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Ordinance No. 971186 ORDINANCE NO. 971 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, REGULATING THE COLLECTION, TRANSFER, DISPOSAL AND /OR RECYCLING OF SOLID WASTE BY AMENDING CHAPTER 12, "SOLID WASTE MANAGEMENT," AND ADDING SECTION 14.5 TO APPENDIX I AND AMENDING SECTION 10.7.0 OF APPENDIX I OF THE CODE OF THE CITY OF CYPRESS WHEREAS, the California Integrated Waste Management Act of 1989 (the "Act ") requires the City of Cypress, California to divert twenty -five percent (25 %) of all solid waste from landfills by 1995 and fifty percent (50%) by the year 2000; and WHEREAS, the Act requires the implementation of source reduction, reuse and recycling activities for solid waste as methods to achieve the required diversion percentages; and WHEREAS, pursuant to Public Resources Code § 40059, the City may determine all aspects of solid waste handling that are of local concern, including but not limited to the need for an exclusive franchise for the provision of solid waste handling services; and WHEREAS, the City desires to amend in full Chapter 12 of the Code of the City of Cypress, which relates to the handling of garbage, refuse and solid waste, and to the granting of an exclusive franchise for solid waste services; and WHEREAS, the City desires to add Section 14.5 to Appendix I and to amend Section 10.7.C. of Appendix I of the Code of the City of Cypress, which establishes areas for collecting and loading recyclable materials in development projects located within the City; and WHEREAS, the City Council of the City of Cypress has determined that the public health, safety and well -being will best be served by an ordinance regulating the collection, transfer and removal of solid waste. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Chapter 12, "Garbage and Refuse" of the Code of the City of Cypress is hereby amended in full to read as follows: Art. I. Art. II. Art. III. Art. IV. Art. V. Art. VI. Art. VII. "CHAPTER 12 SOLID WASTE MANAGEMENT Definitions, § 12 -1 Rights and Responsibilities of Generators, § §12 -2 - 12 -9 Prohibited Acts, §§ 12 -10 - 12 -16 Integrated Waste Management, §§ 12 -17 - 12 -18 Ci.. f Franchise, :4 se §§ 17 1(01 17 20 vla11L of 1'1uaI�hIJv P €r�� or License, a tiI'1 ii -V Enforcement, § §12 -21 - 12 -25 Hazardous Materials Disclosure, § 12 -26 ARTICLE I. DEFINITIONS Sec. 12 -1. Definitions. For the purposes of this Chapter 12, the following words and phrases shall have the meanings set forth in this Section 12 -1. Words and phases not defined 268/017943- 0001/3104079.2 a10/22/97 in this Section 12 -1 are to be interpreted as they may be defined under (i) California Public Resources Code §§ 40105 through 40201, (ii) the regulations of the California Integrated Waste Management Board, and /or (iii) the Federal Resource Conservation and Recovery Act ( "RCRA "), 42 U.S.C. §§ 6901 et seq. and its implementing regulations. (a) Bulky Waste shall mean an item too large to fit in the Container on the Premises, including but not limited to large household appliances, furniture, carpets, mattresses, televisions or other large electronic equipment, tires, or Green Waste larger than four inches (4 ") in diameter or four feet (4') in length, such as tree stumps, trunks or branches. (b) City shall mean the City of Cypress within its jurisdictional boundaries. (c) Construction and Demolition Waste shall mean solid waste material resulting from building, construction, alteration, repair or demolition, including brick, stone, cement, lumber, plaster, and drywall; packaging; rubble resulting from construction, remodeling, repair and demolition operations on pavements, residential and commercial buildings and other structures. (d) Container shall mean commercial size bins or residential size cans approved and provided by the Solid Waste Collector for accumulation and collection of Solid Waste, Recyclable Materials and Green Waste from any Premises within the City. (e) Green Waste shall mean leaves, grass clippings, brush, branches and other forms of organic waste generated from landscape and garden maintenance. (f) Hazardous Waste shall mean any waste material or mixture defined as a "hazardous waste" pursuant to California law under Public Resources Code § 40141 or under Federal law under 42 U.S.C. § 6903 (RCRA), or defined as a "hazardous substance" under 42 U.S.C. §§ 9601 (CERCLA), or as a "hazardous material" under California Health & Safety Code Section 25260, as such statutes may be amended from time to time. (g) Premises shall mean any single or multi - family residential