HomeMy WebLinkAboutAgenda Report - February 20, 2002 I-03I
4 4
CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Introduce Ordinance Repealing and Reenacting Lodi Municipal Code 13.16
Pertaining to Solid Waste
MEETING DATE: February 20, 2002
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council approve the introduction of an ordinance repealing
and reenacting Sections 13.16.010 through 13.16.200 to the
Lodi Municipal Code (LMC).
BACKGROUND INFORMATION: The current LMC chapter regarding solid waste is in need of revision
to coordinate with requirements and regulations incorporated in the
new solid waste removal franchise agreement. Many of the
ordinances are outdated and conflict with requirements held in the
franchise agreement. There have been numerous changes in solid waste removal since the City's
implementation of the curbside multi -cart system. By repealing the solid waste code and adopting a
revised one, these changes can be included to uphold the requirements of the new franchise agreement.
The attachment shows the changes made to the current solid waste section of the Municipal Code that
would make up the reenacted code. The significant changes are:
• Revise definition of industrial waste, which is not included in the exclusive franchise. The
previous definition was not workable and the proposed language matches current practices.
• Provide for rates to be adopted by resolution. This will avoid having to adopt urgency
ordinances as has been done in the past.
• Add definitions for multi -cart and container service. The existing code does not provide
definitions for this type of service that is now being provided.
• Add a definition for garden (green) waste. The implementation of the multi -cart service has
warranted this addition to the definitions.
• Change the franchise fee for industrial waste collection from 4% to 4.8%. This fee change
will now match what the City charges for the exclusive franchise.
• Delete Section 13.16.090. This section is redundant to Section 13.16.080.
.7
It;` /
_co/ Richard C. Prima, Jr.
Public Works Director
Prepared by Rebecca Areida, Management Analyst
RCP/RA/Im
Attachment
cc: Randy Hays, City Attorney
FUNDING: None required.
r
4 r
CLMC13.16CHGS
4
APPROVED:
H. Dixon Flynn -- City Manager
02/14/02
Title 13 PUBLIC.` SERVICES
Chapter 13.16 SOLID WASTE
13.16.010 Definitions.
13.16.020 Required services-- Exceptions.
13.16.030 Contract for refuse collection and transportation.
13.16.04(1 All requests for service to be met.
13.16.050 Placement of containers.
1 3.16.060 Refuse collection and transportation restricted.
13.10.070 Limitation on transfer of contract.
1 3.16.050 Container maintenance.
13.16.0')0 Receptacles --Container maintenance.
1 3.16.100 Hazardous materials.
13.16.111) Billing and collection of fees.
1 3.16.120 Month 1 y rates.
1 3.16.130 Burning; or burial.
13.16.140 Unlawful deposit.
13.1 6.150 Removal of recyclable material prohibited.
Article II. Industrial Waste
13.16.160 Industrial waste collection and transportation restricted.
13.1 6.170 Permit required.
I3.16.180 Franchise fee.
13.10.19)0 Industrial waste-- Processing; throu4ch materials recovery qac:ility .N1ftF).
13.16.20(1 Transport by generator of industrial \vaste-- Exemption.
13.16.010 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, the following
definitions apply:
A. "Collection" means the act of collecting refuse at the place of waste generation by an
approved collection agent (public or private), and is distinguished from "removal."
B. "Collection vehicle or equipment" means and includes any vehicle or equipment used in the
collection of residential refuse or commercial or industrial solid wastes.
C. "Commercial customers" means all commercial (non -manufacturing) enterprises within the
city limits except industrial customers. The di tinction behve�n "commercial" and "industrial"
cuct3rssrs shai b 3sta5l?sl=E4 by reference to the Federal Office of Management and Budget
publicatioE "Standard Industrial Classifications," 1972 edit of , en file with the city and adopted
by reference ac if set forth fully in this chapter.
D. "Container service" means the tune of refuse removal consisting of containers ranging from
one cubic yard to fifty cubic yards, typically for large volume refuse generators.
