SR-8-D (32)
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NfjV - 9 1993
CM:CP:BJ:srcesqg2
council Meeting: November 9, 1993
Santa Monica, California
To:
Mayor and City Council
From:
City Staff
Subject:
Recommendation to Adopt Amendments to 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 and to Adopt
a Resolution Establishing Fees for the Program
INTRODUCTION
This report recommends that City Council adopt for first reading
the proposed amendments to the city's solid waste ordinance to
allow voluntary participation in a fee for use program to collect
hazardous waste from eligible Santa Monica businesses at the
city's Household Hazardous Waste Collection Facility. In
addition, this report recommends adoption of a proposed
resolution which establishes fees for the program.
DISCUSSION
In California, all businesses which generate hazardous waste,
regardless of their size, are required to meet complex and
stringent federal and state waste management regulations. Large
businesses whlch generate hazardous waste generally maintain
expert staffing and resources to ensure compliance with hazardous
waste management regulations. Hazardous waste contractors,
transporters and disposal facilities are geared to serve
bus1nesses which generate large and consistent quantities of
hazardous waste.
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Alternatively, it is often beyond the capability of small
businesses to meet the economic and administrative burden of
compliance with hazardous waste laws. As a result, there are
numerous incidents of improper hazardous waste disposal by small
businesses, including disposal into storm drains or the municipal
solid waste stream. Currently, there exists minimal enforcement
by county, state or federal agencies on small quantity
generators, as enforcement is consistently focused on larger
generators.
In 1990, California passed legislation (AB 2641) to allow
operators of household hazardous waste facilities to accept
hazardous waste from small businesses on a fee for service basis.
Participation is limited to businesses which generate less than
100 kilograms (approximately 220 pounds or 30 gallons) of
hazardous waste per month. The ability to participate 1n
household hazardous waste (HHW) events not only provides these
businesses access to economically feasible and legal waste
dlsposal opportunities, it decreases the risk to sanitation
workers who may become exposed to illegally disposed waste and
improves the local environment.
The city currently operates a permanent household hazardous waste
collection program which is capable, with existing staff, of
providing service to small businesses on a tee-tor-use basis.
Modification of the city's facility permit to allow small
business participation has already been granted by the California
Department of Toxic Substances Control, which has permit
authority for this activity.
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In recognition of the conditions noted above, city Council
dlrected the city Attorney to amend the City's solid waste
ordinance to allow collection of fees for this voluntary program.
Please see Attachment A which presents the proposed amendments to
the ordinance.
staff envisions a phased approach to program implementation,
beginning with acceptance of specified waste streams (such as
paint wastes from small painting contractors) on an appointment
basis to regulate the daily volume of waste. Based upon
similar programs in other jurisdictions, staff antlcipates
participation of ten to fifteen businesses per week. Business
waste will be accepted each day after the facility is closed to
residential participants, thereby minimizing the impact of
potential increases in traffic around the facility.
Participating businesses will transport their waste to the
Household Hazardous Waste Facility. In compliance with state
regulations, a business may transport no more than five gallons
or fifty pounds per trip to the facility (this is the same
restriction applied to residential participants). staff will not
provide waste pick up service.
As the program becomes established, other mater1als such as copy
machine waste from small offices, photographic wastes, solvents,
pesticides and corrosives would be accepted. The types of
bus1nesses which commonly participate in this type of program are
paintlngjbuilding contractors, property managers, school
districts, private schools, graphics and print shops and
landscape contractors.
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To minimize the City's liability, staff will maintain
comprehensive records to document the business' status as waste
generator and to verify eligibility, waste types and state
hazardous waste generator identification numbers. The data
collected from this program will also assist in the enforcement
of related hazardous materials programs administered by the city,
including the industrial waste control and community
right-to-know programs.
council directed that fees be established by resolution so that
the City will be better able to respond quickly to future
unforeseen cost increases associated wlth the collection and
disposal of hazardous waste.
staff has developed a resolution establishing a proposed schedule
of fees to be charged to businesses which participate in this
program. The fees are set at a level that allows program costs
for waste management, testing, packaging, transportationJ
recycling/disposal, facility overhead and administration to be
fully reimbursed by participating businesses. The fee will be
comprised of two components: a flat $45 transaction fee that will
be assessed to each business per transaction to cover the city's
adminlstrative and waste preparation costs; and, a per gallon
transportation and disposal charge which is determined by the
type and hazard class of the waste generated by a business.
Costs for specific waste categories range from six dollars per
gallon of paint to $40 per gallon for more hazardous types of
waste such as acids, pestlcldes and banned materials. Please see
Table 1 for a more complete list of proposed fees. It is
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anticipated that the majority of businesses will pay less than
$100 per drop-off to dispose of their waste through the program.
