Item 10 Visual Slideshow provided by Staff at MeetingOrdinance Amending the Poway Municipal Code Regarding Solid Waste CollectionSeptember 15, 20201
•June 2, 2020 – Council approved trash and recycling rates for FY 2020‐21 •Rates included an organics recycling fee to be implemented in early 2021 to comply with SB 1383.•Includes implementation of automated collection for residential yard waste. •Service collection updates require amendments to PMC 8.68 (Solid Waste Management).Background2
Ordinance Amendment Overview•Section 8.68.130 (Residential): •Codifies automated collection for yard waste or other compostables and requires the use of standardized containers for yard waste collection. •Section 8.68.145 (Residential):•Removes the responsibility of the Franchisee to replace customer owned residential containers damaged during collection operations and includes yard waste containers as being owned by the Franchisee. •8.68.155 (Commercial):•Adds compostables to the waste stream being collected by the Franchisee. •8.68.170 (Commercial):•Adds “containers” as a storage collection category provided by the Franchisee.3
Franchisee shall provide residential customers appropriate containers for automated collection ofsolid waste, and recyclables, and yard waste or othercompostables. At least Ttwo variable containersizes shall be made available to residential customers for the storage and collection of solid waste. Noother type of container may be utilized for collection at residential premises designated to receivecurbside service by the City’s exclusive franchise agreement.Until implementation of any automated service program for the collection of yard waste or othercompostables as may be later directed, the standard size container for residential yard wastecollection services shall not exceed a standard 32‐gallon container or 50 pounds, unless otherwiseagreed to by the City Council. The combined weight of the container and contents shall not exceed 50pounds unless the container is designed and franchisee equipped for mechanical lifting. Franchiseeshall affix to every metal or plastic waste container which no longer holds yard waste or othercompostables without spilling or leaking, a bilingual, Spanish/English red tag advising that such acontainer is unsuitable for presenting yard waste or other compostables for collection and thecontinued use of that container will result in its disposal.If solid waste placed for curbside residential collection are not collected, the person who placed thesolid waste materials is entitled to receive a bilingual, English/Spanish red tag explaining theFranchisee’s inability to collect and dispose of the materials, whether due to unauthorized container,improper placement of the container, contamination by nonrecyclable materials, or other reason.8.68.130 Residential Collection ‐Containers4
D. Repair and Replacement. Each owner or occupant of residential premises shall provide reasonablesupervision over the containers for yard waste and other compostables on the premises and shallmaintain the same in a sanitary condition. Franchisee shall repair or replace all customer‐ownedresidential containers damaged by collection operations, normal wear and tear excluded. Franchiseeshall retain ownership of automated containers provided to residents for the purpose of storing solidwaste, and recyclables, yard waste or other compostables. Franchisee shall replace and/or repairdamaged automated containers during the term of the franchise agreement. If the containers orreceptacles should not be emptied and the contents removed on the date and time scheduled by thefranchisee, occupant shall immediately notify thefranchisee and it shall be the duty of the franchiseeto forthwith arrange for the collection and disposal of the solid waste, yard waste, and othercompostables, and/or collection of recyclables. However, should the owner or occupant fail to placethe materials at the designated location in time for regular collection, the franchisee is not obligatedto make a special, separate collection for the convenience of the occupant and may require paymentof an additional fee for such late collection. (Ord. 592 § 2, 2004; Ord. 448 § 2, 1995)8.68.145 Residential Collection –Placement of Containersfor Collection5
8.68.155 Commercial Collection Services ‐FrequencyFranchisee shall collect and deliver to the appropriate solid waste management facility all solid waste,recyclables, yard waste, and other compostables generated by customers at commercial premiseswithin the City who have contracted for services and delivered their materials to a bin or otherwiseproperly placed for collection; service shall be provided not less than once per week.Franchisee may subcontract with commercial firms (subcontractors) to collect and dispose of wastematerials which franchisee is not licensed to remove and which present specialized problems. Suchcollections shall be performed with suitably licensed collection/disposal firms in accordance withPMC 8.68.350.Service to commercial customers shall include providing suitable bins for the collection and disposalof general refuse according to a frequency as individually contracted by the customer. This serviceshall also include collection and recycling of compostables, green waste, aluminum, newspaper, glass,plastic, metal cans, cardboard, mixed paper, and office ledger paper. The City may, at its discretion,add other materials to be recycled during the term of the franchise agreement. The franchisee shallprovide consultative services, at no additionalcharge, to commercial, industrial and multifamily(central collection bins) customers to assist in setting up effective recycling and waste minimizationprograms.6
Franchisee shall provide containers, bins, and debris boxes for storage of solid waste which shall bedesigned and constructed to be watertight and prevent the leakage of liquids. All containers with acapacity of one cubic yard or more shall meet applicable Federal regulations on solid waste bin safety.All containers shall be painted the franchisee’s standard color and shall prominently display the nameand telephone number of the franchisee in letters and numbers no less than two and one‐half incheshigh. Similarly, the words “Serving the City of Poway” shall be displayed beneath the franchisee’sname. Franchisee shall not place the City’s logo on its containers. To attain certain economies, somecustomers may request specialized services such as compactors, roll‐off, or custom‐built containers,etc. The sale, lease, rental of such equipment, or their provision by the customer, may be negotiatedby the latter and the franchisee. Information relating to any such agreements shall be forwarded tothe Director of Public Works.A. Cleaning, Painting, Maintenance. Once every 12 months franchisee shall replace, clean or repaintall commercial containers as needed so as to present a clean appearance. In addition, franchisee shalldo the same upon 48 hours’ oral notice by the Director of Public Works. Franchisee shall maintain allcontainers in a functional condition and shall remove graffiti immediately.B. Repair and Replacement. Franchisee shall repair or replace all customer‐owned nonresidentialcontainers damaged by collection operations, normal wear and tear excluded.8.68.170 Commercial Collection – Solid Waste Containers7
Staff RecommendationIt is recommended that the City Council introduce the Ordinance for firstreading by title only, waive further reading and schedule the adoption ofthe Ordinance for October 6, 2020.“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY,CALIFORNIA, AMENDING SECTIONS 8.68.130, 8.68.145,8.68.155, AND 8.68.170 OF CHAPTER 8.68 (SOLID WASTEMANAGEMENT) OF THE POWAY MUNICIPAL CODE”8
Questions/Discussion9