PE. "Contract" means the written agreement covering the performance of the work, including,
but not limited to, the formal agreement, and special provisions, affidavits and certificates of
equal opportunity employment, certificate of worker's compensation insurance, the proposal,
contract specifications and performance bond.
F. "Contractor" means the individual, partnership, corporation, joint venture or other legal
entity entering into a contract with the city to perform the work. When modified by the phrase
"as constituted," it means the partnership, corporation or other legal entity as organized and
existing, with the same majority shareholders, as determined at the time of the execution of a
contract between the contractor and the city.
G. "Disposal site" means and includes the place, location, tract of land, area or premises in use,
intended to be used, or which has been used for the landfill disposal of solid wastes.
H. "Garden (green) waste" means refuse consisting of grass, leaves, wood chips, green plants,
weeds, tree branches and garden trimmings.
I-11. "Industrial customer" means all manufacturing (not commercial) enterprises who generate
industrial waste within the city limits except commercial customers. The distinction between
2eonmsr:->i22" and "industrial" customers sit -Abs. sstaaal:skxl 1 y rofor nee to tho Fod ral Office.
of Management and Budget publicat en "Standard Industrial Classifications," 1972 edition, on
file with the :->ity and adopted by reference as if set forth fully in this chapter. The City Manager
or other designee shall determine whether a customer is "Industrial" or "Commercial".
J. "Industrial waste" means solid waste originating from manufacturing facilities and factories
including construction and demolition projects. Industrial waste also means solid waste
produced by any person, fine or corporation primarily engaged in the business of processing and
manufacturing for the purpose of wholesale.
K. "Multi -cart service" means the type of refuse removal designed for source separating into
three carts. One cart for non -recyclable materials and non -green waste , one cart for recyclable
materials and one cart for green waste. This type of service is generally for lower volume refuse
generators with carts of less than 100 gallons.
L. "Recycling" means the process by which salvaged materials become usable products.
1M. "Refuse" means any and all discarded items and substances of every kind, including
salvageable or recyclable materials, and garden (green) wastes, but not including sewage, septic
tank contents, infectious wastes, or hazardous wastes as defined by state and/or federal law.
IN. "Removal" means the act of taking solid wastes from the place of waste generation either by
an approved collection agent or by a person in control of the premises.
KO. "Residential customer" means all residences within the city limits, including single-family
and multi -family dwellings.
-P. "Subcontractor" means the individual, partnership or corporation or other legal entity
entering into a contract with the contractor to perform a portion of the work.
MQ. "Transfer station/resource recovery facility" means and includes those facilities utilized to
receive solid wastes, temporarily store, separate, convert or otherwise process the materials in the
solid wastes, or to transfer the solid wastes directly from smaller to larger vehicles for transport
to their final place of disposition. (Ord. 1486 § 1, 1990; Ord. 1434 § 1 (part), 1988)
13.16.020 Required services-- Exceptions.
A. Every person owning or occupying residential or commercial premises within the city limits
shall utilize the refuse collection and transportation services of the contractor for which the city
has contracted, and shall pay the fees for those services as set by the city. Each owner or
occupier of residential or commercial property shall directly arrange with the city or its desi znee
for the provision of services. The city may cause to be removed, at the expense of the owner or
occupier of any premises, any refuse not collected due to the failure or refusal of the owner or
occupier of the premises to arrange or pay for the contractor's services.
