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AGENDA BILL Agenda Item No. 5(C) Date: December 18, 2012 To: El Cerrito City Council From: Garth Schultz, Environmental Analyst Subject: Ordinance Amending Chapter 8.12 of the El Cerrito Municipal Code ACTION REQUESTED Adopt Ordinance 2012–04 amending El Cerrito Municipal Code (ECMC) Chapter 8.12 – Collection and disposal of waste stream to include provisions for salvage and regulation of certain activities at the El Cerrito Recycling + Environmental Center. BACKGROUND & ANALYSIS The Council adopted first reading of an ordinance amending ECMC Chapter 8.12 on November 20, 2012. During that meeting, staff was asked to seek input from the Environmental Quality Committee (EQC) regarding the draft Rules of Conduct and draft Salvage Permit Application form in order to ensure that the Recycling and Environmental Resource Center (Center) patrons utilizing the site as intended feel welcome and retain the ability to participate in recycling, reuse, reduction, and salvage activities at the Center. Staff gathered input from the EQC on December 11, 2012 and will utilize that input in finalizing the draft Rules and Application form and in ongoing enforcement. Changes to the language of the Ordinance suggested by the Council have been incorporated into the draft Ordinance included with this second reading, and the draft Salvage Application form has been edited to demonstrate that permission for legitimate salvage will be granted or denied at the time the application is received. The form may be changed over time to assure effectiveness while maintaining the goal of providing customer-friendly access to the Center and compliance with the Ordinance. FINANCIAL CONSIDERATIONS There is no direct financial impact of amending the El Cerrito Municipal Code as proposed. If the City Council amends the code and the City Manager directs staff to finalize the Rules and post signs, the costs of producing the signs will be incurred within the Integrated Waste Management Fund budget. There may be a need for a small mid- year adjustment to that budget to account for printing the additional signs. LEGAL CONSIDERATIONS The City Attorney has reviewed this code amendment and found that legal considerations have been addressed. ---PAGE BREAK--- Agenda Item No. S(C) Scott Hanin, City Manager Attachments: 1. Draft Ordinance 2. Draft Rules of Conduct for City Manager approval 3. Draft Salvage Permit application Page2 ---PAGE BREAK--- Agenda Item No. 5(C) Attachment 1 1 ORDINANCE NO. 2012–04 AN ORDINANCE OF THE CITY OF EL CERRITO AMENDING EL CERRITO MUNICIPAL CODE CHAPTER 8.12 – COLLECTION AND DISPOSAL OF WASTE STREAM The City Council of the City of El Cerrito does hereby ordain as follows: SECTION I. Chapter 8.12 is hereby amended with the following additions and deletions to read as follows (additions in underline; deletions in strikethrough): 8.12.020 – Definitions. As used in this chapter: A. "Compost" means the product resulting from the managed and controlled biological decomposition of organic material, which is separated for this purpose from the solid waste stream. B. "Compostable material" means those organic materials of the solid waste stream, which can, through controlled biological decomposition, produce a useable compost product. Compostable materials include but are not limited to food and food scraps, food scrap soiled paper, green waste plant debris, untreated wood, and other items as determined by the city. Compostable materials do not include human or animal waste or fluids or any items that have been in contact with human or animal waste or fluids. C. "Contractors" means such persons, firms or corporations holding a contract with the city for the collection and disposal of garbage, recyclable materials or green waste. D. "Garbage" means those elements of the solid waste stream other than hazardous waste, universal waste, or those materials which have been separated, set aside, handled, packaged or offered for collection separately from other discards for the purpose of recycling, reuse or composting. E. "Hazardous waste" means discarded material or solid waste which exhibits one or more of the following characteristics: ignitability, corrosivity, reactivity, or toxicity, and because of its quantity, concentration, physical, chemical or infectious property may cause a substantial present or potential hazard to human health or the environment. Hazardous waste and low-level radioactive waste are regulated under Chapter 7.5 (commencing with Section 25800) of Division 20 of the State Health and Safety Code and Title 22, Chapter 11 of the State Code of Regulations. ---PAGE BREAK--- Agenda Item No. 5(C) Attachment 1 2 F. "Health officer," unless otherwise described, means the city manager or his or her designee. G. "Recyclable materials" means those discarded materials which, when separated from other discarded materials and properly processed, can be turned into useful products through reprocessing or remanufacturing. Recyclable materials include, but are not limited to, glass, metals, plastic and paper, and other items as determined by the city. H. "Recycle-recycling" means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise be discarded as garbage, and returning them as raw material for new, reused or reconstituted products which meet the quality standards