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HomeMy WebLinkAbout2034ORDINANCE NO. 2034 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 6.04 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO MANDATORY COMMERCIAL SOLID WASTE AND ORGANIC WASTE RECYCLING. City Attorney's Summary This Ordinance amends Chapter 6.04 to establish mandatory recycling requirements pursuant to Chapters 12.8 and 12.9 of the California Public Resources Code for businesses that generate a certain level or commercial and organic waste per week, and for multiple -family residential dwellings consisting of five or more units in compliance of Assembly Bills 341 (2011), 1826 (2014), and 827 (2019). THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: WHEREAS, the California Integrated Waste Management Act of 1989, commonly referred to as Assembly Bill ("AB") 939, codified in substantial part at Public Resources Code § 40000 et seq., requires all jurisdictions within California to divert from landfill disposal a minimum of 50% of municipal solid waste generated annually within the jurisdiction through source reduction, recycling and composting programs; and WHEREAS, the City, through its Office of Sustainability, is committed to AB 939 compliance and works closely with its authorized waste collection contractor to divert waste from local landfills; and WHEREAS, in 2011, Governor Jerry Brown signed into law AB 341, which set a policy goal for the State that not less than 75% of solid waste generated be source reduced, recycled or composted by the year 2020; and WHEREAS, AB 341 currently requires a business that generates four cubic yards or more of commercial solid waste per week, or is a multiple -family residential dwelling consisting of five or more units, to arrange for recycling services consistent with State or local laws to the extent that these services are offered and reasonably available from a local service provider; and WHEREAS, AB 341 requires all jurisdictions within California to implement a commercial solid waste recycling program, directed at businesses, that may include, but is not limited to: (1) implementing a mandatory commercial solid waste recycling policy or ordinance; (2) requiring a mandatory commercial solid waste recycling program through a franchise contract or agreement; or (3) requiring all commercial solid waste to go through either a source separated or mixed processing system that diverts material from Ordinance No. 2034 Page 2 disposal; and WHEREAS, AB 341 provides that a jurisdiction's commercial solid waste recycling program may include enforcement provisions, including a structure for fines and penalties; and WHEREAS, in 2014, Governor Jerry Brown signed into law AB 1826, which currently requires a business that generates two cubic yards or more of commercial solid waste per week, or is a multiple -family residential dwelling consisting of five or more units, to arrange for recycling services — specifically for organic waste — consistent with State or local laws; and WHEREAS, AB 1826 requires all jurisdictions within California to implement an organic waste recycling program, directed at businesses, that may include, but is not limited to: (1) implementing a mandatory commercial organic waste recycling policy or ordinance; (2) requiring a mandatory commercial organic waste recycling program through a franchise contract or agreement; or (3) requiring organic waste to go through either a source separated or mixed processing system that diverts material from disposal; and WHEREAS, AB 1826 provides that a jurisdiction's organic waste recycling program may include enforcement provisions, including a structure for fines and penalties, and WHEREAS, in 2019, Governor Gavin Newsom signed into law AB 827, which requires businesses who are subject to AB 341 or AB 1826, and that provide customers access to the business, to provide — by no later than July 1, 2020 — containers that can be used by customers to collect commercial and organic recyclable materials resulting from purchases made on the premises for immediate consumption; and WHEREAS, it is the intent of City staff to educate businesses regarding these mandatory State requirements and monitor compliance; and WHEREAS, the City's authorized waste collection contractor readily provides commercial solid waste and organic waste collection and recycling services to businesses; and WHEREAS, the City recognizes that waste diversion reduces greenhouse gas emissions, saves energy, and reduces the need to extract raw materials for production, and therefore has set a goal — in excess of the State's 75% waste diversion goal — that no less than 90% of waste materials generated within the city be diverted from landfills; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code, § 21000 et seq.) and the CEQA Guidelines (California Code of Regulations, title 14, § 15000 et seq.) (collectively, "CEQA"), the City is the lead agency for the Ordinance. Ordinance No. 2034 Page 3 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference as material findings in support of this Ordinance. SECTION 2. Title 6, Chapter 6.04.010 of the Palm Springs Municipal Code is hereby amended to add or amend the following definitions: "Business" means a commercial or public entity, including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, association that is organized as a for -profit or nonprofit entity, or a multiple -family residential dwelling. "Commercial Solid Waste" means all solid wastes generated by a store, office, or other commercial or public entity source, including a business as defined in this chapter or a multiple -family residential dwelling. "Full -Service Restaurant" means an establishment with the primary business purpose of serving food, where food may be consumed on the premises, and an employee of the establishment takes all of the following actions: (1) Escorts or assigns the consumer to an assigned eating area. The employee may choose the assigned eating area or may seat the consumer according to the consumer's need for accommodation or other request; (2) Takes the consumer's food and beverage orders after the consumer has been seated at the assigned seating area; (3) Delivers the food and beverage orders directly to the consumer; (4) Brings any requested items associated with the consumer's food or beverage order to the consumer; and (5) Delivers the check directly to the consumer at the assigned eating area. "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. "Recycling Facility" means a business that collects or processes recyclable materials. "Recyclable Material" means material that can