ORDINANCE 1541 ORDINANCE NO. 1541
AN ORDINANCE AMENDING TITLE 5 OF THE EL SEGUNDO
MUNICIPAL CODE TO IMPLEMENT AN ORGANIC WASTE RECYCLING
PROGRAM
The City Council of the city of El Segundo does ordain as follows
SECTION 1: The Council finds and declares as follows:
A. According to California's Department of Resources Recycling and Recovery
(also known as "Ca lRecycle"), 41% of what is being thrown away in
California's landfills is organic waste (i.e., food waste, green waste,
landscape and pruning waste, nonhazardous wood waste, and food-soiled
paper waste that is mixed in with food waste). When organics are landfilled
they decompose without oxygen to create methane, a contributor to climate
change;
B. On September 28, 2014, Governor Brown signed Assembly Bill 1826,
Mandatory Commercial Organics Recycling, which requires the City to
implement a mandatory commercial organics recycling program;
C. The law phases-in the mandatory recycling of commercial organics over
several years, with an increase in the number of businesses required to
comply each year, with full implementation in 2020;
D. Under AB 1826, the City is required to (1) implement a mandatory
commercial organic waste recycling policy ordinance, and (2) annually
report to CalRecycle the number of regulated businesses that generate
organic waste and the number that are recycling organic waste (Pub. Res.
Code §§ 41821, 42649.82);
E. The City Council desires to do its part to help reduce the amount of organic
materials sent to landfills; accordingly, the City Council desires to implement
the City's mandatory commercial organics recycling program by adopting
this ordinance and by approving a Mandatory Commercial Organics
Recycling Policy.
SECTION 2: Section 5-2-1 of the El Segundo Municipal Code (ESMC) is amended to add
the following definitions in alphabetical order:
"Business" means a commercial or public entity, including, but not limited to, a firm,
partnership, proprietorship, joint stock company, corporation, or association that is
organized as a for-profit or nonprofit entity.
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"Multifamily residential dwellings" means dwellings of five units or more, including
without limitation, condominiums, apartments, and townhomes. The term does not
include dwellings of four or fewer units.
Organic waste means food waste, green waste, landscape and pruning waste,
nonhazardous wood waste, and food-soiled paper waste that is mixed in with food
waste.
SECTION 3: Title 5, Chapter 2 of the ESMC is amended to add a new section as follows:
"5-2-11. Recycling of Organic Waste.
A. Mandatory Recycling Services.
1. On and after April 1, 2016, a business or a multifamily residential dwelling
that generates eight cubic yards or more of organic waste per week must
arrange for recycling services specifically for organic waste in the manner
specified in subsection B.
2. On and after January 1, 2017, a business or a multifamily residential dwelling
that generates four cubic yards or more of organic waste per week must
arrange for recycling services specifically for organic waste in the manner
specified in subsection B.
3. On and after January 1, 2019, a business or a multifamily residential dwelling
that generates four cubic yards or more of commercial solid waste, as defined
in Public Resources Code section 42649.1, per week, must arrange for
recycling services specifically for organic waste in the manner specified in
subsection B.
4. On or after January 1, 2020, if the Department of Resources Recycling and
Recovery determines that statewide disposal of organic waste has not been
reduced to 50 percent of the level of disposal during 2014, a business that
generates two cubic yards or more per week of commercial solid waste must
arrange for the organic waste recycling services specified in paragraph (3),
unless the department determines that this requirement will not result in
significant additional reductions of organics disposal.
& A business or a multifamily residential dwelling subject to subsection A must
take at least one of the following actions:
1. Source separate organic waste from other waste and subscribe to a basic
level of organic waste recycling service that includes collection and recycling
of organic waste.
2. Recycle its organic waste onsite or self-haul its own organic waste for
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recycling.
3. Subscribe to an organic waste recycling service that may include mixed
waste processing that specifically recycles organic waste.
4. Sell or donate its recyclable organic waste to a person or entity authorized
by law to receive such waste.
