Chapter 2.30
RECYCLING SERVICE FEE

Sections:

2.30.010    Short Title.

2.30.020    Findings and Purpose.

2.30.030    Authority.

2.30.040    Responsibility.

2.30.010 Short Title.

This chapter shall be known as the “Recycling Service Fee Ordinance.” (Ord. 90-6 § 1 (part), 1990)

2.30.020 Findings and Purpose.

The Newport Beach City Council finds and declares that:

A.    The State Legislature has determined that the amount of solid waste generated in the State, coupled with diminishing landfill space and the potential adverse environmental impacts of landfilling, creates an urgent need for state and local agencies to enact and implement aggressive new integrated waste management programs; and

B.    The State Legislature has adopted a comprehensive statutory scheme designed to reduce the amount of solid waste disposed of in landfills and, to that end, requires cities and counties to recycle at least twenty-five (25) percent of the solid waste stream beginning January 1, 1995; and

C.    Disposal sites in Orange County are nearing capacity, the Coyote Canyon Landfill is to be closed April, 1990, and there is a present need for all public and private haulers to reduce the volume of waste deposited in county facilities; and

D.    Programs which require resident participation in recycling efforts have been well received but, even with ninety (90) percent participation, only six to eight percent of the solid waste stream is recycled; and

E.    Private recyclers are the best vehicle for satisfying recycling obligations and do so at a cost below that which the City would incur if it were to utilize its own employees and equipment;

F.    The fee authorized by this chapter is limited to recovery of additional costs incurred by the City in satisfying state mandated recycling requirements and shall not be used to reduce the cost or expense of collecting, hauling and disposing of solid waste;

G.    The person or business paying for water from the City of Newport Beach is most likely receiving trash pickup services. (Ord. 90-6 § 1 (part), 1990)

2.30.030 Authority.

The City Council is authorized to impose, by resolution, a recycling service fee on persons and/or businesses receiving trash services from the City of Newport Beach. The authority conferred upon the Council is subject to the following limitations:

A.    The amount of the fee shall be strictly limited to the additional costs and expense incurred by the City in satisfying state mandated recycling requirements and, in no event shall any portion of the fee collected be used to defray the ordinary expenses incurred by the City in collecting, hauling and disposing of solid waste;

B.    The fee shall not extend to persons or businesses whose solid waste is collected by private haulers. (Ord. 90-6 § 1 (part), 1990)

2.30.040 Responsibility.

The recycling service fee imposed pursuant to the provisions of this chapter shall be the obligation of the person(s) or businesses responsible for the payment of water service if water is supplied to the property by the City of Newport Beach. In the event water service is not provided by the City of Newport Beach, payment of the recycling service fee shall be the responsibility of the owner of the property. (Ord. 90-6 § 1 (part), 1990)