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TO:
FROM:
Mayor and City Council
General Services Director
City Council Agenda
Study Session Item No. ?
December 13, 1999
SUBJECT: Proposed Amendments to Section 6.04.090 of the Municipal Code (Garbage
and Refuse Container Requirements)
Recommendation
Review the proposed ordinance amending Section 6.04.090 of the Municipal Code and forward
to Council for first reading on January 11, 2000.
Background
A current trend among refuse container manufacturers is the production and sale of 45- gallon
containers with wheels. Although the containers are designed to include added conveniences for
the consumer, the new design has been problematic for the City's refuse collection crews. The
new design, which evolved from the large containers used in automated collection programs, has
not been user - friendly for manual refuse collectors.
One of the key problems associated with the new containers is that, when filled to capacity, the
containers easily exceed the fifty -pound gross weight limit referenced in Section 6.04.090 of the
Municipal Code (City Ordinance No. 1403, 1971). In addition, the large size makes the
container awkward to handle and therefore lends itself as a physical hazard to City refuse
collectors.
As a result of the safety concerns raised by the new containers, the General Services Department
has surveyed Refuse Division personnel for comments regarding the current refuse container
requirements established by Ordinance 1403. Based on comments received, staff has developed
the attached proposed amendments to the ordinance.
Discussion
Because of the numerous liabilities associated with manual refuse collection, providing a safe
working environment has always been of central concern for the City and the General Services
Department. The Occupational Safety and Health Administration of the U.S. Department of
• Labor recommends implementing ergonomic programs to prevent musculoskeletal disorders for
"Workers who must repeat the same motion throughout their workday, who must do their work
in an awkward position, who must use a great deal of force to perform their jobs, who must
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repeatedly lift heavy objects or who face a combination of these risk factors" (OSHA Issues
Ergonomics Program Proposal, Special Assistance for Small Businesses, November 1999). •
Although there are some permanent risk factors involved with manual refuse collection such as
repetitive motion and heavy lifting, prohibiting use of the problematic containers would
immediately minimize the risks associated with some of the more common injuries such as those
described below. In particular, reducing the maximum container capacity from 45 gallons to 35
gallons, as well as prohibiting use of hinged lid containers, would result in the use of containers
that are more ergonomically friendly. The proposed changes to the City's refuse container
regulations addresses these concerns by including the following:
• A reduction in the maximum container capacity from 45 gallons to 35 gallons.
• Elimination of metal containers as an approved container type.
• Amending the requirement regarding handle design on the container.
Prohibiting containers with attached lids.
• Establishes a fifty -pound maximum weight limit for trash contained in disposable trash bags.
Currently, 45- gallon containers are in use at approximately 7.5% of all households serviced by
the City Refuse Division. Employee injuries that are related to handling this type of container
include damage to upper and lower back and elbow and forearm injury. In addition, there is one
reported injury of an employee who was injected by an epinephrine vial while attempting to
remove refuse from an overloaded 45- gallon container.
Regarding the other changes, staff proposes to eliminate metal containers as an approved type.
These containers present a hazard when they develop sharp edges from deterioration associated •
with regular use. The current handle and lid requirements have also presented an ongoing safety
issue for refuse workers. The current code is not specific enough with regard to handle design.
Certain handle types easily break when a fully loaded or overloaded container is lifted resulting
in possible injury to the refuse collector. Attached lids interfere with dumping and complicate
the collection process by preventing refuse from falling out of the container. A further
discussion of staff safety concerns and some illustrations regarding 45- gallon and hinged lid
containers are attached.
Upon Council approval of the proposed amendment (January 11, 2000), the Refuse Division will
implement a public outreach program to inform residents of the policy changes. Doorhanger
notices will be distributed immediately following adoption of the ordinance (January 25, 2000),
so that residents may have at least 30 days to replace their containers before the ordinance takes
effect on February 26, 2000, and to avoid additional purchases of the problematic styles of refuse
containers. Staff will also inform local hardware stores of the change to the ordinance, so
residents will purchase only user - friendly containers.
Staff is submitting the proposed ordinance amendment at this time to prevent any increase in use
of the problematic containers and minimize the number of households that may have to replace
their containers. Final enforcement of any changes to the container ordinance will be done in a
diplomatic manner that is in keeping with the high standards of the City Refuse Division.
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Very respectfully,
David E. Niederhaus
DEN /me
Attachments:
(A) Ordinance No amending section 6.04.090 of the Newport Beach
Municipal Code
(B) Refuse Collection Safety: Refuse Division Staff Concerns Regarding
Residential Refuse Containers
(C) Refuse Collection Safety Presentation
\XMIS_I \ SYS1Usen \GS'AMEldcidgeLSEPTEMBER 99 \Council- Re(use.dac
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AMENDING SECTION 6.04.090
OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING
TO GARBAGE AND REFUSE CONTAINER REQUIREMENTS
The City Council of the City of Newport Beach does hereby ordain that certain section of the
Newport Beach Municipal Code section is amended to read, in full, as follows:
SECTION 1: Section 6.04.090 of Chapter 6.04 is amended to read as follows:
Section 6.04.090 Garbage and Refuse Container Requirements.