B. Exceptions. Notwithstanding any other provision of this chapter, any person or firm may
apply to the city for a permit, for which a fee may be charged, to transport and dispose of refuse
accumulated or generated on the premises, utilizing his or its own vehicles and equipment. Any
such permit shall require that all vehicles used to transport refuse shall be constructed,
maintained and operated so that liquids or refuse will not blow, fall, sift or leak, and shall be
maintained to prevent unnecessary noise. The permittee shall pick up any refuse dropped or
deposited in the process of transporting it to the disposal site. Nothing in this paragraph shall be
construed to mean any customer may undertake refuse collection, transportation or disposal
services for any other person or firm under any circumstances. (Ord. 1434 § 1 (part), 1988)
13.16.030 Contract for refuse collection and transportation.
The city has the exclusive right and duty to collect and transport refuse within the city limits,
under such terms and conditions as it deems necessary for the public health, safety and well-
being; and it may contract with a contractor for the provision of those services. (Ord. 1434 § I
(part), 1988)
13.16.040 All requests for service to be met.
The contractor shall provide refuse collection and transportation services to all residential and
commercial customers within the area specified in its contract except for industrial waste. The
contractor shall not be required to service oversized, overweight or unsafe containers, or to
remove hazardous waste, or to remove waste where it is unsafe to do so. (Ord. 1434 § 1 (part),
1988)
13.16.050 Placement of containers.
A. Residential. Residential customers utilizing wasto refuse carts shall place containers on their
premises not more than ton feet from the edge of the adjacent vohicular rigrht of wayat the curb
or other areas as approved by the Public Works Director. Residential customers using ether
containers service shall place such containers on their premises at curbside or in an approved
location readily accessible to the contractor, free of obstacles. Any gate to the container storago
arca Faust be maintained by the property owner in good working cnd:tkin , ad shall be left
unlocked -&n the regularly scheduled collection day. Any an n xilc restrained. Ashes must
be cold and bagge4, aca anal 4reppicgs tRuct lie b-aggod in a nonpormeablc material. Failure to
meet any of these conditions shall constitute cause for the contractor's refusal to perform
collection services. The contractor shall, after collection, return containers/carts to the location
from which they were collected.
B. Commercial. Commercial customers shall place refuse in a location on their premises in an
approved location that is readily accessible to the contractor's collection vehicles, and that has
received the contractor's prior approval as conforming to its specifications and requirements for
refuse container facilities. The contractor shall make such specifications and requirements
available upon request by a customer. Failure to place containers in an approved location shall
constitute cause for the contractor's refusal to perform refuse services. (Ord. 1434 § l (part),
1988)
C. Anv gate to the container storage area must be maintained by the property owner in good
working condition, and shall be left unlocked on the regularly scheduled collection day. Anv
animals shall be restrained. Ashes must be cold and bagged, and animal droppings must be
bagged in a nonnermeable material.
13.16.060 Refuse collection and transportation restricted.
Except as provided in this chapter, at any time when there is a contract in force between the city
and any contractor, it shall be unlawful for any person other than the contractor to collect or
transport refuse within the city limits. (Ord. 1434 § 1 (part), 1988)
This section shall not be construed to prevent customers from hauling occasional loads of refuse
from their own premises to a legal point of disposal.
13.16.070 Limitation on transfer of contract.
No contract entered into pursuant to the provisions of this chapter shall be assigned without prior
consent of the city. (Ord. 1434 § 1 (part), 1988)
13.16.080 Container/Cart maintenance.
It shall be the responsibility of residential -customers to maintain contractor furnished
carts/containers refuse containers in a safe and sanitary condition, and in g d :pair, Ire from
sharp or rough edges, jagg zard likely to cause injury. In the event the
contractor provides such containero-, residential sgstomare cl c4 be : e 3m ili!e for msir ainirg
such containers in a s'.o,:n and c-cr.itary condition, and the -The contractor shall be responsible for
keeping them in good repair-, free from sharp or rough edges, iagged surfaces. or other hazards
likely to cause injury. f+ skaR b ile-reeFonalicaty of commii-G:al a istomcrs tc m:-intain retuG0
eenteimrs in a clean and sanitary condition, and the contractor shall be responsible for keeping
thesi iii good repair. All refuse containers shall be tightly covered. (Ord. 1434 § 1 (part), 1988)
13.16.090 Receptacles Conta:» n a-intonance.
A. It shall be the duty of each residential customer to provide at '.l isoto-Laeq within sa h
fling plass is Gituated, and easily
acceca ble for rcfuee collect -ons, either 3f the following:
•Ytl'�rty t...Q gallon rofuso container for aaci; ur.iti of
2. A one yard common refuse container for each five unite or ii tip- cs of five units, or the
equivalent thereof.
B. Such container shall be of such construction as to comply with the health laws of the city and
state, ural chw?l net exceed fifty pounds when full. Nothing herciR ,?.al -1 p h it or p:e-.'ent t he
furnic ing ouitable containers (at no cost to the party or parties to whom service
is provided).
C. At tho cusIonicr;, Faispiestrwh'hcre acitable storags a_ar and ::380E:: are a. a-i1abia, the contract r
may provide one or more mechanically loaded metal or plastic refuse containers suitable for the
quantity of refuse generated by the customer during the customer':, cchadalad collection interval.
(Ord. 1.13'I § 1 (part), 1988)
13.16.100 090 Hazardous materials.
No person shall deposit in any container used for refuse any explosive or highly flammable,
radioactive, toxic or other hazardous material or substance as defined by state and/or federal law.
However, special arrangements may be made with the contractor for removal of such hazardous
material if the contractor provides such service. The contractor is under no obligation to remove
hazardous waste. (Ord. 1434 § 1 (part), 1988)
13.16.110 100 Billing and collection of fees.
The director of finance is designated as the collector of all refuse fees or charges. Each month,
he/she shall bill every person producing refuse removed by the city or its contractor and adding
the amount of such refuse collection fee or charge to such person's water or electric bill, or, if
such person has not incurred bills for water or electricity, by billing them for refuse collection
alone. If the bill is not timely paid as required within this chapter, the water service and/or the
electric service and/or the refuse service to such delinquent customer may be discontinued.
Penalties and rules pertaining to payment of water and electric bills and to discontinuance and
renewal of water and electric service shall apply to refuse service. It shall be the contractor's
responsibility to notify the city of billing for services to and collecting fees from customers for
whom it performs services on other than a regularly scheduled service. (Ord. 1434 § I (part),
1988)
13.16.120 110 Monthly rates.
The city shall establish by resolution of the city council, p;..xc-t:;:r Nos1th
and Safety Code Sectian 5'171, a schedule of rates to be charged for the collection and
transportation of refuse within the city limits. Upon adoption, such schedule shall be published
once in the Lodi News Sentinel or a newspaper of general circulation within the city. Such
schedule shall set the rates for commercial and residential refuse collection and refuse permits.
(Ord. 1434 § 1 (part), 1988)
13.1 6.130 120 Burning or burial.
It is unlawful for any person to burn or bury within the city any refuse, or to place or deposit
upon any street, alley, place or vacant lot, any of the materials included in the definition of the
word "refuse" in Section 13.16.010. (Ord. 1434 § 1 (part), 1988)
13.16:1-40-130 Unlawful deposit.
A. It is unlawful for any person to throw into or deposit upon any public street, highway or
grounds, or in any gutter or ditch, or upon any private premises, or anywhere except in such
places as may be designated for such purposes by the city, any glass, broken ware, dirt, rubbish,
refuse or filth; nor shall any rubbish, refuse or filth be allowed to remain upon any private
premises.
B. Any refuse, dirt, rubbish, soot, ashes, cinders or filth of every kind in any house, cellar, yard
or any other place, which the city or other legally authorized health officer, for the health of the
city, deems necessary to be removed, shall be carried away therefrom by and at the expense of
the owner or occupant of such house or any place where the same may be found, and removed
beyond the corporate limits or to such place as may be designated by the city or other legally
authorized health officer. (Ord. 1434 § 1 (part), 1988)
13.16.150 140 Removal of recyclable material prohibited.
