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2020-294 Waste Handling ServicesoRDINANCE NO. 2020-294 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE ADOPTING CHAPTERS 6.30, 6.35, AND 6.40 OF TITLE 6 OF THE MENIFEE MUNICIPAL GODE RELATED TO SOLID WASTE HANDLING SERVICES AND RECYCLING, SELF-HAULING OF SOLID WASTE, RECYCLING OF SOLID WASTE FROM LARGE VENUES, AND CONSTRUCTION AND DEMOLITION ACTIVITIES WHEREAS, the Legislature of the State of California, by enactment of the California lntegrated Waste Management Act of 1989 and subsequent additions and amendments thereto ("AB 939'), has declared that it is in the public interest to authorize and require local agencies to make adequate provision for the disposal of all solid waste within their jurisdictions, and has established a solid waste management process, which requires cities and other local agencies to implement plans for source reduction, reLlse, and recycling as part of their integrated waste management practices; and WHEREAS, the City Council has granted an exclusive franchise for solid waste handling services within City (the "Agreement") to a solid waste enterprise (the "Contractor"), and finds the uniform collection and disposal of solid waste in a manner consistent with the terms of the Agreement to be in furtherance of the public health, welfare, and efficient administration of municipal waste management; and \I111-IEREAS, the City Council of the City of Menifee ('City Council") desires to establish a comprehensive regulatory scheme in order to maintain uniformity between localregulations, State laws governing solid waste collection, disposal, and recycling, and the Agreement; and WHEREAS, the City Council desires to amend the Municipal Code to adopt Chapters 6.30, 6.35, and 6.40 related to solid waste handling services and recycling, "self- hauling" of solid waste, recycling of solid waste from large venues, and construction and demolition activities. NOW THEREFORE, THE C|TY COUNCTL OF THE CITY OF MENIFEE HEREBY ORDAINS AS FOLLOWS: Section 1. Amendment to Municipal Code Title 6, to Add Chapters 6.30. 6.35. and 6.40. Chapters 6.30, 6.35, and 6.40 of the Menifee Municipal Code are hereby adopted to be titled "Collection of Solid Waste and Recycling," "Recycling Requirements for Large Events and Large Venues," and "Waste Reduction and Recycling Plan Requirements for Construction and Demolition Projects," and to read in their entirety as set forth on the attached Exhibit "A", which is incorporated herein by this reference. Section 2. Severabilitv. lf any section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Ordinance is, for any reason, held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such Solid Waste Handling Services decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council herby declares that it would have adopted this Ordinance and each section, subsection, subdivision, paragraph sentence, clause or phrase of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or effective. To this end the provisions of this Ordinance are declared to be severable. Section 3. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after adoption. Section 4. Postinq: The City Clerk shall cause this Ordinance to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the BOOK of ORDINANCES of the City of Menifee. This Ordinance was introduced for first reading at a regular meeting held on the 4th day of March 2020 and PASSED, APPROVED, and ADOPTED at a regular meeting of the Menifee City Council held on this 18th day of March, 2020. "- ATTEST A. Approved as to form City 2 Melching, thv ett zrnr{glal/ttavor \ EXHIBIT A CHAPTER 6.30 COLLECTION OF SOLID WASTE AND RECYCLING 6.30.010 Definitions. The words and phrases contained in this chapter shall have the meaning commonly associated with them unless special meaning is ascribed to them by the California Public Resources Code or the Califomia Code of Regulations (as either may be amended from time to time) in which case such meaning shall apply; except that the following words shall, for the purpose of this chapter, be defined as follows: A. "AB 939" means that State legislation commonly known as the California Integrated Waste Management Act (Stats. 1989, Chapter 1095, as amended) as codified in Public Resources Code section 49000, et seq, B. "Bins" means a metal container, commonly referred to as dumpsters, including compactors and any similar such devices, with a capacity of under ten (10) cubic yards. C. "Cart" means a plastic container provided by a Franchisee for Collection, with a hinged lid and wheels serviced by an automated process, as opposed to a manual process of lifting and dumping. D. "City" means the City of Menifee. E. "City Manager" means the City Manager of the City or his duly-authorized representative or designee. F. "Collect" or "Collection" or "Collecting" means to take physical possession of, transport, and remove Solid Waste from a premises. G. "Commercial Premises" means premises upon which business activity is conducted, including but not limited to retail sales, services, wholesale operations, manufacturing and industrial operations, but excluding Single Family Dwellings upon which business activities are conducted when such activities are permitted under applicable zoning regulations and are not the primary use of the property. Notwithstanding any provision to the contrary herein, for purposes of this chapter, premises upon which hotels and motels are operated shall be deemed to be Commercial Premises. Notwithstanding any provision to the contrary herein, for purposes of this chapter, Multi-Family Dwellings receiving Solid Waste Handling Services via Bins shall be deemed Commercial Premises. H. "Container" means any and all types of Solid Waste receptacles, including Carts, Bins, and Rolloff Boxes. 882/03 1858-0003 14708693.3 a02125/20 I. "Franchisee" means a person, persons, firm or corporation that has been issued a franchise by City to provide Solid Waste Handling Services within the City. J. "Hazardous Waste" means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the State of California in Health and Safety Code sections 25110.02, 25115 and 25177, or in the future amendments to or re-codifications of such statutes, or identified and listed as hazardous waste by the US Environmental Protection Agency (EPA) pursuant to the Federal Resource Conservation and Recovery Act (42 U.S.C. $6901, et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder. K. "Multi-Family Dwelling" means any building or lot containing more than one (1) dwelling unit which Franchisee determines (and City agrees) must receive Solid Waste Handling Services through the use of shared Bins, since they are not reasonably able to receive individualized Solid Waste Handling Services through the use of Carts or customer-provided Containers. Any ambiguity as to whether a customer's Premises qualifies as a Single Family dwelling or Multi-Family Dwelling shall be resolved by the City Manager whose decision shall be final. L "Organics" or "Organic Waste" means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste as defined in Public Resources Code Section 42649.8(c). M. "Premises" means any land, building and/or structure within the City limits where Solid Waste is generated or accumulated. N. "Person" means any individual, firm. corporation. association, group or