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HomeMy WebLinkAbout18 - Franchised Solid Water Haulers AmendmentsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 18 February 10, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: General Services Department David E. Niederhaus, Director, 949 - 644 -3055, dniederhaus(o)citv.newport- beach.ca.us SUBJECT: Amendments to the Newport Beach Municipal Code requiring use of franchised solid waste haulers for demolition activities. ISSUE: Should the City amend Section 15.02.035 of the Newport Beach Municipal Code pertaining to the Uniform Administrative Code to clarify procedures and requirements for handling waste from demolition activities? RECOMMENDATION: Introduce Ordinance 2004 - amending Section 15.02.035 pertaining to the Uniform Administrative Code for a first reading. DISCUSSION: Background: This ordinance was originally introduced at the December 9, 2003 City Council meeting (Agenda Item No. 7). After discussion by the City Council and City staff, this ordinance has been further amended to better address the solid waste issues that arise with full - scale demolitions that occur in the City. Full -scale demolition projects are permitted only if a solid waste hauler franchised by the City is used to haul the debris created by the project. All franchised haulers agree to recycle solid waste as required by State Law AB 939. AB939, the California recycling mandate of 1989, required jurisdictions to divert 25% of their solid waste from landfills by 1995 and continue to maintain a 50% recycling rate after December 31, 2000. In Municipal Code Amendment February 10, 2004 Page 2 i addition, State regulations require that the City report annually on the status of AB939 implementation efforts. Ordinance Amendments General Services Department staff has prepared an amendment to the existing demolition ordinance that will codify the requirement to notify the General Services Department staff prior to the commencement of demolition activities. Under the proposed changes, not only will the permittee be required to certify on the demolition permit application that a franchised solid waste hauler will be used, but they will also have to provide the name of the franchised entity when they notify the General Services Department of their intent to begin demolition activities. This notification must occur sometime between 24 to 72 hours prior to commencement of demolition activities. In addition, the permittee will be required to place a $1,750 deposit with the City at the time the demolition permit is issued. This deposit will be used to ensure that a franchised hauler is used to haul all solid waste generated during the demolition process. The Master Fee Schedule will also be amended to reflect the $1,750 demolition permit deposit and impose an hourly fee of $50.00 per staff hour, one -hour minimum for Building Department staff and two hours minimum for General Services staff, to review and process the application and inspect all full -scale demolitions. If it is determined that a non - franchised hauler was utilized to haul solid waste from the demolition, the demolition permit deposit will be forfeited. General Services Department staff will continue to visually inspect all proposed major demolition projects and ensure that a franchised hauler is being utilized in demolition and waste hauling activities in advance of the commencement of demolition activities. The amendment also will allow the Building Director to stop work on a demolition project when the waste is not being handled by a franchised hauler. New legislation requires that cities include information on their construction and demolition (C &D) debris diversion programs in the annual recycling reports to the California Integrated Waste Management Board ( CIWMB). Each city's annual report must now include a progress summary on diversion of construction and demolition waste, including information on programs and ordinances implemented by the local government, and quantitative date, where available. The CIWMB will look at whether a city has implemented and improved C &D diversion programs in determining whether or not a City has made a "good faith effort" to meet the solid waste diversion goals. The proposed changes to the demolition ordinance will satisfy this requirement as well as close a loophole in the current City C &D recycling program. Environmental Analysis: Not a project under CEQA. 0 . Ci�U"- iL AG, BOA No. � - • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 December 9, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: General Services Department David E. Niederhaus, Director, 949 - 644 -3055, dniederhaus(cDcity.newport- beach.ca.us SUBJECT: Amendments to the Newport Beach Municipal Code requiring use of franchised solid waste haulers for demolition activities. ISSUE: Should the City amend Section 15.02.035 of the Newport Beach Municipal Code • pertaining to the Uniform Administrative Code to clarify procedures and requirements for handling waste from demolition activities? RECOMMENDATION: Introduce Ordinance 2003 -_ amending Section 15.02.035 pertaining to the Uniform Administrative Code for a first reading. DISCUSSION: Background: AB939, the California Recycling Mandate of 1989, required jurisdictions to divert 25% of their solid waste from landfills by 1995 and continue to maintain a 50% diversion rate after December 31, 2000. In addition, State regulations require that the City report annually on the status of AB939 implementation efforts. In 1995, the City diverted 47% of its solid waste, easily surpassing the 1995 diversion mandate of 25 %. In 2000, the City diverted in excess of 49% of its solid waste and was awarded a good faith effort approval from the California Integrated Waste Management Board (CIWMB). In 2001, the City continued to divert 49% of its solid waste, still shy of the 50% recycling mandate, but the goal was waived by the CIWMB. The Board has not yet released recycling figures for 2002. ` Municipal Code Amendment December 9, 2003 Page 3 • permit application that a franchised solid waste hauler will be used, but they will also have to provide the name of the franchised entity when they provide the General Services Department with 24 hours notice. The General Services Department will continue to visually inspect all proposed major demolition projects and ensure that a franchised hauler is being utilized in demolition and waste hauling activities in advance of the commencement of demolition activities. The amendment also will allow the Building Director to stop work on a demolition project for which the waste is not being handled by a franchised hauler. New legislation requires that cities include information on their construction and demolition (C &D) debris diversion programs in the annual recycling reports to the California Integrated Waste Management Board ( CIWMB). Each city's annual report must. -now include a progress summary on diversion of construction and demolition waste, including information on programs and ordinances implemented by the local government, and quantitative date, where available. The CIWMB will look at whether a city has implemented C &D diversion programs in determining whether or not a City has made a "good faith effort" to meet the waste diversion goals. The proposed changes to the demolition ordinance will satisfy this requirement as well as close a loophole in the City's recycling program. Environmental Analysis: Not a project under CEQA. Public Notice: Notice of the proposed ordinance change was submitted to the National Association of Demolition Contractors, Southern California Chapter. The routine public notice of the ordinance amendments will be published after Council approval of first reading. Prepared by: J—eremj Vfammond, Management Assistant • Submitted by: David E. Niederhaus, Director ORDINANCE NO. 2003- • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 15.02.035 OF TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE UNIFORM ADMINISTRATIVE CODE WHEREAS,.State AB 939, the California Integrated Waste Management Act of 1989, requires local governments to recycle a minimum of 50% of all solid waste generated. WHEREAS, Chapter 12.63 of the Newport Beach Municipal Code provides that only a franchised commercial solid waste enterprise can provide solid waste handling services within the City of Newport Beach. Chapter 12.63 defines "solid waste" to include demolition and construction wastes. Failure to use a franchised commercial solid waste enterprise for demolition and construction wastes adversely impacts the City's ability to report disposal of solid wastes and meet its recycling requirements. WHEREAS, the Building Department issues demolition permits pursuant to Chapter 3 of the Uniform Administrative Code adopted in Chapter 15.02 of the Newport Beach Municipal • Code. Permits must comply with both the technical codes and ordinances of the City of Newport Beach. WHEREAS, the General Services Department administers the Solid Waste Hauler franchise program and is in charge of verifying compliance with the program. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. Section 15.02.035 of Chapter 15.02 of the Newport Beach Municipal Code is amended to read as follows: 15.02.035 Amendment to Section 303.1 of the Uniform Administrative Code. • Section 303.1 of the Uniform Administrative Code is amended to read as follows: SECTION 2, • That 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. This Ordinance shall be published once in the official newspaper of the City, and the same shall be effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of , 2003, and was adopted on the _ day of • ATTEST: CITY CLERK • 2004, by the following vote to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS 3 MAYOR