It is unlawful and an infraction for any person, other than the city's designated contractor, to
remove or collect recyclable or salvageable materials placed by any person in a bag or container
labeled for use in connection with a recycling program operated by the contractor. (Ord. 1434 § 1
(part), 1988)
13.16.9-150 Industrial waste collection and transportation restricted.
Except as provided in this chapter and on the conditions contained herein, it shall be tmlawful 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. (Ord. 1561 § 2 (part), 1993.)
13.16.170 160 Permit required.
A. No person or firm shall engage in the collection or transportation of industrial waste within
the city without first obtaining from the finance department a nonexclusive 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 article. Such pennit fee shall be in addition to any
other annual business license fees or franchise fees. The city council finds and declares that such
fee is necessary and proper to defray the costs of required monitoring, accounting and
recordkeeping in order to comply with state solid waste management statutes including, but not
limited to, Public Resources Code Section 40000 et seq.
B. Permittees under this article shall be required to furnish to the city the following:
1. A certificate of insurance for vehicle and general liability in an amount not less than one
million dollars, plus proof of Workers Compensation coverage;
2. Proof of inspection by the California Highway Patrol and/or the San Joaquin County health
department of all vehicles used for the hauling of industrial waste;
3. A bond or suitable guarantee for potential defaults or failures to pay franchise fee in an
amount to be determined by the finance director. (Ord. 1561 § 2 (part), 1993)
13.16.1-170 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 11=8 percent of the gross revenues for such
collection and/or transportation. (Ord. 1561 § 2 (part), 1993)
13.16.190 180 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. 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. (Ord. 1561 § 2
(part), 1993)
13.16.200 190 Transport by generator of industrial waste-- Exemption.
Any person or firm generating industrial waste as defined in this chapter may choose to transport
its own waste for disposal on the following conditions:
A. Self -hauler shall obtain a permit from the city, for which no fee will be charged;
B. All self -hauled industrial waste shall be channeled through a state -licensed materials recovery
facility (MRF);
C. No waste of any nature from any source other than industrial waste generated by the self-
hauler may be transported under this section. (Ord. 1561 § 2 (part), 1993)
DRAFT
ORDINANCE NO. 1709
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI
REPEALING AND REENACTING CHAPTER 13.16 OF THE LODI
MUNICIPAL CODE RELATING TO SOLID WASTE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1. Chapter 13.16 "Solid Waste" of the Lodi Municipal Code is hereby
repealed and reenacted to read as follows:
13.16.010 Definitions.
13.16.020 Required Services-- Exceptions.
13.16.030 Contract for Refuse Collection and Transportation.
13.16.040 All Requests for Service to be Met.
13.16.050 Placement of Containers.
13.16.060 Refuse Collection and Transportation Restricted.
13.16.070 Limitation on Transfer of Contract.
13.16.080 Container Maintenance.
13.16.090 Hazardous Materials.
13.16.100 Billing and Collection of Fees.
13.16.110 Monthly Rates.
13.16.120 Burning or Burial.
13.16.130 Unlawful Deposit.
13.16.140 Removal of Recyclable Material Prohibited.
13.16.150 Industrial Waste Collection and Transportation Restricted.
13.16.160 Permit Required.
13.16.170 Franchise Fee.
13.16.180 Industrial waste-- Processing Through Materials Recovery Facility (MRF).
13.16.190 Transport by Generator of Industrial Waste-- Exemption.
13.16.010 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, the
following definitions apply:
A. "Collection" means the act of collecting refuse at the place of waste
generation by an approved collection agent (public or private), and is distinguished from
"removal."
B. "Collection vehicle or equipment" means and includes any vehicle or
equipment used in the collection of residential refuse or commercial or industrial solid
wastes.
C. "Commercial customers" means all commercial (non -manufacturing)
enterprises within the City limits except industrial customers.
D. "Container service" means the type of refuse removal consisting of
containers ranging from one cubic yard to fifty cubic yards, typically for large volume
refuse generators.