property, industrial, retail, institutional or commercial properties of any kind, or any other dwelling, building or vacant property where Solid Waste is generated or accumulates for disposal. (h) Recyclable Materials shall mean single source - separated paper, newsprint, printed matter, pasteboard, paper containers, cardboard, glass, aluminum, polyethylene terephthalate and other plastics, beverage containers, compostable materials and such other materials designated by City's City Manager or the California Integrated Waste Management Board as recyclable. (i) Solid Waste shall mean all "solid waste" as defined under California Public Resources Code § 40191, as such may be amended from time to time. (j) Solid Waste Collector shall mean either the agents and employees of the City authorized to collect Solid Waste, or an independent business or person entity granted a franchise, permit, license or contract, or otherwise permitted by the City to collect, transport and /or dispose of Solid Waste from Premises within the City pursuant to Articles IV and V of this Chapter. The term Solid 268/017943- 0001/3104079.2 a10/22/97 -2- 187 188 Waste Collector does not include self- haulers, as described in Section 12 -5. ARTICLE II. RIGHTS AND RESPONSIBILITIES OF GENERATORS Sec. 12 -2. Collection Arrangements Required. In order to protect public health, safety and well being and to prevent the spread of vectors, excepting only self - haulers as described in Section 12 -5, and school districts and any local, regional, State or federal governmental agency, all owners, occupants, or other persons in charge of the day -to -day operation of each Premises within the City shall make arrangements with the Solid Waste Collector for the collection, removal and disposal of the Solid Waste generated or accumulated on the Premises in accordance with the schedule for collection established by the Solid Waste Collector. The minimum collection schedule for Solid Waste generated on the Premises shall be no less than once a week with the exception of Construction and Demolition Waste. Upon notice from City that additional collection is necessary for the Premises to comply with Section 12 -8 of this Chapter, the owner, occupant, or other person in charge of the day -to -day operation of the Premises shall make arrangements with the Solid Waste Collector for collection more frequently than once a week. Sec. 12 -3. Right of Individual to Donate or Sell Recyclable Materials. Every person required to arrange for Solid Waste collection services shall be permitted to sell or donate Recyclable Materials to persons or entities other than the Solid Waste Collector, if: (1) the Recyclable Materials are segregated from and not mixed with other Solid Waste; and (2) the seller /donor does not pay the buyer /donee any consideration for collecting, processing, or transporting such Recyclable Materials. A discount or reduction in price for collection, disposal and /or recycling service for any form of unsegregated or segregated Solid Waste is not a sale or donation of Recyclable Materials and such Solid Waste does not qualify for this exception. Sec. 12 -4. Ownership of Discarded Recyclable Materials. Upon placement by the owner or occupant of a Premises of Solid Waste in a Container designated for the collection of Solid Waste by the Solid Waste Collector, the Solid Waste, including all Recyclable Materials, shall become the property of the Solid Waste Collector. The owner or occupant of a Premises shall have the right up to the point in time that the Solid Waste Collector empties the Container to retrieve any item discarded in error as Recyclable Material. Sec. 12 -5. Self- Hauled Disposal. Any person may self -haul for disposal Solid Waste from such person's Premises. A business may remove Solid Waste produced in the course of conducting its business, if the business utilizes only its own employees and equipment. Construction contractors, subcontractors, building remodeling contractors and demolition contractors may self -haul Construction and Demolition Waste, if the contractor utilizes only its own employees and equipment. Persons performing gardening and landscape maintenance services for hire may self -haul Solid Waste. 268/017943 - 0001/3104079.2 a10/22/97 -3- Sec. 12 -6. Cleanup Responsibility. Until Solid Waste is picked up by the Solid Waste Collector, the owner, occupant, or other person in charge of the day -to -day operation of each Premises in the City shall be responsible for the immediate cleanup of any Solid Waste that is spilled, leaked, emptied, discarded or disposed of into the environment or which has otherwise come to be located outside of the Container. This cleanup responsibility applies as follows: (a) Occupants. The owner, occupant, or other person in charge of the day -today operation of each Premises, shall immediately undertake cleanup at the point in time when a spill or release has occurred due to any circumstances, whether by human or animal interference with the Container, wind or other natural forces, or residual Solid Waste remaining following collection or removal by the Solid Waste Collector. (b) Transporter's. Any person removing, collecting or transporting Solid Waste, shall undertake immediate cleanup at the point in time when a spill or release has occurred due to the removal or transport of the Solid Waste. (c) City Cleanup Expenses. Any and all costs and expenses incurred by the City or on the City's behalf in investigating and cleaning a spill or a release of Solid Waste not properly or timely cleaned under this Section by the owner, occupant or transporter or other responsible party, may be assessed against such responsible persons, including all administrative expenses and legal fees and costs incurred by the City in investigating and cleaning the spill or release. Sec. 12 -7. Container Placement. (a) Location. To protect the public health, safety and well- being, to minimize interference with public rights -of -way, Containers for residential collection shall be placed in a location acceptable to the Solid Waste Collector, which is accessible for mechanized pick -up. (b) Placement Time. To minimize interference with public rights -of- way, residential Containers placed for collection adjacent to streets or public right -of -ways shall not be placed before 6 p.m. on the day preceding the regularly scheduled collection. Solid Waste collection may take place between the hours of 7:00 a.m. and 6:00 p.m. on the day of collection. (c) Removal Time and Location. To minimize interference with public right -of -ways, residential Containers placed for collection adjacent to streets or public right -of -ways shall be removed before 6 a.m. on the day following the regularly scheduled collection. Containers shall be removed after collection to a location that is completely screened from the public right -of -way. (d) Bin Use Requirements. All permanent 3 cubic yard bins or other large collection containers shall be housed within trash container enclosures approved by the City Community Development Department or approved with an adjustment as provided for in Cypress City Code Appendix 1, Zoning, Section 17.7. Trash container enclosures shall be accessible to collection vehicles. No person shall place a 3 cubic yard bin or other commercial rolloff container in a public- right -of -way for collection without City approval obtained by issuance of an Encroachment Permit. 268/017943- 0001/3104079.2 a10/22/97 -4- 189 190 Sec. 12 -8. Use of Containers. In order to protect public health, safety and well being and to prevent the spread of vectors, the owner, occupant, or other person in charge of the day -to- day operation of each Premises within the City, shall use or cause to be used, on each Premises a Solid Waste storage bin or container ( "bin /container "), in accordance with the following requirements: (a) Accumulation. All Solid Waste produced, generated or accumulated on each Premises shall be placed in a bin /container for regular collection. (b) Overflow. A bin /container shall not be filled to overflowing. (c) Cleanliness. A bin /container shall be maintained in a safe and clean manner. (d) Taking. A bin /container that is the property of the City or the Solid Waste Collector, and other bins /containers shall not be permanently removed from the Premises where they have been placed by the City or the Solid Waste Collector without the prior approval of the City or the Solid Waste Collector. (e) Hazardous Waste. Hazardous Waste shall not be placed in any Container placed for collection by the Solid Waste Collector. (f) Recyclable Materials. Recyclable Materials to be collected by the Solid Waste Collector shall be placed in the Container designated for Recyclable Materials by the Solid Waste Collector. (g) Other Requirements. Containers shall be used in accordance with the noticed requirements of the Solid Waste Collector. Sec. 12 -9. Green Waste Collection. Unless special pick -up arrangements have been made with the Solid Waste Collector for the pick -up of Green Waste, every person required to make arrangements with the Solid Waste Collector pursuant to Section 12 -2, shall place all Green Waste within the Container specified by the Solid Waste Collector. Holiday trees may be placed alongside the regular collection Container for recycling in accordance with the requirements of the Solid Waste Collector. ARTICLE III. PROHIBITED ACTS Sec. 12 -10. Unauthorized Dumping. No person shall discard, throw, dump or dispose of any Solid Waste or Hazardous Waste upon any property within the City, whether public or private, excepting only the discarding, depositing, disposal or placement in containers, buckets and /or bins to be used for the proper containment, transportation and disposal of such waste material and the proper treatment, recycling and /or disposal of such waste in properly licensed and permitted Solid and /or Hazardous Waste facilities. No person shall abandon, dispose of, or discard barrels, containers or other closed receptacles of Solid Waste, Hazardous Waste or liquid waste of any kind whatsoever upon any property in the City whether public or private, except as specifically unauthorized and permitted under all applicable local, State, and federal laws. Sec. 12 -11. Unauthorized Scavenging. 268/017943- 0001/3104079.2 a10/22/97 -5- Except as provided in Section 12 -4 hereof, no person shall access any Container for the purposes of removing or taking Solid Waste or Recyclable Materials placed therein for collection, recycling or disposal by the Solid Waste Collector. No person other than an agent or employee of the City or the Solid Waste Collector shall remove or otherwise interfere with any Container that has been placed in a location appropriate for storage and /or the collection of Solid Waste without the prior written approval of the owner, occupant or other person in charge of the day -to -day operation of the Premises. Sec. 12 -12. License, Permit, Franchise Requirements. To protect public health, safety and well- being, excepting only self - haulers as described in Section 12 -5, no person shall collect any Solid Waste, Recyclable Materials or Green Waste, from any Premises within the City without a franchise, contract, permit, license or other written authorization from the City. No person shall construct or operate a Solid Waste management enterprise or facility including, but not limited to a material recovery facility, landfill, composting facility, or buy -back recycling center, or collect any form of Solid Waste in the City, without first satisfying all applicable City requirements for land use approval, business license, franchise, permit and any other approvals required under any local, State or federal law. The requirements of this Chapter 12 apply to the issuance of a franchise, contract, permit, or license. Sec. 12-13. Nuisance. To protect the public health, safety and well- being, the keeping of Solid Waste in cans or vessels other than the authorized Containers, or the keeping of Solid Waste or Hazardous Waste on any property, which is offensive, obnoxious, or unsanitary is, unlawful, and constitutes a public nuisance and may be abated in the manner provided by law for the abatement of nuisances. To protect the public health, safety and well -being and to prevent the growth and spread of vectors, it is unlawful, and a public nuisance, for any person to own, occupy, operate, inhabit, maintain or otherwise be in day -to -day control of any Premises for which arrangements for the regular collection and removal of Solid Waste, Recyclable Materials and Green Waste have not been made in accordance with this Chapter 12. Sec. 12 -14. Unauthorized Burning or Burial. To protect public health, safety and well - being, no person shall burn any Solid Waste within the City, except in an approved incinerator or transformation facility or other device for which permits have been issued from authorizing regulatory agencies, including but not limited to the City and fire and air pollution control agencies, and provided that the act of burning complies with all applicable laws, rules and regulations governing such event. No person shall bury Solid Waste at any place within the City, except as specifically authorized and permitted under all applicable local, State and federal laws. Sec. 12 -15. Unauthorized Disposal of Bulky Waste. To protect the public health, safety and well- being, to minimize interference with public rights -of -way, no person shall place any Bulky Waste item or any other large item not appropriate for regular collection, adjacent to a street or public right -of -way, without prior approval and arrangement with the Solid Waste Collector for pick -up. Sec. 12 -16. Unauthorized Use of Containers. With the exception of containers placed in public areas for use of the public, no person shall