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HomeMy WebLinkAboutOrdinance 1696 (Household Hazardous Waste Fees)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1696 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADDING CHAPTERS 9.22 AND 9.23 TO THE SAN RAFAEL MUNICIPAL CODE, ADOPTING REGULATORY FEES TO FUND HOUSEHOLD HAZARDOUS WASTE AND CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR WASTE ACTIVITIES DISTRICT" is a true and correct copy of an ordinance of said City and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 6th day of MAY, 1996, published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael and passed and adopted as an ordinance of said City at a REGULAR meeting of the City Council of said City held on the 20th day of MAY, 1996, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 29th day of MAY, 1996. JEANNE M. LEONCINI, City Clerk �l C J - BY : PAT ICIA J. ROBES, Deputy Cit erk ORDINANCE NO. 1696 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADDING CHAPTERS 9.22 AND 9.23 TO THE SAN RAFAEL MUNICIPAL CODE, ADOPTING REGU- LATORY FEES TO FUND HOUSEHOLD HAZARDOUS WASTE AND CONDITIONALLY EXEMPT SMALL QUANTITY GENER- ATOR WASTE ACTIVITIES WHEREAS, the City Council by Resolution No. 8623 on March 2, 1992, adopted a household hazardous waste (HHW) element as part of the countywide integrated waste management plan, which household hazardous waste element contemplated establishment of a permanent household hazardous waste collection facility by the year 1995; WHEREAS, the City sought and received, in October 1994, from the California Department of Toxic Substances Control, authoriza- tion to establish a household hazardous waste collection facility and a conditionally exempt small quantity generator waste collec- tion facility, located at 565 Jacoby Street, in San Rafael, to be operated by Marin Recycling & Resource Recovery Association, a California corporation, under a contract with the City; WHEREAS, the City Council on September 5, 1995, pursuant to Resolution No. 9448, approved and entered into a Hazardous Waste Collection Program Agreement, dated September 14, 1995, with Marin Recycling & Resource Recovery Association, for the establishment and operation of a permanent household hazardous waste collection site and a conditionally exempt small quantity generator waste collection site at 565 Jacoby Street, in San Rafael; WHEREAS, the foregoing Hazardous Waste Collection Program Agreement provides for the Marin Recycling & Resource Recovery Association to assume the cost of the household hazardous waste collection program and to conditionally exempt small quantity generator program until such time as the parties reached a mutual agreement upon the payment of fees to Marin Recycling & Resource Recovery Association; WHEREAS, Marin Recycling & Resource Recovery Association has assumed the cost of operating the City's household hazardous waste collection program since its inception in November 1995, has deferred commencement of the conditionally exempt small quantity 1 generator program, and has indicated it cannot continue to operate the household hazardous waste program beyond July 1, 1996, or commence operation of the conditionally exempt small quantity generator program without the receipt of fees to cover the program costs; WHEREAS, the City of San Rafael desires to continue the household hazardous waste collection facility, and initiate the conditionally exempt small quantity generator facility, at a location at 565 Jacoby Street, operated by Marin Recycling & Resource Recovery Association, in order to reduce illegal dumping of household hazardous waste on properties within the City and in the City's refuse collections, and to reduce the health, safety, and fire risks associated with the retention of such household hazardous waste in residential households within the City; WHEREAS, the City Council finds and declares that all properties used and occupied for residential purposes within the City generate household hazardous waste, are being and will be served by and benefitted from the City's household hazardous waste collection facility; WHEREAS, the City Council finds and declares that the local commercial sources of conditionally exempt small quantity generator waste, which will bring such waste to the City's conditionally exempt small quantity generator waste collection facility, will be served by and benefitted from such facility; WHEREAS, each owner and occupant of residential premises within the City, subject to service by the City's authorized refuse and recycling agent, will be assessed regulatory fees to cover the cost of the City's household hazardous waste collection facility program; WHEREAS, the regulatory fees imposed upon the owners and occupants of residential premises by this Ordinance will be used solely for paying the operating expenses related to the operation of the City's household hazardous waste collection facility program by, and for no unrelated purposes; WHEREAS, the commercial sources of conditionally exempt small 2 quantity waste, which bring such waste to the City's conditionally exempt small quantity generator facility, will be charged regulato- ry fees solely to cover the cost of the City's conditionally exempt small quantity generator waste program; WHEREAS, the City Council finds and declares that the provisions of this Ordinance are for the purpose of establishment of regulatory fees to pay the operating expenses related to operation of the City's household hazardous waste collection facility program, and the City's conditionally exempt small quantity generator program, which action is statutorily exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(8), and CEQA Guidelines (Title 14, California Code of Regulations, Section 15273; and WHEREAS, this Ordinance has been duly processed with proper public notice, public hearings, and applicable environmental review. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1: Chapter 9.22, entitled "REGULATORY FEES FOR HOUSEHOLD HAZARDOUS WASTE ACTIVITIES" is hereby adopted and added to Title 9 of the Municipal Code of the City of San Rafael, to read as follows: CHAPTER 9.22 REGULATORY FEES FOR HOUSEHOLD HAZARDOUS WASTE ACTIVITIES sections: 9.22.010 -- Title. 9.22.020 -- Purpose and Intent. 9.22.030 -- Establishment of Regulatory Fees for Household Hazardous Waste Activities. 9.22.040 -- Collection of Regulatory Fees; Penalties. 9.22.045 -- Acceptance of Household Hazardous Waste Limit- ed to City of San Rafael Residents or Resi- dents of Jurisdictions Having Contracts with City. 9.22.050 -- Violation; Penalty. K 9.22.060 -- Delinquent Fees as Debt to City. 9.22.100 -- Civil Remedies. Section 9.22.010 -- Title. This Chapter shall be known as the "City of San Rafael Household Hazardous Waste Regulatory Fees Ordinance" and may be so cited. Section 9.22.020 -- Purpose and Intent. The purpose of this Chapter is to ensure the future health, safety, and general welfare of the citizens of the City of San Rafael by establishing a funding source to pay for the operating expenses of the City's household hazardous waste collection facility for receipt and disposition of household hazardous waste generated by residential households located within the City of San Rafael. By establishing fees to fund the City's permanent household hazardous waste collection facility, the intent of this Chapter is to regulate the illegal and improper disposition and retention of household hazardous waste by residential households within the City of San Rafael. Section 9.22.030 -- Establishment of Reaulatory Fees for Household Hazardous Waste Activities. Every person, corporation or other entity owning or occupying residential premises within the City of San Rafael, and subject to service by the City's authorized refuse and recycling agent pursuant to Chapter 9.19 of the Municipal Code, shall pay to the City of San Rafael, or the City's designee, a regulatory fee to be established periodically by City Council Resolution, to cover the operating expenses of the City's permanent household hazardous waste collection facility, including any City staff and overhead expenses attributable to such facility, and an amount sufficient to fund an account dedicated to closure costs for such facility. In establishing the regulatory fee, the City may adopt rates which apportion the approved budget for operating expenses and closure costs for the City household hazardous waste collection program according to the number and type of residential dwelling units in 4 the City, and other relevant criteria. Section 9.22.040 -- Collection of Reaulatory Fees; Penalties. The City Manager is authorized to have the regulatory fees billed and collected by the City's refuse and recycling agent, pursuant to agreement between the City and such agent, in conjunc- tion with such agent's bills for refuse and recycling charges. Any such agreement between the City and such agent may provide that the fees be collected and remitted by the agent to the City, or collected and remitted by the agent to the City's contractor operating the household hazardous waste collection facility. Any fees billed shall be due and payable on or before thirty (30) days from the date of billing, and the delinquent payment of such fees shall incur a late payment fee to cover administrative expenses, which shall be set from time to time by City Council Resolution. Section 9.22.045 -- Acceptance of Household Hazardous Waste Limit- ed to Citv of San Rafael Residents or Resi- dents of Jurisdictions Havina Contracts with Citv. Household hazardous waste will be accepted at the City's facility only from individuals who qualify as generators of household hazardous waste, who are residents of the City of San Rafael, or who are residents of jurisdictions having contracts with the City of San Rafael providing for payment for disposal of such waste at the city's facility and indemnification of the City with respect to the collection and disposition of such waste. As a condition of receiving household hazardous waste, the City or the City's contractor operating the facility, shall require the individuals delivering such waste to the facility to provide adequate proof and certification as to the nature and origin of the waste which qualifies such waste for acceptance by the facility. Section 9.22.050 -- Violation: Penaltv. It is unlawful for any person to refuse or fail to pay the fees established by this Chapter, or to falsify the nature or the origin of waste delivered to City's household hazardous waste collection facility. Any person violating this Chapter shall be subject to the penalty for violations as provided in San Rafael Municipal Code Section 2.37.010. 