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HomeMy WebLinkAboutAgenda Report - January 6, 1993 (73)CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Consider Re -introduction of an Ordinance Regarding the Regulation of Industrial Waste Haulers MEETING DATE: January 6, 1993 PREPARED BY: City Attorney RECOMMENDED ACTION: Council consideration of Ordinance 1561 as amended BACKGROUND: At the Council meeting of December 16, 1992, the City Council considered the introduction of an ordinance which would regulate haulers of industrial refuse. However, the Council was desirous of making some changes to the ordinance pertaining to industries wishing to haul their own waste. Pursuant to the direction of Council, Ordinance 1561 has now been amended to allow generators of industrial waste to transport their own waste for disposal. The ordinance would exempt such self -haulers from the payment of a permit fee, but would still require that all waste be channeled through a State -licensed Materials Recovery Facility (MRF). At the suggestion of industry representatives and City staff, the ordinance has also been modified to require that industrial waste haulers furnish certificates of insurance, proof of vehicle inspections for all trucks utilized tc haul industrial waste, and a bonding requirement for defaults of franchise or permit fees. FUNDING: Not applicable. Respectfully submitted, Bob McNatt City Attorney BM/vc APPROVED THOMAS A. PETERSON recycrea DaDer City Manager REFUSECC.2/TXTA.01V CCA r bphi ORDINANCE NO. 1561 DSI 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. saaxass=xaassaes=assaaas=asxssos=sas=xsaasasseasos==sasase.aaana=-c_a_= BE IT ORDAINED BY THF CITY COUNCIL OF THE 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 as 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 II, relating to industrial waste co'.lection, to read as follows: ARTICLE II IND LTSTRIAL WASTE. Section 13.16.160. INDUSTRIAL WASTh COLLECTION AND TRANSPORTATION QESTRICTED. Except as provided in this chapter and on the conditions contained herein, it shall 5e 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 13.16.170L._ PEPNIT REQUIRED. A. Ito person or firm shall engage in the col'.ection or transportation of industrial waste within the City of Ladi without first obtaining from the Finance Department a non-exclusive permit for such activities and paying an annual hermit 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 coiaply with State Solid Waste Management statutes including but not limited to Public Resources Code Section 40000 et seq. B. Permittees under this ordinance shall be required to furnish to the City of Lodi the following: 1. A certificate of insurance for vehicle and general liability in an amount not less than one million dollars ($1,000,000), 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 for potential defaults or failures to pay franchise fee in an amount to be determined by the Finance Director. 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 (4i) of the gross revenues for such collection and/or transportation. -2- Section 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 bMF 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. 13.16.200. TRANSPORT BY GENERATOR OF INDUSTRIAL WASTE: Z"RMPTION 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. A11 self -hauled industrial waste shall be channeled through a State -licensed Materials Recovery Facility (mRF). 7. No waste of any nature from any source other than industrial waste generated :ry the self -hauler may be transported under this section. SECTION 3. All ordinances and parts of ordin'nces in conflict herewith are repeated 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 -3- published in the City of Lodi and shall be in force and take effect thirty days from and after 4ts passage and approval. Approved this day of 1993 PHILLIP A. PENNINO Mayor Attest: ALICE M. REIMCHE City Clerk 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 re -introduced at a regular meeting of the City Council of the City of Lodi held January 6, 1993 and vas 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 - I further certify that Ordinance No. 1561 was approved mnd signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form BOBS W. MCNATT City Attorney ORD1561 /TXTA . 