Payment will be accepted by check only.
The proposed fees constitute approximately 50% to 70% of the
costs that would be incurred by a business if it were to utilize
a hazardous waste transporter/disposal company directly.
Table 1
Proposed Schedule of Fees for Hazardous Waste Disposal
Hazardous Waste Type Cost per Gallon
Paint $6.00
Flammable Solids and LiqU1ds $17.00-$24.00
Poisons $29.00 -$39.00
Corrosives $21.00
Chlorinated Solvents $25.00
Compressed Gas Cylinders $5.00 each
Waste Oil $1.00
Engine Coolant $1.00
Hazard Category Testing $15.00-$50.00
The proposed program concept has been discussed with the Chamber
of Commerce and has received a very favorable response. In
addition, numerous Santa Monica businesses who would be eligible
for this program have contacted staff expressing their support
and interest in such a program. A recent survey conducted by the
City of Anaheim found that approximately 45% of all small
businesses would definitely be interested in a City-sponsored
hazardous waste collection and disposal program. While many
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other California jurisdictions are exploring similar programs for
small businesses, only the counties of Santa Barbara and Marin
currently offer hazardous waste collection services to small
businesses.
BUDGET/FISCAL IMPACT
It is anticipated that approximately 500 small businesses will
participate annually, generating an estimated $50,000 in fee
revenues per year. These revenues will be offset by increased
expenditures for drums, packaging materials, testing equipment,
transportation and disposal services and advertising/business
outreach. Revenues from the program will be allocated to
revenue accounts in the Refuse, Water and Wastewater funds based
upon their current proportionate level of financial support for
operation of the collection facility.
Given the current uncertainty as to actual participation and
final revenue and expenditure impacts, it is proposed that no
revenue or expenditure account adjustments be made at this time.
staff will monitor expenditures and revenues once the program is
implemented and return to Council in the event adjustments are
required.
RECOMMENDATIONS
Staff recommends that City Council adopt for first reading 1) the
proposed amendments to the City's solid waste ordinance to allow
voluntary participation in a fee for use program to collect
hazardous waste from ellgible Santa Monica businesses at the
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City's Household Hazardous Waste Collection Facility and 2) the
resolution which establishes fees for the program.
Prepared by: Craig Perkins, Director of General Services
Brian Johnson, Environmental Coordinator
Attachments
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CA:MT:wpfiles\laws\hazfee4
City Council Meeting 11/9/93
Santa Monica, California
ORDINANCE NUMBER
(city council series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
AMENDING THE CITY'S SOLID WASTE ORDINANCE
TO ALLOW VOLUNTARY PARTICIPATION IN A FEE
FOR USE PROGRAM TO COLLECT AND
DISPOSE OF SMALL BUSINESS HAZARDOUS WASTE
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1.
Section 5.08.010 of the Santa Monica Municipal
Code is amended to read as follows:
Section 5.08.010.
Definitions.
The
following words or phrases as used in this
Chapter shall have the following meanings:
(a) Building Rubbish. Building rubbish
is the waste material from construction,
replacement, remodeling, repair, or demolition
of structures, and includes, but is not
limited to, such rejected materials and
fixtures as earth, stones, bricks, plaster,
glass, lumber, roofing materials, shingles,
concrete, plumbing fixtures, pipes, heating
systems, and electrical materials.
(b) City. The City of Santa Monica.
1
(c)
Dwelling.
A structure or portion
thereof
which
is
used
principally
for
residential occupancy.
(d)
Dwelling Unit.
One or more rooms
designed, occupied, or intended for occupancy
as separate living quarters.
(e)
Garbage.
Garbage is animal and
vegetable waste resulting from the handling,
preparation, working, and service of food and
of a type which originates primarily in
kitchens, stores, restaurants, hotels, and
other places where food is cooked, stored, or
consumed.
The term "garbage" shall not
include wi thin 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 =~~
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(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.
(h)
O~Hll111 cd D.,';inm.~~c~~~.
Qu~lilic:.d
r~.Js~n'''''.-:=''r. .lh':! .-....1. .~T1~ L~...lllC"..t. lIl.:iicn
qcm-r-l'tl:f': !t~~~:J t:l m CJ~lU ~1~~nur(.;':l (l~~)
kl1c~I.lm.. 0; t~':I".ltdJh:"':; ~",,':.;LC! u:!:' h ~:;= lh HI t.'Ol:O
(2; k.:. ~C.]l' cl:.~ :) t (')I: t. n.'m'~:~' ':.ll' oj 1-.j.)I.J "".., t:~ C! pl~r
I"';,mt~ 'W 'def=nC'J kr It.:..:o::t.."!. !H ;=t="-:c 1;]'01;'.
