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Farmersville Title 8 - HEALTH AND SAFETY Chapter 8.04 - INTEGRATED WASTE MANAGEMENT ORDINANCE NO. ______ AN ORDINANCE OF THE CITY OF FARMERSVILLE REPEALING CHAPTER 8.04 OF THE FARMERSVILLE MUNICIPAL CODE, PERTAINING TO INTEGRATED SOLID WASTE, AND ENACTING NEW CHAPTER 8.04 PERTAINING TO NEW REGULATIONS FOR SOLID WASTE COLLECTION AND RECYCLING AND PROHIBITING COLLECTION AND TRANSPORTATION OF SOLID WASTE FOR PROFIT ON PUBLIC STREETS AND PROPERTY. THE CITY COUNCIL OF THE CITY OF FARMERSVILLE DOES ORDAIN AS FOLLOWS: Section 1. CODE REPEAL. Chapter 8.04 of Title 8 of Farmersville Municipal Code are hereby repealed. Section 2. CODE ADOPTION. Chapter 8.04 is hereby added to Title 8 of the Farmersville Municipal Code to read in its entirety as follows: Farmersville, California, Code of Ordinances Page 1 of 41 Title 8 - HEALTH AND SAFETY Chapter 8.04 - INTEGRATED WASTE MANAGEMENT CHAPTER 8.04 INTEGRATED WASTE MANAGEMENT Sections: 8.04.010 - Title 8.04.020 - Findings 8.04.030 - Purpose and declaration of intent 8.04.040 - Definitions 8.04.050 - Contract for collection 8.04.060 - Term of contract 8.04.070 - Contract extension 8.04.080 - Termination of exclusive waste hauler contract 8.04.090 - Contract exceptions 8.04.100 - Insurance 8.04.110 - Performance bond 8.04.120 - Waste hauler vehicles 8.04.130 - Responsibility for damages 8.04.140 - Spill responsibility 8.04.150 - Required reports 8.04.160 - Public education 8.04.170 - Requirements for waste reduction and recycling services 8.04.180 - Mandatory source separation 8.04.190 - Mandatory single-family residential collection 8.04.200 - Mandatory multi-family, commercial and industrial business and institutional facility collection 8.04.210 - Noncompliance with mandatory service: Enforcement 8.04.220 - Consolidated utilities 8.04.230 - Initiation and cancellation of service 8.04.240 - Other collection services 8.04.250 - Collection frequency 8.04.260 - Missed service collections 8.04.270 - Emergency collection 8.04.280 - Privacy 8.04.290 - Integrated waste collection rates 8.04.300 - Customer billing Farmersville, California, Code of Ordinances Page 2 of 41 Title 8 - HEALTH AND SAFETY Chapter 8.04 - INTEGRATED WASTE MANAGEMENT 8.04.310 - Collection containers 8.04.320 - Inspection of containers 8.04.330 - Collection container maintenance standards 8.04.340 - Damage of a collection container 8.04.350 - Summary abatement of unauthorized containers 8.04.360 - Containers - serviceability 8.04.370 - Unlawful removal of collection containers 8.04.380 - Front load waste bin service 8.04.390 - Front load waste bin enclosures 8.04.400 - Toter service 8.04.410 - Toter placement location 8.04.420 - Roll-off bin service 8.04.430 - Ownership of recyclables 8.04.440 - Scavenging 8.04.450 - Nonprofit recycling fundraiser permit 8.04.460 - Accumulation or hoarding of integrated waste 8.04.470 - Self haul 8.04.480 - Importation of integrated waste 8.04.490 - Unlawful contamination 8.04.500 - Unauthorized disposal of waste 8.04.510 - Disposal of waste in sanitary sewer or storm system 8.04.520 - Burning of integrated waste 8.04.530 - Disposal of deceased animals 8.04.540 - Hazardous waste screening 8.04.550 - Hazardous waste 8.04.560 - Disposal of household hazardous waste 8.04.570 - Pharmaceutical waste 8.04.580 - Unauthorized disposal of tires 8.04.590 - Document destruction service 8.04.600 - Design of projects 8.04.610 - Enforcement authority 8.04.620 - Penalties 8.04.630 - Evidence Farmersville, California, Code of Ordinances Page 3 of 41 Title 8 - HEALTH AND SAFETY Chapter 8.04 - INTEGRATED WASTE MANAGEMENT 8.04.640 - Reward 8.04.650 - Remedies not exclusive 8.04.660 - Appeal 8.04.670 - Fee for services 8.04.680 - Street sweeping fee 8.04.690 - Public Nuisance 8.04.700 - Non-liability of the City 8.04.710 - Severability Farmersville, California, Code of Ordinances Page 4 of 41 Title 8 - HEALTH AND SAFETY Chapter 8.04 - INTEGRATED WASTE MANAGEMENT 8.04.010 – TITLE This chapter may be referred to and cited as the “Integrated Waste Management” ordinance of the City of Farmersville. 8.04.020 – FINDINGS A. The City must by law comply with relevant portions of the California Integrated Waste Management Act of 1989 (AB-939) and Jobs and Recycling Act of 2011 (AB-341). These laws require all cities and counties to reduce the amount of waste going to the landfill by fifty (50) percent by the year 2000 and seventy-five (75) percent by the year 2020. B. In some cases, fines of up to ten thousand dollars ($10,000.00) per day may be levied by the state against cities for failure to meet these state- mandated recycling goals. 8.04.030 – PURPOSE AND DECLARATION OF INTENT The purpose and declaration of intent of this chapter is to: A. Establish within the City an orderly program for the collection, transportation and disposal of integrated waste, in order to promote the community’s welfare, convenience, health and safety. The program is intended to accomplish the following: 1. Maintain a safe, controlled and cost efficient program, which serves as a convenience to the community and preserves the public’s health and safety; 2. Comply with California Waste Management laws, i.e.: a. The Integrated Waste Management Act of 1989 (AB-939). b. The California Global Warming Solutions Act of 2006 (AB-32). c. The Alternative Compliance Act of 2008 (SB-1016). d. The Solid Waste: Diversion Act of 2011 (AB-341). 