HomeMy WebLinkAboutAgenda Report - January 20, 1993 (71)OF �
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Adoption of Ordinance No. 1561 entitled, "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"
MEETING DATE: January 20, 1993
PREPARED BY: City Clerk
RECOMMENDED ACTION: Following reading by title, it would be appropriate for the
City Council to adopt Ordinance No. 1561.,
BACKGROUND INFORMATION: Ordinance No. 1561 entitled, "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" was introduced at
the regular meeting of the Lodi City C--sncil held January
6, 1993.
Pursuant to State statute, ordinances may be adopted five days after their)
introduction following reading by title.
This Ordinance has been approved as to form by the City Attorney.
FUNDING: None required.
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r= erMPerrin
City Clerk
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COUNCOMI/TXTA.02J/COUNCOM
APPROVED
THOMAS A. PETERSON
City Manager
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ORDINANCE NO. 1561
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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.
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BE IT ORDAINED BY THE 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, rele.ting to industrial waste
collection, to read as follows:
ARTICLE II
INDUSTRIAL WASTE.
Section 13.16.160, 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.
Section 13.16.170. PERMIT REQUIRED.
A. 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 withtate Solid Waste Management statutes including
but not limited to Public Resources Code Section 40000 et seq.
B. Permittees under this nr1inance 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 (4%) of the gross revenues for such
collection and/or transportation.
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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 recover; 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 suer information may result in revocation of any permit issued
tinder this divis?on.
13.16.200. 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 3. All ordinances and parts of ordinances in conflict herewith
are repealed insofar as such conflict may exist.
SECTION 1. This ordinance shall be published one time in the "Lodi
News Sentinel", a daily newspaper of general circulaticn printed and
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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 20th day of January 1993
v
PHILLIP A. PENNINO
Mayor
Attest:
NNIF13RliPERRIN
City Clerk
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State of California
County of San Joaquin, ss.
I, Jennifer Perrin, 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 was
thereafter passed, adopted and ordered to print at a regular meeting of
said Council held January 20, 1993 by the following vote:
Ayes:
Council
Members -
Davenport, Mann, Sieglock, Snider,
and Pennino (Mayor)
Noes:
Council
Members -
None
Absent:
Council
Members -
None
Abstain:
Council
Members -
None
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. `')
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11NNIFERRRIN
ity Clerk
Approved as to Form
BOBBY W. MCNATT
City Attorney
ORD1561CiTXTA.02J