Berkeley Municipal Code Ch. 3.40 Zero Waste Commission

*For refuse disposal generally, see Ch. 12.32 of this code.

A Zero Waste Commission is established. The commission shall consist of nine members. Appointments to the commission shall be made by councilmembers and vacancies on the commission shall be filled by councilmembers in accordance with the provisions of Sections 2.04.030 through 2.04.130, enacted as Ordinance 4780-NS by the voters of the City. (Ord. 6904-NS § 2 (part), 2006; Ord. 4799-NS § 1 (part), 1975; Ord. 4576-NS § 1, 1972)

A. Zero Waste. Zero waste means establishing a system in which waste is minimized, and each discard becomes a useful feedstock for other processes in the ecology and economy. Zero waste practices include but are not limited to reducing the waste generated in ordinary commerce, promoting use of sustainable, non-toxic materials and processes in manufacturing, purchasing recycled content materials and establishing systems for collection and processing of discards to promote sustainable use.

B. The term "Solid Waste Management Commission" as used elsewhere in this Berkeley Municipal Code, including Berkeley Municipal Code Sections 2.04.040 and 12.38.060, shall mean Zero Waste Commission.

C. Highest and Best Use. Recovering materials for "highest and best use" means to realize the highest value of the embodied energy and materials from discarded products and packaging, according to the following hierarchy:

1. Reuse.

(a) Reuse of the product for its original purpose.

(b) Reuse of the product for an alternate purpose.

(c) Reuse of its parts.

(d) Reuse of the materials.

2. Recycle.

(a) Recycling of inorganic materials in closed loop systems.

(b) Recycling of inorganic materials in single-use applications.

(c) Composting or mulching of organic materials to sustain soils and avoid use of chemical fertilizers.

(d) Composting or mulching of organic materials to reduce erosion and litter, and to retain moisture.

Determination of highest and best use requires an ongoing re-evaluation of commodity value in the marketplace, cost of collection, processing and marketing; and other outside factors that may bear on the ultimate economic return. The determination of highest and best use includes consideration of the full range of costs including environmental and health aspects. (Ord. 6904-NS § 3 (part), 2006)

The City Council shall appoint one of its members to act as a liaison representative to the commission. The functions of such liaison representative are:

A. To attend the meetings of the commission;

B. To advise the council of the background, attitudes and reasons behind decisions and recommendations of said commission; and

C. On request of any member of the commission, to advise the commission of policies, procedures and decisions of the council that may bear on matters under discussion by the commission. The council liaison representative shall have no power to vote and shall receive no additional compensation. (Ord. 4576-NS § 6, 1972)

Subject to the approval of the council in each case, the commission may designate one of its members to act as a liaison representative to any other board, commission or committee of the City. The functions of such liaison representatives are:

A. To attend meetings of such other board, commission or committee;

B. Advise this commission of the background, attitudes and reasons behind the actions of such other board, commission or committee; and

C. On request of any member of such other board, commission or committee, to advise such other board, commission or committee of policy, procedures and decisions of this commission that may bear upon matters under discussion by such other board, commission or committee. Such liaison representative shall have no power to vote. (Ord. 4576-NS § 7, 1972)

A. The commission shall elect one of its members president and one of its members vice-president.

B. An officer or employee of the City designated by the City Manager shall serve as secretary of the commission.

C. The commission shall establish a regular place and time for meeting. All meetings shall be noticed as required by law and shall be scheduled in a way to allow for maximum input from the public. The frequency of meetings shall be as determined by City Council resolution. The scheduling of special meetings in addition to those established by City Council resolution, except special meetings that take the place of cancelled regular meetings, shall be subject to approval by the City Council. A request for a special meeting shall include the reason for the proposed meeting and should be expedited on the City Council’ s agenda, or in the alternative, placed before the Agenda Committee for approval.

D. The commission may make and alter rules governing this organization and procedures which are not inconsistent with this chapter or any other applicable ordinance of the City.

E. A majority of the members appointed to the commission shall constitute a quorum and the affirmative vote of the majority of the members appointed is required to take any action. The commission shall keep an accurate record of its proceedings and transactions and shall submit an annual report to the City Council with a copy to the City Manager. (Ord. 6894-NS § 1, 2006; Ord. 5371-NS § 1, 1981; Ord. 4799-NS § 1 (part), 1975; Ord. 4576-NS § 8, 1972)

The functions of the commission shall be as follows:

A. To develop a local plan for reducing the amount of solid waste generated in the City and sent to landfill by 75 percent by 2010;

B. To prepare and evaluate a feasible zero waste plan and programs for the City, based upon sound ecological principles, such as "highest and best use," and coordinated to the maximum practical extent with other sustainability plans and programs for the City, and for the region as a whole;

C. To directly and continuously consider, study and work upon the problems of solid waste management for the City until a suitable zero waste system has been devised and put into operation, the target date for which shall be no later than 2000;

D. To cooperate with citizens’ groups working on proposals concerning any aspect of zero waste; provided, that nothing in this chapter shall be deemed to forestall consideration by the City Council of any proposals regarding solid waste management and zero waste practices which may be made by citizens’ groups prior to the target dates set forth herein. (Ord. 6904-NS § 4 (part), 2006; Ord. 4576-NS § 9, 1972)