Chapter 6.52
ELECTRONIC WASTE RECYCLING
Sections:
6.52.030 Certification required.
6.52.040 Preemption and exclusion.
6.52.010 PURPOSE AND INTENT.
In enacting this chapter, the city council recognizes that the collection of electronic devices for recycling is a service of great value to the health and safety of the public and of the environment. The city council further recognizes that unless properly regulated, the recycling of electronic devices collected in the city can be performed in a manner that is harmful to the health and safety of the public and environment and which poses a threat to the quality of life in the community. Therefore, it is the purpose and intent of this chapter to regulate the recycling of electronic devices collected or processed by a recycler in the city of Santa Cruz.
(Ord. 2012-10 (part), 2012).
6.52.020 DEFINITIONS.
The definitions in this section apply to this chapter, unless apparent from the context that a different meaning is intended.
(a) “Electronic device” means any device powered by electricity (including batteries) that contains circuitry and is identified by the state of California as hazardous waste, whether whole or in fragments, including parts, components, or assemblies thereof. Examples include, but are not limited to: televisions, computers, central processing units, mobile computers (including notebooks, netbooks, tablets, and e-book readers), computer accessories (including input devices, webcams, speakers, data storage devices, servers, and monitors), televisions (including portable televisions and portable DVD players), video display devices (including digital picture frames and portable video devices), digital imaging devices (including printers, copiers, facsimile machines, image scanners, and multifunction machines), television peripheral devices (including video cassette recorders, DVD players, video game systems, game controllers, signal converter boxes, and cable and satellite receivers), digital cameras and projectors, digital audio players, telephones and electronic communication equipment (including cellular phones and wireless Internet communication devices), networking devices (including routers, network cards, modems, and hubs), audio equipment, portable video game systems, personal digital assistants, portable global positioning system navigation devices and microwave ovens. Electronic device does not include motor vehicles or large appliances.
(b) “E-waste collection event” means any one-time or ongoing event or activity organized by individuals, groups, electronic device collectors or other entities with the intended purpose of collecting or gathering items that include electronic devices for recycling or delivery to a recycler. Examples include curbside pickups, door-to-door pickups, parking lot drop-offs, permanent collection sites, or an organization’s in-house electronic device management.
(c) “Electronic device collector” means any person, partnership, corporation or other entity that accepts or collects electronic devices for recycling.
(d) “Electronic device processor or recycler” means any person, partnership, corporation or other entity that includes as part of its operations the recycling of electronic devices.
(e) “Certified recycler” means an electronic device recycler that is currently certified by a third-party certification organization which has been designated by the city of Santa Cruz to meet acceptable e-waste recycling certification standards.
(f) “Electronic waste” or “e-waste” means any electronic device as defined in this chapter which is being collected for recycling, reuse or disposal.
(Ord. 2012-10 (part), 2012).
6.52.030 CERTIFICATION REQUIRED.
(a) No person, partnership, corporation or other entity shall collect any electronic device for recycling in the city of Santa Cruz unless the electronic device is delivered to a recycler which meets the certification standards required by the city, regardless of that recycler’s location.
(b) No electronic device recycler located within the city of Santa Cruz shall accept any electronic device for recycling unless that recycler meets the certification standards required by the city.
(c) The director of public works or the director’s designee shall maintain information on the acceptable third-party e-waste recycling certification standards and provide this information to collectors, recyclers and the community.
(Ord. 2012-10 (part), 2012).
6.52.040 PREEMPTION AND EXCLUSION.
(a) To the extent this chapter is preempted by an express provision of state or federal law, this chapter does not apply; and
(b) To the extent applicable laws and regulations governing a governmental entity prohibit application of this chapter to electronic device recycling organized in whole or in part by a governmental entity, this chapter does not apply.
(Ord. 2012-10 (part), 2012).
6.52.050 NOTIFICATION.
(a) All notices of e-waste collection events, activities or programs open or available to the public, whether mailed, delivered directly, or placed as advertisements in any media, must include the collector’s name, address, telephone number, web site address (if any) and the name of a contact person.
(b) All notices of e-waste collection events must indicate that all collected materials will be delivered to a certified e-waste recycler as required in this chapter, and must specify the recycler or recyclers to which materials will be delivered.
(c) Information required to be included in such notices must be prominently displayed at any e-waste collection event open or available to the public.
(d) No less than ten days before the beginning of any e-waste collection event, notification including all information in subsections (a) and (b) must be provided to the city of Santa Cruz by mail or as an email attachment as shown below:
City of Santa Cruz
Department of Public Works
Attn: Waste Reduction Manager
809 Center Street, Room 201
Santa Cruz, CA 95060
Email: contact 831-420-5160 for email address
(Ord. 2012-10 (part), 2012).
6.52.060 ENFORCEMENT.
Enforcement of this chapter shall be as follows:
(a) The director of public works, or designee, shall have primary responsibility for enforcement of this chapter and shall have authority to issue citations for violation of this chapter. The director, or designee, is authorized to establish regulations or administrative procedures to ensure compliance with this chapter.
(b) A person or entity violating or failing to comply with any of the requirements of this chapter shall be guilty of an infraction.
(c) The city of Santa Cruz may seek legal, injunctive, or any other relief to enforce the provisions of this chapter and any regulation or administrative procedure authorized by it.
(d) The remedies and penalties provided in this chapter are cumulative and not exclusive of one another nor of any remedies provided for in Title 4 of this code.
(e) Upon request of the director of public works or designee, electronic waste collectors and recyclers must provide invoices, manifests or other documents as requested to verify compliance with this chapter.
(f) The director of public works or designee may without notice inspect any electronic waste collector’s or recycler’s premises, vehicles, storage or other facilities to verify compliance with this chapter.
(Ord. 2012-10 (part), 2012).
6.52.070 VIOLATIONS.
Violations of this chapter shall be enforced as follows:
(a) Violation of this chapter is hereby declared to be a public nuisance. Any violation shall be subject to abatement by the city of Santa Cruz, as well as any other remedies that may be permitted by law for public nuisances, and may be enforced by injunction, upon a showing of violation.
(b) Upon a first violation, the director of public works, or designee, shall mail a written warning to the electronic device collector or recycler. The warning shall recite the violation, and advise that future violations may result in fines.
(c) Upon a second or subsequent violation by an electronic device collector or recycler, the following penalties will apply:
1. A fine not exceeding five hundred dollars for the first violation that occurs thirty days or more after the first warning.
2. A fine not exceeding one thousand dollars for every additional thirty-day period not in compliance, that occurs thirty days or more after the first warning.
(d) Remedies and fines under this section are cumulative.
(Ord. 2012-10 (part), 2012).
6.52.080 SEVERABILITY.
The provisions of this chapter are declared to be severable and if any provision, sentence, clause, section or part of this chapter is held illegal, invalid, unconstitutional or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this chapter or their application to persons and circumstances.
(Ord. 2012-10 (part), 2012).
6.52.090 EFFECTIVE DATE.
This chapter shall take effect six months from the date of adoption.
(Ord. 2012-10 (part), 2012).