other entity O. "Recycle" or "Recycling" means the process of Collecting, sorting, cleaning, treating and reconstituting materials that would otherwise become Solid Waste and returning these materials to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards used in the marketplace. P. "Recyclable Material" means that Solid Waste capable of being recycled a. "Rolloff Box" means Containers of ten (10) cubic yards or larger, including compactors. R. "Self Hauler" means any Person or entity that, pursuant to Section 6.30.090 of this chapter, provides for the Collection, transportation and disposal of Solid Waste generated by his/herlits own Premises. S. "Single Family Dwelling" means a building or lot containing one Dwelling Unit, and for purposes of this chapter includes buildings and lots with more than one Dwelling Unit where such Dwelling Units are determined by the City to be reasonably able to receive individualized Solid Waste Handling Service by the automated process utilizing Carts. Any ambiguity as to whether a Premises qualifies as a Single Family Dwelling or Multi-Family Dwelling shall be resolved by the City Manager. 882/03 I 858-0003 14708693.3 a02125120 a'L- T. "Solid Waste" means and include all discarded putrescible and non-putrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, rubbish, construction waste, industrial waste, commercial Solid Waste, and any other discarded solid, semisolid and liquid waste permitted to be disposed of at a Class III landfill and which are included within the definition of "Nonhazardous Solid Waste" set forth in the California Code of Regulations, as it may be amended from time to time. Solid Waste does not include Hazardous Waste (Class I), low-level radioactive waste, untreated medical waste, or Special Wastes as defined herein. U. "Solid Waste Handling Services" means the Collection, transfer, transport, recycling, processing, and disposal of Solid Waste, including discarded Recyclable Material and Organics for Premises within the City. V. "Source Separation" means the process of removing Recyclable Material from Solid Waste at the place of discard generation, prior to Collection, into separate containers that are designated for Recyclable Material, Organics, and refuse. W. "Special Event" means any special event, regardless of size, sponsored by any commercial or non-profit organization, group, or individual, which is held within the City of Menifee, and at which food and/or drinks are being provided for public consumption. This definition shall apply whether such food and/or drinks are prepared within or outside of the Menifee City limits. X. "Special Wastes" means wastes other than Solid Waste, including sewage, sludge, industrial sludge, asbestos, auto bodies, tires, used motor oil, Hazardous Waste, animal body parts, explosive substances, radioactive materials, acids, solvents and other materials which may not be disposed of at a Class III landfillor which require special handling. Y. "Yard Waste" means all leaves, grass cuttings and shrubs that accompany routine household or property maintenance functions. 6.30.020 Authoritv to Grant Franchises. The City Council may by resolution or ordinance grant one or more franchises for Solid Waste Handling Services related to Solid Waste generated within the City. 6.30.030 Subscrintion to Collection Service or Self-Haulins. A. Arraneements for Removal of Solid Waste Mandatory. Except as otherwise provided in this chapter, the owner, properfy manager, tenant and/or Person in charge or control of each Single Family Dwelling, each Multi-Family Dwelling, and each Commercial Premises in the City shall either (i) subscribe to Solid Waste Handling Services with a Franchisee for said Premises; or (ii) obtain and maintain registration as a self-hauler as set forth in this chapter in connection with said Premises. B. Exception: Vacant Premises. The above requirement to provide for Solid Waste Handling Services shall not apply in connection with any Single Family Dwelling or Multi- Family Dwelling at which all dwelling units are vacant, for a period of forty-five (a5) days or more, provided this exception shall only apply during the period of vacancy. Any Person 882/03 1858-0003 14708693.3 aO2l25/2O -J- seeking to avail himself/herself of the exception provided herein shall bear the burden of providing reasonable evidence to City, pursuant to such regulations or guidelines as the City Manager is hereby authorized to develop, demonstrating the Premises was vacant for the period in question. 6.30.040 Public Nuisance. A. It is unlawful, and a public nuisance, for any Person to occupy or inhabit any property within the City for which arrangements have not been made and kept in full force and effect for Solid Waste Handling Services in a manner consistent with the provisions hereof. B. The keeping of Solid Waste in Containers other than those prescribed by this chapter, or the keeping upon Premises of Solid Waste which is offensive, obnoxious or unsanitary, is unlawful, constitutes a public nuisance, and may be abated in the manner provided by law for the abatement of nuisances. 6.30.050 Containers. A. Every owner, occupant or Person in possession, charge or control of any Premises within the City shall deposit or cause to be deposited all Solid Waste generated or accumulated on such Premises, and intended for Collection and disposal, in sealed, watertight Bins, Carts, Rolloff Boxes or other Containers that are either (i) provided by, or acceptable to, a Franchisee; or (ii) approved by the City Manager for self-hauling purposes pursuant to this chapter. No owner, occupant or Person in possession, charge or control of any Premises shall utilize a Bin, Cart, Rolloff Box or other Container not in conformance with the requirements hereof for the Collection, accumulation or storage of Solid Waste. B. No Bin, Cart, Rolloff Box or other Container shall be placed adjacent to or in a street or public right-of-way for Collection service more than twenty-four (24) hours prior to the normal Collection time, and all Containers so placed shall be removed from the street or right-of-way within twelve (12) hours after Collection. C. Container lids shall remain closed at all times that the Container is unattended. If the Solid Waste contained within a Bin, Cart, Rolloff Box or other Container exceeds the actual capacity of the Container, then a larger Container or multiple Containers must be utilized. Any Solid Waste that does not reasonably fit within a Container (such as furniture or other large bulky items) must be covered and protected, as by a tarp, netting or other secured material, in order to prevent the scattering of debris by natural forces such as wind or animals. The owner, tenant, occupant and/or Person or entity in control of a Premises shall be responsible for the clean-up of any Solid Waste spilled, dumped or scattered as a result of a Container overflow. D. It is unlawful for any Person to share, place Solid Waste in, or to otherwise use the Bin, Cart, Rolloff Box or other Container of another Person or business. Notwithstanding anything contained herein to the contrary, the sharing of Containers shall be permitted under the following conditions: 882/03 1858-0003 14708693.3 a02125/20 -4- (l) The owner, property manager or Person in charge or control of a Premises upon which a Multi-Family