Ord 2014-100 ORDINANCE NO. 100
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
THE COSTA MESA SANITARY DISTRICT AMENDING
THE DISTRICT OPERATIONS CODE PERTAINING TO
TRASH REGULATIONS, RECYCLING AND 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 saving landfill space and protecting the 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
organics into 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 7 and 8 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 7.01.040 of the Costa Mesa Sanitary District
Operations Code is hereby deleted in its entirety and replaced with the following:
`7.01.040 Containers.
(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. 100
person may use any other types of containers after 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:
Limited container storage space; or
ii. Generates minimal organic material.
Residents must submit a request 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 containers so 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:
"7.01.054 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 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. 100
(d) No charge shall be imposed if a resident with only one mixed waste
container and one organics material container requests one 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:
"7.01.060 Placement 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, 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 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/recycling and
organics service 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. Trash and 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 entirety and replaced with the following:
Ordinance No. 100
"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. "Organics Material" shall mean any type of waste originating from
plant or animal sources.
D. "Recycling" means the process by which recovered products are
transformed into new products, and includes the 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. 100
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 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 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:
"8.02.040 Recycling 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 fuel from District. Such statement shall include internal trail reports
supporting those financial statements. Such financial statements shall not become
public record by 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. 100
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.
PASSED and ADOPTED this 27th day of March, 2014.
l ,
Secretary Presiden
Ordinance No. 100
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. 100 was duly and regularly passed
and adopted by said Board of Directors at a regular meeting thereof, held on the 27th
day of March, 2014 by 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
Costa Mesa Sanitary District, this 27th day of March, 2014.
LAIL
C erk of the -ota esa anitary District