5 Section 9.22.060 -- Delincruent Fees as Debt to Citv. The amount of any delinquent regulatory fees and penalties imposed under the provisions of this Chapter, shall be deemed a debt owed to the City of San Rafael. Section 9.22.100 -- Civil Remedies. The City may seek legal, injunctive, or other equitable relief to enforce this Chapter. In any such action, the City shall be entitled to reasonable attorney's fees and costs. The remedies established by this Chapter are cumulative and in addition to any other remedies available to the City for the collection of the fees imposed by this Chapter. DIVISION 2: Chapter 9.23, entitled "REGULATORY FEES FOR CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR WASTE ACTIVITIES" is hereby adopted and added to Title 9 of the Municipal Code of the City of San Rafael, to read as follows: CHAPTER 9.23 REGULATORY FEES FOR CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR WASTE ACTIVITIES sections: 9.23.010 -- Title. 9.23.020 -- Purpose and Intent. 9.23.030 -- Establishment of Regulatory Fees for Condi- tionally Exempt Small Quantity Generator Waste. 9.23.040 -- Acceptance of Conditionally Exempt Small Quantity Generator Waste Limited to Commercial Entities Located Within City or in Jurisdic- tions Having Contracts with City. 9.23.050 -- Violation; Penalty. Section 9.23.010 -- Title. This Chapter shall be known as the "City of San Rafael Conditionally Exempt Small Quantity Generator Waste Regulatory Fees Ordinance" and may be so cited. Section 9.23.020 -- Purpose and Intent. The purpose of this Chapter is to ensure the future health, safety, and general welfare of the City of San Rafael by establish - 0 ing a funding source to pay for the operating expenses of the City's conditionally exempt small quantity generator waste collection facility for receipt and disposition of so-called conditionally exempt small quantity generator waste generated and brought to the facility by commercial sources. By establishing fees to fund the City's conditionally exempt small quantity generator waste collection facility, the intent of this Chapter is to regulate the illegal and improper disposition and disposition of conditionally exempt small quantity generator waste generated by commercial sources located within the City or in neighboring areas that could impact the City. Section 9.23.030 -- Establishment of Reaulatory Fees for Condi- tionally Exembt Small Ouantitv Generator Waste. Every person, corporation or other entity which generates conditionally exempt small quantity generator waste, who brings such waste to the City's conditionally exempt small quantity generator waste collection facility, shall pay a regulatory fee to the City of San Rafael, or to the City's contractor operating such facility. The rates for such fees shall be established periodically by City Council Resolution, to cover the operating expenses of the such facility and any City of San Rafael staff and overhead expenses attributable to such facility. In calculating such regulatory fee, the City may apportion the approved budget for operating expenses according to the anticipated number of deliver- ies, the type, and quantity of such waste, and other relevant criteria. Section 9.23.040 -- Acceptance of Conditionallv Exempt Small Ouantitv Generator Waste Limited to Commercial Entities Located Within Citv or in Jurisdic- tions Havina Contracts with Citv. Conditionally exempt small quantity generator waste will be accepted at the City's facility only from businesses that qualify as conditionally exempt small quantity generator waste sources which are located within the City of San Rafael, or which are located within jurisdictions having contracts with the City of San Rafael providing for payment of the City's related administration expenses to the extent not covered by the regulatory fee, and 7 indemnification of the City with respect to the collection and disposition of such waste. As a condition of receiving conditionally exempt small quantity generator waste, the City or the City's contractor operating the facility, shall require the individuals delivering such waste to the facility to provide adequate proof and certifica- tion as to the nature and origin of the waste which qualifies such waste for acceptance by the facility, to execute any appropriate releases and indemnifications, and to pay the required regulatory fee. Section 9.23.050 -- Violation; Penaltv. It is unlawful for any person to falsify the nature or the origin of waste delivered to the City's conditionally exempt small quantity generator waste collection facility. Any person violating this Chapter shall be subject to the penalty for violations as provided in San Rafael Municipal Code Section 2.37.010. DIVISION 3: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordi- nance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 4: This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. Attest: JE M. LEONCINI, City Clerk 0 A BERT J. �1RO, Mayor The foregoing Ordinance No. 1696 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 6th day of MAY , 1996, and ordered passed to print by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 20th day of MAY , 1996. `� JE M. LEONCI I, City Clerk (Revised 4-30-96)