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Home My WebLink AboutCC ORD 1992-2029 Adds Ch. 9.52, mandatory recycling program (9.52)ORDINANCE NO. 9 2- 2 0 2 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING CHAPTER 9.52 TO THE NATIONAL CITY MUNICIPAL CODE, TO ESTABLISH A MANDATORY RECYCLING PROGRAM WITHIN THE CITY BE IT ORDAINED by the City Council of the City of National the City Council does hereby add Chapter 9.52, entitled "Mandatory City that Program," to the National City Municipal Code, to read as follows Recycling follows: Chapter 9.52 Mandatory Recycling Program Sections: 9.52.010 Definitions. 9.52.020 Separation of recyclable materials. 9.52.030 Mandatory recycling implementation schedule. 9.52.040 Mandatory recycling enforcement. 9.52.050 Designated recyclable materials. 9.52.010 Definitions. Whenever in this chapter the following terms are used, they shall be deemed and construed to have the meaningascribed ascrbed to such respective terms in this section: A. "Cardboard" means post -consumer waste corrugated papergrade p cardboard (#11), kraft (brown) paper bags or solid fiber boxes whic h have served their packaging purposes and are discarded and can later be reclaimed for collection and recovery for recycling. B. "Commercial recyclables" means recyclables from the two commercial subcategories of office buildings (of more than 20,000 sq. q ft.), as identified in Section 9.52.050. C. "Commercial solid waste" means solid waste originating from stores, office, and other commercial sources, but does not include construction and demolition waste. D. "Commercial unit" includes each building and space primarily used for distributing and selling goods, wares, merchandise and services. E. "Construction waste" means the demolition, dredging, grubbing, and the rubble resulting from construction, remodeling, repair and demolition activities on housing, commercial or governmental building and any other structure and pavement. F. "Curbside collection" means the collection of recyclables from the residential waste stream from curb or alleyway. G. "Designated recyclable materials" means materials that are recyclable and/or reusable within the following categories of residential, commercial (office and hospitality), and industrial as defined more specifically within each category as listed within this ordinance. H. "Garbage" means organic refuse and waste or fruit, vegetable and animal matter prepared and intended for human consumption, and not so used. I. "Glass bottles and jars" means food and beverage glass containers including container glass covered by the deposit law, and excluding household and kitchen containers such as drinking glasses, cups, and cooking and serving dishes. J. "Hospitality" means any establishment that offers dining services, food or beverage sales. Includes taverns, bars, cafeterias and restaurants, as well as 2 motels, hotels, hospitals, schools, colleges and other establis hments that have dining services or a restaurant or bar on their premises. K. "Industrial recyclables" means recyclables from industry/construction waste streams, as identified in Section 9.52.050. L. "Industrial solid waste" means solid waste originating from mechanized manufacturing facilities, factories, refineries, con struction and demolition projects, publicly operated treatment works, and/or solid wa stes placed in commercial collection bins. M. "Industrial unit" includes each building and space primarily p madly used for producing and making, processing or warehousinggoods, wares and merchandise including construction and demolition activity. Y N. "Landfill" means a disposal system by which solid wa ste is deposited and compacted before burial in a specially prepared area which provides for environmen- tal monitoring and treatment. O. "Metal" means recoverable aluminum, tin and bi-meta l materials such as used beverage containers, siding, and other recyclable manufa ctured metal items. P. "Multiple residential unit" includes: 1. Each building having two or more spaces primarily y used as a separate family dwelling; or 2. Two or more residential units situated on one lot. Q. "Newspaper" means materials printed on newsprint. p t. 3 R. "Odor threshold" means the lowest concentration of odorous matter that produces an olfactory response in normal human beings. Odor threshold s shall be determined in accordance with the American Society for TestingMaterials Test est Method D 1391-57 (reconfirmed to 1967) or in an equivalent manner acceptable to p the CCO. S. "Office," for purposes of this chapter, shall mean any combination of offices or connected buildings of over 20,000 square feet regardless g ss of office affiliation, ownership or occupancy. Includes businesses used for retail, wholesale, professional services, legal services, financial services, medical services, schools, colleges and libraries. T. "Office paper" means waste paper grades of white and colored ledgers. Examples include forms, copy paper, papers stationery, and other a Ypens that are generally associated with desk activity. U. "Plastic beverage bottles" means plastic containers used for containing milk, juice, soft drinks, or water intended for human consumption; to be p � distinguished from non-food bottles such as those for containing motor oil, detergent, or other household products. V. "Recyclable plastic beverage containers" shall mean those bottles marked PETE (1) and HDPE (2) on bottom of plastic beverage containers. W. "Residential recyclables" means those specific recyclable materials from the residential waste stream, as identified in Section 9.52.050. 