A.
The city presently owns approximately 345 acres of land, known as
Scholl Canyon landfill, situated in the city, which is currently used
for the disposal of solid waste generated within the city and in surrounding
jurisdictions.
B.
Over the past 10 years, an average of 600,000 tons of solid waste
has been deposited annually in the Scholl Canyon landfill.
C.
It is anticipated that the remaining landfill space at Scholl Canyon
would be exhausted at or near the year 2008.
D.
A unified city policy should be formulated to ensure the prolonged
life of the landfill space at Scholl Canyon.
E.
The use of Scholl Canyon landfill by surrounding jurisdictions creates
a benefit for such jurisdictions who are able to utilize the landfill
without the burdens the owner/operator must bear.
F.
As a result of having a landfill within its borders, the city faces
liability risks under RCRA and CERCLA as well as additional regulatory
requirements under both state and federal law which regulatory requirements
do not apply to nonowner/operators of landfills. Pursuant to such
additional regulatory burdens, the city faces increased liability
exposure, which exposure cannot be reasonably ameliorated through
insurance or other means.
G.
Given the aforementioned, it is in the best interests of the citizens
of the city to not only manage the solid waste disposed of in Scholl
Canyon so as to effectively and in an environmentally sound manner
extend the useful life of the currently available landfill space at
Scholl Canyon, but also to insure that appropriate funding is available
to meet the regulatory requirements and liability exposure now and
in the future.
H.
It will be necessary for the city to acquire funds in order to pay
for the costs associated with not only formulating effective materials
reduction policies in developing methods for extending the use of
the life of the landfill, but also to protect the city from any additional
costs associated with further regulatory actions and/or liability
exposure pursuant to state and/or federal law.
(Prior code § 24-42; Ord. 4976 § 1, 1991; Ord. 5053 § 1, 1994; Ord. 6020, 1/23/2023)
Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this chapter, have the meanings set forth in this section. Reference is made to definitions set forth in Section 8.44.010 of this title which also apply to this chapter:
means any person or entity enumerated in Section 8.56.060(A) of this chapter who disposes or tenders for disposal any waste or refuse as set forth in said section, in the amount of 2,000 pounds or more at any one time and who shall be required to establish and maintain an account with the operator of the Scholl Canyon landfill.
means and includes a levy of a special use fee which is equal
to 25% of the prevailing schedule of fees charged for the disposal
of refuse or solid waste at the Scholl Canyon landfill.
means the currently assessed fees imposed on all account
holders of Scholl Canyon landfill.
(Prior code § 24-43; Ord. 4976 § 2, 1991; Ord. 5053 § 2, 1994; Ord. 5282 § 1, 2001; Ord. 5478 § 2, 2005; Ord. 6020, 1/23/2023)
Whenever a qualified user disposes of solid waste or refuse
at the Scholl Canyon landfill, such qualified user shall pay a host
fee equal to a charge of 25% in excess of the prevailing schedule
of fees charged for the disposal of solid waste at Scholl Canyon landfill.
There is specifically exempted from the imposition of this host fee
all solid waste disposed of by collection vehicles owned and operated
by the city.
(Prior code § 24-44; Ord. 4976 § 3, 1991; Ord. 5053 § 3, 1994; Ord. 5282 § 2, 2001; Ord. 6020, 1/23/2023)
A.
No individual, partnership, committee, association, corporation,
public agency, public entity or any other organization or group of
persons, public or private, shall dispose or tender for disposal within
the city, any refuse or waste which has its origin within any city
which either owns, operates, maintains or regulates a Class I or Class
III nonrestricted sanitary landfill as defined by the State Water
Resources Control Board, or is entitled to the use or possession of
a Class I or Class III nonrestricted sanitary landfill site within
its municipal limits. Furthermore, a wasteshed area is identified
as the only geographical area and the communities within, permitted
to use Scholl Canyon landfill for the disposal of acceptable wastes
that originate within such area. The director of public works shall
restrict or limit the use of Scholl Canyon landfill to any community
in the defined wasteshed area which fails to undertake and implement
waste reduction measures approved by the director of public works
and aimed at limiting the amount of refuse deposited at Scholl Canyon
landfill. The wasteshed area is specifically described as the Los
Angeles County incorporated cities of Glendale, La Canada Flintridge,
Pasadena, South Pasadena, San Marino and Sierra Madre; the Los Angeles
County unincorporated communities known as Altadena, La Crescenta,
Montrose; the unincorporated area bordered by the incorporated cities
of San Gabriel, Rosemead, Temple City, Arcadia and Pasadena; and the
unincorporated area immediately to the north of the city of San Marino
bordered by the city of Pasadena on the west, north and east sides.