necessary for use in the marketplace. I. "Reuse" occurs when an item of the solid waste stream is reused in its manufactured form without reprocessing. Reusable materials include but are not limited to clothing, indoor and outdoor furnishings, clean fill dirt, architectural detailing, art and art supplies, books and antiques. J “Restricted drop-off items” means those items collected at the El Cerrito Recycling and Environmental Resource Center that, for reasons of safety, health, security, and/or cost-efficiency, are locked, secured, or otherwise made inaccessible to the public without the assistance of city staff. The proper procedure for dropping off restricted items at the Center shall be posted at each restricted drop-off area, and shall instruct patrons how to get staff assistance with those items. K. “Salvage” means the act of accessing and taking those materials from the El Cerrito Recycling and Environmental Resource Center that can be reused or repurposed by individuals while providing equal or greater community and environmental benefits than would be realized if those items were recycled by the city. Salvage also means to access and take such materials. L. “Salvage permit” means a granted exemption to Section 8.12.140B of this code. Salvage permits are subject to the provisions in Section 8.12.140C150. J.M. "Special waste" means materials, whether classified as hazardous or nonhazardous, identified in the solid waste stream, that present a hazard to human health or the environment if not properly handled, or waste that requires unique handling or disposal methods because of its physical characteristics. Special wastes include, but are not limited to, tires, asbestos, grease trap pumpings, incinerator ash, medical waste, sewage sludge, street sweepings, catch basin debris and tires. Medical waste is regulated pursuant to the Medical Waste Management Act, Chapter 6.1 (commencing with Section 25015) of Division 20 of the State Health and Safety Code. ---PAGE BREAK--- Agenda Item No. 5(C) Attachment 1 3 K.N. "Sharps" means any potential biohazard device having acute rigid corners, edges, or protuberances capable of cutting or piercing, such as hypodermic needles, hypodermic needles with syringes, lancets, blades, needles with attached tubing, syringes contaminated with biohazardous waste, acupuncture needles, root canal files, broken glass items such as Pasteur pipettes and blood vials contaminated with biohazardous waste, and any item capable of cutting or piercing that is contaminated with biohazardous waste, and any item capable of cutting or piercing that is contaminated with trauma scene waste. "Sharps" does not mean household disposable razors, box cutting knives, craft tools, or household glass. L.O. "Pharmaceuticals and personal care products means chemical substances, including prescription and over-the-counter therapeutic drugs, fragrances, cosmetics, sunscreen agents, diagnostic agents, nutraceuticals, and biopharmaceuticals. M.P. "Universal wastes" are hazardous wastes, including but are not limited to electronic devices, fluorescent lamps, cathode ray tubes, instruments that contain mercury, batteries, and many other items, as determined by the California Department of Toxic Substance Control pursuant to the California Code of Regulations (Title 22 Universal Waste Rule). 8.12.040 – Unlawful disposal. A. It is unlawful for any person to throw, place, or bury any solid waste or other discarded materials anywhere in the city other than in an authorized container or public receptacle. B. It is illegal to place sharps in solid waste collection containers including recycling, garbage and green waste containers. All sharps must be taken to an appropriate medical waste disposal facility, the El Cerrito Recycling and Environmental Resource Center, or the household hazardous waste facility, if they are accepted there. C. shall not be placed in solid waste containers and must be taken to a household hazardous waste facility or the El Cerrito Recycling and Environmental Resource Center for appropriate disposal. A list of such products shall be available from the household hazardous waste facility for residents. D. The state of California has deemed it illegal to dispose of universal wastes in landfills. Universal wastes must be properly disposed or recycled pursuant to state law. Most Universal wastes are accepted daily at the El Cerrito Recycling and Environmental Resource Center. ---PAGE BREAK--- Agenda Item No. 5(C) Attachment 1 4 E. Special wastes must be handled and disposed of or recycled in a manner that protects human health and the environment and in accordance with all applicable regulations. F. It is unlawful for any person to place or dispose of items at the El Cerrito Recycling and Environmental Resource Center that are not accepted at that facility. Unlawful disposal includes, but is not limited to: placing garbage, compostable material, certain Hazardous wastes, Special wastes, and other items not listed as accepted anywhere in the facility; placing any acceptable items in the incorrect containers; and placing Restricted drop-off items anywhere in the facility without gaining appropriate access for Restricted items. 