enter the property of another and utilize the Container on such property for disposal, without the permission of the owner, occupant, or person otherwise responsible for the Container. No person shall place anything 268/017943- 0001/3104079.2 810/22/97 -6- 191 1i 92 other than Recyclable Materials in collection Containers designated for Recyclable Materials by the Solid Waste Collector. No person shall place anything other than Green Waste in collection Containers designated for Green Waste by the Solid Waste Collector. ARTICLE IV. INTEGRATED WASTE MANAGEMENT Sec. 12 -17. Solid Waste Collectors. (a) City Authorization. In order to protect public health, safety and well being, to prevent the spread of vectors, to carry out the responsibilities of the City as provided by law, and to plan for the management of vehicular traffic and mitigate adverse environmental impacts, the City Council may, at its election, authorize one or more Solid Waste Collectors, whether by exclusive or non - exclusive franchise, license, permit, contract or otherwise, to make arrangements with owners, occupants, or persons otherwise responsible for the day -to -day operation of any Premises within the City, for the collection, transfer, disposal, and /or recycling of Solid Waste. (b) Collection Categories. The City Council may determine waste management collection categories, whether single family residential, multi - family residential, commercial, institutional, special event, household hazardous waste, Recyclable Materials, Bulk Waste, Green Waste, Construction and Demolition Waste, or others, and the City Council may make or impose requirements in connection with the issuance of any franchise, license, permit, or contract for a Solid Waste Collector. (c) Protection of Public Health and Safety. Solid Waste Collectors shall make arrangements with their customers specifying the manner in which integrated waste management services are to be provided, subject to the City's exercise of its police power authority for the purposes of protecting public health, safety and well- being, and regulating the manner of collection to control the growth and spread of vectors and to limit sources of noise and air pollution within the City. Sec. 12 -18. Collection Operations. To protect public health, safety and well being, Solid Waste Collectors shall conduct operations in accordance with the following: (a) Hours. In order to protect residents' quiet enjoyment of their homes, collection from residential premises shall be made between the hours of 7 a.m. and 6 p.m. Monday through Saturday. Collection from all Premises other than residential premises shall be made between the hours of 5 a.m. and 6 p.m. Monday through Saturday. (b) Routes and Times. Collection routes shall be designed and times for collection established in a manner which minimizes problems of traffic, noise, air pollution, wear and tear on public streets, or other problems having the potential to adversely affect public health, safety or the environment. (c) Special Services. Collection service recipients located within the City may request, and the Solid Waste Collector shall provide special solid waste collection services. Collection service recipients shall be iiformed by the Solid Waste Collector of the 268/017943- 0001/3104079.2 al0/22/97 -7- charge for special collections prior to pick -up, and service recipients shall be responsible for paying for the special collection service at or prior to the time of pick -up. (d) Noise. The noise level for the collection vehicles utilized by the Solid Waste Collector during the stationary compaction process shall not exceed seventy -five (75) decibels at a distance of twenty - five feet (25') and at an elevation of five feet (5') from the horizontal base of such vehicles. (e) Equipment. Any truck used for the collection or transportation of Solid Waste within the City shall be leak proof and equipped with a close - fitting cover, which shall be affixed in a manner that will prevent spilling, releasing, dropping, or blowing of any Solid Waste upon any street or right -of -way. (f) Containers. At the time of removal or collection of Solid Waste, the Container shall be placed in an upright position after it is emptied. ARTICLE V. GRANT OF FRANCHISE, PERMIT OR LICENSE Sec. 12 -19. Fees, Franchises, Permits and Licenses. (a) Fees. In accordance with Division 30, Part 1, Chapter 1 of the Public Resources Code, §§ 40000 et seq., and other applicable law, the City may levy fees within the City for Solid Waste purposes, including but not limited to implementation of an Integrated Waste Management