B.
Every account holder shall complete, no less than once each calendar year, a city refuse disposal reporting form and submit such reporting form on or before the first day of March following the close of the calendar year to the office of the integrated waste management section. More frequent reporting or additional information may be required from time to time of account holders, if, at the discretion of the director of public works, it is deemed necessary for integrated waste planning purposes. All other persons or entities as defined in subsection A of this section, who are not account holders seeking to dispose or tender for disposal waste at the Scholl Canyon landfill, shall provide all necessary information for any surveys taken of users at the Scholl Canyon landfill if, in the discretion of the director of public works, it is deemed necessary for integrated waste planning purposes. Any person or entity, whether or not an account holder, attempting to dispose or tender for disposal any waste or refuse at the Scholl Canyon landfill who does not comply with the requirements of this section shall be prohibited from disposing or tendering for disposal such waste until the necessary information and reports are provided.
(Prior code § 2440; Ord. 5020 § 1, 1993; Ord. 5478 § 3, 2005; Ord. 6020, 1/23/2023)
Under no circumstances shall waste received at Scholl Canyon
landfill for burial exceed 33,600 tons during the weekly periods of
Monday through Saturday.
(Prior code § 24-41)
Any person who provides, or offers to provide, solid waste services
within the city must have a valid solid waste services permit issued
pursuant to this chapter. Every vehicle used to provide solid waste
services within the city shall display a current Glendale solid waste
services permit decal affixed so as to be clearly visible to inspectors
or other persons from a position outside the vehicle, in two separate
locations of the vehicle as follows: (A) the lower right-hand corner
of the front windshield of such vehicle; and (B) in a position on
the rear panel of the vehicle.
(Prior code § 24-47; Ord. 5019 § 2, 1993)
A solid waste services permit shall not be transferable to any
other person, firm or corporation from the party to whom it was originally
issued.
(Prior code § 24-48; Ord. 5019 § 3, 1993)
A solid waste services permit shall not be required of scrap
metal dealers, junk dealers, household cleanup service firms, and
other companies that, in the ordinary course of performing their primary
business function, incidentally transport solid waste. However, if
any such companies perform services for customers where their primary
function is to collect and transport solid waste, then such companies
are required to obtain a solid waste services permit for those customers.
Solid waste services permits shall not be required of firms that primarily
collect recyclable materials and are not paid by any customer in the
city for that collection.
(Prior code § 24-49; Ord. 5019 § 4, 1993; Ord. 6020, 1/23/2023)
The solid waste services permit will be required of solid waste
services providers beginning July 1, 1993. The AB 939 fee will be
based on gross receipts received for service provided on and after
July 1, 1993.
(Prior code § 24-50; Ord. 5019 § 5, 1993; Ord. 6020, 1/23/2023)
All solid waste services permits will be valid from the date
of issuance to the following June 30th. They shall be renewable thereafter
on each July 1st for a period not to exceed one year.
(Ord. 5019 § 6, 1993:
prior code § 24-51)
A.
Application Information. New applications and renewal applications
for solid waste services permits shall be made on forms provided by
the director of public works, or the director's designee. Beginning
in 1994, renewal applications must be received each year by April
30th. Both new applications and renewal applications shall include
the following information:
1.
The name, address and phone number of the applicant. If the firm
operates under more than one name, all names under which the firm
will be operating in the city shall be listed;
2.
A description of the types of solid waste services to be provided
by the applicant (i.e., collection, recycling, roll-off);
3.
A listing of all solid waste collection or recycling vehicles, by
type, to be operated in the city;
4.
The location where all vehicles will be kept;
5.
A statement by the applicant that the applicant understands, and
will comply with, the terms and conditions of this chapter;
6.
Any other information the director of public works, or the director's
designee, may require.
B.