8.12.140 – Illegal collection of material. A. It is unlawful for any person other than the contractors selected pursuant to Section 8.12.110 to scavenge take materials left on city curbs for collection. B. Except for materials designated by the El Cerrito Recycling and Environmental Resource Center staff as being available for salvage, it is unlawful for any person, other than authorized employees of the city (on city business) or the contractors selected pursuant to Section 8.12.110, to remove recyclable material from the city recycling center any container, patron, contractor, employee, vehicle or area at El Cerrito Recycling and Environmental Resource Center or from public bins designated for the collection of such. C. Any violation of this section is a nuisance per se punishable by fine or imprisonment as specified in Chapter 1.08 of this code. 8.12.150 – Salvage and application for salvage permit. A. The city manager or his or her designee may grant an exemption to Section 8.12.140B to individuals removing certain items collected at the El Cerrito Recycling and Environmental Resource Center for legitimate salvage. Certain categories of items, as designated and specially marked by city staff, may be designated for ongoing salvage and/or reuse available to all patrons without a salvage permit. Salvage of all other categories of materials that are not designated by city staff for ongoing salvage and/or reuse shall require an exemption via a salvage permit application by the individual seeking permission to salvage the materials. Such salvage permit application is subject to the following qualifications: 1. Applicant must demonstrate that the salvaged materials will be legitimately reused or repurposed through, for example: use as-is; repair ---PAGE BREAK--- Agenda Item No. 5(C) Attachment 1 5 and use; use in an art, school, or other project; use as parts; use in collections (e.g. stamps); or other personal uses. 2. Applicant must sign a statement, under penalty of perjury, that no materials taken for salvage will be sold as recyclable materials. 3. Applicant will be subject to any limits on the quantity of salvaged material that may be taken, as determined by the city manager or his or her designee. The city manager or his or her designee may require that applicants salvaging materials above certain limits purchase those materials at fair market value from the city. Applicant must sign a statement, under penalty of perjury, that the applicant will abide by all salvage limits. 4. Applicant must demonstrate that any salvage proposed by applicant does not constitute a nuisance as specified in Chapter 8.34 of the El Cerrito Municipal Code and is not in violation of any other El Cerrito Municipal Code provisions. 5. The mere payment of fees that fund curbside recycling collection, the El Cerrito Recycling and Environmental Resource Center and El Cerrito environmental programs shall not constitute grounds for the granting of an salvage permit. B. The salvage permit application procedure is as follows: a1. Applicants may must supply all required proof of qualifications in writing together with the application submittal. Applicants may be required to provide information in forms provided by the city. Applicants may be required to show proof of information provided on the application form. Salvage activities are subject to inspection prior to approval of a permit. b2. Applicant shall pay an application fee as provided in the city's master fee schedule, if one is established. c3. Applicant may be required to meet with city staff or attend an application hearing as the city manager or his or her designee deems necessary to provide all required information and proof. d4. Upon the determination of the city manager or his or her designee, a written notification of the approval or denial of permit shall be issued to the applicant. e5. A salvage permit may be granted only to an individual. ---PAGE BREAK--- Agenda Item No. 5(C) Attachment 1 6 f6. If the application is denied or permit revoked, the applicant may re-apply following the above process. g7. The city manager or his or her designee may revoke a salvage permit at any time if a nuisance as defined in Chapter 8.34 of the El Cerrito Municipal Code is found to be a result of the salvage and/or if the City determines that any permitted salvage results in volumes that materially impact the City Recycling and Environmental Resource Center operations. C. Permittees shall provide their written approved salvage permit to city staff when engaging in permitted Salvage activities or when the city manager or his or her designee requests verification. C.D. Any violation of this section is a nuisance per se punishable by fine or imprisonment as specified in Chapter 1.08 of this code. 8.12.160 – Activities-Control. Whenever the city manager shall find that the welfare of any person will be best served by restricting the use of any portion of the El Cerrito Recycling and Environmental Resource Center, he or she shall control activities which are deemed to be of a hazardous nature, or of a nature which would endanger property, or which are not in the best interest of the citizens of the city. These activities may include, but are not limited to, restricting the total length of all daily visits to the El Cerrito Recycling and Environmental Resource Center by an individual and limiting the duration of parking at the El Cerrito Recycling and Environmental Resource Center. The city manager shall cause signs or notices to be posted setting forth the controlled activities. 