Plan; inspection, auditing, review and planning for Solid Waste or Household Hazardous Waste collection, transfer and disposal; and for planning related to responses to Solid or Hazardous Waste releases and spills. Such fees may include fees for the costs of preparing and implementing Source Reduction and Recycling Elements, Household Hazardous Waste Elements, Non - Disposal Facility Elements and Integrated Waste Management Plans. (b) Authorization. Each Solid Waste Collector providing services within the City shall obtain and maintain all appropriate licenses and all other forms of authorization, permit, franchise or contract as may be required by the City Council pursuant to this Chapter 12. The City Council may, at its election, waive any permit, license, franchise or other fees for selected categories of licensees, permittees or franchisees, including but not limited to collectors of Green Waste. The City Council may exempt nonprofit charities registered with the Attorney General of the State of California from permit and license requirements. Each Solid Waste Collector shall comply with all other applicable federal, State and local laws, regulations or requirements. Sec. 12.20. Collection Awards. The City Council may award one or more franchises, permits, licenses or contracts for the collection of Solid Waste, Recyclable Materials and /or Green Waste, from all or any portion of any category of Premises in the City, including but not limited to commercial, industrial, or residential collection. Any franchise, permit, license or contract shall be granted by the City Council by resolution, upon a determination that the public health, safety and well -being so require. Any franchise, permit, license or contract granted by resolution of the City Council shall be granted on such terms and conditions as the City Council shall determine in its sole discretion. 268/017943- 0001/3104079.2 a10/22/97 -8- 194 ARTICLE VI. ENFORCEMENT Sec. 12.21. Enforcement. Pursuant to California Penal Code § 836.5, the Chief of Police, all Cypress Police Officers, the Director of Community Development and the City Code Enforcement Officer, and their designees, are hereby authorized to enforce the provisions of this Chapter 12; California Penal Code §§ 374, 374a, 374.2, 374.3, 374.4, 374d, 374.7, and 375; California Government Code Sections §§ et seq.; and California Vehicle Code § 2311 1 and § 23112. Sec. 12.22. Violation. Except as otherwise provided in this Chapter 12, violations of this Chapter are punishable as set forth in Chapter 1, Sections 1 -7 through 1 -12, of this Code. In addition, in the event any violation of this Chapter constitutes an imminent danger to public health, safety, or the environment, the City Manager or any person designated by the City Manager, may enter upon the Premises from which the violation emanates, abate the violation and danger created to the public safety or the environment, and restore any Premises effected by the alleged violation, without notice to or consent from the owner or occupant of the Premises. An imminent danger shall include but is not limited to circumstances created by a disposal of Solid or Hazardous Waste where such disposal creates a significant and immediate threat to the public health or safety, or the environment. Violations of this Chapter may further be deemed to be a public nuisance which may be abated by administrative or civil or criminal action in accordance with the terms and provisions of this Code and State law. All costs and fees incurred by the City as a result of any violation of this Chapter which constitutes a nuisance, including all administrative fees and expenses and legal fees and expenses, shall become a lien against the subject Premises from which the nuisance emanated, and a personal obligation against the owner, in accordance with Government Code §§ 38773.1 and 38773.5. The owner of record of the Premises subject to any lien shall receive notice of the lien prior to recording, as required by Government Code § 38773.1. The City Attorney is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for money judgment, or by deliver to the County Assessor of a special assessment against the premises in accordance with the conditions and requirements of Government Code § 38773.5. The City may utilize any and all other remedies as otherwise provided by law to enforce the provisions of this Chapter. Sec. 12.23. Misdemeanor. Any violation of this Chapter is a misdemeanor and shall be punishable by either a fine of up to one thousand dollars ($1,000) or six months in the County jail, or both. Any person who may otherwise be charged