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O 511 C.S. ORDINANCE NO. 511 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 4 OF TITLE 6 OF THE ARROYO GRANDE MUNICIPAL CODE TO ESTABLISH A MANDA TORY COMMERCIAL AND INDUSTRIAL RECYCLING PROGRAM WHEREAS, AB 939 (California Integrated Waste Management Act) requires each city and county to reduce the amount of waste disposed of at area landfills by 50% by the year 2000; and WHEREAS, Section 40059 of the Public Resources code provides, in part, that under the California Integrated Waste Management Act, a city retains the power to determine, among other things, frequency of collection, means of collection, and transportation, level of services, charges and fees, and the nature, location, and extent of providing solid waste handling services; and WHEREAS, the City Council finds that the cost of disposing of solid waste in area landfills has increased dramatically, and that it is anticipated that costs will continue to rise; and WHEREAS, the City Council finds that much of the waste generated in Arroyo 'Grande can be effectively segregated and recycled, thus controlling and reducing the cost of waste disposal to Arroyo Grande businesses as well as making recyclable materials available for re-use and remanufacturing; and WHEREAS, the City Council finds that it is in the best interest of the residents and businesses in Arroyo Grande to institute a commercial and industrial recycling .program in Arroyo Grande. NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOllOWS: SECTION 1: Section 6-4.02 of Title 6, Chapter 4, of the Arroyo Grande Municipal Code is amended to add the following definition: "9ommercial or Industrial Business" means a commercial or industrial business enterprise including commercial, industrial, or non-profit business uses or any other type of premise other than single-family and multiple family residential, which has a commercial garbage account. SECTION 2: Section 6-4.18.1 is hereby added to Chapter 4 of Title 6 of the Arroyo Grande Municipal Code to read as follows: ORDINANCE NO. 511 C.S. PAGE 2 Sec. 6-4.18.1. Mandatory Commercial/Industrial Recycling (a) COMMERCIAL/INDUSTRIAL RECYCLING REQUIREMENTS -- FRANCHISEE. Any and all permitted recycling franchisees within the City of Arroyo Grande shall be required to accomplish the following: . 1) Supply appropriate recycling containers to all commercial and industrial business customers served by said recycling franchisee. 2) Work with commercial and industrial business customers to encourage recycling and to educate such customers about the need and requirement to recycle within the City. The recycling franchisee shall submit for approval by the Community Development Director a strategy and methodology ("action plan") for increasing diversion' and recycling within the City, to include educating, sending out notices, advertising in local publications, conducting workshops, oqtaining formal commitments from businesses to recycle, policing diversion rates, and identifying businesses that fail to substantially comply with the recycling program. The action plan shall be submitted to the City for approval within 90 days of receiving notice from the City to submit said plan. 3) Closely monitor the diversion rates of commercial and industrial businesses with respect to compliance with the requirements of the California Integrated Waste Management Act or as provided under applicable state law. (b) REQUIRED MONTHL Y REPORTS. Any and all recycling franchisees removing recyclable material from the waste stream generated by commercial and industrial businesses shall report such diversions to the City on a monthly basis and indicate the type and amount of material diverted. The recycling franchisee shall prepare a City-approved form for this specific purpose. (c) RANDOM SAMPLING. The City or its designee shall conduct random sampling of the waste stream to assure substantial compliance with the recycling requirements of the City. If the sample contains more than twenty percent (20%) of ORDINANCE NO. 511 C.S. PAGE 3 recyclable material as defined in the Recycling Services Franchise Agreement, the business will be deemed to be in substantial noncompliance. A warning will be issued and the waste will be resampled within a six (6) month period. Any subsequent finding of substantial non-compliance shall result in the business paying for the cost of the sampling in addition to the imposition of other penalties as specified below. (d) PENAL TIES FOR SUBSTANTIAL NON-COMPLIANCE. If a commercial or industrial business fails to comply with recycling requirements as determined from the sampling program, the City may suspend or revoke the applicable business license permit, and/or impose a civil fine of $500 for each day the business has failed to substantially comply. (e) ANTI-SCAVENGING. No person or entity other than the business owner, employee or agent of the business, or licensed recycling franchisee shall remove any material from a recycling container. SECTION 3: That all ordinances, codes, sections of ordinances and codes, and resolutions that are inconsistent with the provisions of this Ordinance are hereby repealed. SECTION 4: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unlawful or unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that anyone or more section, subsection, subdivision, paragraph, sentence, clause or phrases be declared unlawful or unconstitutional. SECTION 5: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days. prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the Director of Administrative Services/Deputy City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the Director of Administrative Services/Deputy City Clerk shall post a certified copy of the full text of such adopted Ordinance. This ordinance shall take effect and be in full force and effect thirty (30) days after its passage. ORDINANCE NO. 511 C.S. PAGE 4 On motion of Council Member Runels, seconded by Council Member Dickens, and on the following roll call vote, to wit: AYES: Council Members Runels, Dickens, Tolley, Ferrara, and Mayor Lady NOES: None ABSENT: None the foregoing Ordinance was adopted this 23rd day of November, 1999. ORDINANCE NO. 511 C.S. PAGE 5 ~ ATTEST: tJiJ 1lJiJ/r-L- TM RE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: tlxn L. ~ ROBERT L. HUNT, CITY MANAGER APPROVED AS TO FORM: OFFICIAL CERTIFICATION I, KELLY WETMORE, Director of Administrative Services/Deputy City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Ordinance No. 511 C.S. is a true, full, and correct copy of said Ordinance passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 23rd day of November, 1999. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 29th day of November, 1999. :vJiUtI/LL-- ORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK