AGENDA ITEM NO. 10.3

CITY OF ELK GROVE CITY COUNCIL STAFF REPORT

AGENDA TITLE: Consider an ordinance amending Elk Grove Municipal Code Title 30 related to Solid Management, Sections 30.10.010, 30.40.50, 30.50.070, 30.60.130, and 30.90.080

MEETING DATE: January 9, 2019

PREPARED BY: Christian Punsal, Integrated Waste Coordinator Heather L. Neff, Integrated Waste Manager

DEPARTMENT HEAD: Robert Murdoch, P.E., Public Works Director/ City Engineer

RECOMMENDED ACTION:

Staff recommends the City Council introduce and waive the full reading, by substitution of title only, an ordinance amending Elk Grove Municipal Code (EGMC) Title 30 Solid , Sections 30.10.010, 30.40.050, 30.50.070, 30.60.130, and 30.90.080.

BACKGROUND INFORMATION:

The proposed amendment to EGMC Title 30 addresses a new California law, which requires local governments to divert green material from . Existing law authorizes to be used as an Alternative Daily Cover (ADC) at landfills and exempts green waste from a statewide disposal fee. This exemption encourages the use of green material for ADC instead of other more environmentally friendly uses such as composting.

There are several additional proposed amendments to EGMC Title 30 that constitute related changes, as well as some clarifications and clean-up items. These include minor amendments to the definition of “dispose”, addition of the definition for “compostable materials”, and streamlining administrative processes.

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Finally, while reviewing the Municipal Code, staff noted a requirement that would prohibit businesses from using roll-off containers for solid waste service, which is overly restrictive and could potentially preclude the growth of larger businesses in Elk Grove. As a result, staff is proposing an amendment to allow solid waste service with a roll-off container through the plan check process.

ANALYSIS/DISCUSSION:

The first proposed amendment to EGMC will ensure consistency with Assembly Bill 1594, signed by the Governor in September 2014. This law mandates that as of January 1, 2020, the use of green material (such as grass clippings, twigs, branches, and leaves) as alternative daily cover at landfills will no longer be considered diverted waste and will be considered disposal for purposes of measuring a jurisdiction’s 50 percent per capita disposal rate.

Alternative daily cover (ADC) refers to cover material placed on the surface of the active face of a at the end of each operating day to control vectors, fires, odors, blowing , and scavenging. Currently, jurisdictions and regional agencies receive diversion credit for ADC use, as it is not reported as disposal.

The initial rationale for using green waste as landfill cover was to create an incentive for collecting green waste when markets for green waste composting remained uncertain. However, the composting infrastructure has matured and using green waste as landfill cover threatens growth of this critical industry in California. Composting is considered a critical industry because it helps to reduce greenhouse gas emissions by keeping organic waste out of landfills, which protects air, water and quality.

The amendment prohibiting the use of green waste as ADC is meant primarily to address commercial property as residential green waste has already been addressed within the Franchise Agreement with Republic Services, approved by the City Council in 2017 and effective on July 1, 2018. Currently, nearly all green waste generated by residential properties is being used as soil amendment, although Republic Services is not required to do so until January 1, 2020. The Franchise Agreement allows for a maximum of 30 percent of green waste to be used as ADC until January 1, 2020; to date Republic is averaging approximately two percent. This change was made at no additional cost to the rate payers.

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In addition to the proposed amendment noted above, below is a summary of the additional proposed amendments within Title 30:

• Section 30.10.010 - Definitions: Amendment to the definition of “dispose,” and an addition of the definition “compostable materials” pertaining to ADC. The amendment to the definition of “multifamily property” addresses an inconsistency between Title 23 and Title 30.

• Section 30.40.050 and 30.90.080 – Roll-Off Containers: Currently, nonresidential customers may subscribe to a roll-off container service from an authorized commercial hauler for construction and demolition and clean-up projects. However, the option is not available for businesses that may generate more waste than can be accommodated within front-end loading bins (i.e. dumpsters). As the business community continues to grow, staff recommends making these containers available to business customers subject to zoning clearance/plan check.

• Section 30.50.070 – Vehicle Inspections: The proposed amendment updates the provision relative to vehicle inspections and certifications to be conducted triennially versus annually to improve efficiencies. This change will streamline the hauler registration process and save staff time by eliminating a redundant annual process and transitioning it to a triennial process.

• Section 30.60.130 - Reporting: The proposed amendment updates the provision relative to business and multifamily hauler status reporting to the City to be conducted annually versus quarterly to coincide with the City’s required annual reporting to the California Department of Resource and Recovery (CalRecycle). This is another change that will increase efficiencies for both the haulers and for staff by eliminating unnecessary requirements.