C. Notwithstanding the foregoing, a multifamily residential dwelling is not required
to arrange for the organic waste recycling services specified in subdivision B
for food waste that is generated by the dwelling.
D. Property management companies that contract for trash service for any
commercial, institutional, or multi-family properties subject to this chapter are
required to contract or otherwise make available recycling services to comply
with this section.
E. Any business or multi-family residential dwelling subject to this chapter must:
1. Report to the City of El Segundo on an annual basis the action the business
or dwelling has taken pursuant to subsection (b); the amount of commercial
solid waste and organic waste that the business or dwelling generates per
week; any other information required by the City to comply with its state-
mandated reporting requirements.
2. Comply with the City's Mandatory Commercial Organics Recycling Policy,
adopted by the City Council and which may be amended by the City Manager.
F. Exemptions.
1. Any business or multi-family dwelling subject to this chapter may apply for
an exemption from the requirements of this chapter. The City Manager or
designee may grant either a temporary or permanent exemption for any of the
following reasons:
a. Lack of sufficient space in multifamily complexes or businesses to provide
additional organic material recycling bins.
b. The current implementation by a business of actions that result in the
recycling of a significant portion of its organic waste.
c. The business or group of businesses does not generate at least one-half of
a cubic yard of organic waste per week.
d. Extraordinary and unforeseen events, in which case a temporary exemption
only may be granted.
2. The City Manager's or designee's decision may be appealed to the City
Council within 10 days of the decision. The City Council's decision will be final.
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G. Any violation of this Chapter is punishable as an infraction pursuant to Section
1-2-3 of this Code. The City may enforce this Chapter by administrative citation
or any other remedy available to the City under law and it is within the discretion
of the City to seek cumulative remedies.
H. The City Council may establish fees for its costs of enforcing this Chapter by
resolution."
SECTION 4: Environmental Review. This ordinance is exempt from environmental
review under the California Environmental Quality Act (California Public Resources Code
§§ 21000, et seq., "CEQA") and CEQA regulations (14 California Code of Regulations §§
15000, et seq.) because it is an action being taken for enhanced protection of the
environment and is exempt from further review under CEQA Guidelines § 15308.
SECTION : Severability. If any part of this Ordinance or its application is deemed invalid
by a court of competent jurisdiction, the City Council intends that such invalidity will not
affect the effectiveness of the remaining provisions or applications and, to this end, the
provisions of this Ordinance are severable.
SECTION 0: Construction. This Ordinance must be broadly construed in order to
achieve the purposes stated in this Ordinance. It is the City Council's intent that the
provisions of this Ordinance be interpreted or implemented by the City and others in a
manner that facilitates the purposes set forth in this Ordinance.
SECTION 7: Enforceability. Repeal of any provision of the El Segundo Municipal Code
does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution
and imposition of penalties for any violation occurring before, this Ordinance's effective
date. Any such repealed part will remain in full force and effect for sustaining action or
prosecuting violations occurring before the effective date of this Ordinance.
SECTION 8: The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of El Segundo's book of original
ordinances; make a note of the passage and adoption in the records of this meeting; and,
within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be
published or posted in accordance with California law.
T 9.:
its passage and Ordinance will become effective on the thirty-first (31st) day following
d adoption.
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PASSED, APPROVED, AND ADOPTED ORDINANCE No. 1541 this 6th day of
December, 2016.
uza ne Fuentes, Ofa'yor
APPROVED AS TO FORM:
Makiley, Gi6 torney
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS
CITY OF EL SEGUNDO
1, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five, that the foregoing
Ordinance: No, 1'541 was duly introduced by said City Council at a regular meeting held
on the 181 day of November 2016, and was duly passed and adopted by said City Council,
approved and signed by the Mayor, and attested to by the City Clerk, all at a regular
meeting of said Council held on the 6th day of December, 2016, and the same was so
passed and adopted by the following vote:
AYES: Mayor Fuentes, Mayor Pro Tern Boyles, Council Member Dugan and
Council Member Pirsztuk
NOES: None
ABSENT: Council Member Brann
ABSTAIN: None
Tracy We4ver,;City Clerk