4 X. "Residential unit" includes each building and space primarily p y used as a dwelling. Y. "Rubbish" means refuse and waste material, whether combustible or noncombustible, not included within the definition of garbage as herein define d and not contained within the definition of recyclable, including but not limited to paper, rags, leaves, glass, cans, ashes, tree and vine trimmings. It shall not include c ude plaster, rock, sand, dirt, automobile frames or fenders, or waste material pertaining ng to building operations, construction or repair. It shall not mean discarded water heaters or furniture. It shall not mean hazardous or toxic wastes. Z. "Scavenging" means the uncontrolled and/or unauthorized remo val of solid waste materials, recyclable or recoverable materials . AA. "To segregate waste material" means any of the following: the placement of recyclables in separate containers; the bindingof recyclable material separately from the other waste material; the physical separation of recyclables y es from other waste material. BB. "White goods" means kitchen or other large appliances. CC. "Wood wastes" means lumber and wood products but exc ludes painted wood, wood treated with chemicals, and pressure -treated wo od. DD. "Yard wastes" means leaves, grass, weeds and wood material from trees and shrubs. 9.52.020 Separation of Recyclable Materials. 5 A. Containers for designated recyclables shall be provided by the City's designated rubbish hauler to each of its customers, for collection of designated recyclables. B. Containers provided to single-family and multifamily residences, commercial and industrial entities shall effectively segregate the designated recyclables for pickup. C. Every owner or occupant in charge of any property where rubbish, garbage, or refuse is generated shall separate all recyclable materials from other garbage and combined refuse, and shall group together and place for collection such recyclable materials in the same manner as rubbish, garbage or refuse is placed for collection. Recyclable material that shall be grouped together and separated from other and garbage refuse shall be established by resolution of the City Council. 9.52.030 Mandatory Recycling Implementation Schedule. The following shall be the recycling implementation schedule within the City of National City: Y Effective Enforcement Date A. Residential Single-family June 1, 1992 B. Residential Multifamily C. Yard and Wood Waste D. Commercial: Office & Hospitality E. Industrial 6 July 1, 1993 April 1, 1993 July 1, 1993 January 1, 1993 9.52.040 Mandator Rec clip Enforcement. A. The City Manager or designee who is assigned g to duties which include the enforcement of solid waste regulations and laws is responsible for enforcing the provisions of this Chapter. B. The City Manager or designee shall have responsibility p sibility for the enforcement of all provisions of this Chapter. Violations of said provisions will be prosecuted in the same manner as other violations of the Municipal Code; provided however, that nothing herein provided shall prevent authorized orized designee(s) of the City Manager from efforts to obtain voluntary compliance p by way of warning, notice of violation or educational means. 9.52.050 Desi nated Rec clable Materials. The followin g are designated recyclables subject to this designation: A. Residential Recyclables 1. newspapers 2. plastic beverage bottles 3. aluminum 4. tin and bi-metal cans 5. white goods (appliances) 6. glass bottles and jars B. Commercial Rec clables 1. office buildings of more than 20,000 sq. ft. (a) office paper (b) corrugated cardboard (c) newspapers (d) aluminum 7 2. hospitality industry, including all restaurants and taverns (a) plastic beverage bottles (b) glass jars and bottles (c) white goods (appliances) (d) aluminum (e) tin and bi-metal cans C. Industrial Recyclables 1. dirt 2. asphalt 3. sand 4. land clearing brush 5. concrete 6. rock D. Yard Waste 1. leaves 2. grass 3. weeds 4. wood materials from trees and shrubs The above list may be modified to add or delete listed items from time to time by resolution of the City Council. /// /// 8 PASSED and ADOPTED this 28 t h day of APR I L 1992 ATTEST: CYLL o i Anne PelOW;511thillt City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney George H. aters, Mayor 9 Passed and adopted by the Council of the City of National City, California, on April 28, 1992 by the following vote, to -wit: Ayes: Councilmen Dalla, Inzunza, Zarate, Waters Nays: Councilmen None Absent: Councilmen Van Deventer Abstain: Councilmen None AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California City Cllerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the days of its introduction and the days of its final passage, to wit, on and on April 28, 1992 April 21, 1992 I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each mem- ber of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and cor- rect copy of ORDINANCE NO. 92-2029of the City of National City, passed and adopted by the Council of said City on ...April ?8, 199? (Seal) City Clerk of the City of National City, California By: Deputy