be separated from waste for the purpose of reusing or returning these materials in the form of raw materials for new, used or reconstituted products that meet the quality standard necessary to be used in the marketplace, or for composting. "Self -Hauler" means a business, including a multi -family residential dwelling, that hauls Ordinance No. 2034 Page 4 its own waste to a recycling facility. To "self -haul" means to act as a self -hauler. "Source Separate" means physically separating waste materials by type at the point of discard so as to separate recyclable materials from non -recyclable waste. "Waste" is a comprehensive term for municipal, commercial or organic wastes that are not deemed to be recyclable materials. SECTION 3. Title 6 of the Palm Springs Municipal Code is hereby amended to add Chapter 6.04.290, which shall read as follows: 6.04.290 Commercial Solid Waste and Organic Waste Recycling for Businesses and Multiple -Family Residential Dwellings —Mandatory. (a) Mandatory Recycling of Commercial Solid Waste (1) A business that generates four cubic yards or more of commercial solid waste per week or is a multiple -family residential dwelling consisting of five or more units shall comply with the following requirements: (A) Arrange for the regular collection of commercial recyclable materials through the City's authorized waste collection contractor; (B) Maintain containers on the premises, which are to be provided by the City's authorized waste collection contractor, for the collection of commercial recyclable materials; (C) Source separate commercial recyclable materials from waste, and place the recyclable materials in the appropriate containers for collection as designated by the City's authorized waste collection contractor; and (D) If the business is one that provides customers access to the business, the business must provide containers to collect commercial recyclable materials resulting from purchases made by customers on the premises for immediate consumption. The containers must be: (i) Adjacent to each container for waste other than commercial and organic recyclable materials, except in restrooms; (ii) Visible and easily accessible to customers; and (iii) Clearly marked with educational signage indicating what materials are appropriate to place in the containers in accordance with State and local law. An acceptable method to comply with this subsection is to work with the City's authorized waste collection contractor to obtain the appropriate language or signage. Ordinance No. 2034 Page 5 (2) Full -service restaurants are exempt from the requirements of subdivision (a)(1)(D) if the full -service restaurant provides its employees containers to collect commercial recyclable materials resulting from purchases made by customers on the premises for immediate consumption, and implements a program to separate and collect such materials. The full -service restaurant is required to post and maintain educational signage on the container itself or in a prominent and visible manner near the container indicating what materials are appropriate to place in the containers in accordance with State and local law. An acceptable method to comply with this requirement is to work with the City's authorized waste collection contractor to obtain the appropriate language or signage. (3) A property owner of a multiple -family residential dwelling or their agent may require tenants to source separate commercial recyclable materials in order to aid in compliance with this chapter. It is unlawful and a violation of this chapter for any tenant of a multiple -family residential dwelling not to comply with a source separate requirement issued by a property owner or their agent. (b) Mandatory Recycling of Organic Waste (1) A business that generates two cubic yards or more of commercial solid waste per week or is a multiple -family residential dwelling consisting of five or more units shall comply with the following requirements: (A) Arrange for the regular collection of organic recyclable materials through the City's authorized waste collection contractor; (B) Maintain containers on the premises, which are to be provided by the City's authorized waste collection contractor, for the collection of organic recyclable materials; (C) Source separate organic recyclable materials from waste, and place the recyclable materials in the appropriate containers for collection as designated by the City's authorized waste collection contractor; and (D) If the business is one that provides customers access to the business, the business must provide containers to collect organic recyclable materials resulting from purchases made by customers on the premises for immediate consumption. The containers must be: (i) Adjacent to each container for waste other than commercial and organic recyclable materials, except in restrooms; (ii) Visible and easily accessible to customers; and (iii) Clearly marked with educational signage indicating what Ordinance No. 2034 Page 6 materials are appropriate to place in the containers in accordance with State and local law. An acceptable method to comply with this subsection is to work with the City's authorized waste collection contractor to obtain the appropriate language or signage. (2) Multiple -family residential dwellings are not required to divert food waste under subsection (b)(1). (3) When arranging for gardening or landscaping services, the contract or work agreement between a business subject to this section and a gardening or landscaping service shall require that the organic waste generated by those services be managed in compliance with this section. (4) The City may, at its discretion, exempt a business from the mandatory organic waste recycling requirements of this chapter for any of the following reasons: (A) Lack of sufficient space in the multiple -family residential dwelling to provide additional organic waste collection containers; (B) A business's implementation of a recycling program that results in the recycling of a significant portion of its organic waste (to be determined by the City's authorized waste collection contractor in accordance with state and local law, and regional standards or practices); (C) The business or group of businesses does not generate at least one- half cubic yard of organic waste per week; (D) Limited -term exemptions for extraordinary and unforeseen events; or (E) The business or group of businesses does not generate at least one cubic yard of organic waste per week. (5) For the exemption listed in subsection (4)(E) to become effective, the City must provide the California Department of Resources Recycling