Title
ORDINANCE 2994: AMENDMENTS TO CHAPTER 18 - GARBAGE AND TRASH; AND DECLARING AN EMERGENCY (ORDINANCE) (PUBLIC HEARING REQUIRED)
Staff Contact: Jack Friedline, Director, Public Works
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Purpose and Recommended Action
Recommendation
This is a request for City Council to conduct a public hearing, waive reading beyond the title and adopt an ordinance amending Chapter 18 - Garbage and Trash; and declaring an emergency to provide for the changes to be effective July 1, 2016.
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Background
Senate Bill 1079, signed by the Governor on April 1, 2015, made changes to the state statutes regarding private enterprise recycling and solid waste management (A.R.S. §49-746). Specifically, by prohibiting municipalities from restraining private enterprises from delivering recycling or solid waste management services to commercial, industrial and multifamily residential properties within or to the municipality, private trash and recycling companies can now compete with cities and towns for this business. The bill defined multifamily residential properties as “any real property that has one or more structures and that contains five or more dwelling units for rent or lease….” The changes take effect on July 1, 2016.
Analysis
Under current city code, Chapter 18 - Garbage and Trash, refuse collection and recycling services for all residential properties, including multifamily properties, are provided by the city’s Public Works Department. Business establishments have the option of being serviced by the city solid waste service or by a contractor. To be consistent with the changes to state law, the city code must be revised to allow third party commercial solid waste service providers the opportunity to solicit business from multifamily residential properties.
While making these changes to Chapter 18, staff recognized the need to comprehensively update the Chapter consistent with the City’s current solid waste and recycling practices. This ordinance will therefore revise nearly every section of Chapter to be consistent with the City’s current best management practices and with the language in other chapters of the City Code. Examples of the updates/revisions include: updating the definitions of bulk trash, generator, hazardous waste, medical waste, recycling, solid waste, and solid waste management for consistency with state and federal law; adopting language to identify and abate environmental nuisances; removal of references to manual household collection; and removal of references to development impact fees.
Previous Related Council Action
On March 24, 2016, Council adopted a resolution adjusting the rates for multiple front load bins for solid waste collection service in anticipation of this code revision. A comprehensive revision of this Chapter appears to have last occurred on October 26, 1999 (Ordinance No. 2106).
Community Benefit/Public Involvement
As a municipal corporation, the City of Glendale is required to comply with revisions to the Arizona Revised Statutes.
Budget and Financial Impacts
The code revisions will represent a negative revenue impact to the Sanitation Enterprise Fund.