Dwelling exists may arrange for Containers for shared use by the occupants, tenants or Persons in possession of the dwelling units on such Premises. (2) The occupants of a single commercial building or contiguous and adjacent commercial buildings may share a Container for Solid Waste Handling Services at a common location, subject to approval of the City Manager, which approval may be delegated to a Franchisee. Approval by the City Manager shall be based upon (i) the type of Solid Waste generated by each Commercial Premises; and (ii) the number of Containers and frequency of Solid Waste Collection needed to protect the public health, welfare and safety. E. It is unlawful to use any Bin, Cart, Rolloff Box or other Container fumished by a Franchisee for any purpose other than the Collection, accumulation and storage of Solid Waste; or to convert or alter such Containers for other uses; or to intentionally damage such Containers. F. All Containers used for the Collection of Solid Waste at Single Family Dwellings shall be stored out of public view in a side or rear yard or an enclosed garage except on Collection day. If the physical design of the dwelling does not allow for obscuring Containers from public view because of the type of fencing or lack thereof Containers shall be stored in an area adjacent to the dwelling at the point furthest from the closest street or roadway or in an enclosure adjacent to the dwelling designed to conform with the exterior design of the dwelling. 6.30.060 Frequency of Collection. A. Sinele Family Dwelline: Multi-Family Dwelline. With the exception of vacant Premises meeting the provisions of Section 6.30.030(B) above, not less than once per week, every owner, occupant or Person in possession, charge or control of any Single Family Dwelling or Multi- Family Dwelling within the City shall remove by self-hauling (as provided herein) or cause to be removed by subscription to services provided by a Franchisee all Solid Waste stored, generated, Collected or accumulated on such Premises. B. Commercial Premises. With the exception of vacant Premises meeting the provisions of Section 6.30.030(8) above, not less than once per week, every owner, occupant or Person in possession, charge or control of any Commercial Premises within the City shall remove by self- hauling (as provided herein), or cause to be removed by subscription to services provided by a Franchisee, all Solid Waste stored, generated, collected or accumulated on such Premises. C. Modifications to Collection Frequency. The City Manager may provide written notice to the owner of any Premises that the above minimum removal requirements are not sufficient to avoid the creation of a public nuisance due to unique circumstances at such Premises. City may direct that Solid Waste shall be removed by the owner of any Premises so notified on a more frequent schedule (as determined by City) and/or that additional or larger Containers shall be utilized (as determined by City). 882/03 1858-0003 14708693.3 a02125120 -5- 6.30.070 Unlawful and Prohibited Acts. A. It is be unlawful for any Person other than a Franchisee (or its agents and employees) to Collect any discarded Solid Waste including Recyclable Material, or otherwise provide Solid Waste Handling Services within the City. This prohibition shall not, however, apply to: (l) registered Self-Haulers as defined in this chapter; (2) the owner, tenant or occupant of a Single Family Dwelling, Multi-Family Dwelling, or Commercial Premises who has subscribed for and is receiving Solid Waste Handling Services with a Franchisee, when such owner, tenant or occupant is hauling materials generated at his/her own Premises to a lawful disposal or recycling facility. This exemption does not permit the hiring of any Person or entity, other than a Franchisee, to haul Solid Waste from one's own Premises; (3) the Collection, transportation and disposal of construction and demolition debris by a contractor, handyman, repairman or other similar service provider as an incidental part of the services provided to its customers, using its own employees and equipment, rather than as a hauling service, provided that such Solid Waste is not Collected or transported by a third party hired for the primary purpose of Collecting and transporting said materials, and further provided that such services comply with any ordinances, policies and regulations of City relating to the Collection of such materials; (4) the Collection, transportation and disposal of Yard Waste, green waste and related Solid Waste by a gardener or landscaper as an incidental part of the gardening or landscaping services provided to its customers, rather than as a hauling service, provided that such Solid Waste is not Collected or transported by a third party hired for the primary purpose of Collecting and transporting said materials; (5) any Person or entity Collecting Recyclable Material sold or donated to it by the Person or entity that generated such Recyclable Material (the "generator") provided, however, to the extent permitted by law, if the generator is required to pay consideration for the Collection, transportation, transfer or processing of Recyclable Material, the fact that the generator receives a reduction or discount in price therefor (or in other terms of the consideration the generator is required to pay) shall not be considered a sale or donation. B. It is unlawful for any Person, other than the owner, occupant or Person in possession, charge or control of any Single Family Dwelling, Multi-Family Dwelling, or Commercial Premises, or a Person authorized by law (such as a Franchisee), to remove any Bin, Cart, Rolloff Box or other Container from any such Premises or from any location where it was lawfully placed for Collection, without the prior written approval of the owner, occupant or Person in possession, charge or control of such Premises. C. No Person shall place Solid Waste adjacent to a street or public right-of-way for Collection by a Franchisee without having first subscribed for Solid Waste Handling Services with such Franchisee. 882/03 1858-0003 14708693.3 ^02125/20 -6- D. No Person shall burn any Solid Waste within the City, except in an approved incinerator or other device for which a permit has been issued by the building official and fire marshal, andwhich complies with all applicable local, state and/or federal permit requirements, laws, rules and regulations. E. It is unlawful for any Person, other than a Franchisee, to take, remove or appropriate for his/her own use any Solid Waste, including Recyclable Materials, which has been p-laced in any street or alley for Collection or removal by a Franchisee, regardless of whether the Solid Waste is placed in a Bin, Cart, Rolloff Box or other Container. 6.30.080 Use of Containers for Solid Waste Generated Durinq Construction and Demolition. Any Person who generates Solid Waste in connection with the construction of a new building, a building addition, remodel, or the demolition of any structure for which a building permit is required, shall either make arrangements for Solid Waste Handling Services with the use of Containers from a Franchisee or be registered to Self Haul such Solid Waste in the manner set forth herein. In addition to constituting a violation of this chapter, failure to produce evidence of compliance with this Section upon the request of a City building inspector, code enforcement officer or other City officer shall result in the red-tagging of the project by the City and a requirement that all work cease until compliance with this Section. 