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SR-8-D (32) 8>-]) 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. - 1 - ~~ .:. bj~9J 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. - 2 - 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. - 3 - 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 - 4 - 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 - 5 - 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 - 6 - 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 - 7 - 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 =~~ .&_-.""'- -- -~ -...... ~_ ~__~~___ ~~~on ~....I- ......___..a._.._ _____ __~ ~~~o~ _~ m~~'_ ~~ _~ .~_ n_'~&___~_ '1004......... ...,.....'""......~ ...,..... ................ 6.1~ ........ .........._ _.......~....._..........~_ ']\".;J_':_':: _....__.....: ...._ ~~_..............~- _.&. -. -.... ..- ,,_....:3_ __ --......- -..... . ...... ....lo.~ ........'- y..:_..... ........-.... _s:: '1"'1._': __.: _... ......... ...... ...-- --.z n____.:_ '1"'Il_"........__~_ __ __..:_~_.:__...i:JI __~ ..._..:I_.._~ ......-...."='-.......~""'" ... _....................Iioo4-........._ ......- ....L............_........",.._....... -.....- -.t'-....--- ......... .......- TT_': .....-....::1 ~__...___ ~_....: __________, n__.&-__.&-":__ -.z. -....- _.....--~ --.......--- .........-......-......-.....---... .....-------... '71.____..- ...~"='_...._,I JL'1 ':':1('::: by :~iJ~ ~ ..:.Jl.: I- fl....]'.,f!' 1 , ~:lt.l ::e>dr ~ :- ..... Clty 1..... a;:...: l'CrJ.d~ltJ..11;1, 2 (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;'. > ;. ;. ~ (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 1 :;r t.ho ":, ty ..::.; 11 ':..!:;t. I on .~:l-~ r"'. HI u,wrt:nt 01 to -li.' rd....l. ~ "".1 .: ~ t.~ CJt.-- I. J ,It r~1 l;Y ~ ..J..1I i:: ll'd bl.~ i rm:>~':'; I";; 'ra L .'U ",,' J t I. : r. ' th~.' C', ..... . .. . . 5 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 , I ~_. J S~p}r~~~R;~E--- .~. i " 7 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 - 1 - 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: ~\ - ~ x-\ -,-', ( ~^ -' '. (">", k ~ . }..L\:. '~u T-C.J..- I~ '-k , - " ~ _ '"^- - JOSEPH LAWRENCE ~ting Clty Attorney - 2 - 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 / ---~