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Mayor and City Council
General Services Director
City Council Agenda
Item No. 6
January 11, 2000
SUBJECT: Proposed Amendments to Section 604.090 of the Municipal Code (Garbage
and Refuse Container Requirements)
Recommendation
That the attached Ordinance No. amending Section 6.04.090 of the Municipal Code be
introduced for a first reading and passed on to a second reading on January 25, 2000.
Background
The attached proposed Ordinance Amendment was discussed by the City Council at its
December 13, 1999 Study Session. The proposed Amendment was initiated in response to safety
concerns raised by changes in refuse container designs that have caused injuries to City
employees and lowered collection efficiency.
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 raised safety concerns 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
At the December 13, 1999 Study Session, Council directed staff to identify the availability and
cost of replacement containem, as well as to prepare an enforcement schedule for changes to the
FAUsen \GSV\MEIdddgeMECEMRER 99 \Council -Refu II.doc
can ordinance, which would give residents a fair opportunity to comply with the new ordinance,
and amortize their costs for existing cans.
The table below identifies examples of two containers with costs that would meet the ordinance
requirements proposed in this report:
It is estimated that 11% of the dwelling units that receive City refuse collection services will be
affected by the new requirements. To ensure that all are made aware of the changes and are
given a fair opportunity to replace any unauthorized containers, staff will initiate a public
outreach program immediately following Council approval of the ordinance.
Refuse Division staff will begin distribution of door hanger notices or can labels at each
collection stop beginning as early as January 26, 2000 informing residents of the new
requirements and effective date of the ordinance. Staff will also identify any unauthorized
containers with a label to ensure that residents are specifically aware of which container(s) they
will need to replace. However, the City will continue to service all container types throughout
the public information process, which will extend through August 31, 2000. Enforcement of the
new requirements will begin September 1, .2000. The extended public outreach period will
ensure that all affected residents are properly informed of the revised collection rules and will
provide residents the opportunity to amortize the cost of their replacement containers over six -
month period.
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. 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 later in this section.
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 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 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).
The proposed changes to the City's refuse container regulations addresses these concerns by
including the following:
FdURM \GSV\MEldridScMECEMBER 99\COw il- RefwelLdw
a • 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 (Attachment B). 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.
The ordinance will minimize the potential for similar injuries by requiring fixed -handle design.
Both adjustable and non -fixed handle types easily break when a fully loaded or overloaded
container is lifted resulting in possible injury to the refuse collector. It also becomes more
difficult for the refuse collector to lift and empty a fifty -pound container that does not have
handles. In addition, attached lids, which interfere with dumping and complicate the collection
process by preventing refuse from falling out of the container, will also not be allowed by the
ordinance. A further discussion of staff safety concerns and some illustrations regarding 45-
gallon and hinged lid containers are included in Attachment C.
Lastly, the ordinance will eliminate metal containers as an approved type. These containers
present a hazard when cans develop sharp edges from deterioration associated with regular use
and are noisy when pulled or emptied.
Staff is submitting the proposed ordinance amendment at this time to prevent any increase in the
use of the problematic containers and minimize the number of households that may have to
replace their containers. An extended public education program and a diplomatic enforcement of
the new ordinance will ensure safer, more efficient refuse collection operations.
Very respectfully,
David E. Niederhaus
DEN /me
Attachments:
(A) Ordinance No amending Section 6.04.090 of the Newport Beach
Municipal Code
(B) Report: Number of Households using 45- gallon Containers
(C) December 13, 1999 City Council Study Session Item #2 (Staff Report)
FAUsm\GSv\MEJddd,e \UECEMRF.R A-
ORDINANCE NO. 0
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 ''•* 5; 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 top
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 bar 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 September 1, 2000.
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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TO:
FROM:
SUBJECT
Attachment C
Ward, larvalgal
City Council Agenda
Study Session Item No. 2 .
December 13, 1999
Mayor and City Council
General Services Director
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
FA Users \GSV\MEWdge\SEPTEMRER 99\Ca=ci1 -Refu .dac
"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
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 via] 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.
FAUsem\GSV\MEldridge\SEFTEMBER 99\Cou il- Refose.dw
0
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Very respectfully,
L
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
FAUsen\GSV\MEIdlidge\SERTEMBER 99\Council- Refuse dnc