08 - Ordinance No. 99
ITEM NO. 08
Costa Mesa Sanitary District
&an Independent Special District
Memorandum
To:
Board of Directors
From:
Scott Carroll, General Manager
Date:
March 27, 2014
Subject:Ordinance No. 99 – Amending Operations Code Pertaining to Trash
Regulations and Recycling
Summary
On February 25, 2014, the Board of Directors tentatively approved the Organics Recycling
Program that will source separate green waste and food scraps from the waste stream
and then convert this material into renewable natural gas (RNG) and soil amendment.
Before implementing the program the Operations Code need to be amended to reflect the
new program.
Staff Recommendation
That theBoardof Directors adopts Ordinance No. 99 amending Operations Code
pertaining to Trash Regulations and Recycling as it applies to the District’s Organics
Recycling Program.
Analysis
On February 25, 2014, the Board of Directors tentatively approved the OrganicsRecycling
Program that will source separate green waste and food scraps from the waste stream
and then convert this material into renewable natural gas (RNG) and soil amendment.
The program will support the District’s mission of protecting the environment, help achieve
landfill diversion of 75% by 2015 and prepare the District topotential new State
requirements for recycling organics.
Protecting our communitys health and the environment by providi
www.cmsdca.gov
Board of Directors
March 27, 2014
Page 2 of 2
However, before the program can be implemented, the District’s Operations Code
pertaining to trash regulations and recycling has to be amended to reflect the changesin
the District’s recycling programs. Attachment A is Ordinance No. 99 that amends Titles 7
and 8 of the Operations Code.
Strategic Plan Element & Goal
This item complies with Strategic Plan Element 2.0, Solid WasteandStrategic Goal No.2.4,
Develop strategies for Zero Waste and Strategic Goal No. 2.5, Monitor advancement and
technology in the solid waste industry.
Legal Review
District Counsel has reviewed and approved Ordinance No. 99.
Environmental Review
The environmental review for the organics program was completed by the District when
nd
the 2Amendment to CR&R’s contract was approved and the contemplated action in this
staff report is amending the operations code, which is a legislativeaction. The legislative
action of adopting this ordinance implements a regulatory action that protects the
environment and therefore is entitled to a categorical exemption under CEQA Guidelines
Section 15308. Staff will file the Notice of Exemption after approval of the ordinance.
Financial Review
There are no financial impacts to the District for preparing Ordinance No. 99, but if the
ordinance is approved, the District’s Organics Recycling Program will be officially
approved and said program will have a financial impact to the District at an estimated
annual cost of $504,000 in the first year of implementation. Details about program cost
were made available to the Board of Directors and to the public at several Board and town
hall meetings. Information about the cost and program is still available on the District’s
website for viewing.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the March
27, 2014Board of Directors regular meetingat District Headquarters and on District website.
Alternative Actions
1.Do not approve Ordinance No. 99 and refer the matter back to staff for additional
information.
Attachment A:Ordinance No. 99
ORDINANCE NO. 99
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
THE COSTA MESA SANITARY DISTRICT AMENDING
THE DISTRICT OPERATIONS CODE PERTAINING TO
TRASH REGULATIONS,RECYCLINGAND EXEMPTIONS
WHEREAS
,the District has the authority to provide for residential collection of
trash, garbage, rubbish,and other waste in the waste stream; and
WHEREAS
, the District is committed to reducing the waste stream that will result
in savinglandfill space and protectingthe environment; and
WHEREAS,
on April 10, 2013, the District established a goal of diverting away
from landfills 75% of the waste stream by 2015 and 90% by 2020; and
WHEREAS
,on February 25, 2014, the District tentatively approved an Organics
Recycling Program that will remove organics from the waste stream and recycle
organicsinto reusable products; and
WHEREAS
,this ordinance implements an action taken to assure the
maintenance, restoration, enhancement, or protection of the environment by recycling
organics to create Renewable Natural Gas (RNG)and is therefore categorically exempt
from the California Environmental Quality Act (CEQA)review,pursuant to CEQA
Guidelines Section 15308; and
WHEREAS
,the District’s Operations Code Titles 7and8 need to be amended to
reflect the new Organics Recycling Program;
NOW, THEREFORE
, the Board of Directors of the Costa Mesa Sanitary District
ORDAIN
does hereby as follows:
Section 1.