Application Review. Upon receipt, the director of public works, or
the director's designee, shall review the application for conformity
with the requirements of this chapter. In the case of applicants who
have previously held a solid waste services permit, the director shall
take into consideration the applicant's prior performance in
complying with the terms and conditions of this chapter in deciding
whether or not to renew the permit. If the application, and the applicant's
prior performance, is determined to be in compliance with this chapter,
the application shall be approved and the permit shall be issued.
If the director decides not to approve the application and not issue
the permit, the applicant shall be advised in writing of the grounds
for the rejection. The applicant shall have the right to appeal any
decision of the public works director by filing with the city manager
within 10 days of any decision a written appeal specifying the reasons
for the appeal. The decision of the city manager on the appeal shall
be final.
C.
Changes in Application Information. All applicants and/or permittees
shall provide prior notification to the public works director of any
change in the information provided in the application.
(Prior code § 24-52; Ord. 5019 § 7, 1993; Ord. 6020, 1/23/2023)
A.
Reporting. All solid waste services permittees shall complete quarterly city solid waste services reporting forms for solid waste collected within the city and submit such reports within 45 days following the end of each calendar quarter to the office of the integrated waste management section. For example, for the three months ending September 30th, the forms would be due on the following November 15th. Such city solid waste services reporting forms shall be completed with the best available data. The forms shall be submitted for every calendar quarter, even if the permittee has no activity in Glendale during a particular period. Solid waste service providers who have not complied in the submission of the quarterly city solid waste reporting forms for solid waste collected in the city will be subject to the enforcement provisions of Section 8.56.160.
B.
Fee Payment. All solid waste services permittees shall remit to the city an AB 939 fee pursuant to Section 8.56.150.
C.
Maintain Adequate Records. All solid waste services permittees shall
maintain records adequate to enable the city to verify the proper
payment of fees and to monitor waste collection activities.
D.
Access to Records and Confidentiality. All solid waste services permittees
shall give the city, or the city's representative, access to
their company's financial and operational records in order that
the city may verify the proper payment of fees and accurate reporting
of financial and waste tonnage information to the city. All such records
will be left with the permittee unless the review reveals discrepancies
that cannot be reconciled. In such instances, the case will be referred
to the city attorney.
E.
Indemnification. All solid waste permittees shall indemnify and hold
harmless the city, and its officers and employees, from any and all
losses, costs, damages and expenses of liability which may result
from or arise out of granting the permit, including liability under
the Comprehensive Environmental Response Compensation and Liability
Act (CERCLA).
F.
Compliance with All Laws. All solid waste services permittees must
comply with all laws of the United States, the state of California,
Los Angeles County and the city, and with all applicable federal,
state, regional or local regulations, now in force and as they may
be enacted, issued or amended during the term of the permit.
G.
Records Retention. It shall be the duty of each current and former
solid waste services permittee liable for collection and payment of
AB 939 fees to the city to keep and preserve for a period of three
years, all records as may be necessary to determine amounts of such
fees, which records the city shall have the right to inspect at all
reasonable times.
(Prior code § 24-53; Ord. 5019 § 8, 1993; Ord. 5071 § 2 1994; Ord. 6020, 1/23/2023)
A.
Purpose and Regulatory Authority. Section 41901 of the California
Public Resources Code authorizes a city or county to "impose fees
in amounts sufficient to pay the costs of preparing, adopting, and
implementing an integrated waste management plan." Section 41902 adds
that "a local agency may directly collect the fees authorized by this
chapter or may, by agreement, arrange for the fees to be collected
by a solid waste hauler providing solid waste collection for the city
or county."
B.
Use of Fees. The fees collected under this program are to be used
exclusively to pay the costs of preparing, adopting, and implementing
the city's integrated waste management plans developed pursuant
to the State of California Integrated Waste Management Act of 1989
(AB 939), including the administration of the AB 939 fee program.
C.
Basis for Assessment. The fee will be calculated by conducting an
analysis of the costs of implementation and management of solid waste
and recycling, including outreach and education, city staffing and
consulting needs and shall be included in each franchise agreement.
The fee amount will be established and may be modified by resolution
of the city council.
D.
Payment Schedule. The fee will be paid quarterly and will be due
45 days following the end of each calendar quarter in which the gross
receipts are received.
E.
Late Fees. Payments received more than 15 days past the due date
will be assessed a late charge equal to 25% of the amount past due.
