Chapter 418-10 — RECYCLING REQUIREMENTS FOR LANDFILL DISPOSAL

The purposes of this chapter are to: support the implementation of the goals and purposes of the Integrated Waste Management Act of 1989 (Public Resources Code, Section 40000 et seq., hereafter, "the Act"), to reduce, recycle, and reuse solid waste generated in the state to the maximum extent feasible to conserve water, energy and other natural resources, by requiring local agencies subject to the Act to comply with the Act's requirements of developing and implementing recycling and source reduction programs; emphasize programs for resource recovery of plastics by implementing the recommendations of the plastics committee of the solid waste commission; and implement the conditions of approval for the Keller Canyon and Marsh Canyon landfills.

(Ord. No. 92-105 § 3).

Article 418-10.4. Definitions

The terms in this chapter have the meanings ascribed to them in the Act and regulations adopted pursuant to the Act, as they may be amended from time to time, except as the context otherwise requires. In addition, the following terms have the meanings ascribed to them in this article.

(Ord. 92-105 § 3).

"Bottles" means and includes containers that hold beverages or food which have necks which are narrower than the rest of the container. It does not include those containers, such as tubs, which have a mouth that is wider than the rest of the container.

(Ord. 92-105 § 3).

"Cardboard" means and includes material primarily used for boxes, that has a corrugated inner layer.

(Ord. 92-105 § 3).

"Glass" means and includes any glass beverage, food, medicine, or toiletry container. It does not include mirrors, window glass, crystal, pottery, ceramics, cooking pots, etc.

(Ord. 92-105 § 3).

"HDPE" means high-density polyethylene. Clear HDPE is most commonly found in milk and water bottles, and colored HDPE is most commonly found in detergent bottles and some plastic bags.

(Ord. 92-105 § 3).

"Landfill" means a disposal facility for land disposal of solid waste.

(Ord. 92-105 § 3).

"Local agency" means and includes cities, the county, and any special district franchising, contracting for, permitting, or in any way providing, residential or commercial solid waste collection and/or disposal service.

(Ord. 92-105 § 3).

"Local agency's hauler" or "haulers of a local agency" means and includes a local agency's franchised, contracted or permitted residential or commercial solid waste haulers.

(Ord. 92-105 § 3).

"Paper" means and includes high-grade ledger, typically used in offices; computer print-out; mixed, including nonfood-contact food packaging such as cereal boxes and colored paper; direct mail; kraft bags; magazines. It does not include newsprint and cardboard.

(Ord. 92-105 § 3).

"PET" means polyethylene terephthalate. By way of illustration, this is the type of plastic from which two- liter beverage containers are made. In addition, some liquor, cooking oil and peanut butter jars are made of PET.

(Ord. 92-105 § 3).

"Plastic film" means and includes plastic shopping and dry cleaning bags, and shrink wrap used to wrap pallets for shipping. This material is generally coded "4" for low-density polyethylene and "2" for high- density polyethylene.

(Ord. 92-105 § 3).

"Polystyrene" means the material that is most commonly used to make foam meat trays, foam cups, yogurt cups, plastic "silverware," packaging pellets and foam blocks.

(Ord. 92-105 § 3).

"Tin" means and includes steel and tin cans, including those used for food and beverages.

(Ord. 92-105 § 3).

Article 418-10.6. Recycling Program Required

Beginning January 1, 1993, an operator of a landfill shall not accept solid waste from the haulers of a local agency that is not implementing a recycling program approved and certified by the board as satisfying the requirements of this chapter.

(Ord. 92-105 § 3).

The recycling program may be either a weekly or biweekly curbside collection program or other recycling program such as dropoff or commercial recycling. The recycling program shall include collection or diversion of the following materials: (a) aluminum cans, (b) glass containers, (c) newsprint, (d) PET bottles, (e) clear HDPE bottles, (f) colored HDPE bottles, (g) steel and tin-plated cans, (h) cardboard, (i) polystyrene, (j) plastic film, (k) yardwaste, and (l) paper. Recycling programs for these materials are to be implemented in accordance with the following time schedule:

(1)

January 1, 1993: At least seven out of the twelve materials.

(2)

January 1, 1994: At least ten out of the twelve materials.

(3)

January 1, 1996: All twelve materials.

(Ord. 92-105 § 3).

A local agency's recycling program shall be reviewed and recertified by the board at least once every five years. A local agency's source reduction and recycling element submitted in accordance with Public Resources Code Section 41770, may be approved as the local agency's recycling program if it includes all those materials in Section 418-10.604.

(Ord. 92-105 § 3).

By April 1, 1993, January 1, 1994 and January 1, 1996, each local agency shall submit to the board a certified copy of a resolution or other official action of its governing body and each city council, reporting on and outlining the programs that serve to meet the requirements of Section 418-10.604. Thereafter, each local agency shall submit a certified copy of a resolution or other official action of its governing body reporting on and outlining its programs every five years. The county may, at its option, provide a standardized reporting form.

(Ord. 92-105 § 3).

A local agency may, from time to time, request to amend its recycling program.

(Ord. 92-105 § 3).

Subject to the board's approval, the director of community development may develop rules and procedures for submittal and review of recycling programs, including five-year reviews and amendments of said programs.

(Ord. 92-105 § 3).

If a local agency's hauler delivers solid waste to a transfer or processing station, the requirements of Sections 418-10.602 and 418-10.604 apply to a landfill operator's acceptance of a local agency's solid waste from the transfer or processing station operator and the station operator's contractors and subcontractors. Where a station operator accepts solid waste from a local agency that is not meeting the requirements of Sections 418-10.602 and 419-10.604, the station operator shall certify to the landfill operator that such local agency's solid waste is not being delivered to the landfill.

(Ord. 92-105 § 3).

Article 418-10.8. Exemptions

The board may grant exemptions from any of the requirements of Article 418-10.6, including requirements for implementing any component of a local agency's recycling or diversion program.

(Ord. 92-105 § 3).

A local agency may request an exemption from the requirements of Article 418-10.6 by filing with the clerk of the board a certified copy of a resolution of the local agency's governing body requesting the board to grant an exemption from the requirements of Article 418-10.6, stating the grounds and facts justifying the request. Request for exemptions shall be submitted by January 1st of the year for which exemption is requested.

(Ord. 92-105 § 3).

The clerk of the board shall promptly set the matter for hearing at an early regular board meeting, and shall give the local agency at least five days' written notice of the hearing. The board may continue the hearing from time to time, in order to allow complete input from the local agency, staff and other interested parties.

(Ord. 92-105 § 3).

The board may grant or conditionally grant an exemption from the requirements of Article 418-10.6 if the board finds that good cause exists therefor. The board shall find that good cause exists for the exemption if any of the following requirements are met:

(a)

The local agency is meeting or is likely to meet the waste diversion requirements of the Act without complying with the requirements of Article 418-10.6 as to the material for which the exemption is sought;

(b)

As to materials subject to Section 418-10.604, the cost of curbside recycling program of the material exceeds the cost of landfill disposal of the material;

(c)

The material is not needed for the county's market development zone; or

(d)

The market for a material has been in severe decline or is nonexistent.

(Ord. 92-105 § 3).

Unless a longer period is approved by the board, exemptions granted by the board shall be reviewed on an annual basis pursuant to the procedures set forth in Sections 418-10.804 and 418-10.806. An exemption shall not be renewed unless the board makes the findings required by Section 418-10.808. Requests for exemption renewals shall be submitted by January 1st of the year for which the renewal is requested.

(Ord. 92-105 § 3).

The board's decision shall be final and conclusive.

(Ord. 92-105 § 3).