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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
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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
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11/7/2019 2:08:07 PM
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Resolutions and Ordinances
Document Type
Council Ordinances
Document #
2019-15
Document Title
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
Adoption Date
9/24/2019
Document Relationships
03 - Amending NBMC 6.04 — Garbage, Refuse and Cuttings and Adding 6.06 — State Mandated Municipal Solid Waste Diversion Programs
(Cover Page)
Path:
\Packets/Minutes, Ordinances, Resolutions & Council Videos\City Council\Council Meetings\2019\09/24/2019\Agenda Packet
23 - Amending NBMC Chapter 6.04 - Garbage, Refuse and Cuttings and Adding Chapter 6.06 - State Mandated Municipal Solid Waste Diversion Programs
(Agenda)
Path:
\Packets/Minutes, Ordinances, Resolutions & Council Videos\City Council\Council Meetings\2019\09/10/2019\Agenda Packet
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ORDINANCE NO. 2019-15 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />NEWPORT BEACH, CALIFORNIA, AMENDING PORTIONS OF <br />CHAPTER 6.04 AND OTHER RELATED PROVISIONS OF THE <br />NEWPORT BEACH MUNICIPAL CODE AND ADDING CHAPTER <br />6.06 TO TITLE 6 OF THE NEWPORT BEACH MUNICIPAL CODE <br />TO INCORPORATE STATE MANDATES ON THE DIVERSION OF <br />MUNICIPAL SOLID WASTE <br />WHEREAS, Assembly Bill 939 ("AB 939"), codified in Public Resources Code Section <br />40000 et. seq., requires the City of Newport Beach ("City") to divert a minimum of fifty percent <br />(50%) of the municipal solid waste generated from landfill disposal; <br />WHEREAS, AB 939 was amended by Assembly Bill 341 ("AB 341 "), as codified in Public <br />Resources Code Section 41780.01, in 2011 to establish a statewide goal of diverting seventy- <br />five percent (75%) of all municipal solid waste from landfill by 2020 and to require all local <br />government jurisdictions to provide a commercial recycling program to businesses and to multi- <br />family developments of five (5) units or larger by July 1, 2012; <br />WHEREAS, AB 341 also required all businesses generating more than four (4) cubic <br />yards per week of commercial municipal solid waste and all multi -family dwellings of five (5) <br />units or more, to arrange for recycling services by July 1, 2012; <br />WHEREAS, AB 939 was further amended by Assembly Bill 1826 ("AB 1826"), codified <br />in Public Resources Code Section 42649.82, in 2014 to require the City to provide a diversion <br />program for collection and diversion of food scraps (including food -soiled paper mixed in with <br />food scraps), green waste and non -hazardous wood, on or before January 1, 2016; <br />WHEREAS, AB 1826 also required businesses generating certain quantities of food <br />scraps, green waste and wood to participate in a diversion program according to a specified <br />schedule beginning with participation by the largest generators of these materials on or before <br />April 1, 2016; and participation by additional generators of these materials by January 1, 2017, <br />and by January 1, 2019, depending upon the quantity of food scraps, green waste and wood <br />generated (Public Resources Code Section 42649.81); <br />WHEREAS, AB 939 was amended by Assembly Bill 1594, codified in Public Resources <br />Code Section 41781.3, in 2014 to phase out the use of green waste as alternative daily cover <br />at landfills and no longer allow the City to receive diversion credit for such use on or after <br />January 1, 2020; <br />
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