01'.1 -4- ALICE M. REIMCHE City Clerk RESOLUTION NO. A RESOLUTION OF THE LODI CITY COUNCIL T ESTABLISHING A PERMIT FEE FOR INDUSTRIAL WASTE HAULERS ==asamasssas=asssaaz=azz=amass=a=z=a===sa=s=s==a=saacazaza==za:aaassssaa RESOLVED, that pursuant to Ordinance No. 1561 establishing regulations relating to the collection or transportation by persons or firms of industrial waste, that the annual permit fee for industrial waste hauling permits shall be $500.00. Dated: 1993 ssx=acxaxeza�=-===�--sece=asccxcs=s==sacscsas===c==s:=asa=asssssaaaa=ss I hereby certify that Resolution No. was passed and adapted by the Lodi City Council in a regular meeting held , 3.993 by the following vote: Ay s: Council Members - NoeL- Council Members - Absent: Council Members - Alice M. Reimche City Clerk 93- RES93E/TXTA.01V CITY �.� LODI �z�` NOTICE OF PUBLIC HEARING ` Date: January 6, 1993 CARNF(aF. FORUM 305 West Pine Street. Lodi Time: 7:30 p.m. For information regarding this Public Hearing Please Contact: Mce M. Reimche City Clerk Telephone: 333.6702 NOTICE OF PUBLIC HEARING January 6, 1993 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 will conduct a continued 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 may be limited to raising only 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: Atice M. Reimche , City Clerk Dated: Dece r 16, 1992 Approved as to oorrm: BoW Nit-McNatf t" ." City Attorney SLTRVEY OF PERMIT FEES FOR INDUSTRIAL WASTE HAULERS Ceres - Fee: N/A. Bonzi-Ceres Disposal has an exclusive franchise for industrial collection. Therefore there is no permit fee. Clovis - Fee: Zero. City crews provide se"vice to all customers (residential, commercial and industrial; except those requiring large roll -off boxes. Any hauler must obtain a permit to provide roll -off service in the City - but there is no permit fee. Davis - Fee: N/A. Davis Waste Removal has an exclusive franchise for industrial collection. Therefore there is no permit fee. Folsom - Fee: Negotiable. City crews provide service to all customers, except those requiring large roll -off boxes. Any hauler must obtain a permit. The Assistant Finance Director indicated the City negotiates a permit fee with each hauler based on the amount of business conducted in the City limits. Fresno - Fee: $16.80/year/customer. City crews provide service to all customers, except those requiring large roll -off boxes or extra collections the City cannot provide. There are five companies which haul industrial waste. Each pays an annual permit fee of $26.80 from every location they collect. BFI for example, collects from 94 locations, therefore their annual fee is $1,579.20. Galt - Fee: N/A. No permit is required, therefore there is no fee. Manteca - Fee: N/A. City crews collect all residential and commercial waste. Effective 1/6/93 the City will begin collecting all industrial waste, therefore no private haulers will be allowed to collect waste in the City, except hazardous/medical wastes. Merced - Fee: N/A. City crews collect all waste. Therefore, there is no permit fee. Modesto - Fee: Zero. The City has a nonexclusive franchise for industrial collection_ Haulers must apply for a permit (known as a license - dis�inct from a business license). Haulers must pay a 6.58 franr' fee, but there is no license fee. Sacramento - Fee: $100.00/vehicle/year + others. •City crews collect all "wet" waste which is biodegradable. Private haulers mai collect "dry" waste. Basic fee is $61.00. Owner of hauling firm must be fingerprinted - $55.00 fee. Each vehicle must be inspected - S61.00/vehicle fee. (City does not perform inspections). Each vehicle must receive an annual permit sticker - $100.00/vehicle. Insurance and a $1,000 bond is also required. Stockton - Fee: $50,000 one time. Stockton Scavenger, Delta, Waste Management and Commercial Salvage are the industrial waste haulers in Stockton. Each has paid a one time permit fee of $50,000. They must provide $1,000,000 general liability. insurance per occurrence and hold the City harmless for any damages resulting from an incident. Tracy - Fee: Zero. No permit is required, therefore no fee. The City plans to create an exclusive franchise for industrial waste collection this year. Turlock - Fee: Zero. The City Clerk issues permits to industrial waste haulers, but no fee is required.