That Section 7.01.040ofthe Costa Mesa Sanitary District
Operations Code is hereby deleted in its entirety and replaced with the following:
7.01.040Containers.
“
(a)Containers used for residential collection shall be those provided by the
District through its franchisee. Said containers shall be standardized to allow for fully
automated collection as determined by the District. Except as hereinafter provided, no
Ordinance No. 99
person may use any other typesof containersafter the standardized containers are
provided.
(b)The standardized containers for existing service shall be two mixed waste
containers and one organic container. Residents may request an exemption from being
provided the organic container if they meet one of the following criteria:
i.Limited container storage space;or
ii.Generates minimal organic material.
Residents must submit arequest for exemption in writing. The General Manager
will have the authorization to approving organic exemptions.
(c)The combined weight of the container and contents for collection shall not
exceed 150 pounds.
(d)All trash, recycling material,and organics (as defined in this Code along
with exclusions) must be placed inside the containersso that the lid can shut to keep
out flies and other pests. Trimmings must be cut so that they fit completely within the
container and so that the container lid will shut. Residents shall obtain additional
containers from the District as needed to comply with this requirement. Trash, recycling
material,and organics should not be jammed in so that it prevents emptying of the
container.”
Section 2.
That Section 7.01.054 of the Costa Mesa Sanitary District
Operations Code is hereby deleted in its entirety and replaced with the following:
7.01.054Existing Development.
“Residents may request additional
containers to ensure all trash, recycling material,and organics fit inside the containers
with the lids closed. Residents shall pay actual cost per container for all additional
containers requested, except as provided below:
(a)No charge shall be imposed if new residents move to a residence where
the containers have been removed.
(b)No charge shall be imposed for exchanges of containers.
(c)No charge shall be imposed if the occupants of the residence demonstrate
a hardship based on disability or economic factors and have submitted a confidential
declaration providing those facts.
Ordinance No. 99
(d)No charge shall beimposed if a resident with only one mixed waste
containerand one organics materialcontainerrequestsone additional mixed waste
and/or organics container.
The containers shall remain the property of the franchisee.
Section 3.
That Section 7.01.060 of the Costa Mesa Sanitary District
Operations Code is hereby deleted in its entirety and replaced with the following:
7.01.060Placement of Containers.
“Containers shall be placed at the curb
or in the alley for collection no earlier than 5:00 p.m. on the evening before the
scheduled collection day. Generally, allcontainers shall be placed in the street with the
wheels near the curb. Containersshall be placed so as to beaccessible for collection
and arranged in a manner so as to facilitate loading on the collection truck. Except
where practical difficulties exist, all containers shall be placed so as to not create
drainage problems with the gutters. Placement of containers is also subject to
compliance with City or County ordinances. In areas in which trash/recyclingand
organicsservice is provided via a public alley, containers may be placed in the alley
provided doing so does not create an obstruction to the passage of vehicles.”
Section 4.
That Section 7.01.070, subsection (a),of the Costa Mesa Sanitary
District Operations Code is hereby deleted in its entirety and replaced with the following:
7.01.070.Permitted Trash/Prohibited Materials.
“
(a)The following are permitted to be placed in the containers for collection:
1.Trashand recycling material, as described in Section 8.02.010, shall be
placed in containers designated as “mixed waste” containers.
2.Organics, as described in Section 8.02.010,shall be placed in the
designated container provided as the “organics”container.
….”
Section 4.
That Section 7.01.080, subsection (a),of the Costa Mesa Sanitary
District Operations Code is hereby deleted in its entiretyand replaced with the following:
Ordinance No. 99
7.01.080.Removal of Containers
“
(a)Residential containers placed in the street shall be removed from the curb
by midnight the day of collection and shall be stored in the rear or side yard of the
property so as to be out of view from the street. Containers placed in the alley for
collection shall be removed from the alley by midnight the day of collection and shall be
stored so as to be out of the public alley, completely on private property, and out of view
from the public street.
….”
Section 5.
That Section 8.01.030 of the Costa Mesa Sanitary District
Operations Code is hereby deleted in its entirety.
