2019-15 - Amending Portions of Chapter 6.04 and Other Related Provisions of the Newport Beach Municipal Code and Adding Chapter 6.06 to Title 6 of the Newport Beach Municipal Code to Incorporate State Mandates on the Diversion of Municipal Solid Waste

ORDINANCE NO. 2019-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING PORTIONS OF CHAPTER 6.04 AND OTHER RELATED PROVISIONS OF THE NEWPORT BEACH MUNICIPAL CODE AND ADDING CHAPTER 6.06 TO TITLE 6 OF THE NEWPORT BEACH MUNICIPAL CODE TO INCORPORATE STATE MANDATES ON THE DIVERSION OF MUNICIPAL SOLID WASTE WHEREAS, Assembly Bill 939 ("AB 939"), codified in Public Resources Code Section 40000 et. seq., requires the City of Newport Beach ("City") to divert a minimum of fifty percent (50%) of the municipal solid waste generated from landfill disposal; WHEREAS, AB 939 was amended by Assembly Bill 341 ("AB 341 "), as codified in Public Resources Code Section 41780.01, in 2011 to establish a statewide goal of diverting seventy- five percent (75%) of all municipal solid waste from landfill by 2020 and to require all local government jurisdictions to provide a commercial recycling program to businesses and to multi- family developments of five (5) units or larger by July 1, 2012; WHEREAS, AB 341 also required all businesses generating more than four (4) cubic yards per week of commercial municipal solid waste and all multi -family dwellings of five (5) units or more, to arrange for recycling services by July 1, 2012; WHEREAS, AB 939 was further amended by Assembly Bill 1826 ("AB 1826"), codified in Public Resources Code Section 42649.82, in 2014 to require the City to provide a diversion program for collection and diversion of food scraps (including food -soiled paper mixed in with food scraps), green waste and non -hazardous wood, on or before January 1, 2016; WHEREAS, AB 1826 also required businesses generating certain quantities of food scraps, green waste and wood to participate in a diversion program according to a specified schedule beginning with participation by the largest generators of these materials on or before April 1, 2016; and participation by additional generators of these materials by January 1, 2017, and by January 1, 2019, depending upon the quantity of food scraps, green waste and wood generated (Public Resources Code Section 42649.81); WHEREAS, AB 939 was amended by Assembly Bill 1594, codified in Public Resources Code Section 41781.3, in 2014 to phase out the use of green waste as alternative daily cover at landfills and no longer allow the City to receive diversion credit for such use on or after January 1, 2020;