Concord Municipal Code Art. II Source Reduction and Recycling

(a) By December 31, 1995, all existing facilities and development over 10,000 square feet shall design and implement city-approved source reduction/recycling plans for white paper, computer paper, glass, cans, cardboard, polystyrene, paper products, and other recoverable materials in accordance with the Guidelines for Source Reduction/Recycling Plans on file with the Planning Division of the city.

(b) All new development new occupancies requiring city approval, and physical expansions of buildings or uses exceeding 10,000 square feet shall submit a source reduction/recycling plan addressing white paper, computer paper, glass, cans, cardboard, polystyrene, paper products, and other recoverable materials in accordance with the Guidelines for Source Reduction/Recycling Plans on file with the Planning Division of the city. The proposed source reduction/recycling plan shall be submitted for approval by the city at the time of filing a development application.

(c) Residential development which includes common facilities shall include a plan for recycling in the design of common areas.

(Code 1965, § 5432; Code 2002, § 82-83. Ord. No. 91-19; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.260)

The following are exempt from the requirements of Section 8.20.290:

(1) Single-family dwellings and other uses which participate in the citywide curbside recycling program;

(2) Individual tenants of multitenant buildings; and

(3) New occupancies of or existing development of 10,000 square feet or less.

(Code 1965, § 5433; Code 2002, § 82-84. Ord. No. 91-19; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.270)

The fee charged for city review and approval of source reduction/recycling plans shall be an amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.

(Code 1965, § 5434; Code 2002, § 82-85. Ord. No. 91-19; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.280)

(a) The promoter or coordinator of a special event held in city must provide a level of solid waste service sufficient to contain the solid waste generated at the special event.

(b) The promoter or coordinator shall provide containers at appropriate locations at the special event to facilitate the source separation of solid waste, organics, and recyclables by event employees, vendors, and attendees.

(c) The three types of containers shall:

(1) Be appropriate in number and size with respect to the quantity of solid waste, organics, and recyclables anticipated to be generated at the property or premises;

(2) Bear appropriate signage and be color-coded – blue containers for recyclables, green containers for organics, and black containers for garbage – to identify the type of solid waste to be contained and meet any additional design criteria established by the city; and

(3) Be placed together as a waste station to provide equally convenient access to users.

(d) If the promoter or coordinator determines that vendor booths at the special event will require solid waste containers, the vendors shall receive from the promoter or coordinator a set of solid waste containers that bear appropriate signage and are color-coded to identify the type of waste to be contained.

(e) The use of public solid waste, recycling, or composting receptacles at special events is prohibited. The promoter or coordinator shall remove or cover all public solid waste, recycling, or composting receptacles to prevent their use during the special event.

(Code 1965, § 5435; Code 2002, § 82-86. Ord. No. 91-19; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.290)

Any person violating any of the provisions or failing to comply with any of the mandatory requirements of Articles I and II shall be guilty of an misdemeanor, punishable in accordance with Chapter 1.05.

(Code 1965, § 5436; Code 2002, § 82-87. Ord. No. 91-19; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.300)

(a) City Manager authorization. The City Manager is authorized to administer and enforce the provisions of this chapter. The City Manager, or anyone designated by the City Manager to be an enforcement officer, may exercise such enforcement powers.

(b) Administrative citations and orders. If the City Manager determines that a person or solid waste generator is in violation of this chapter, the City Manager may issue administrative citations or orders and fines pursuant to Chapter 1.05 for violations of this chapter or of any rule or regulation adopted pursuant to this chapter, except as otherwise provided in this chapter. The city’s procedures on imposition of administrative fines are hereby incorporated in their entirety and shall govern the imposition, enforcement collection and review of administrative citations or orders issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter; provided, however, that the City Manager may adopt regulations providing for lesser penalty amounts. The City Manager has the authority to impose administrative penalties for the notices of violations.

(c) The City Attorney may seek injunctive relief or civil penalties in the superior court in addition to the above remedies and penalties. All administrative civil penalties collected from actions pursuant to this section shall be paid to the city and shall be deposited into a solid waste administrative account that is available to fund activities to implement the applicable provisions of this section. Any remedy provided under this section is cumulative to any other remedy provided in equity or at law. Nothing in this chapter shall be deemed to limit the right of the city or its authorized collection agent(s) to bring a civil action; nor shall a conviction for such violation exempt any person from a civil action brought by the city or its authorized collection agent(s). The fees and penalties imposed under this chapter shall constitute a civil debt and liability owing to the city from the persons, firms or corporations using or chargeable for such services and shall be collectible in the manner provided by law. Nothing in this chapter shall be deemed to impose any liability upon the city or upon any of its officers or employees including without limitation under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA). This chapter does not do any of the following:

(1) Otherwise affect the authority of the City Manager to take any other action authorized by this Code or any other provision of law.

(2) Restrict the power of a city attorney, district attorney or the attorney general to bring in the name of the people of the state, any criminal proceeding otherwise authorized by law.

(3) Prevent the City Manager from cooperating with, or participating in, a proceeding specified in Section 8.20.350.

(4) Affect in any way existing contractual arrangements, including franchises, permits or licenses, previously granted or entered into between the garbage collector and city.

(Ord. No. 21-6, § 5 (Exh. A))

The decision of the Director of Community Development, or the City Manager, concerning application of this article shall be final and such action is not appealable.

(Code 1965, § 5437; Code 2002, § 82-88. Ord. No. 91-19; Ord. No. 21-6, § 5 (Exh. A). Formerly 8.20.310)