8.12.170 – Activities-Unlawful participation. Any person entering, being or remaining in the El Cerrito Recycling and Environmental Resource Center shall comply with the provisions of this chapter, all other related provisions of this code, and any rules posted by the city manager or his or her designee as provided by Section 8.12.160. SECTION II. This Ordinance shall take effect and be enforced thirty (30) days after the date of its adoption, and prior to the expiration of fifteen (15) days from the passage thereof, the ordinance or a summary thereof shall be posted or published as may be required by law, and thereafter the same shall be in full force and effect. * * * * * * * ---PAGE BREAK--- Agenda Item No. 5(C) Attachment 1 7 The foregoing ordinance was introduced at a regular meeting of the City Council on November 20, 2012, and passed by the following vote: AYES: Councilmembers Benassini, Lyman and Mayor Jones NOES: Councilmember Abelson ABSENT: Councilmember Cheng Adopted and ordered published at a regular meeting of the City Council held on December 18, 2012 and passed by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: Gregory B. Lyman, Mayor ATTEST: Cheryl Morse, City Clerk IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on December 2012. Cheryl Morse, City Clerk 1991836.2 ---PAGE BREAK--- El Cerrito Recycling and Environmental Resource Center Rules of Conduct - DRAFT SUPERVISE your children and leave pets at home NOTIFY STAFF of any issues and call 911 in an emergency NO LOITERING – Limit daily visitation to 2 hours total, maximum NO DUMPING – Place accepted items in designated areas only DO NOT park over 30 minutes at a time within this facility DO NOT get in or move any equipment or enter staff areas DO NOT take items from drop-off areas, other customers, or vehicles without City permission or as designated* * Exchange Zone, Packaging, Bicycle, and Planter Pot areas exempt from this provision * See staff for more details regarding permitted salvage activities DO NOT take more than one file box of books per day from the Exchange Zone Failure to comply with these rules may result in action per ECMC 8.12.040, 8.12.140, 10.60.010, and CPC 602(l). TRESSPASSING & LOITERING PROHIBITED BY LAW AREA UNDER 24 HOUR VIDEO SURVEILLANCE Agenda Item No. 5(C) Attachment 2 ---PAGE BREAK--- City of El Cerrito Recycling + Environmental Resource Center Salvage Permit IApplication The City of El Cerrito recognizes the environmental and community benefit realized by salvage and reuse of appropriate materials that would otherwise be strictly recycled. The City permits salvaging by individuals who wish to salvage certain materials in limited quantities from the Recycling + Environmental Resource Center. Permitted salvage must be for legitimate reuse (not resale) including, but not limited to, art projects, school projects, landscaping projects, building projects, etc. Full details are listed in ECMC 8.12.150 (see back side of this form). Getting a Salvage Permit for legitimate reuse is easy: Applications may be turned in to any staff member during Center operating hours Upon receiving a completed application, City of El Cerrito staff will immediately review the application and determine whether the proposed salvage activities meet the definition of salvage per the ECMC. Applicants will be informed at the time they turn in their completed application form as to whether the permit application has been granted, denied, or held pending further review (rare). Applicants to whom Salvage Permits are granted will immediately be provided with a copy of this form that will need to be presented upon request. Permitted salvagers who take less than (10) pounds of salvage materials per day may collect salvage materials at no cost. The City may sell salvage materials to permitted salvagers who take more than ten (10) pounds per day of salvaged materials (based on market price). Permitted salvagers may choose to make a donation to the City in lieu of purchase. Applicant Information (please fill out completely and legibly): Full Name: Phone Number: Email Address: Photo ID (attach copy if applicable): Home / Business Address: Vehicle Make/Model/Color/Plate Number (if applicable): Description of Salvage Activity: What are you looking to salvage? Why are you looking to salvage those items? Please attach additional information as necessary to fully explain your intent. Salvage Permits are free, may be revoked at any time, and expire one year from date of issuance. Use of the Recycling Center is at your own risk. All items taken are “as-is.” The City is not responsible for any damage or injury caused by items taken for reuse, and persons using the Center agree, as a condition of taking the items, to indemnify the City and hold it harmless from any and all claims of damage related to the items. By signing below you declare under penalty of perjury that all statements contained in this application and any accompanying documents are true and correct, with full knowledge that all statements made in this application are subject to investigation and that any false or dishonest answer to any question may be grounds for denial or subsequent revocation of permit. Signature Date Staff Use Only Reviewed by: Application Granted: Y / N Agenda Item No. 5(C) Attachment 3