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(i)
Recyclable Material.
Recyclable
material is any waste material which can be
reused or reprocessed to produce a useable
material and which is designated by the
Director of General Services as recyclable
material.
Recyclable material may include
wastes defined as building rubbish, garbage,
industrial waste, hazardous waste, or rubbish.
(j) Refuse. Refuse is garbage, rubbish,
building rubbish, and industrial waste.
(k)
Rubbish.
Rubbish is paper,
cardboard, books, magazines, rags, clothing,
paper cartons I wooden crates, wooden boxes,
3
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 2. Section 5.08.150 of the Santa Monica Municipal
Code is amended to read:
Section 5.08.150. Collection of refuse.
(a) The Director of General Services is
his or her discretion shall determine what
refuse materials shall be collected. The
Director's discretion shall be based upon his
or her evaluation of the burdens of
collection, capacity of existing City
equipment to handle such materials, and the
4
convenience of the pUblic.
Building rubbish
generated by homeowner operations in small
remodeling proj ects 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
containers may be made mandatory in certain
areas of the City.
(b) ::x(' o::"pt l.h; ;. -~.... ~~f~:J 1 ~i :.llh.(. ...:llor: (;.:j
br.1Cn, ~.,lzardous 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.
(Cj ;'~I": _.1n'_;t~lr c~r !:('n'rd: ~1.~.t;""':'CC'fi m.lY
in ~: 1 ~~ cr tll"J. J~ r Ct.r ~ _(";1 l ::".,.:1:;: I.:.a .1. Ia orJrl1m
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SECTION 3. section 5.08.255 of the Santa Monica Municipal
Code is added to read:
Sc~tjcn ~.08.2~~. Fees for colloction of
Hazardous Waste.
I'he City :-..~y c-~t..sb~:'Gh U"r~~ [or tl:c
~:ml b:!.:t it;n ard, nl3~. .'~'~r."("I.t uJ h.l?.'l da1iFi i,jI~r.to
qo:-ncr.l tl':j
1:.y
q I:'') li { In}
t'.H" :'1L.~'SC~
r;~'
Rt.:.;c: I 'I....! ..::1 ,~ l tt~u !"I j ~.l 'I,.: ...l. ii:'- J 1 ..
SECTION 4. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to effect
the provisions of this Ordinance.
SECTION 5. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or
unconstitutional.
6
'. .
SECTION 6.
The Mayor shall sign and the city Clerk shall
attest to the passage of this Ordinance.
The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
'4 . i
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RESOLUTION NUMBER 8681
(Clty Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING FEES FOR
THE COLLECTION AND MANAGEMENT OF HAZARDOUS WASTE GENERATED BY
QUALIFIED BUSINESSES
WHEREAS, the city Council of the city of Santa Monica
adopted Ordinance Number
1499
(CCS)
on November 14, 1989
establlshing fees for sanitatlon services; and
WHEREAS, Sectlon 5.08.255 of the Santa Monica Municipal Code
enables the C1 ty Councll to set fees for the collectlon and
management of hazardous waste generated by qualified businesses,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1.
The following fees are hereby established
pursuant to Santa Monlca Municipal Code Sectlon 5.08.255:
Proposed Schedule of Fees for Hazardous Waste Disposal
Hazardous Waste Type
Cost per Gallon
Paint
$6.00
Flammable SOllds
and Liquids
$17.00-$24.00
$29.00-$39.00
Poisons
Corrosives
$21. 00
Chlorinated Solvents
$25.00
Compressed Gas Cylinders
$5.00 each
~iaste oil
$1.00
Englne Coolant
$1.00
Hazard Category Testing
$15.00-$50.00
Flat Fee Per Transaction
$45.00
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Sectlon 2. All fees shall be paid by the buslness at the
time of dispos1tlon.
Section 3. The City Clerk shall certify to the adoptlon of
thlS Resolutlon, and thenceforth and thereafter the same shall be
In full force and effect.
APPROVED AS TO FORM:
~\ - ~
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-' '. (">", k ~ . }..L\:. '~u T-C.J..-
I~ '-k , - " ~ _ '"^- -
JOSEPH LAWRENCE
~ting Clty Attorney
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Adopted and approved tlus
9th
dav of
November
.1993.
(2 (,i/t
f{..- - Mayor
I hereby certIfy that the foregomg ResolutIon No. 8681 was duly adopted at a
meetmg of the CIty CouncIl on the
9th
davof November
.1993 by the
followmg vote:
AYES.
CounC1lmember Abdo, Genser, Greenberg, Holbrook,
Olsen, Rosenste1n, Vazaquez
~OES:
ABST AlN
ABSENT
A. TTEST
/' /' ~i
__/~~L-. b L4~
~ CIty Clerk /
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