6.30.090 Mandatorv Recvclins (l) All Commercial Premises and all Multi-Family Dwellings must have a Recycling program. (2) A Recycling program must includethe separation of Recyclable Material from refuse, including but not limited to glass, plastics, cardboard, paper, metals and similar items to those that can be recovered by the City's Franchisee. (3) A Recycling program must also include proper container signage and/or education materials for employees, tenants or other approved users that indicate how to properly separate waste materials. (4) The goal of the Recycling program shall be to divert at least fifty percent (50%) of waste generated at the Premises from being disposed as refuse designated for disposal in a landfill. If the City's Franchisee is not utilized to meet the requirements of this section, the refuse account owner must provide written certification to the satisfaction of the City Manager that another system is in place for recovery and diversion of waste from the landfill. 882/03 1858-0003 14708693.3 a02125120 -7- 6.30.100 Recovery of Organic Waste (1) Any Commercial Premises that generates four (4) cubic yards or more of Organic Waste per week shall arrange for Recycling services specifically for Organic Waste. (2) Any Commercial Premises that generates four (4) cubic yards or more of Solid Waste per week, shall arrange for Recycling services specifically for Organic Waste, unless the Commercial Premises does not generate Organic Waste. (3) If at any time CalRecycle, a state agency, determines that statewide disposal of Organic Waste has not been reduced to fifty percent (50%) of the level of disposal during 2014, a Commercial Premises that generates two (2) cubic yards or more per week of Solid Waste shall arrange for Organic Waste Recycling services, unless the Commercial Premises does not generate Organic Waste. (4) Organic Waste Recycling may be completed by any one of thefollowing:(a) Subscribe to Organics Collection services offered by the Franchisee(b) Recycle or compost Organic Waste for use onsite(c) Self-haul Organic Waste to a permitted location for Recycling or composting (d) A landscaper may remove green waste on behalf of a Commercial Premises if such removal is an ancillary service to the primary work of the landscaper and the Organic material is taken to a permitted Recycling or composting facility. (5) The City may require written certification of adequate Recycling practices from any owner of a Commercial Premises or of a business located thereon that chooses an Organics Recycling method other than Section 14.3-l (eXl). The City may require written certification from any owner of a Commercial Premises or of a business located thereon that declares that his or her Commercial Premises does not produce Organic Waste. 6.30.110 Food Providers and Special Events (1) Owners or managers of all food providers and Special Events must provide adequate Solid Waste Collection service to their employees, contractors, customers and guests. (2) Owners or managers of food providers and Special Events that are expected to host more than one hundred (100) persons (including employees) must supply adequate Solid Waste Collection, including appropriate containers, placed in appropriate locations, to make Source Separation of Recyclable Materials and refuse convenient for employees, contractors, customers and guests of the food provider or Special Event. The containers must: 882/03 I 858-0003 14708693.3 a02125120 -8- (a) Be of adequate size and number based on the Solid Waste quantities reasonably anticipated to be generated at the location. (b) Bear the appropriate signage and be color coded to identiSr the type of Solid Waste to be deposited, blue for Recyclable Material and brown/black for refuse, and meet any additional design criteria as determined by the city of Menifee. (c) Be of sufficient quantity for the size of the event and placed in groups of at least two (2), including a refuse and Recycling container, to provide equally convenient access to users. (3) Owners or managers of food providers and Special Events that are expected to host more than one hundred (100) persons must also provide information or training for employees or contractors on how to Source Separate refuse and Recyclable IVftrterial. 6.30.120 Self Haulers. A. Self Haulers registered and operating in accordance with this chapter are only permitted to Collect, transport and dispose of Solid Waste generated by and upon the Self Hauler's own Premises. Under no circumstances may a Self Hauler Collect, transport or dispose of Solid Wastes generated upon Premises that are not owned, operated or controlled by the Self Hauler. Notwithstanding any other provision of this chapter, registered Self Haulers shall not be permitted to share, place Solid Waste in, or to otherwise use the Bin, Cart, Rolloff Box, or other Container ofanother Person or business. Reeistration. All Self Haulers shallsubscribe to the following registration requirements: (l) Each Self Hauler shall obtain registration from the City Manager. Self Haulers must renew their registrations the commencement of each fiscalyear. Initialapplications following the adoption of these regulations, for the 2020-2021 fiscal year, must be submitted to the City Manager on or before January 1,2021 . (2) The application to register for self-hauling, whether upon initial application or renewal, shall include the following: (i) a list of all Bins, Carts, Rolloff Boxes and other Containers to be used by the Self Hauler; (ii) a list of alltransport and disposal equipment to be used by the Self Hauler; (iii) awritten explanation of where all Solid Waste will be delivered for disposal and diversion; (v) a written plan explaining to the reasonable satisfaction of the City Manager how not less than fifty percent (50%) of Solid Waste Collected will be diverted from disposal in compliance with AB 939; and (vi) any other information deemed necessary by the City Manager to ensure protection of public health, safety and sanitary needs. (3) Renewal applications shall additionally include: (i) receipts from self-hauling activities undertaken in the prior year demonstrating that the applicant has effectively diverted at least fifty percent (50%) of all Solid Waste generated at its Premises from B 882/03 1858-0003 14708693.3 aQ?