with a misdemeanor as a result of a violation of this Chapter, may be charged, at the discretion of the prosecuting attorney, with an infraction punishable by a fine of not more than $100 for the first violation, $200 for the second violation, and $250 for each additional violation thereafter. Each day a violation of this Chapter exists, without correction, shall constitute a new and separate violation punishable as a separate infraction, misdemeanor and /or civil violation. Sec. 12.24. Authority. The City Manager or his designee shall have the authority to enforce the provisions of this Chapter 12. This authority shall be in addition to the authority granted to the Chief of Police, Community Development Director and Code Enforcement Officer pursuant to this Code. 268/017943- 0001/3104079.2 a10/22/97 -9- Sec. 12.25. Civil Action by Solid Waste Collector. Nothing in this Chapter 12 shall be deemed to limit the right of an authorized Solid Waste Collector or any other person to bring a civil action as may be provided by State or federal law against any person who violates Section 12 -8 or Section 12 -12 of this Code, or Section 41950 of the California Public Resources Code, nor shall a criminal conviction for any violation of this Chapter 12 exempt any person from a civil action brought by an authorized Solid Waste Collector or any other person. ARTICLE VII. HAZARDOUS MATERIALS DISCLOSURE Sec. 12.26. Orange County Fire Authority. The County of Orange, as the Certified Unified Program Agency and the Orange County Fire Authority, as a Participating Agency, pursuant to Chapter 6.11 of Division 20 of the California Health and Safety Code, are hereby designated as the agencies responsible for the administration and enforcement of Articles I and 2 of Chapter 6.95 of Division 20 of the California Health and Safety Code within the City, and all persons shall comply with the requirements of such agencies in connection with the handling of Hazardous and Acutely Hazardous Materials." SECTION 2: Section 14.5, "Areas for Collecting and Loading Recyclable Materials in Development Projects Located within the City ", is hereby added to Appendix I of the Code of the City of Cypress, as follows: "SECTION 14.5. AREAS FOR COLLECTING AND LOADING RECYCLABLE MATERIALS IN DEVELOPMENT PROJECTS LOCATED WITHIN THE CITY Sec 14.5 -1 Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them in this section, unless the context clearly indicates otherwise: Container. Container shall mean commercial size bins or residential size cans approved and provided by the "Solid Waste Collector" for accumulation and collection of "Solid Waste, "Recyclable Materials" and "Green Waste" from any "Premises" within the City, as all such terms are defined in Chapter 12 of the Code of the City of Cypress. Development Project. A Development Project consists of one or more of the following: (1) A project for which a building permit is required for a commercial, industrial, or institutional building where solid waste will be collected and loaded. (2) A project for which a building permit is required for residential buildings where solid waste will be collected and loaded for four (4) or more residential units at one central location. Improvement. An Improvement is that which materially adds to the value of a facility, substantially extends its useful life, or adapts it to new uses, but improvements should be distinguished from repairs. Repairs keep facilities in good operating condition, do not materially add to the value of the facility, and do not substantially extend the life of the facility. 268/017943- 0001/3104079.2 a10/22/97 -10- Recyclable Materials. Recycling Materials shall mean single source - separated paper, newsprint, printed matter, pasteboard, paper containers, cardboard, glass, aluminum, polyethylene terephthalate and other plastics, beverage containers, compostable materials and such other materials designated by City's City Manager or the California Integrated Waste Management Board as recyclable. Recycling Area. Recycling area shall be the space allocated for collecting and loading of recyclable materials. Solid Waste. Solid Waste shall mean all "solid waste" as defined under California Public Resources Code § 40191, as such may be amended from time to time. Sec. 14.5 -2 Space allocation. (a) General provisions. (1) Applicability. a. Any new Development Project requiring a building permit shall include adequate, accessible and convenient areas for collecting and loading Recyclable Materials. b. Any existing Development Project for which one or more building permit applications have been submitted