and Recovery information that explains the need for the higher exemption rather than the lower exemption provided for in subsection (4)(C). The City shall provide this information in its annual report that is required pursuant to California Public Resources Code section 41821. (c) Provision for Self -Haulers (1) Nothing in this chapter shall preclude a business from self -hauling commercial or organic recyclable materials generated by that business to a recycling facility. However, to be in compliance with the requirements of this chapter, the business must: Ordinance No. 2034 Page 7 (A) Provide confirmation of self -hauling to the City or the City's authorized waste collection contractor annually; and (B) Provide proof of compliance with the requirements of this chapter upon request by the City. Proof of compliance consists of a receipt from a recycling facility identifying the facility, date, and type and quantity of recyclable material delivered. Businesses shall maintain proof of compliance from self -hauling activities conducted over the course of an entire year, from the period of January 1 to December 31. Businesses may dispose of that year's proof of compliance two years after December 31. (d) Contamination of Recyclable Materials No business or person shall place in any container used for the collection of commercial or organic recyclable materials any waste, material or substance that would inhibit recycling of the container's contents. Containers set aside for commercial and organic recyclable materials shall only be used for recyclable materials identified by the City's waste collection contractor. (e) Authority to Implement Fee System to Recover City's Costs in Complying with State Law The City Manager, upon authorization from the City Council, may implement a system allowing for the City to charge and collect a fee from Businesses that are subject to this chapter in order to recover the City's costs in complying with the commercial solid waste and organics recycling requirements set forth in California Public Resources Code chapters 12.8 and 12.9. (f) Forms, Regulations and Guidelines The City Manager may adopt necessary forms, rules, regulations, and guidelines that may be necessary or desirable to aid in the administration or enforcement of the provisions of this chapter. (g) Education and Enforcement (1) The City Manager or his designee shall work with the City's authorized waste collection contractor to conduct outreach and educate businesses subject to the requirements of this chapter about its requirements and facilitate compliance. (2) The City Manager or his designee shall work with the City's authorized waste collection contractor to annually identify businesses subject to the requirements of this chapter and confirm whether all such businesses are in compliance. Ordinance No. 2034 Page 8 (3) Prior to taking any enforcement action against a business for violation of the requirements of this chapter, the City shall first notify the business and provide the business an opportunity to correct the violation. This notice shall contain the information required by Palm Springs Municipal Code section 1.06.030(b). The notice shall state the business has 60 days to correct the violation. (4) Businesses shall be responsible for ensuring and demonstrating compliance with the requirements of this chapter within the 60 day time frame provided in the notification of violation. Failure to demonstrate compliance shall be cause for enforcement. The City may pursue enforcement of the provisions of this chapter through administrative, civil, or criminal proceedings. SECTION 4. The City Council finds that the adoption of this Ordinance is not subject to environmental review under the California Environmental Quality Act ("CEQA") because it is not a CEQA "project" pursuant to CEQA Guidelines sections 15060(c)(2) and (c)(3) because it has no potential of creating a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Additionally, in the alternative, even if the Ordinance is a CEQA "project," it is still categorically exempt from further environmental review pursuant to CEQA Guidelines sections 15307 and 15308 because the Ordinance is an action taken by the City as a regulatory agency, authorized by Public Resources Code sections 42649.3 and 42649.82, to assure the maintenance, restoration or enhancement of natural resources, and for the protection of the environment. The waste diversion procedures set forth in the Ordinance reduce greenhouse gas emissions, save energy, and reduce the need to extract raw materials for production. Further, the City Council finds that none of the exceptions to the exemptions under CEQA Guidelines section 15300.2 apply. Adoption of the proposed Ordinance will not result in a cumulative impact from successive projects of the same type, and in the same place, over time. Similarly, there is no reasonable possibility that adoption of the proposed Ordinance will have a significant effect on the environment due to unusual circumstances. Adoption of the proposed Ordinance will also not result in any damage to scenic resources, including, but not limited to, trees, historic buildings, rock outcroppings or similar resources, within a highway officially designated as a state scenic highway. Adoption of the proposed Ordinance will not be located on a hazardous waste site or any other site included on a list compiled pursuant to Government Code section 65962.5. Adoption of the proposed Ordinance will not cause a substantial adverse change to the significance of any historical resource. Therefore, the City Council directs that a Notice of Exemption for this Ordinance be filed with the County Clerk of the County of Riverside in accordance with CEQA Guidelines. SECTION 5. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any Ordinance No. 2034 Page 9 court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 6. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law. This Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 12TH DAY OF NOVEMBER, 2020. 1 FAY•' ATTEST: THON ,Illt CITY CLER Ordinance No. 2034 Page 10 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF PALM SPRINGS) CERTIFICATION ss. I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 2034 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on October 22, 2020, and adopted at a regular meeting of the City Council held on November 12, 2020, by the following vote: AYES: Councilmembers Garner, Middleton, Woods, Mayor Pro Tern Holstege, and Mayor Kors NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this F> " day of thony ejia MM)a1ifo i y Clerk City of Pal Spnngs,rnia