San Rafael Municipal Code Ch. 9.22 Regulatory Fees for Household Hazardous Waste Activities

This chapter shall be known as the "City of San Rafael Household Hazardous Waste Regulatory Fees Ordinance" and may be so cited.

(Ord. 1696 § 1 (part), 1996).

The purpose of this chapter is to ensure the future health, safety and general welfare of the citizens of the city by establishing a funding source to pay for the operating expenses of the city's household hazardous waste collection facility for receipt and disposition of household hazardous waste generated by residential households located within the city.

By establishing fees to fund the city's permanent household hazardous waste collection facility, the intent of this chapter is to regulate the illegal and improper disposition and retention of household hazardous waste by residential households within the city.

(Ord. 1696 § 1 (part), 1996).

Every person, corporation or other entity owning or occupying residential premises within the city, and subject to service by the city's authorized refuse and recycling agent pursuant to Chapter 9.19 of the municipal code, shall pay to the city, or the city's designee, a regulatory fee to be established periodically by city council resolution, to cover the operating expenses of the city's permanent household hazardous waste collection facility, including any city staff and overhead expenses attributable to such facility, and an amount sufficient to fund an account dedicated to closure costs for such facility. In establishing the regulatory fee, the city may adopt rates which apportion the approved budget for operating expenses and closure costs for the city household hazardous waste collection program according to the number and type of residential dwelling units in the city, and other relevant criteria.

(Ord. 1696 § 1 (part), 1996).

The city manager is authorized to have the regulatory fees billed and collected by the city's refuse and recycling agent, pursuant to agreement between the city and such agent, in conjunction with such agent's bills for refuse and recycling charges. Any such agreement between the city and such agent may provide that the fees be collected and remitted by the agent to the city, or collected and remitted by the agent to the city's contractor operating the household hazardous waste collection facility. Any fees billed shall be due and payable on or before thirty (30) days from the date of billing, and the delinquent payment of such fees shall incur a late payment fee to cover administrative expenses, which shall be set from time to time by city council resolution.

(Ord. 1696 § 1 (part), 1996).

Household hazardous waste will be accepted at the city's facility only from individuals who qualify as generators of household hazardous waste, who are residents of the city, or who are residents of jurisdictions having contracts with the city providing for payment for disposal of such waste at the city's facility and indemnification of the city with respect to the collection and disposition of such waste.

As a condition of receiving household hazardous waste, the city, or the city's contractor operating the facility, shall require the individuals delivering such waste to the facility to provide adequate proof and certification as to the nature and origin of the waste which qualifies such waste for acceptance by the facility.

(Ord. 1696 § 1 (part), 1996).

It is unlawful for any person to refuse or fail to pay the fees established by this chapter, or to falsify the nature or the origin of waste delivered to city's household hazardous waste collection facility. Any person violating this chapter shall be subject to the penalty for violations, as provided in San Rafael Municipal Code Section 1.42.010.

(Ord. 1838 § 11, 2005: Ord. 1696 § 1 (part), 1996).

The amount of any delinquent regulatory fees and penalties imposed under the provisions of this chapter shall be deemed a debt owed to the city.

(Ord. 1696 § 1 (part), 1996).

The city may seek legal, injunctive, or other equitable relief to enforce this chapter. In any such action, the city shall be entitled to reasonable attorney's fees and costs. The remedies established by this chapter are cumulative and in addition to any other remedies available to the city for the collection of the fees imposed by this chapter.

(Ord. 1696 § 1 (part), 1996).