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HomeMy WebLinkAboutAgenda Report - December 16, 1992 PH (17)CITY OF LODI AGENDA TITLE: Consider introduction of an ordinance regarding the regulating of all industrial waste haulers. MEETING DATE: December 16, 1992 PREPARED BY: Assistant City Maneger RECOMMENDED ACTION: That City Council adopt attached Ordinance No. 1561. BACKGROUND INFORMATION: At its regular meeting of November 4, 1992, City Council considered the adoption of ordinances which would have established industrial rates and industrial refuse collection as a service which must be provided by the City's contract waste hauler. At its meeting of November 18, 1992, Council table( these ordinances in favor of considering the introduction of Ordinance No. 1561 regarding the regulating of all industrial waste haulers. Ordinance No. 1561 does not restrict industrial refuse collection to the City'i franchisee. Any private hauler may collect industrial waste in Lodi. This ordinance does impose the costs of a) a permit b) a 4V franchise fee, and c; materials recovery facility processing, on any hauler. These same costs are impose( on California Waste Removal Systems when it hauls industrial refuse. Kevin Van Steeheige of Lodi Iron Works (and a member of the Solid Waste Management Task Force) has ween an outspoken opponent of the industrial ordinances prepared a this issue. He now indicates he appreci.jtes the option to choose an alternate wast( collection firm, if he desires, as provided for in this ordinance. Ordinance No 1561 is presented to Councii for their consideration. FUNDING: None. Respectfully submitted, Assistant City Manager Prepared by Kirk J. Evans Administrative Assistant to the City Manager COUNCOM2 /TXTA. TLP 1LJ THOMAS A. PRERSON reevew paper City Manager ORDINANCE NO- 1561 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AMENDING LODI MUNICIPAL CODE CHAPTER 13.16 - SOLID WASTE RELATING TO INDUSTRIAL WASTE COLLECTION AND RECYCLABLE MATERIALS. BE IT ORDAINRD BY THE CITY COUNCIL OF THIS CITY OF LODI AS FOLLOWS: SECTION 1. Lodi Municipal Code Chapter 13.16 - SOLID WASTE - is hereby amended by adding to Section 13.16.010 a new definition to read as follows: "Recyclable materials" means any material which is to be reused and/or re -manufactured into a new product. Any industrial waste material which is directed to a landfill or incinerator shall not be designated a6 a recyclable material for purposes of this chapter.^ SECTION 2, Lodi Municipal Code Chapter 13.16 - SOLID WASTE - is hereby amended by adding thereto an Article 11, relating to industrial waste collection, to read as follows: ARTICLE II INDUSTRIAL WASTE• Section 13.16.160. INDUSTRIAL WASTE COLLECTION ANL TRANSPORTATION RESTRICTED. Except as provided in this chapter and on the conditions contained herein, it shall be unlawful for any person or firm to collect or transport industrial waste within the city limits of Lodi. The term "industrial waste" shall not include recyclable materials when such materials are segregated from other types of waste, as defined in this chapter. -I- Section 13.16.170. PERMIT REQUIRED. No person or firm shall engage in the collection or transportation of industrial waste within the City of Lodi without first obtaining from the Finance Department a non-exclusive permit for such activities and paying an annual permit fee in an amount to be set from time to time by resolution of the City Council, adopted pursuant to this ordinance. Such permit fee shall be in addition to any other annual business license fees or franchise fees. The City Council hereby finds and declares that such fee is necessary and proper to defray the costs of required monitoring, accounting and record-keeping in order to comply with State Solid Waste Management statutes including but not limited to Public Resources Code Section 40000 et seq. Section 13.16.180, FRANCHISE FEE. All persons or firms engaged in the collection or transportation of industrial waste shall pay to the City an annual franchise fee equivalent to four percent (W of the gross revenues for such collection and/or transportation. Sention 13.16.190. INDUSTRIAL WASTE; PROCESSING THROUGH MATERIALS RECOVERY FACILITY (MRF). All persons and firms engaged in the collection and transportation of industrial waste shall channel all such waste through a materials recovery facility (MRF) licensed by the State of California. Such MRF may be located inside or outside the City of Lodi. It shall be the responsibility of the licensee to provide to the City on a quarterly basis all data and information on the waste stream volume required under State solid waste reduction statutes. Failure to provide such information may result in revocation of any permit issued under this division. SECTION 3. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 4. This ordinance shall be published one time in the "Lodi News Sentinel", a daily newspaper of general circulation printed and published in the City of Lodi and shall be in force and take effect thirty days from and after its passage and approval. Approved this day of PHILLIP A. PENNINO Mayor Attest: ALICE X. RRIMCHE City Clerk a�aacca3aa=aaaaaaaamaaaaaaaa a=caaa=aaaa=33cacaaa=aaaaaaaaaaaaaaaaaaaaoa State of California County of San Joaquin, ss. I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1561 was introduced at a regular meeting of the City Council of the City of Lodi held December 16, 1992 and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held , 1993 by the following vote: Ayes: Council Members - Noes: council Members - Absent: council Members - Abstain: Council Members - -3- I further certify that Ordinance No. 1561 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form BOBBY W. MCNATT City Attorney ORD1561/TXTA.01V -4- ALICE M. REIMCHE City Clerk RESOLUTION NO. A RESOLUTION OF THE LODI CITY COUNCIL ESTABLISHING A PERMIT FEE FOR INDUSTRIAL WASTE HAULERS RESOLVED, that pursuant to Ordinance No. 1562 establishing regulations relating to the collection or transportation by persons or firms of industrial waste, that the annual pexmit.fee for industrial waste hauling permits shall be $ Dated: 19 ------------ -------------------------- --------------------- I hereby certify that Resolution No. _ was passed and adopted by the Lodi City Council in a regular meeting held , 19� by the following vote: ]lyes: Council Members - Hoes: council Members - Absent: Council Members - Alice M. Reimche City Clerk RES92B/TXTA.01V DECLARATION OF MAILING On November 23, 1992 in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing a copy of the Notice attached hereto, marked Exhibit "A"; said envelopes were addressed as is more particularly shown on Exhibit "B" attached hereto. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 23, 1992, at Lodi, California. Alice M. Reimche City Clerk Jr J0 fifer . Perrin _. D6puty City Clerk �jOF CITY OF LODI r CAR tiE1.;1E FOkUM 305 West Pine Street. Lodi �~ NOTICE OF PUBLIC HEARING ©ate: December 16, 1992 Time: 7:30 p.m. For information regarding this Public Hearing Please Contact: Alice M. Reimche city Clerk Telephone: 333-6702 NOTICE OF PUBLIC HEARING December 16, 1992 NOTICE IS HEREBY GIVEN that on Wednesday, at the hour of 7:30 p.m., or as soon thereafter as the matter may be heard, the City Council wilt conduct a public hearing to consider the following matter: a) Introduction of an ordinance for regulating all industrial waste haulers. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you maybe limited to raising only those issues you or someone else raised at the Pubtic Hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the Public Hearing. By Order Of the Lodi City Council: Alice M. Reim6he City Clerk Dated: 1992 November 18, Approved as to form: Bobby W. McNatt City Attorney REFUSE RATES MAILING LIST EXHIBIT B Kirk Evans Administratiave Assistant to the City Manager Sanitary City Disposal Company Attention: Dave Vaccarezza P.O. Box 319 Lodi, CA 95241 CW� CITY vF LODI CARNEGIE FORUM 305 West Pine Street. LAI CONriNEIF NOTICE OF PUBLIC HEARING Date: January 6, 1393 Time: 7=30 p.m. For information regarding this Public Hearing Please Contact: Alice K Reimche City Clerk Telephone: 333-6702 NOTICE OF PUBLIC HEARING January 6, 1993 NOTICE IS HEREBYGIVEN that on Wednesday, at the hourof 7:30 p.m., oras soon thereafter as the matter may be heard, the City Council wi II conduct a continued public hearing to consider the following matter: a) Introduction of an ordinance for regulating all industrial waste haulers All interested personsare invited to present their views and commentson this matter. Written statements may be filed with the City Clerk at anytime prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challengethe subject matter incourt, you may be limited to raisingonly those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the Public Hearing. By Order Of the Lodi City Council: Alice M. Reimche City Clerk b Dated: Approved as to form: 16' 2992 City Attorney