greenberg, Olsen, Rosenste~n
NOES
ABSTAIN
ABSENT Counc~l~ernbers Holbrook, Vazquez
ATTEST
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