E. "Contract" means the written agreement covering the performance of the
work, including, but not limited to, the formal agreement, and special provisions,
affidavits and certificates of equal opportunity employment, certificate of worker's
compensation insurance, the proposal, contract specifications and performance bond.
F. "Contractor" means the individual, partnership, corporation, joint venture
or other legal entity entering into a contract with the City to perform the work. When
modified by the phrase "as constituted," it means the partnership, corporation or other
legal entity as organized and existing, with the same majority shareholders, as
determined at the time of the execution of a contract between the contractor and the
City.
G. "Disposal site" means and includes the place, location, tract of land, area
or premises in use, intended to be used, or which has been used for the landfill disposal
of solid wastes.
H. "Garden (Green) Waste" means refuse consisting of grass, leaves, wood
chips, green plants, weeds, tree branches and garden trimmings.
"Industrial customer" means all manufacturing enterprises who generate
industrial waste within the City limits except commercial customers. The City Manager
or other designee shall determine whether a customer is "Industrial" or "Commercial".
J. "Industrial Waste" means solid waste originating from manufacturing
facilities and factories including construction and demolition projects. Industrial waste
also means solid waste produced by any person, firm or corporation primarily engaged
in the business of processing and manufacturing for the purpose of wholesale.
K. "Multi -Cart Service" means the type of refuse removal designed for
source separating into three carts. One cart for non -recyclable materials and non -green
waste, one cart for recyclable materials and one cart for green waste. This type of
service is generally for lower volume refuse generators with carts of less than 100
gallons.
L. "Recycling" means the process by which salvaged materials become
usable products.
M. "Refuse" means any and all discarded items and substances of every
kind, including salvageable or recyclable materials, and garden (green) wastes, but not
including sewage, septic tank contents, infectious wastes, or hazardous wastes as
defined by state and/or federal law.
N. "Removal" means the act of taking solid wastes from the place of waste
generation either by an approved collection agent or by a person in control of the
premises.
2
0. "Residential Customer" means all residences within the City limits,
including single-family and multi -family dwellings.
P. "Subcontractor" means the individual, partnership or corporation or other
legal entity entering into a contract with the contractor to perform a portion of the work.
Q. "Transfer Station/Resource Recovery Facility" means and includes those
facilities utilized to receive solid wastes, temporarily store, separate, convert or
otherwise process the materials in the solid wastes, or to transfer the solid wastes
directly from smaller to larger vehicles for transport to their final place of disposition.
13.16.020 Required Services-- Exceptions.
A. Every person owning or occupying residential or commercial premises
within the City limits shall utilize the refuse collection and transportation services of the
contractor for which the City has contracted, and shall pay the fees for those services as
set by the City. Each owner or occupier of residential or commercial property shall
directly arrange with the City or its designee for the provision of services. The City may
cause to be removed, at the expense of the owner or occupier of any premises, any
refuse not collected due to the failure or refusal of the owner or occupier of the premises
to arrange or pay for the contractor's services.
B. Exceptions. Notwithstanding any other provision of this chapter, any
person or firm may apply to the City for a permit, for which a fee may be charged, to
transport and dispose of refuse accumulated or generated on the premises, utilizing his
or its own vehicles and equipment. Any such permit shall require that all vehicles used to
transport refuse shall be constructed, maintained and operated so that liquids or refuse
will not blow, fall, sift or leak, and shall be maintained to prevent unnecessary noise. The
permittee shall pick up any refuse dropped or deposited in the process of transporting it
to the disposal site. Nothing in this paragraph shall be construed to mean any customer
may undertake refuse collection, transportation or disposal services for any other person
or firm under any circumstances.
13.16.030 Contract for Refuse Collection and Transportation.
The City has the exclusive right and duty to collect and transport refuse within the
City limits, under such terms and conditions as it deems necessary for the public health,
safety and well-being; and it may contract with a contractor for the provision of those
services.