ALTERNATIVE ACTIONS:

The proposed code amendment pertaining to AB 1594 is not optional; the City must meet State requirements to divert green waste from the landfill. Annually, the City is required to report to CalRecycle on its efforts to address these new requirements. Consequently, there is no alternative action for this item.

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The City Council may choose not to allow businesses to subscribe to roll- off container service from an authorized hauler. The alternative is for businesses to continue using front-end loading bins or compactors (for cardboard only) exclusively. This may impact larger businesses, who need higher volume solid waste service, even with more frequent service of the bin.

Regarding streamlining the vehicle inspections and hauler reporting processes, the alternative action would be to continue the programs with no changes, which means continuing to devote staff time to reviewing reports quarterly and reviewing vehicle inspection reports annually. This alternative is not recommended.

FISCAL IMPACT:

There are no anticipated fiscal impacts to the City’s General Fund or the Solid Waste Fund from the recommended action.

ATTACHMENT: 1. Ordinance

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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE AMENDING ELK GROVE MUNICIPAL CODE TITLE 30 SOLID WASTE MANAGEMENT, SECTIONS 30.10.010, 30.40.050, 30.50.070, 30.60.130, AND 30.90.080

WHEREAS, the City of Elk Grove may enact ordinances to preserve and protect public safety, health and welfare; and

WHEREAS, the City is responsible for administering programs related to solid waste generated in the City; and

WHEREAS, the City sets forth the terms and conditions of its solid waste management in the Elk Grove Municipal Code (EGMC) through the adoption of an ordinance duly introduced and codified; and

WHEREAS, the City wishes to clarify definitions and revise reporting requirements for commercial haulers in an effort to improve efficiencies; and

WHEREAS, new State law requires the City to promote, enforce, and comply with recycling requirements and to maximize the use of feasible source reduction, recycling and composting options in order to reduce the amount of solid waste that must be landfilled.

NOW, THEREFORE, the City Council of the City of Elk Grove does ordain as follows:

Section 1: Purpose and Authority

The purpose of this Ordinance is to amend the Elk Grove Municipal Code Title 30 regarding solid waste management. Under California Constitution Article XI, Section 7, the City of Elk Grove may enact ordinances to preserve and protect public safety, health and welfare.

Section 2: Action – Amendments to EGMC Chapter 30.10.

Note: Proposed deletions are shown with strikethrough, proposed additions are shown with bold and underline, unchanged subsections in a section are designated with asterisks (***), and notes are displayed in italics.

A. The following definition shall be added to EGMC Section 30.10.010.C as follows:

“Compostable materials” means tree trimmings, grass cuttings, dead plants, leaves, branches and dead trees, food and any other organic material that when accumulated will become active and that are separated, set aside, handled, packaged or offered for collection by the waste generator in a manner different from solid waste.

5 B. EGMC Section 30.10.010.D.5 shall be amended to read as follows:

5. “Dispose” or “disposal” means disposal as defined in California Public Resources Code Section 40192(b), and as may be amended from time to time. the management of solid waste through landfill disposal or transformation, at a permitted solid waste facility. Disposal does not include the use of compostable materials as alternative daily cover (ADC). Commencing January 1, 2020, ADC use shall no longer be considered as compostable materials for diversion credits.

C. EGMC Section 30.10.010.M.3 shall be amended to read as follows:

3. “Multifamily property”, for purposes of EGMC Title 30 only, means any multifamily dwelling building or group of buildings that contain five (5) or more individual dwelling units located on a single tax lot regardless of service level. Multifamily complexes include, but are not limited to, apartment complexes, mobile home parks, senior housing/care facilities, and condominium complexes.

Section 3: Action – Amendments to Chapter 30.40:

A. EGMC Section 30.40.050.F shall be amended to read as follows:

F. Roll-Off Containers. Nonresidential customers may (1) subscribe to roll-off container service from an authorized commercial hauler for a maximum of seven (7) days without a building permit, or (2) subscribe to permanent roll-off container service provided such use complies with the Zoning Code, has been approved pursuant to EGMC 23.16.020, and the roll-off container is serviced, at a minimum, every fourteen (14) days. For nonresidential customers who possess When there is a valid building permit, the roll-off container shall be serviced, at a minimum, every fourteen (14) days.