Any one container shall not exceed thirty -five (35) gallons in capacity and fifty
(50) pounds in weight, including contents. Containers shall be constructed of metal, plastic or
other watertight material; shall be equipped with fixed, immobile handles located below the ton
edge of the container and which accommodate a gloved hand; and a cover sufficient to prevent
odor from escaping the container, flies and other insects from reaching or coming in contact with
garbage, the contents from being blown away, and rain from entering such container. Said
container shall be tapered for easy emptying, with the diameter of the bottom of the container •
less than the diameter of the top, but such difference not exceeding five inches. Lids shall not be
attached to the containers. In place of the containers specified herein, garbage, refuse and
cuttings may be placed for collection in sturdy, grease- resistant, waterproof nonreturnable bags
which are specifically designed for garbage and refuse disposal; said bags must be securely tied
to prevent spillage and the weight must be such that the bag does not tear when handled. but in
no case shall exceed fifty �50) pounds.
The use of oil drums as garbage and refuse containers is prohibited.
SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is, for any
reason, held to be invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of the remaining portions of this ordinance. The City Council hereby declares
that it would have passed this ordinance, and each section, subsection, clause or phrase hereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases
be declared unconstitutional.
SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause the same to be published once in the official newspaper of
the City, and it shall be effective thirty (30) days after its adoption.
SECTION 4: This Ordinance was introduced at a regular meeting of the City Council of the
City of Newport Beach, held on the day of , and adopted on the _ day •
of by the following vote, to wit:
• AYES:
NOES:
ABSENT:
Mayor
ATTEST:
LaVonne Harkless,
City Clerk
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Attachment B
REFUSE COLLECTION SAFETY:
STAFF CONCERNS REGARDING RESIDENTIAL REFUSE CONTAINERS
I. Forty -five Gallon Rubbermaid Container
Below is a photograph of a forty -five gallon Rubbermaid trash container placed in between two
other Rubbermaid products: a thirty -five gallon container on the left and a thirty -two gallon
container on the
In addition to its taller and wider dimensions, the forty -five gallon container is more awkward to
handle because it is equipped with wheels and non -fixed handles that can be easily broken when
the container is overloaded.
The container does not have a sufficient grip for handling. Refuse collectors, therefore, use the
wheels as a bottom grip to empty the container. However, the wheels easily break loose from the
container causing a sudden shift in the refuse worker's grip that can cause possible injury. The
built -in grip is less than an inch deep and manufactured with a smooth surface making the
bottom of the container almost impossible to grip when the container is loaded.
The forty -five gallon containers are easily overloaded and often exceed the fifty -pound weight
limit causing an accumulation problem for residents when the overloaded containers are not
collected. The containers weigh twelve pounds when empty.
Over the years, the Refuse Division has incurred many hand, back and shoulder injuries. To
date, five Refuse Division personnel have had career- ending shoulder and back injuries caused
by lifting and handling refuse containers. Because they are difficult to handle and empty, the
larger -sized containers that have been introduced in the past eight to ten years may increase the
potential for more frequent and severe injuries.
A preliminary survey of the residential areas of the City of Newport Beach has shown that about •
seven and one -half percent (7.5 %) of the homes currently use the forty -five gallon containers.
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II. Hinged Lid Containers
There are two types of hinged -lid containers used by Newport Beach residents. The first type has
a non - removable lid. The second type of container has an easily removable lid.
a. Hinged Lid Containers with Non - removable Lids
Containers with non - removable lids present an awkward challenge to the collector. The lid
prevents refuse from leaving the container. When a collector attempts to empty the container,
refuse gets trapped in the container as the lid comes up against the hopper of the refuse vehicle or
the refuse that is already loaded in the hopper. In addition, The containers are also unstable often
falling over when returned to the curb after being emptied.
Example of hinged -lid container being emptied
Eventually, the built -in lid breaks leaving the attached hinge protruding, and the container is still
awkward for the refuse collector to handle (photo below).
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Hinged -lid container
Container with broken lid removed
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b. Hinged -Lid Containers with Removable Lids
The hinged -lid container with removable lid is not a problem with the refuse collectors. The lids
are easily removed and returned to the container after the container is emptied. The resident has a
convenient and secure container to store refuse in and a container that is easy for the refuse
collector to empty.
A preliminary survey of the residential areas of the City of Newport Beach has shown that about
two percent of the homes have hinged -lid containers with removable lids. Below are examples
of containers with removable lids.
Containers with removable lids
III. Summary
The Newport Beach Municipal Code currently allows the use of 45- gallon containers provided
that they do not exceed fifty (50) pounds when filled. However, with the recent increase in the
number of 45- gallon containers in use, the potential for injury has become evident. In addition,
staff has also had much difficulty servicing containers with hinged lids. Although the Municipal
Code requires residents to utilize containers equipped with a cover, it does not specify that the lid
must be removable.
Changes in the Municipal Code decreasing the maximum allowable container capacity from 45
gallons to 35 gallons and prohibiting containers with attached lids would address staff concerns
regarding safety and would be necessary to prevent continued use of the problematic containers.
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