/25120 -9- landfills in a manner that complies with the requirements of AB 939; and (ii) receipts from self-hauling activities undertaken in the prior year demonstrating that the applicant has delivered Solid Waste generated at its Premises to appropriate disposal or recycling facilities at least as frequently as Collection is required for such Self Hauler by the City Manager. (4) The City Manager shall approve the application if it meets the requirements of this Section, and if the equipment, Containers, diversion plan and disposal plan meet with his reasonable satisfaction, and if evidence of past diversion and disposal requirements demonstrate the applicant has complied with the fifty-percent (50%) diversion requirement and otherwise complied with all laws related to disposal of Solid Waste. C. Containers. Each Self Hauler shall provided its own Bins, Carts, Rolloff Boxes or other Containers. Bins, Carts, Rolloff Boxes or other Containers utilized by a Self Hauler must conform to industry standards for Solid Waste disposal and must be approved by the City Manager in writing prior to issuance of a self-hauler registration. In addition, any Containers utilized by a Self Hauler shall comply with the following requirements: (l) All Containers shall be maintained in good repair, and any question as to the meaning of this standard shall be resolved by the City Manager. (2) A1l Containers shall be maintained in a sealed, watertight condition; (3) Self Haulers shall remove any graffiti that appears on Containers within twenty- four (24) hours after becoming aware of it. D. Collection and Transport Equipment. Collection and transport equipment, includ not limited to transport trucks and vehicles, utilized by a Self Hauler must be approved City Manager in writing prior to issuance of a self-hauler registration. E. Non-Commercial Venture. It is the intent of this chapter to prevent and proscribe self- hauling activities undertaken as a commercial enterprise. Self Haulers must obtain all equipment, including Containers and Collection and transportation equipment, at a fair market value that does not include any hauling services, "free" or otherwise. A Self Hauler may utilize its own employees to undertake self-hauling activities, but under no circumstance may a Self Hauler utilize an independent contractor or any other Person or entity for Solid Waste Handling Services other than a Franchisee. F. Other Recvcling Oblieations. Self Haulers shall Recycle all Recyclable Materials not otherwise addressed by this Section to a degree and in a manner consistent with standards generally applicable to the Solid Waste industry and as required by State law. G. Collection Frequency. Unless otherwise specifically provided in this chapter, Self Haulers shall remove Solid Waste from their Premises at least once per week. However, upon application to the City for a self-hauler permit, the City Manager may determine a different frequency for Solid Waste Collection, transport and disposal from the Self Hauler's Premises. This determination shall be based upon the nature of the Premises, the type of Solid Waste ing but by the 882/03 I 858-0003 14708693.3 a02125/20 -l 0- generated by the Premises, and the Collection capacity of the Self Hauler as demonstrated by information in the application. H. Hazardous and Soecial Wastes.Unless lawfully and currently licensed under state, federal and local laws, no Self Hauler shall engage in the Collection, transport or disposal of Hazardous Waste or Special Wastes. I. Revocation. The City Manager may revoke a self-hauler permit if the permittee either (i) fails to divert at least fifty percent (50%) of all Solid Waste generated at its Premises from landfills in a manner that complies with the requirements of AB 939; or (ii) fails to deliver Solid Waste generated at its Premises to appropriate disposal or recycling facilities at least as frequently as Collection is required for such Self Hauler by the City Manager. 6.30.130 Violations. A. Unauthorized Containers. In addition to any other penalties and/or remedies as set forth in this chapter or provided for by law, any Container placed within the City for the Collection of Solid Waste in violation of Section 6.30.070 (hereinafter "Unauthorized Container(s)") may be impounded as set forth herein. (l) The City Manager may cause a notice to be placed in a conspicuous place on any Unauthorized Container directing that it be removed. The notice shall specifi the nature of the violation and shall state that the bin, drop-off box, trailer or waste receptacle must be removed within twenty-four hours or it may be removed and stored by the City, and the contents disposed of, at the expense of the owner thereof. The notice shall indicate the time that it was posted and shall include the name and phone number of a person designated by the City to hear any appeal or challenge to the requirement that the Container be removed; and, further, shall indicate that any appeal of the order for removal must occur within twenty-four hours of the posting of the notice. The posting of a notice to remove shall constitute constructive notice to the owner and user of the requirement to remove the Unauthorized Container, and a copy of the notice shall be provided to owner of the Unauthorized Container once said owners identity is ascertained by City, and if not provided sooner, a copy of the notice shall be provided at such time as the owner of the Unauthorized Container seeks to retrieve any such Container removed hereunder. (2) If within twenty four hours after a notice to remove is posted on an Unauthorized Container a request for an appeal has not been received and the bin, drop-offbox, trailer or waste receptacle is not removed, the City Manager may direct (including by delegation to the Franchisee) the removal and storage of the Unauthorized Container. In addition, if the contents of the Container is either comprised of a substantial amount of petruscible Solid Waste, or determined by the City Manager to create a threat to health and safety if not disposed of immediately, the City Manager may direct that the contents of the Container be disposed of. The owner of the Unauthorized Container shall be responsible to reimburse the City for the actual cost of removal, storage and disposal. All amounts due to the City for the cost of removal, storage and disposal must be paid before the Unauthorized Container may be returned to the owner. Such amounts shall constitute a 882/03 r 858-0003 14708693.3 a02125/20 -t l- debt owed by the owner to the City, and the owner shall be liable to the City in an action brought by the City for the recovery of such amounts. (3) Between the date following the date upon which any Unauthorized Container is removed by the City, and the date which is five (5) business days following its retrieval from City, the owner of the Unauthorized Container may request a hearing to appeal the City's determination that the Container is an Unauthorized Container subject to removal by City as set forth herein. The City Manager shall establish a procedure for such a hearing and the method for requesting such a hearing shall be included on the notice to remove. If the appeal is granted, any payments due to City shall be forgiven and any amounts paid reimbursed. (4) If the identity of the owner of an Unauthorized Container that has been removed by the City is known to the City Manager, the City Manager shall promptly cause a copy of the notice to remove to be mailed to the owner along with a request that the owner to claim the stored property. If the Unauthorized Container is not claimed within ninety- five days after mailing of the notice to the owner, or ninety days after removal if the identity of the owner is unknown to the City Manager, the Unauthorized Container and its contents shall be deemed abandoned property and may be disposed of accordingly. The notice to be posted on Unauthorized Containers shall specifr that the forgoing procedure related to abandonment will apply. B. Penalty. Any person who violates any provision of this chapter shall be guilty of a separate offense for each and every day, or any portion thereof, of which any violation of any provision of this chapter is committed, continued, or permitted by such person, and shall be punishable as misdemeanor or an infraction, at the discretion of the City Manager. (1.) Penalty for Misdemeanor Violation. Any person convicted of a misdemeanor under any provision of this chapter shall be punishable by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment in the County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment. (2). Penaltyfor Infraction Violation. Any person convicted of an infraction under any provision of this chapter shall be punished by: (a) A fine not exceeding One Hundred Dollars ($100.00) for a first violation; (b) A fine not exceeding Two Hundred Dollars ($200.00) for a second violation of the same provision within one (1) year;and (c) A fine not exceeding Five Hundred Dollars ($500.00) for a third and for any additionalviolation of the same provision within one (l) year. C. Violations Deemed to be a Public Nuisance. 