A monthly interest charge equal to the amount set by resolution for
delinquent licenses required by Title 5 shall also be added to the
unpaid balance at the end of each subsequent month that the fees remain
unpaid.
F.
Verification of Proper Payment. Verification of proper payment will
be accomplished through periodic reviews of the permittee's financial
and operational information by the city, or the city's representative.
G.
The director of public works may establish shorter reporting periods
for any solid waste services permittee if he or she deems it necessary
in order to ensure collection of AB 939 fees. Payments of AB 939 amounts
are due to the city immediately upon cessation of business for any
reason.
(Prior code § 24-54; Ord. 5019 § 9, 1993; Ord. 5071 § 3, 1994; Ord. 5970 § 2, 2021; Ord. 6020, 1/23/2023)
A.
Revocation of Permit. The director may revoke or suspend any permit
if the permittee has violated a provision of this chapter or any other
applicable law or regulation of any public agency. The failure of
a permittee to pay the AB 939 fee on or before the due date shall
constitute just cause for revocation of the solid waste services permit.
B.
Fines. Any person, firm or corporation failing to file solid waste services reporting forms, failing to pay the AB 939 fee, or found operating in the city without a valid solid waste services permit shall be guilty of a misdemeanor subject to the penalties provided under Section 1.20.010 of this code. The city may avail itself of any other legal remedies not specifically delineated in this chapter.
C.
Disposal Prohibition. Permittees who are more than 15 days late in
filing any quarterly city solid waste services reporting forms or
in paying any AB 939 fees for solid waste collected within the city,
shall be prohibited from disposing of solid waste at the city's
Scholl Canyon landfill until all required city solid waste services
reporting forms and AB 939 fees are submitted and paid. Any person,
firm or corporation who is found to be operating without a solid waste
services permit more than once in a 12-month period shall be prohibited
from disposing of solid waste at the city's Scholl Canyon landfill
for up to a one-year period.
(Prior code § 24-55; Ord. 5019 § 10, 1993; Ord. 6020, 1/23/2023)
A.
The city may award contracts for solid waste collection services
for commercial businesses through an exclusive franchise agreement
authorizing and obligating the holder to provide collection services
within a franchise zone.
B.
A franchisee's exclusive right to provide collection services
shall not include the right to collect the following materials, the
collection of which is not prohibited by this section:
(Ord. 5970 § 3, 2021; Ord. 6020, 1/23/2023)
A.
Provision of Collection Services. Except as provided in Section 8.56.170(B) and Section 8.56.180(B), it is unlawful for any person to provide collection services to a commercial business within a franchise zone unless a written franchise agreement therefor has been executed between such person and the city, and such agreement is in full force and effect.
B.
Transition Period. The city, in its sole discretion and consistent with state law, may authorize a solid waste hauler possessing a valid permit issued pursuant to Section 8.56.080 et seq. to continue providing collection services in a franchise zone to the extent necessary to meet the needs of any customer in that zone until the franchisee is able to perform the collection services.
C.
Temporary
Services. No person shall provide temporary bin service or temporary
rolloff service to a commercial business within a franchise zone unless
that person holds a written franchise agreement for any zone in the
city, and such agreement is in full force and effect.
(Ord. 5970 § 3, 2021; Ord. 6020, 1/23/2023; Ord. 6020, 1/23/2023)
The director of public works shall divide the territory within
the city into four franchise zones, the designation of which shall
be subject to the approval of the city council and shall be established
and adjusted by resolution of the city council.
(Ord. 5970 § 3, 2021; Ord. 6020, 1/23/2023)
The director of public works shall include in each franchise
agreement a negotiated annual franchise fee to be paid to the city
by the respective franchisee. The franchise fee shall reflect a reasonable
estimate of the value of the franchise and shall be established and
adjusted as necessary by city council by resolution. Franchise fees
will be conveyed to the city's general fund.
(Ord. 5970 § 3, 2021; Ord. 6020, 1/23/2023)
Nothing in Sections 8.56.170 through 8.56.200 relieves any franchisee from the requirement to obtain and maintain a permit pursuant to Sections 8.56.080 through 8.56.160 of this chapter or any other permit or license otherwise required by law for the provision of such services.
(Ord. 5970 § 3, 2021; Ord. 6020, 1/23/2023)