Section 4: Action – Amendments to EGMC Chapter 30.50:

Identified sections of EGMC Chapter 30.50.070 shall be amended to read as follows:

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B. Vehicle Inspections. Commencing on January 1, 2020, All all registered or franchised haulers shall submit triennially annually a vehicle inventory that lists (on a form provided by the City) all vehicles to be used within City limits. All registered or franchised haulers shall also submit triennially annually a vehicle inspection report for all vehicles to be used by the hauler. This requirement can be met by submitting a current vehicle inspection report from Sacramento County’s Environmental Management Department (EMD) or the California Highway Patrol (Department of Transportation BIT inspection). All vehicles and containers used in the collection, removal, transportation or storage of commercial solid waste in the City shall be subject to inspection by the City for the purposes of determining whether or not the vehicles and containers comply with 14 CCR 17341 through 17345, and as may be amended.

6 C. Inspection Certification. Each registered or franchised commercial hauler will be issued a vehicle sticker triennially annually for each inspected vehicle. The City’s vehicle sticker is evidence that the vehicle passed an annual a triennial inspection and that the hauler was authorized as a registered or franchised commercial hauler. Stickers will be mailed to each authorized hauler with specific instructions for displaying it on the vehicle. It is unlawful for any vehicle not clearly displaying a current sticker to collect commercial solid waste in the City.

D. Vehicle Exchange. If at any point during the triennial inspection cycle, a commercial hauler places a new vehicle into service in the City or replaces an existing vehicle, that commercial hauler shall notify the City in writing within 30 days of placing the new vehicle into service. The new vehicle shall be placed on the same triennial inspection schedule as all other vehicles and shall be subject to the provisions of Section 30.50.060 and 30.50.070.

Section 5: Action – Amendments to EGMC Chapter 30.60:

Identified sections of EGMC Section 30.60.130 shall be amended to read as follows:

A. Reporting by registered or franchised commercial haulers shall occur on a quarterly an annual basis or as requested by the City Manager or designee. Registered or franchised commercial haulers shall provide quarterly annual reports on February 1st of each year the first (1st) day of the second (2nd) month following the close of each quarter. Reports shall include the following information: include, at a minimum, the following information:

1. Identify the number of covered generators that: a. Are in compliance with this Chapter; b. Not in compliance with this Chapter; c. Subscribe to recycling service; d. Do not subscribe to a recycling service; e. Completed a recycling plan; and f. Have not completed a recycling plan. 2. The total weekly yardage of solid waste collection service and designated recyclable materials collection service provided to covered generators during the reporting period.

1. The total number of covered generators in the City that are in compliance with this chapter and for which a completed recycling plan is on file;

2. The total number of covered generators that are customers of the registered or franchised commercial hauler in the City;

3. The total number of covered generators that have completed a recycling plan but remain in violation of this chapter for any reason; and

4. The total weekly yardage of solid waste collection service and designated recyclable materials collection service provided to covered generators during the reporting period.

7 B. If the quarterly annual report is not filed by the due dates above, the report shall be deemed delinquent and the registered or franchised commercial hauler shall pay to the City a delinquent report charge in amounts set by resolution of the City Council.

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Section 6: Action – Amendments to Chapter 30.90:

EGMC Chapter 30.90.080.A.4 shall be amended to read as follows:

4. Roll-off containers may be placed at a residence or business by an authorized commercial hauler for a maximum of seven (7) days without a building permit, or nonresidential customers may subscribe to permanent roll-off container service provided such use complies with the Zoning Code, has been approved pursuant to EGMC 23.16.020, and the roll-off container is serviced, at a minimum, every fourteen (14) days. For nonresidential customers who possess When there is a valid building permit, the roll-off container shall be serviced, at a minimum, every fourteen (14) days.

Section 7: No Mandatory Duty of Care.

This ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons and property within or without the City, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

Section 8: Severability.

If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced.

Section 9: Savings Clause

The provisions of this ordinance shall not affect or impair an act done or right vested or approved or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take affect; but every such act done, or right vested or accrued, or proceeding, suit or prosecution shall remain in full force and affect to all intents and purposes as if such ordinance or part thereof so repealed had remained in force. No offense committed and no liability, penalty or forfeiture, either civilly or criminally incurred prior to the time when any such ordinance or part thereof shall be repealed or altered by said Code shall be discharged or affected by such repeal or alteration; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures shall be instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered.

8 Section 10: Effective Date and Publication

This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council and a certified copy shall be posted in the office of the City Clerk, pursuant to GC 36933(c)(1).

INTRODUCED: ADOPTED: EFFECTIVE:

STEVE LY, MAYOR of the CITY OF ELK GROVE

ATTEST: APPROVED AS TO FORM:

JASON LINDGREN, CITY CLERK JONATHAN P. HOBBS, CITY ATTORNEY

Date Signed: ______

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