882/03 1858-0003 14708693.3 a02t25/20 -12- In addition to any penalties otherwise imposed, any violation of the provisions of this chapter is deemed to be a public nuisance which may be abated in the manner provided by law for the abatement of nuisances. D. Attomey Fees. In addition to any civil and criminal penalties as provided by the provisions of this chapter or otherwise, the City may recover reasonable attorneys' fees and court costs other such expenses of litigation and/or prosecution as it may occur by appropriate suit at law against the person found to have violated any provisions of this chapter. 882/03 r 858-0003 14708693.3 a02/25/20 - l3- CHAPTER 6.35 RECYCLING REQUIREMENTS FOR LARGE EVENTS AND LARGE VENUES 6.35.010 Definitions For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section: A. "Administrative Authority" shall include the Director of Community Development, the City Manager or authorized representative designated by each or either of them. B. "Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, govemment agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the City for a permit, as defined in this chapter, and who is, therefore, responsible for meeting the requirements of this chapter. C. "Large Event" means any large event that charges an admission price or for which an applicant seeks temporary or periodic use or occupancy in or on a public street, publicly owned site or facility or public park within the City for a civic, commercial, recreational or social event attended by more than 2,000 persons, including workers, per day of operation. D. "Large Venue" means a facility that annually seats or serves an average of more than 2,000 individuals per day of operation, including workers, such as, but not limited to, convention centers, community centers, golf clubs, amusement parks, recreational parks, theaters and concert halls located within the City and any other facility or place that is a "venue facility" for purposes of Public Resources Code Section 42648. For purposes of this chapter, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. E. "Recycling" means the process of collecting, sorting, cleansing, treating and reconstituting items that would otherwise be disposed of in a landfill. F. "Waste Management Plan" means a plan for reducing and managing waste, submitted to the Administrative Authority for review in compliance with this chapter. 6.35.020 Purpose The City Council declares that the purpose of this chapter is to reduce waste from large events and large venues by requiring those who operate large events and large venues to develop and implement waste management plans to reduce waste placed in landfills and to report diversion and recycling to the City. The following large events and large venues are subject to the requirements of this chapter: A. All events charging an admission price or for which an applicant seeks temporary or periodic use or occupancy of a public street, publicly owned site or facility or public park within the City for a civic, commercial, recreational or social event attended by or anticipated to be attended by an average of more than 2,000 individuals per day of operation. 14 B. All venues that annually seat or serve an average of more than 2,000 individuals per day of operation, including but not limited to convention centers, community centers, golf clubs, amusement parks, recreational parks, theaters and concert halls located with the City. 6.35.030 Application of chapter to large events and large venues Large events and large venues shall meet the requirements of and shall comply with all provisions of this chapter. 6.35.040 Waste management plan requirements A. All large event applicants shall develop and submit to the City a waste management plan for reducing and recycling waste as part of the application for a permit. The waste management plan shall include the following information: (l). An estimate of the anticipated amount and type of waste generated and material disposed and diverted from the event. (2). Proposed actions to reduce, reuse and recycle the amount of waste generated from the event. (3). Arrangements for separation, collection and diversion from landfills of reusable and recyclable materials. B. All large venues shall develop and submit to the City a waste management plan on an annual basis on or before January I of each year. The waste management plan shall include the following: (l). An estimate of the amount and type of waste generated and material disposed and diverted from the venue. (2). The existing Solid Waste reduction, reuse and recycling programs that the operator of the large venue utilizes. C. All large event applicants and large venue operators shall, on or before July l, 2020, and on or before July l, biennially thereafter, meet with recyclers and waste service providers of the large event or large venue to determine the appropriate waste reduction programs to meet the requirements of this chapter. 6.35.050 Review of waste management plan A. Time for Review. A waste management plan shall be approved or rejected no later than 20 business days after a complete application is made for a large event and or a waste management plan is submitted for a large venue. B. Approval. The Community Development Director or designee may approve the plan subject to conditions reasonably necessary to meet the standards of this chapter and may consult with the City's Solid Waste hauler concerning the viability of the Waste Management Plan and compliance by large events and large venues with diversion requirements: 15 C. Rejection. If the Administrative Authority rejects the waste management plan, the grounds for rejection shall be clearly stated in writing. 6.35.060 Wastemanagementcompliancereporting Within 30 days of receiving a written request for information from the City, the large event or large venue operator shall provide a written report to the administrative authority containing the following documentation: A. A listing of waste reduction, reuse, recycling and diversion programs implemented for the event or venue. B. The type and weight of materials diverted and disposed at the event or venue 6.35.070 Actions by the City A. When issuing a permit to an operator of a large event or large venue, the City shall provide information to the operator that can be implemented to reduce, reuse and recycle Solid Waste materials generated at the event or venue and provide contact information about where Solid Waste materials may be donated, recycled or composted. This information may include, but is not limited to, providing information directing the operator of the large event or large venue to the CalRecycle Web site or any other appropriate Web site. B. As part of the City's annual report submitted pursuant to Section 41821 of the California Public Resources Code tothe CalRecycle City shall include an estimate and description of the top l|Yo of its large events and large venues based upon the amount of Solid Waste generated at such events and venues as submitted by operators of large events and large venues. To the extent that the information is readily available to the City, the information shall include the name, location and a brief description of the event or venue, a brief description of the types of wastes generated, types and estimated amount of materials disposed and diverted by weight, and existing Solid Waste reduction, reuse and recycling programs that the operator of the large event or large venue utilizes to reduce, reuse and recycle the Solid Waste. C. The City may charge and collect a fee from an operator of a large event or large venue in an amount to be established by resolution of the City Councilto recover the City's estimated costs incurred in complying with this chapter. 6.35.080 Penalty. In addition to any other available penalties and/or remedies, any event or venue identified under this chapter as a large event or large venue not complying with the waste management plan approved by the administrative authority may be subject to waste audits by the City or its designated representatives or contractors at the expense of the operator of the large event or large venue. Based on such audits, the City may require additional processing of Solid Waste generated by the event or venue at an additional cost to the operator to meet the diversion goals of the City. t6 CHAPTER 6.40 WASTE REDUCTION AND RECYCLING PLAN CONSTRUCTION AND DEMOLITION PROJECTS REQUIREMENTS FOR 6.40.010 Authority and Findings A. Under California law embodied in the California Waste Management Act (California Public Resources Code Sections 40000 et seq.), the City is required to prepare, adopt and implement source reduction and recycling elements to reach reduction goals set forth therein, and is required to make substantial reductions in the amount of waste materials going to the State's landfills by diverting fifty percent (50%) of materials from landfills annually or will face substantial penalties. Debris from construction and demolition projects represents a significant portion of the volume of Solid Waste that is being disposed of in landfills, much of which is suitable for recycling. Consequently, the purpose of this chapter is to increase the amount of construction and demolition debris that is recycled or reused so as to reduce the amount that is disposed of in landfills. B. This ordinance is enacted pursuant to the police power of the City as set forth in Article XI, Section 7 of the California Constitution. 6.40,020 Definitions A. "Applicant" shall mean any individual, firm, contractor, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever that applies to the City for the applicable permits to undertake any construction or demolition project within the City. B. "Compliance Official" shall mean the staff person(s) designated by the Director of Community Development authorized and responsible for implementing this article. C. "Construction" shall mean the building of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure. D. "Construction and Demolition Debris " shall mean (1). Discarded materials generally not considered water soluble and non-hazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, wallboard, roofing materials, and lumber from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure and/or landscaping, including rocks, soil, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping, and development operations for a construction project. (2). Clean cardboard, paper, plastic, wood, and metal scraps from any construction project. t7 (3). Other non-hazardous wastes that are generated at construction or demolition projects provided such amounts are consistent with best management practices of the industry. E. "Demolilion" shall mean the decimating, razing, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior. F. "Designated Recyclable and Reusable Materials " shall include, but is not limited to: (l). Masonry building materials including all products generally used in construction including, but not limited to, asphalt, concrete, rock, stone, mortar, and brick. (2). Wood materials including any and all dimensional lumber, fencing or construction wood that is not chemically treated, creosoted, contaminated, or painted. (3). Metals including all metal scrap such as, but not limited to, pipes, siding, window frames, door frames, and fences. (4). Roofing materials, including wood shingles as well as asphalt, metal, stone and slate based roofing materials. (5). Salvageable materials includes all salvageable materials and structures including, but not limited to, wallboard, doors, windows, fixtures, toilets, sinks, bath tubs, and appliances. G " Divert" shall mean to use material for any purpose other than disposal in a landfill. H. "Projecr" shallhave the meaning set forth in Section 6.40.030 of this chapter I. "Project Sire" shall mean a lot or parcel where demolition, construction, addition, or alteration is proposed. In the case of a residential subdivision under construction, "project site" means the parcels proposed for development in a particular phase by a homebuilder. J. "Recycling" shall mean the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become Solid Waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. K. "Renovation" shall mean any change, addition, or modification in an existing structure. L. "Reuse " shall mean further or repeated use of construction or demolition debris. M. "Waste Reduction and Recycling Plan" shall mean a completed City-provided form submitted before the issuance of a building and/or demolition permit, approved by the Compliance Official for the purpose of compliance with this article. N. "Waste Reduction and Recycling Report" shall mean a completed City-provided form submitted quarterly and after demolition or construction, as a precedent to final inspection and issuance of any certificate of occupancy, approved by the Compliance Official for the purpose of compliance with this article. l8 6.40.030 Applicability of Chapter Projects subject to the requirements of this chapter shall include any Construction or Demolition work that consists of one or more of the following: A. Demolition of a building or structure, or a portion thereof, that is equal to or greater than 500 square feet (residential, commercial, industrial, or institutional). B. Construction of a new commercial, industrial, or institutional building or structure that is equal to or greater than 500 square feet. C. Construction of any new residential dwellings whatsoever D. Construction of new multifamily dwellings where four or more units are under Construction at a given time. E. Addition or alteration of a commercial, industrial, institutional, or multifamily building or structure that is equal to or greater than 500 square feet. 6.40.040 Exemptions The following projects will not be subject to the requirements set forth by this chapter: A. Emergency work (demolition, construction, addition, or alteration performed in order to protect the public health, safety or welfare as defined in Public Resources Code Section 21060.3 and as determined in writing by any public safety official or code compliance officer or the City, prior to the commencement of the emergency work. B. A project contaminated by hazardous substances or waste as defined by state or federal law. 6.40.050 Diversion Requirements Every applicant shall make a good fair effort to divert fifty percent (50%) of Construction and Demolition Debris generated from every applicable Construction, remodeling, or Demolition project from landfills by using recycling, reuse, and diversion programs. Separate calculations and reports will be required for the Construction and Demolition portions of Projects that involve both activities. 6.40.060 Issuance of a Building or Demolition Permit A. Submission of Waste Reduction and Recycling Plan: Except as provided in Section 6.40.060(8) below, every applicant shall submit a properly completed "Waste Reduction and Recycling Plan" as provided by the City as a requirement of the building or demolition permit process. The plan shall be submitted as part of the building permit application packet and shall be accompanied by a fee, as established by resolution of the City Council, that is sufficient to cover the City's costs associated with reviewing and processing the Plan. The Waste Reduction and Recycling Plan shall indicate those materials to be recycled and/or disposed of and such other project information as required by the Compliance Official including at least all of the following: l9 (l). The estimated volume or weight of the project Construction and Demolition Debris to be generated, listed by each type of material; (2). Volume or weight of the Construction and Demolition Debris to be reused, salvaged or recycled listed by each type of material; (3). The estimated volume or weight of Construction and Demolition Debris that will be landfilled listed by each type of material; (4). The facilities or service providers to be used by the applicant; and (5). The estimated date on which demolition or construction is to commence. B. Approval of Waste Reduction and Recycling Plan: (l). Notwithstanding any other provisions of this chapter, no building or demolition permit shall be issued for any project as defined in this chapter unless and until the Compliance Officialhas approved the Waste Reduction and Recycling Plan. (2). A Waste Reduction and Recycling Plan will be approved or denied within 15 business days after a complete permit application is filed with the City. Any approval may include conditions reasonably necessary to meet the standards of this chapter. (3). The Compliance Official shall only approve a Waste Reduction and Recycling Plan if he or she determines that it contains all of the information required by this chapter and determines that the Plan if followed will represent a good faith effort by the applicant to divert at least fifty percent (50%) by weight of all Construction and Demolition Debris generated by the Project. Volume calculations converted to weight in a manner reasonably determined by the Compliance Official may be utilized for this purpose as needed. If the Compliance Official determines that all of the above conditions have been met, he or she shall mark the Waste Reduction and Recycling Plan "Approved", return a copy of the plan to the applicant, and notif, the Community Development Department that it has been approved. C. Denial of Waste Reduction and Recycling Plan: If the Compliance Official determines that the Waste Reduction and Recycling Plan is incomplete he or she shall return it to the applicant marked "Denied, Further Explanation Required". The applicant must then submit additional information before the Waste Reduction and Recycling Plan can be reviewed and the building or demolition permit issued. D. Evidence of Subscription with Franchisee: An applicant who provides evidence to the Compliance Official that the applicant subscribes to Solid Waste Handling Service with the Franchisee shall not be required to submit a Waste Reduction and Recycling Plan. 6.40.070 CompliancewithDiversionRequirements A. During Demolition or Construction, the Compliance Official may inspect Project sites to determine compliance with the Waste Reduction and Recycling Plan. The applicant, if requested, must supply written proof of compliance with its Waste Reduction and Recycling 20 Plan within five (5) business days. Failure to comply with the Waste Reduction and Recycling Plan during Construction or Demolition is a violation of this chapter, and in addition to any other penalty and/or remedy, shall be grounds for issuance of a "stop work" order and/or issuance of an administrative citation. Each day that the applicant fails to comply with the requirements of this chapter constitutes a separate offense. B. Applicants shall submit proof of compliance with this chapter on a quarterly basis during Construction and/or Demolition as well as at the end of the Project to demonstrate compliance with the Project's Waste Reduction and Recycling Plan. If a Project involves both Demolition and Construction, the report and documentation for the Demolition Project must be submitted and approved by the Compliance Official before issuance of a building permit for the Construction Project. Quarterly reports shall be submitted each April 30, July 30, October 30, and January 30 (or as determined by the Compliance Official) and are to cover the previous three calendar months (January through March, April through June, July through September, and October through December). End of Project reports are to be submitted at the end of the Project as a precedent to final inspection and certificate of occupancy. Proof of compliance to be submitted with quarterly and end of Project reports shall include: (l). Submittal of a completed City-provided Waste Reduction and Recycling Report. (2). Receipts from the vendor or facility which collected or received each material showing the actual weight or volume of that material (recyclables and Solid Waste). Each receipt must clearly state the Project title and date. If the receipt provides information for multiple Projects, the Project titles and the amounts of material for each Project must be clearly identified. (3). Weight slips/count of material salvaged or reused in the Project. Each receipt must clearly state the Project title and date. If the receipt provides information for multiple Projects, the Project titles and the amounts of material for each Project must be clearly identified. (4). Any additional information the Compliance Official reasonably determines is needed to demonstrate compliance with the Applicants approved Waste Reduction and Recycling Plan. 2t STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF MENIFEE ) )ss ) l, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing Ordinance No. 2020-294 was duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 18 of March 2020 by the following vote: Ayes:Deines, Liesemeyer, Sobek, ZimmermanNoes: NoneAbsent: AugustAbstain: None hA. Clerk MMC ME N IFEE / O5. I