3. Meet or surpass the State of California diversion requirements; 4. Require residential, commercial or industrial and institutional facility customer’s participation in waste diversion to protect the City and taxpayers from state fines of up to ten thousand dollars ($10,000.00) per day for the failure to comply with California waste management laws. B. Execute the program for the collection and management of waste generated by all customers within the City of Farmersville to the maximum extent feasible and as required by state law. Farmersville, California, Code of Ordinances Page 5 of 41 Title 8 - HEALTH AND SAFETY Chapter 8.04 - INTEGRATED WASTE MANAGEMENT 8.04.040 – DEFINITIONS As used in this chapter: “AB-341” means the Solid Waste: Diversion Act of 2011. It establishes a new diversion goal of 75% by the year 2020 and requires mandatory commercial business and multi-family recycling. "AB-939" means the California Integrated Waste Management Act of 1989 (Public Resources Code §§ 40000 et seq.), requiring cities and counties to recycle 50% of solid wastes by the year 2000. "BOTTLES" means and includes containers that hold beverages or food which have necks which are narrower than the rest of the container. It does not include those containers, such as tubs, which have a mouth that is wider than the rest of the container. "BULKY ITEMS" means all discarded household waste matter that is too large to be placed in a toter or dumpster, including, but not limited to, furniture, carpets, mattresses, and similar large items that require special handling due to their size, and which typically will be deposited by customers during “Dump That Junk” community clean-up events. Bulky items do not include hazardous waste. "CARDBOARD" means and includes material primarily used for boxes with a corrugated inner layer. “CITY” means the City of Farmersville "CITY COUNCIL" means the City Council for the City of Farmersville. "COLLECTION” means taking physical possession of and removing discarded material (solid waste, green waste, recycling material and C&D debris) from the place of generation. "COLLECTION CONTAINER" means a roll off bin, dumpster or toter that is provided, designated and serviced by the City or the hauler for the collection of solid waste, green waste, recyclables and C&D debris. "COLLECTOR" means such City staff assigned to, or the waste hauler that has contracted with the City to, collect integrated waste and construction and demolition debris. Farmersville, California, Code of Ordinances Page 6 of 41 Title 8 - HEALTH AND SAFETY Chapter 8.04 - INTEGRATED WASTE MANAGEMENT "COMMERCIAL BUSINESS" means: A. Any entity, proprietorship, firm, partnership, person in representative or fiduciary capacity, association, venture, trust, or corporation that is organized for financial gain or profit, including but not limited to: bars, offices, markets, manufacturing facilities, warehouse and distribution facilities, restaurants and other food establishments, food processing facilities, wholesale and retail sales establishments, institutional facilities, motels and hotels, theaters, medical offices, and gas stations, service stations, sports and recreational facilities, home improvement stores; and B. Not-for profit organizations, including but not limited to, churches, hospitals, and social service organizations. "CONSTRUCTION AND DEMOLITION DEBRIS” (“C&D”) means the debris from used construction materials, dredging, grubbing, and rubble resulting from constructing, remodeling, repair, razing, renovation, demolition, excavation or construction clean-up activities at residential, commercial or governmental buildings, and any other structure or pavement. (see chapter 18.05) "CUSTOMER" means the owner or occupant of real property receiving or required to receive waste collection services under this Chapter. "DISPOSE" means to dump, deposit, discharge, or unload waste either at the location it was generated or at another location, not including temporary storage at the place it was generated. “DIVERSION REQUIREMENT” means the diversion of solid waste from landfill disposal through source reduction, recycling, and composting activities. Percentage requirements are herein established as: A. Fifty percent (50%) diversion by the year 2000 (AB-939) B. Seventy-five percent (75%) diversion by the year 2020 (AB-341) "DUMPING" means to dump or place any waste upon any lot land or street. "DUMP THAT JUNK" means the bi-annual collection event provided to Farmersville customers to dispose of solid waste, green waste, white goods, C&D debris, E-Waste and Universal Waste (which shall not include any hazardous waste items).
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