Reso 2014-847 ITEM NO.07
RESOLUTION NO. 2014-847
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY
DISTRICT ORDERING THAT PUBLICATION OF ORDINANCE NO. 100 AMENDING THE
DISTRICT'S OPERATIONS CODE PERTAINING TO TRASH REGULATIONS AND
RECYCLING
WHEREAS, the Board of Directors on March 27,2014 adopted Ordinance No. 100
Amending the District's Operations Code amending the District's Operations Code pertaining
to trash regulations has been published, and
WHEREAS, that Ordinance was published in the Newport Beach/Costa Mesa Daily
Pilot on May 10, 2014, and
WHEREAS, Health and Safety Code Section 6490 provides that an order of the
Board that publication has occurred is conclusive evidence that publication has properly
been made;
NOW, THEREFORE, the Board of Directors does hereby resolve:
That it is hereby ordered and decreed that publication of Ordinance No. 100
amending the District's Operations Code pertaining to trash regulations has occurred.
PASSED and ADOPTED on this 22nd day of May 2014.
RV—
Secretary, Costa Mesa Sanitary istrict President, Costa esa Sanitary District
Board of Directors Board oir Directors
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 Resolution No. 2014-847 duly and regularly passed and adopted by
said Board of Directors at a regular meeting thereof held on the 22 day of May 2014.
AYES: Board Members - Ooten, Perry, Schafer, Scheafer
NOES: None
ABSENT: President Ferryman
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa
Mesa Sanitary District, this 22 day of May 2014.
At4 ,
i,A. AL_A....1
C.-lani id0enw. MOW
Clerk of the Cos . = a Sa nary District
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Ordinance'No.100
AN ORDINANCE OF THE BOARD OF DIRECTORS. OF THE COSTA MESA SANITARY DISTRICT
AMENDING THE DISTRICT-OPERATIONS.CODE'PERTAINING TO.TRAS4REGULATIONS, RECYCLING
AND EXEMPT IONS
WHEREAS;the District has the;authority to provide for residential collettion-of trash;garbage,rubbish;:and"other waste,inthe:waste•
--stream;and
WHEREAS, the District is committed to sreducing the:•waste:stream that'will result in.:saving'landfill space and protecting:the:
environment;and
WHEREAS,on April)0;:2013,the P lstrio established a goal of diverting away from landfills of the waste.sireani by;2015 and 90%
by 2020;`and
WHEREAS,on February 25,2014,the District tentatively:approved an Organics Recycling Program that will remove organics ram the
waste stream and,recycle organics into reusable products;and
WHEREAS; this,ordinance Implements an action taken to;assure:the maintenance, ,iestoration, enhancement,,or:psotec on,of'the
environment by recycling organks;10 create Renewable.Naturel."Gas (RNG) and is therefore.-categorically exemptzfrom 1he:%Californta'
Environmental Quality Act(C(QA)review;pursuant to CEQA Guidelines Section`1530L and
WHEREAS,the Dittrfc;'s Operarions(ode Titles 7 and$.need to be amended to reflect the new Organics Recycling Program;
NOW,THEREFORE,the Board of Directors of the Costa Mesa Sanitary District does hereby ORDAIN as follows:
Section 1.That.Section'7.01,O,10of the Costa MesaSanitary District Qperations:Code is hereby deleted in Its entirety and replaced.with•
the following;
1.01.040 Containers.
(a)Containers usea for residential collection shall tie these'provided.by the District through its_franchisee.,Said containrs.shall b0:sraroardiied
-'to allay far•fullfautematea cotiection as determined;tiy the"District _Except as herelnatte .provided,no person may;use any other typ ;of`
:containers after thestaridardieed containers are provided..
(b)The.Stan dardized t6iitaing for'e:istingsersce shall:be two.mixed waste containers andlone organic.container:Residents may request`tri-
=exernptidrii frpin being sprOided the organic cnitfainerif:they et:"s ne.afthe€ollovVinq criteria:
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Limited container storage space;or
ii. Cenerates minimal organic material.
Residents must submit .a'request;far-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 exduswns)must be placed inside the containers
so that the 110 can shut to keep out flies and other pests. Trimmings must be cut so'that,theyfit completelyvrithinthe container and so that the
container.lid will shut Residentsshatl'.obtain additional container from the.District as.needed to-comply with this requirement. Trash,.
recycling material,and orgarires.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:
"7.01.054 .Existing 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 pr container o:all additional containers requested,
except as provided below:.
(a) No charge shall be imposed 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 econcmicfactors and have•
submitted'a confidential declaration providing.those facts:
(d) No,charge shall be imposed if a resident vmh only:one,mixedtiyaste;contairier`and one,organia material container requests.orie'additional
mixed waste and/or organics container.