13.16.040 All Requests for Service to be Met.
The contractor shall provide refuse collection and transportation services to all
and customers within the area specified in its contract except for industrial waste. The
contractor shall not be required to service oversized, overweight or unsafe containers, or
to remove hazardous waste, or to remove waste where it is unsafe to do so.
3
13.16.050 Placement of Containers.
A. Residential. Residential customers utilizing refuse carts shall place
containers at the curb or other areas as approved by the Public Works Director.
Residential customers using container service shall place such containers on their
premises in an approved location readily accessible to the contractor, free of obstacles.
Failure to meet any of these conditions shall constitute cause for the contractor's refusal
to perform collection services. The contractor shall, after collection, return
containers/carts to the location from which they were collected.
B. Commercial. Commercial customers shall place refuse in a location on
their premises in an approved location that is readily accessible to the contractor's
collection vehicles, and that has received the contractor's prior approval as conforming
to its specifications and requirements for refuse container facilities. The contractor shall
make such specifications and requirements available upon request by a customer.
Failure to place containers in an approved location shall constitute cause for the
contractor's refusal to perform refuse services.
C. Any gate to the container storage area must be maintained by the
property owner in good working condition, and shall be left unlocked on the regularly
scheduled collection day. Any animals shall be restrained. Ashes must be cold and
bagged, and animal droppings must be bagged in a nonpermeable material.
13.16.060 Refuse Collection and Transportation Restricted.
Except as provided in this chapter, at any time when there is a contract in force
between the City and any contractor, it shall be unlawful for any person other than the
contractor to collect or transport refuse within the City limits.
This section shall not be construed to prevent customers from hauling occasional
loads of refuse from their own premises to a legal point of disposal.
13.16.070 Limitation on Transfer of Contract.
No contract entered into pursuant to the provisions of this chapter shall be
assigned without prior consent of the City.
13.16.080 Container Maintenance.
It shall be the responsibility of customer to maintain contractor furnished
carts/containers in a safe and sanitary condition. The contractor shall be responsible for
keeping them in good repair, free from sharp or rough edges, jagged surfaces, or other
hazards likely to cause injury. All refuse containers shall be tightly covered.
13.16.090 Hazardous Materials.
No person shall deposit in any container used for refuse any explosive or highly
flammable, radioactive, toxic or other hazardous material or substance as defined by
state and/or federal law. However, special arrangements may be made with the
contractor for removal of such hazardous material if the contractor provides such
service. The contractor is under no obligation to remove hazardous waste.
4
13.16.100 Billing and Collection of Fees.
The Director of Finance is designated as the collector of all refuse fees or
charges. Each month, he/she shall bill every person producing refuse removed by the
City or its contractor and adding the amount of such refuse collection fee or charge to
such person's water or electric bill, or, if such person has not incurred bills for water or
electricity, by billing them for refuse collection alone. If the bill is not timely paid as
required within this chapter, the water service and/or the electric service and/or the
refuse service to such delinquent customer may be discontinued. Penalties and rules
pertaining to payment of water and electric bills and to discontinuance and renewal of
water and electric service shall apply to refuse service. It shall be the contractor's
responsibility to notify the City of billing for services to and collecting fees from
customers for whom it performs services on other than a regularly scheduled service.
13.16.110 Monthly Rates.
The City shall establish by resolution of the City Council a schedule of rates to be
charged for the collection and transportation of refuse within the City limits. Upon
adoption, such schedule shall be published once in the Lodi News Sentinel or a
newspaper of general circulation within the City. Such schedule shall set the rates for
refuse collection and refuse permits.
13.16.120 Burning or Burial.
It is unlawful for any person to burn or bury within the City any refuse, or to place
or deposit upon any street, alley, place or vacant lot, any of the materials included in the
definition of the word "refuse" in Section 13.16.010.
13.16.130 Unlawful Deposit.
A. It is unlawful for any person to throw into or deposit upon any public
street, highway or grounds, or in any gutter or ditch, or upon any private premises, or
anywhere except in such places as may be designated for such purposes by the City,
any glass, broken ware, dirt, rubbish, refuse or filth; nor shall any rubbish, refuse or filth
be allowed to remain upon any private premises.
