HomeMy WebLinkAbout90-6 - Establishing a Recycling Service FeeAN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH
ESTABLISHING A RECYCLING SERVICE
FEE.
• The City Council of the City of Newport Beach does hereby
ordain as follows:
SECTION 1: Chapter 2.30 is hereby added to the
Newport Beach Municipal Code to read as follows:
Chapter 2.30: Recycling Service Fee
Section 2.30.010 Short Title
Section 2.30.020 Findings and Purpose
Section 2.30.030 Authority
Section 2.30.040 Responsibility
Section 2.30.050 Severability
Section 2.30.010. Short Title.
This Chapter shall be known as the "Recycling Service Fee
Ordinance."
• Section 2.30.020. Findings and Purpose.
The Newport Beach City Council finds and declares that:
A. The State Legislature has determined that the
amount of solid waste generated in the State, coupled with
diminishing landfill space and the potential adverse environmental
impacts of landfilling, creates an urgent need for state and local
agencies to enact and implement aggressive new integrated waste
management programs; and
B. The State Legislature has adopted a
comprehensive statutory scheme designed to reduce the amount of
solid waste disposed of in landfills and, to that end, requires
cities and counties to recycle at least twenty -five percent (25 %)
of the solid waste stream beginning January 1, 1995; and
• C. Disposal sites in Orange County are nearing
capacity, the Coyote Canyon Landfill is to be closed April, 19.90,
and there is a present need for all public and private haulers to
reduce the volume of waste deposited in county facilities; and
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D. Programs which require resident participation
in recycling efforts have been well received but, even with ninety
percent (90 %) participation, only six to eight percent (6% - 8 %) of
the solid waste stream is recycled; and
E. Private recyclers are the best vehicle for
satisfying recycling
obligations and
do
so at
a cost below that
which the City would
incur if it were
to
utilize
its own employees
and equipment.
F. The fee authorized by this Ordinance is limited
to recovery of additional costs incurred by the City in satisfying
state mandated recycling requirements and shall not be used to
reduce the cost or expense of collecting, hauling and disposing of
solid waste.
G. The person or business paying for water from
the City of Newport Beach is most likely receiving trash pickup
services.
Section 2.30.030. Authority
The City Council is authorized to impose, by resolution,
a recycling service fee on persons and /or businesses receiving
trash services from the City of Newport Beach. The authority
conferred upon the Council is subject to the following limitations:
A. The amount of the fee shall be strictly limited
to the additional costs and expense incurred by the City in
satisfying state mandated recycling requirements and, in no event
shall any portion of the fee collected be used to defray the
ordinary expenses incurred by the City in collecting, hauling and
disposing of solid waste;
B. The fee shall not extend to persons or
businesses whose solid waste is collected by private haulers; and
Section 2.30.040. Responsibility
• The Recycling Service Fee imposed pursuant to the
provisions of this Ordinance shall be the obligation of the
person(s) or businesses responsible for the payment of water
service if water is supplied to the property by the City of Newport
Beach. In the event water service is not provided by the City of
.a
Newport Beach, payment of the Recycling Service Fee shall be the
responsibility of the owner of the property.
Section 2.30.050. Severability
If any section, sub - section, sentence or clause of this
Chapter is, for any reason, held to be invalid or unconstitutional
•by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Chapter. The
City Council declares that it would have passed this Ordinance and
all provisions not declared invalid or unconstitutional without
regard to such declaration.
SECTION 2: This Ordinance was introduced at a regular
meeting of the City Council of the City of Newport Beach held on
the 12th day of March, 1990, and adopted on the 26th day of
March , 1990, by the following vote, to wit:
ATTEST:
AYES, COUNCILMEMBERS TURNER, WATT, SANSONE,
PLUMMER, HART, COX
NOES, COUNCILMEMBERS STRAUSS
ABSENT COUNCILMEMBERS NONE
Pm 5W7V_.
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RECYCL.ORD
3/6/90
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