Section 6.
That Section 8.02.010 of the Costa Mesa Sanitary District
Operations Code is hereby deleted in its entirety and replaced with the following:
8.02.010.Definitions.
“
A.“Mixed Waste Container”
shall mean a wheeled plastic container
for storing trash and recycling material as defined by this section and
provided by the District for automated collection services.
B.“Organic Container”
shall mean a wheeled plastic container for
storing organic materials as defined by this section and provided by the
District for automated collection services.
C.“OrganicsMaterial”
shall meanany type of waste originating from
plant or animal sources.
D.“Recycling”
means the process by which recovered products are
transformed into new products, and includesthe collection, separation,
recovery, and sale or reuse of metals, glass, paper, cardboard, plastics,
and other materials.
E.“Recycling Material”
means a material which would otherwise
become residential industrial or commercial solid waste, which can be
source separated, collected, processed,and returned to the economic
mainstream in the form of raw materials or products.
Ordinance No. 99
Recycling materials such as glass (all colors), aluminum and metal cans,
cardboard, newspapers, magazines, mixed paper, and plastics (PET
(marked with “1”), HDPE (marked with “2”), PVC (marked with “3”), LDPE
(marked with “4”), PP (marked with “5”), PS (marked with “6”), and Other
(marked with”7”)).”
.
Section 7That Section 8.02.025 is hereby added to the Costa Mesa Sanitary
District Operations Code.
8.02.025Permitted Organics Material.
“The following are permitted to be
placed in the organics container for collection:
A.Lawn clippings
B.Branches
C.Leaves and flowers
D.Shrubs, bushes,and weeds
E.Fruits and vegetables
F.Meat, poultry,and seafood,including bones
G.Eggshells
H.Rice
I.Beans
J.Pasta
K.Frozen/refrigerated food
L.Tea bags and coffee grounds
M.Fats, oil, and grease
N.Biodegradable plastics bags
O.Biodegradable plastic cups.”
Section 8.
That Section 8.02.040 of the Costa Mesa Sanitary District
Operations Code be deleted in its entirety and replaced with the following:
8.02.040Recycling Revenue.
“District franchisee shall make available to
District its annual audit performed by an independent Certified Public Accountant
showing all revenue derived from recycling, composting, or the generation of renewable
natural gas or fuelfrom District. Such statement shall include internal trail reports
supporting those financial statements. Such financial statements shall not become
public recordby such disclosure,and said audit must be made available for viewing by
District officials at franchisee’s facility.”
Section 9.
Should any part, clause or section of this Ordinance be declared by
any Court to competent jurisdiction to be invalid, the remaining provisions of this
Ordinance shall nevertheless be and remain in full force and effect and the Board of
Directors of the Costa Mesa Sanitary District of Orange County, California, hereby
declares that each and every section, clause, provision or part of this Ordinance would
Ordinance No. 99
have been adopted and made a part of this Ordinance without the adoption of any
portion thereof and that the invalidity of any part or provision hereof shall not in any way
affect the validity or enforcement of the remaining provisions of this Ordinance that may
stand on their own.
Section 10.
Pursuant to Health and Safety Code Sections 6490 and 6491.3, the
Clerk shall cause this ordinance or a summary thereof to be published in a newspaper
of general circulation printed and published in the District according to law.
th
PASSED and ADOPTED this 27day of March, 2014.
/s/ Art Perry/s/ Jim Ferryman
Secretary President
Ordinance No. 99
STATE OF CALIFORNIA)
COUNTY OF ORANGE)SS
CITY OF COSTA MESA)
I, NOELANI MIDDENWAY, Clerk of the Costa Mesa Sanitary District, hereby
certify that the above and foregoing Ordinance No. 99was duly and regularly passed
th
and adopted by said Board of Directors at a regular meeting thereof, held on the 27
day of March, 2014by the following votes:
AYES:President Ferryman, Directors Ooten, Perry, Schafer, Scheafer
NOES:None
ABSENT:None
ABSTAIN:None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
th
Costa Mesa Sanitary District, this 27day of March, 2014.
/s/ Noelani Middenway
Clerk of the Costa Mesa Sanitary District