B. Any refuse, dirt, rubbish, soot, ashes, cinders or filth of every kind in any
house, cellar, yard or any other place, which the City or other legally authorized health
officer, for the health of the City, deems necessary to be removed, shall be carried away
therefrom by and at the expense of the owner or occupant of such house or any place
where the same may be found, and removed beyond the corporate limits or to such
place as may be designated by the City or other legally authorized health officer.
13.16.140 Removal of Recyclable Material Prohibited.
It is unlawful and an infraction for any person, other than the City's designated
contractor, to remove or collect recyclable or salvageable materials placed by any
person in a bag or container labeled for use in connection with a recycling program
operated by the contractor.
5
13.16.150 Industrial Waste Collection and 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.
13.16.160 Permit Required.
A. No person or firm shall engage in the collection or transportation of
industrial waste within the City without first obtaining from the finance department a
nonexclusive 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
article. Such permit fee shall be in addition to any other annual business license fees or
franchise fees. The City Council finds and declares that such fee is necessary and
proper to defray the costs of required monitoring, accounting and recordkeeping in order
to comply with state solid waste management statutes including, but not limited to,
Public Resources Code Section 40000 et seq.
B. Permittees under this article shall be required to furnish to the City the
following:
1. A certificate of insurance for vehicle and general liability in an
amount not less than one million dollars, plus proof of Workers
Compensation coverage;
2. Proof of inspection by the California Highway Patrol and/or the
San Joaquin County health department of all vehicles used for the
hauling of industrial waste;
3. A bond or suitable guarantee for potential defaults or failures to
pay franchise fee in an amount to be determined by the finance
director.
13.16.170 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 4.8 percent of the gross
revenues for such collection and/or transportation.
13.16.180 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. 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.
6
13.16.190 Transport by Generator of Industrial Waste-- Exemption.
Any person or firm generating industrial waste as defined in this chapter may
choose to transport its own waste for disposal on the following conditions:
A. Self -hauler shall obtain a permit from the City, for which no fee will be
charged;
B. All self -hauled industrial waste shall be channeled through a state -
licensed materials recovery facility (MRF);
C. No waste of any nature from any source other than industrial waste
generated by the self -hauler may be transported under this section.
SECTION 2. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
SECTION 3. No Mandatory Duty of Care. This ordinance is not intended to and shall
not be construed or given effect in a manner which imposes upon the City, or any officer
or employee thereof, a mandatory duty of care towards persons or property within the
City or outside of the City so as to provide a basis of civil liability for damages, except as
otherwise imposed by law.
SECTION 4. Severability. If any provision of this ordinance or the application thereof
to any person or circumstances is held invalid, such invalidity shall not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application. To this end, the provisions of this ordinance are severable. The
City Council hereby declares that it would have adopted this ordinance irrespective of
the invalidity of any particular portion thereof.
SECTION 5. 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
take effect thirty days from and after its passage and approval.
Approved this day of , 2002
PHILLIP A. PENNINO
Mayor
Attest:
SUSAN J. BLACKSTON
City Clerk
7
State of California
County of San Joaquin, ss.
I, Susan J. Blackston, City Clerk of the City of Lodi, do hereby certify that
Ordinance No. 1709 was introduced at a regular meeting of the City Council of the City
of Lodi held , 2002, and was thereafter passed, adopted and ordered to
print at a regular meeting of said Council held , 2002 by the following vote:
AYES: COUNCIL MEMBERS —
NOES; COUNCIL MEMBERS —
ABSENT: COUNCIL MEMBERS —
ABSTAIN: COUNCIL MEMBERS —
1 further certify that Ordinance No. 1709 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:
"4A ha a , 0 7 . - - d
RANDALL A. HAYS
City Attorney
SUSAN J. BLACKSTON
City Clerk
8