.The.cantainers 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 enti ety and replaced with
.the:fallowing:
'7.01.060 Placement.of Containers. Containersshall.be placed.at the curb-or in the,-alleyfor,colkectlon no earlier than 5:00
,p.m:on the evening before:the•scheduled collection,day..-Generally,all containers shall be placed in`the street with the wheels,near the curb.
Containers shall be placed so.as-to be accessible for collection and.arranged In a manner so as to Innate loading on the.collection truck.
Except where practical difficulties exist,all containers shall be placed so as to nor create drainage problems with the!gutters. Placement of
containers is also subject to compliancevith City or.County ordinances. Inareas in v3hich'irash/recyding,and organics;service is provided via-a
public alley,containers may be placed in the alley provided doing_so does not'create an obstruction 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.
(aline following are permitted to be placed In the containers for collection:
1.Trash and recycling material,as described in'Section 8;02.010;shall be placed In containers designated as'mixed waste"containers.
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2.0rganics,as described inSection 8.01.010,shall be placed in-the designated`tantainerprovided.as'the'organics'container.
Section 4. That Section 7.01.030,:sutisection`(a),of the Costa Mesa Sanitary District:flperations'Code is hereby deleted Iii its entiretiand
replaced with the following:
"7:01.080. Removal of Containers.
(al Residential containers pfared in the:street shall be removed from the curb by midnight die day;of collection and"shalt be'stored
In the rear or side yard of the property sous to be out of vier/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
horn the public street.
Section 5. That Section 8.01.030 of the Costa Mesa Sanitary District Operatiorns 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•'. heeled plastic container for,storing trash and recycling material as defined by.this.
section and 0o...filed by the District for automated collection Services.
B."Organic Container"shall mean a wheeled Plastic container for storfng organic materials as defthedby this section and provided by
the District for automated collection services.
C."Organics Material':'shall mean any type of waste originating from planter animal sources, •
D."Recycling" means the process by which recovered products are transformed into new products, and iodides the collection,
separation,recovery,and sale or reused!metals,glass,paper,cardboard,plastics,and other materials.
E"Recycling Material"means a material which would otherwise become residential industrial orcommer oal'solid:Waste,.which'can
be source separated;collected,processed,and returned to the economic mainstream ill the form of raw materials or product's.
Recy cling materials'suchasfglass(all colors),aluminum and metal cans,cardboard,newspapers,-magazines,mixed paper,"and`plastics'(PET
(marked%%101.'11,IID?E(marked v:ith`21,NC(marked with"3");LOPE(marked with''4),PP('marked with*S1,PS(marked with"6"),`and
Other(marked:viih'7'))."
Section 7. That Section 8.02.025 is hereby added to the Costa Mesa Sanitary District Operations Code.
'8.02.025 Permitted Organics Material. The following are permitted to be placed in the organic container for collection:
A. Lawn clippings:
B. Branches.
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C. Leaves and;lowers
D. Shrubs,bushes,arid weeds
E. Fruits and vegetables
F. Meat,poultry,and seafood,including bones
G. Eggshells
H. Rice
1. Beans
J. Pasta
K. Frozen/refrigerated food
L. Tea bags and coffee grounds
M. Fats,oil,and grease
N. Biodegradable plastics bags
0. Biodegradable plastic cups.'
Section 8. That Section 3.02.040 of the Costa Mesa Sanitary District Operations Code be deleted in its entirety and replaced with the
following:
"8.02.'040 Recycling Revenue..District franchisee shall make-available to District'Its annualauditpe rformed by an independent
Certified Public Accountant showing all revenue derived from recycling,composting,or the generation'of renewable natural gas or fuel from-
District: Such statement shall indude internal trail,reports supporting those financial statements. Such finandal statements shall not become
public record by such dt doswe,andsaid audit must be made available for viewing by District officals at franchisee's faiitity'
Section 9. 'Should any part, dause 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•8oard of Directors of the Costa Mesa
Sanitary District:of Orange County,California,hereby declares that each'and every section,'dause,provision or part�of this'Ordinance would
•have been adopted and made'a part.of this-Ordinance without..the adoption of any portion thereof and that the.rnvatidity of`any part or
provision hereof shall not In any way affect the validity or enforcement of the.remaining provsians of this Ordinance that may stand on their
own.
Section 10. Pursuant to health and Safety(ode Sections 6490 and 6491.3,;the Clerk shall cause thi's ordinance or a`summary thereof to be
'published in a newspaper of general dreulation printed and published in the District'according to law.
PASSED and ADOPTED this day of Mail,2014.
/s/An Perry
Secretary /s/Jim Ferryman
President