HomeMy WebLinkAboutAgenda Report - April 20, 1983 (35)DEFINITIONS
REGARD=-
GARI-171GE AND
SOLID WASTE
COLLECTION
City Attorney Stein presented the following report regarding
definitions regarding Garbage and.solid waste collect -ion: .
At the March 16, 1983 City Council meeting, Council referred
back to\
the subject of the garbage and solid waste ordinance
staff, to clarify what is meant by "indus-1xial plants"under
Lodi City Code section 11-1.
It is to be noted that although the City has the 4uthority
under State law (Government Code Section 66757) to regulate
all garbage and solid waste collectdonc- witfiifi this .4":City
(see also Lodi city code Section' ll -6), the,,City at:presen
has regulated Only for. the. 0011-eL��iOn or resi iA
.-,s n6e,", 6!
lid waste Imt It ib
comnercial garbage -and .'so gulated.,,. - J."
. t --col-lection ' of * garbage and -solid waste from, i�.�sti:i6ii
he,
In lod-_�g at the definition of "c7arbage" and "solid waste"
unser Uv1i C..ty Cole Section 11-1, it is to be noted that
there is an Exception frcrn the definit,-on for factory waste
and refuse fran industrial plants.
1. DEF*1-.-',41TIaN OF INDUSTRIAL PLAN -1-S
In order to determine what is meant by industrial plants,
one must look at (1) the Lodi City Zoning Code Chapter 27.;
and (2) t1ne activity that is going on at the industrial
plant. Both criteria rx.st be considered and joined in order
to obtain an adequate clarification of the phrase
"industrial plant".
.,o illustrate wti% both of these factors must he considered
jointly in the definition of industrial plants, I would use,
as an emanple the Lodi Cable Television Company. If one
were to ask if they were an industrial plant and only apply
the Zoning Code, one could say that they are in an .11.
industrial zone and could only be allowed in same. The
reason that the Lodi Cable TV Ais in an .industrial zone is
not because of their activity, but because of their. W6'�s
and satellite receivers. They w-xild not be consideredan
industrial plant under Lodi City Code Section 11
It would be W recommendation that the City clarify the
definition of the phrase "industrial plant" as it relates to -
the collection of garbage and solid waste, by adopting a
Policy Statement as follows:
"A POLICY c7=4EANT OF THE CITY OF IMI CLARIFYING THE,
DEFINITION OF THE PHRASE 'INDUSTRIAL PLANTS' AS IT RELUES
TO THE COUECTION OF GARBAGE AND SOLID WASTE WITHIN THE CITY
OF LODT
"As it relates to the collection of garbage and solid waste
within the City of Lodi, the following shall be tl,.e
defini-;_on for tEo roti'. :znc ' Indust- r-lal P!_-Lnts1":
Industrial Plants' means any person, firm, or corporation
engaged in the business of processing or manufacturing
agricultural products, animal., poultry, goods, wares, or
other products or materials whose principal outlet for such
products or hares is primarily wholesale, rathJ.�r than
retail, and whose business would not be permitted to be
'
located in a General Carraercial District (C-2) or higher
(C-1, P -D, C -S, or any Residence District, R -C -P through
R-1), as those districts are defined in Chapter 27 the Lodi
'
City Code".
It is interesting to note that in prarstice over the past 15
years. the City staff has in fact followed the practice
which is now being suggested be put into a Policy -Statement,
in deternining which accounts were industrial plants and
which accounts were comtercial entities.
There could be certain grey areas which will require a
judgment call, on behalf of the staff and/or this Council on
appeal.
I I . BION OF COLLB TION OF GARBAGE AND SOLID MASI'E
FROM INDUSPRIAL PLANTS.
This Council should be aware that 'in 1979 pursuant to _
Resolution No. 79-147, the City adopted the County's Solid ,.
Waste managemnt Plan (a review of said Plan . is now taking
place). On page 3-20 and 3-22 of said Plan, there are: '
references to the franchise. On page. 3-20., it states..!_
City governments are responsible for solid waste storage LY�..
ii
and collection within their respective incorporated areas
;L
,�7���`✓
April 20, 1
Page 3-22 states:
"Each city is responsible for the collection services within
its incorporated areas, either through franchise, permits,
or licerL3--s to private cagDanies, or use of its municipal w?
erployees. "
It does appear, therefore, that the City has a requirement
to put into effect the Solid Waste Management Plan by the
regulation of all phases of collection of garbage and solid
waste within the City of Lodi.
At present, the City has franchised to Sanitary City, the
collection of garbage and solid waste in the residential and
commercial areas, but there has been no regulation of the
collection of garbage and solid waste from industrial
plants. It is incaurbent upon the Council to determine how
the City is going to regulate the garbage and solid waste
collection frcr.: industrial plants.
of course, there are a number of questions that need to be
answered in determining how to regulate the collection of
garbage and solid waste frcrn industrial plants. Some of the
questions are as follows:
a) Does the City want to have franchises, permits, or
licenses to private corpanies, or use of its municipal
employees?
b) Wbat would be thc qualifications for being an industrial
hauler?�
c) Would we require.a bond of same?
d) would 'che City be interested in billing the industrial
customer?
e) How would we monitor the industrial hauling for charging
at the landfill?
f) Would we have a scale for same?
g) Does the City want to charge a.•fee.based on tonnage?
Mr. Stein reccmended that Council direct Staff to review
methcds to regulate the industrial plants arA have staff '
report back to Council at. the earliest, possible time with a a
report. t
Cour+cil discussion followed with questions beirng directed
the City Attorney.
No fon-al action was taken by the Council on the matter. s<
ADJOURZEIr There being no further business til m before the Cou=c lR xl
on rmtion of Council Member Pinkerton, .Reid second, thew
meeting adjourned at approximately 16 40� p.m ;; 3t., :
Attest:
James B. Schroeder-..
Deputy City Clerk req
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