HomeMy WebLinkAboutORD-06-07 Amending Ch 8.28- Recycling Construction & Demo WasteORDINANCE NO. 6-
07 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING CHAPTER 8.28
OF THE ORANGE MUNICIPAL CODE RELATING
TO RECYCLING OF SELF-
HAULED CONSTRUCTION AND
DEMOLITION WASTE.WHEREAS, the City is authorized to provide services and adopt
regulations for the collection, disposal and recycling of solid waste pursuant to the
Integrated Waste Management Act of 1989 (the
Act); and WHEREAS, Public Resources Code Section 40191 of the Act
defines "solid waste" to include "demolition and construction
wastes"; and WHEREAS, the Act requires the City to divert at least 50% of
solid waste generated within the City from
landfills; and WHEREAS, the Act requires and authorizes the City to adopt
and implement recycling programs tomeet and/or exceed the Act's diversion
requirements; and WHEREAS, the City Council finds that notwithstanding the fact that the
City is currently meeting its diversion requirements, that expanding diversion
programs to require the recycling of specified construction and demolition waste will help
ensure that the City will continue to meet diversion requirements, will incrementally extend
the life of County landfills, and will have an overall environmental benefit and
rate
stabilization benefit.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY
OF ORANGE DOES ORDAIN
AS FOLLOWS:
SECTION I:Section 8.28.010A. of the Orange Municipal Code
defining "CONSTRUCTION WASTE" is deleted in its entirety and replaced with
the following:A. CONSTRUCTION AND DEMOLITION WASTE means
any materials removed during any construction, demolition, remodeling, grading, land
clearing or renovation project on any residential, commercial, institutional or
industrial building,road, driveway, walkway or other structure, including but not limited to,
concrete, asphalt paving, asphalt roofing, lumber, gypsum board, rock, soil
SECTION II:
A new Section 8.28.077 is added to the Orange Municipal Code to provide as follows:
8.28.077
Waste.
A. Projects covered. A Covered Project shall mean any construction, demolition,
remodeling, grading, land clearing or renovation project which is required to obtain a
building or demolition permit from the City or State and generates Construction and
Demolition Waste that would be disposed of by a person or entity described in Section
8.28.070B. at a solid waste landfill. Projects that are utilizing a waste disposal container
or bin supplied by the City's contract solid waste hauler shall not constitute a Covered
Project.
Mandatory Recycling of Self-Hauled Construction and
Demolition B. Recycling requirement: A Covered Project shall take all Construction
and Demolition Waste to a material processing facility or facilities designated by the
City.No Covered Project shall take Construction and Demolition Waste directly to
any
landfill.C. Acknowledgment of Recycling Obligation: Any person or entity obtaining
a building or demolition permit ("permittee") from the City for a Covered Project
shall acknowledge in writing, on a form supplied by the City, their obligation to dispose
of Construction and Demolition Waste at a facility or facilities designated by the City
prior to being issued such permit. The City shall supply a permittee of a Covered Project
with a list of the names and addresses of processing facilities, along with disposal rates,
that have been designated by the
City.D. Enforcement: In addition to a violation of this Ordinance constituting
a misdemeanor, if the Public Works Director and City Manager determine that
permittees are not substantially complying with this Ordinance, a cash deposit of up to $500 shall
be required as a condition of issuance of a building or demolition permit for a
Covered Project. Said deposit shall be returned if the permittee provides proof to the
satisfaction of the Public Works Director in the form of receipts, weight tickets or
other documentation that the permittee has complied with this
section,"SECTION
II:Should any section, subsection, clause, or provision of this Ordinance for
any reason be held to be invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of
this Ordinance; it being hereby expressly declared that this Ordinance, and each
section,subsection, sentence, clause and phrase hereof would have been prepared,
proposed,approved and ratified irrespective of the fact that anyone or more sections,
subsections,sentences, clauses or phrases be declared invalid or unconstitutional. This
Ordinance shall be prospective in application from its effective
date.
SECTION III:
A summary of this Ordinance shall be published and a certified copy of the full
text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days
prior to the City Council meeting at which this Ordinance is to be adopted. A summary
of this Ordinance shall also be published once within fifteen (15) days after this
Ordinance's passage in a newspaper of general circulation, published, and circulated in
the City of Orange. The City Clerk shall post in the Office of the City Clerk a certified
copy of the full text of such adopted Ordinance along with the names of those City
Council members voting for and against the Ordinance in accordance with Government
Code Section 36933. This Ordinance shall take effect thirty (30) days from and after the
date of its final passage.
ADOPTED this 10th day of April, 2007
ATTEST:
of OrangeMary .
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Ordinance was introduced at the regular meeting of the City
Council held on the 27th day of March, 2007, and thereafter at the regular meeting of said
City Council duly held on the 10th day of April, 2007, was duly passed and adopted by
the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMEBRS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
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Mary E
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City -cIerK, 1
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