for one or more alterations, where the alterations will collectively result in the addition of thirty (30) per cent or more floor area of the Development Project, shall provide adequate, accessible and convenient Recycling Areas for collecting and loading Recyclable Materials. c. Any new or existing Development Project to be located in an area served by a Recycling Area based upon the collection of commingled Solid Waste and Recyclable Materials may fulfill the requirement for adequate, accessible, and convenient Recycling Areas for collecting and loading Recyclable Materials by providing adequate, accessible and convenient Recycling Areas for collecting and loading commingled Solid Waste and Recycled Materials. (2) Design standards. a. The design, construction and location of Recycling Areas and enclosures shall be subject to approval by the planning department, in accordance with the following: (i) 268/017943- 0001/3104079.2 ai0/22/97 The design, construction and location of Recycling Areas shall not be in conflict with any applicable federal, state or local laws relating to fire, building, access, transportation, circulation or safety, or any other federal, State, or local law or regulation. (ii) Recycling Areas shall be adequate in capacity, number and distribution to serve the Development Project. (iii) Dimensions of the Recycling Area shall accommodate receptacles sufficient to meet the recycling needs of the development project. (iv) An adequate number of bins or containers shall be required to allow for the collection and loading of Recyclable Materials generated by the Development Project and these shall be located within the Recycling Area. (v) Recycling Areas shall be contained in an enclosure, the design of which shall be consistent with existing Solid Waste receptacle enclosure requirements. The enclosure shall fully screen Solid Waste and Recyclable Areas, containers and Recyclable Materials from public view. (3) Additional requirements. a. Recycling Areas and Containers placed therein must provide protection against adverse environmental conditions, such as rain and wind. b. A sign shall be permanently posted or painted on each Solid Waste and Recycling Material Container, clearly identifying the container type. The name and telephone number of the company responsible for maintaining the Containers shall be permanently posted or painted on each Solid Waste and Recycling Material Container. c. The design and construction of Recycling Areas shall promote and not prevent the proper securing of any Recyclable Materials placed therein. (4) Location requirements. a. Recycling Areas shall not be located in any area where construction, operation, or maintenance of the Recycling Area would be prohibited by federal, State, or local laws. b. Any and all Recycling Areas shall be located so as to be at least as convenient for those persons who deposit, collect and load the Recyclable materials placed therein as the locations where Solid Waste is collected and loaded. Whenever feasible, areas for collecting and loading Recyclable Materials shall be adjacent to Solid Waste collection areas." SECTION 3: Section 10.7.C. performance Standards; All Commercial Zones," of Appendix I is hereby amended in full, as follows: 268/017943- 0001/3104079.2 al0/22/97 -12- 197 198 "C. Trash collection within any commercial zone shall occur between the hours of 5:00 a.m. to 6:00 p.m., Monday through Saturday and on federal holidays. All other times are prohibited." SECTION 4: If any section, subsection, subdivision, sentence, clause, phrase or portion of Chapter 12 or of Section 14.5 to Appendix I of the Code of the City of Cypress is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each part thereof irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional. SECTION 5: The City Clerk shall certify as to the adoption of this Ordinance and shall cause the same to be posted in three (3) public places in the City as designated by Resolution of the City Council. FIRST READ at a regular meeting of the City Council of said City held on the 27th day of October 1997; and finally adopted and ordered posted at a regular meeting held on the 10th day of November 1997. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) I, LILLIAN M. HAINA, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of the said City Council held on the 10th day of November 1997; by the following roll call vote: AYES: 5 COUNCIL MEMBERS: NOES: 0 COUNCIL MEMBERS: ABSENT: 0 COUNCIL MEMBERS: 268/017943 - 0001/3104079.2 a10/22/97 Bowman, Jones, Keenan, Piercy and Carroll None None -13- CTTY LERK 0 C F THE CITY OF CYPRESS