El Monte Municipal Code Ch. 8.28 Integrated Waste Management Plan

The state has adopted the California Integrated Waste Management Act of 1989 (Stats. 1989, Chapter 1095, as amended) which is also known as "AB 939." The State Legislature has declared that the responsibility for solid waste management is a shared responsibility between state and local governments and the state has directed the city to prepare and implement a local integrated waste management plan in accordance with AB 939.

(Prior code § 5250)

The Deputy City Manager for Community Development shall prepare a source reduction and recycling element, inclusive of a household hazardous waste element (collectively, an "SRRE"). The SRRE shall be submitted to the City Council for approval in accordance with AB 939. Thereafter, the Deputy City Manager for Community Development shall submit periodic written reports to the City Council detailing the city's implementation of any and all programs set forth under the SRRE. An initial report shall be submitted to the City Council no later than December 1, 1992 and thereafter the Deputy City Manager for Community Development shall submit additional reports in accordance with a schedule of SRRE program implementation and assessment reports as adopted by City Council resolution. A copy of the SRRE shall be maintained for inspection and copying as a public record in the office of the City Clerk.

(Ord. 2701 §§ 3 (part), 7, 2007: amended during 1999 recodification; prior code § 5251)

The City Council creates a special fund to be known as the "AB 939 Cost Recovery Special Fund." The Director of Finance is authorized and directed to establish appropriate accounting procedures and to deposit all funds as may be received or collected by the city in accordance with AB 939 or the city SRRE, including grants or state subvention revenues, or local regulatory program fees or charges as authorized in Section 8.28.040, into the AB 939 cost recovery special fund. The amounts on deposit in the AB 939 cost recovery special fund, together with any accrued interest thereon, shall be used and applied to pay for costs incurred by the city as associated with the preparation, adoption and implementation of the city SRRE. The city may from time to time loan or advance such funds as available to the AB 939 cost recovery special fund, as may be necessary or appropriate. Such loans or advances or funds from the city may incur interest payable to the city from sums deposited to the AB 939 cost recovery special fund at such a rate as specified by resolution of the City Council.

(Prior code § 5252)

The City Council may adopt regulatory program fees as authorized under AB 939 to provide a source of funds to pay for the preparation, adoption and implementation of the city SRRE. Such AB 939 fees, charges and methods of apportionment and collection shall be determined, fixed, established and revised from time to time by resolution of the City Council, following a public hearing thereon. Public hearings regarding such AB 939 fees shall be conducted in the manner as authorized under Government Code Section 66016.

(Prior code § 5253)

The term "hauler" as used herein means any waste hauler, solid waste hauler, or trash hauler or the like and shall include any individual or entity engaged in a business, subject to the payment of a business license tax under the provision of Title 5 of the El Monte Municipal Code, where such hauler collects, transports, stores, transfers, or processes solid waste in the city. The term "solid waste" shall have the same meaning as found under Public Resources Code Section 40191. It is unlawful for any hauler who is engaged in the business of collecting, transporting, storing, transferring, or processing solid waste in the city to fail to file any report or pay any fee to the city as may be authorized under Section 8.28.040 within sixty (60) days following written demand therefor. The city may enforce this section as a misdemeanor in accordance with El Monte Municipal Code Section 1.24.010.

(Prior code § 5254)