Arcadia Municipal Code Part 3 Commercial and Industrial Recycling

Any recycling company or waste hauler as permitted pursuant to Article VI, Chapter 4, Part 3, Division 4 of the Arcadia Municipal Code shall:

(a) Work with customers in the City to recycle and educate customers about the need to recycle and inform all applicable customers of their obligation to recycle pursuant to Public Resources Code Section 42649.2 and other applicable law, including SB 1383. Within ninety (90) days of the issuance of the hauler's business license, the hauler shall submit to the Public Works Services Director a strategy and methodology for increasing diversion and recycling within the City, which includes a discussion of how the hauler will ensure applicable customers are aware of their obligation to recycle pursuant to applicable law;

(b) Achieve annual diversion rates, as provided under applicable state law, for all commercial solid waste as defined in the City's Source Reduction and Recycling Element including, but not limited to, varieties of paper, plastics, glass, as well as wood, yard and other greenwaste, manure, organic waste, and construction and demolition debris, collected or removed within the City;

(c) Report to the City all materials considered diverted or recycled resulting in source reduction, recycling, composting and/or transformation from the commercial and industrial solid waste stream by using the diversion formula set forth in Section 5130.1(d);

(d) In calculating the annual diversion rate achieved, each hauler shall utilize the following formula and definitions incorporated by reference from Title 14, California Code of Regulations, Article 6.1 Solid Waste Generation Study, Section 18722 et seq. The following equation defines the "Integrated Waste Management (AB 939) Generation-Based Diversion Quantification Methodology":

A hauler may only claim diversion tonnages resulting from source reduction, recycling, composting, and transformation activities. Diversion shall be quantified on an "avoided disposal" basis. The overall calculated annual diversion tonnage to be reported to the City by a hauler may include a combination of the diversion quantities achieved by the customers serviced by the hauler, and the tonnage diverted by the hauler. Diversion quantities achieved by a customer may include those resulting from the customer's internal source reduction practices, and may further include recycling tonnage given to an independent third party recycler. Diversion quantities and practices shall be subject to audit by an independent third party approved by the Public Works Services Director, at the cost and expense of the hauler.

A hauler may petition the City to use a different calculation methodology to determine diversion tonnage upon showing, based upon substantial evidence, that the above methodology cannot be accomplished due to lack of available data, or other circumstances. The approval of the City's Public Works Services Director shall be required for any alternative method of calculation.

(e) A hauler that does not achieve at least an annual 50% diversion rate may petition the City for continuation of its commercial solid waste permit if the hauler provides to the Public Works Services Director substantial evidence, in a form and content deemed satisfactory by the Public Works Services Director, that shows 1) the disposed solid waste does not consist of readily recyclable materials, or 2) refusal by the hauler's customers to cooperate in recycling programs, including identifying which customers are required to recycle pursuant to Public Resources Code Section 42649.2 and other applicable law and refuse to do so, or 3) the cost of recycling is unreasonably prohibitive, or 4) other reasons for failure to achieve at least an annual 50% diversion rate (e.g., space limitations, refusal by business to report internal business recycling, etc.), and by demonstrating "good faith" in implementing other waste reduction and recycling programs. The City's Public Works Services Director may approve the continuation of the permit if the Director finds that there is a reasonable basis for doing so, and that the hauler has demonstrated "good faith" in implementing other waste reduction and recycling programs. The City may require an alternative annual diversion goal and impose additional conditions for the continuation of the commercial solid waste permit.

A hauler can demonstrate "good faith" waste reduction and recycling programs by 1) providing documentation of other program(s) that the hauler is implementing, and/or 2) participating in cooperative waste reduction and recycling programs with the City.

(f) Comply with all relevant provisions of Part 4.

(g) Each permitted commercial hauler servicing an entity shall provide a recycling container for the customer's source separated recyclables at no additional charge to the commercial customer upon request of the commercial customer and in compliance with Part 4.

(Ord. No. 2383, § 1(Exh. A), 11-2-21)

Any recycling company or waste hauler removing recyclable material from the waste stream shall report such diversions to the City, and indicate the type and amount of material diverted on a form approved by the City within thirty (30) days after the end of the reporting month. All reports shall include any information and reporting required in Part 4.

(Ord. No. 2383, § 1(Exh. A), 11-2-21)

The hauler's records related to recycling and diversion may at any time be audited by the City or its appointed representative to verify the accuracy of all records and reports made to the City. The City Council may by resolution adopt such administrative procedures as necessary detailing the auditing procedure and costs of such audits. The hauler shall pay to the City the cost of the audit.

(Ord. No. 2383, § 1(Exh. A), 11-2-21)

If a commercial hauler fails to reach the diversion rates as specified by Section 5130.1(c), then the City shall, consistent with Arcadia Municipal Code Section 6216.7, consider action to suspend or revoke the applicable business license permit or direct nonrenewal of the permit and/or application, or direct the imposition of civil penalties and fines pursuant to a duly promulgated ordinance to implement the provisions of this Part 3 of the Code.

(Ord. No. 2383, § 1(Exh. A), 11-2-21)

The City shall provide outreach and education to commercial customers required to obtain recycling service by Public Resources Code Section 42649.2 and other applicable law, including SB 1383. The City shall monitor compliance with mandatory state recycling requirements and shall endeavor to inform affected customers. The City's failure to inform an affected customer is no defense to an action brought by the State, City or other regulatory authority for failing to comply with mandatory state recycling requirements.

(Ord. No. 2383, § 1(Exh. A), 11-2-21)