EC2401.SR.DD
CITY OF SIMI VALLEY
MEMORANDUM
February 10, 2025
TO: City Council
FROM: Department of Public Works
SUBJECT: A PUBLIC HEARING TO CONSIDER INTRODUCTION OF AN ORDINANCE AMENDING TITLE 6 CHAPTER 3 (RUBBISH COLLECTION
AND DISPOSAL) TO INCORPORATE CHANGES REGARDING HAULING
OF SOLID AND ORGANIC WASTE
STAFF RECOMMENDATION
It is recommended that the City Council conduct a public hearing and introduce for first reading Ordinance No. 1362 (page 6), amending Chapter 6.03, of the Simi Valley Municipal Code.
BACKGROUND AND OVERVIEW
The City’s solid waste and recycling requirements are found in the Simi Valley Municipal Code under Title 6 (Sanitation and Health ). On January 22, 2022, Chapter 6.03 was amended by Ordinance 1332 to enact enforcement authority for organics waste diversion, formalize automated organic waste recycling and update terminology. These regulations became effective February 22, 2022.
The California Department of Resources Recycling and Recovery (CalRecycle) evaluates a jurisdiction’s compliance with recycling mandates and requirements. This includes a review of annual reports and recordkeeping, conducting inspections and compliance reviews, in addition to a review of a jurisdiction’s enforceable ordinances. CalRecycle recently evaluated the City’s municipal code for compliance with SB 1383, the Short-Lived Climate Pollutants Reduction Act, and identified two necessary updates: (1) incorporating a recordkeeping process for self -hauling of recyclables and organic waste, and (2) defining an enforcement process for non-authorized haulers.
FINDINGS AND ALTERNATIVES
For many years , the City has allowed self -hauling of recyclables and organic waste through an online waiver approval process. SB 1383, the Short-Lived Climate Pollutants Reduction Act, added additional requirements for cities to approve self-haulers. For self- haulers to be compliant with SB 1383, they must identify the facilities where the organic waste will be hauled and delivered, maintain weight records of hauled organic material, and comply with organic waste diversion requirements as well as identify the need for a defined enforcement process for non -authorized haulers. Ordinance No. 1362 updates
AGENDA ITEM NO.
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EC2401.SR.DD
these requirements and brings the City into State compliance regarding self-hauler approval.
In the past three years, non- authorized haulers have increasingly operated in the City , frequently placing poorly maintained and unmonitored roll-off containers in the public right of way without a City required Encroachment Permit. Additionally, these non-authorized haulers do not pay a franchise fee to the City and impact the City’s ability to assess and receive critical diversion credit for construction and demolition debris and green waste material, which is necessary for compliance with current statewide solid waste and recycling mandates.
Additionally, r eporting on landfill diversion has been in place for many years , a s established by AB 939. Under this bill, the City is required to divert a minimum of 50% of all materials that would otherwise be landfilled. Unauthorized hauling reduces the City’s diversion percentage when containers are not transported to the Simi Valley Landfill for recycling.
Staff routinely works with Waste Management (WM), the City’s current franchised hauler, to comply with State solid waste disposal and recycling/recovery regulatory mandates.
Under this proposed code modification, WM would assist with reporting to the City the locations of non-authorized roll-offs found during their routine pick-up operations. WM, in collaboration with the City, will also be required to help educate residents on the requirement that they only utilize authorized haulers and provide information enabling City staff to issue a N otice of Violation, if necessary. City staff will then coordinate work with the franchised hauler to implement necessary outreach, education, inspection, and enforcement programs to help customers obtain properly approved roll -off services through a franchised hauler.
The process for enforcement after the discovery of an unauthorized hauler will begin by posting a Notice of Violation, in a clearly visible area on the illegal roll -off container. The Notice of Violation will cite the municipal code and request that the container be removed within 24 hours. If the container is not removed within the given timeframe, the City will contact WM to impound the container. To retrieve the container, the unauthorized hauler must pay a fee of $900 to WM, as established by the City’s existing Franchise Agreement.
This enforcement process is similar to those found in the City of Moorpark and other neighboring cities.
The City may extend the deadline stated in the Notice of Violation if and after a request by the owner and the City staff finds compliance impracticable because there are extenuating circumstances beyond the control of the owner or rental entity. Examples of extenuating circumstances may include:
• Acts of God, including earthquakes, wildfires, flooding, and other emergencies or natural disasters.
• Inability to obtain alternate service from the approved franchised hauler due to a lack of container inventory.
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Staff evaluated the Simi Valley Municipal Code for compliance with SB 1383, the Short - Lived Climate Pollutants Reduction Act . Code deficiency gaps were identified with the record-keeping process for self-hauling recyclables and organic waste, diversion requirements, and a need for a defined enforcement process for non-authorized haulers.
Staff, therefore, recommends that the City Council introduc e an ordinance to update the Simi Valley Municipal Code.
The f
ollowing alternatives are available to the City Council:
1. Intr
oduce for first reading Ordinance No. 1362 amending Chapter 6.03, of the Simi Valley Municipal Code;
2. Pr
ovide other direction to staff.
St
aff recommends Alternative No. 1.
SUGGESTED CITY COUNCIL MOTION
I m ove to introduce Ordinance No. 1362 , m odifying Chapter 6.0 3, of t he Simi V alley Municipal Code.
SUMMARY
SB 1383, the Short -Lived Climate Pollutants Reduction Act, added additional requirements for cities to approve self -haulers. For self-haulers to be compliant with SB 1383, they must identify the facilities where the organic waste will be hauled and delivered, maintain weight records of hauled organic material , and comply with state or
ganic waste diversion requirements. As established by AB 939, the City is required to divert a minimum of 50% of material that would otherwise be landfilled. In the past three years, non-authorized haulers have increasingly operated in the City, adversely impacting critical diversion credit for construction and demolition debris or green material.
Ordinance No. 1362
brings the City into compliance with these regulations and introduces an e nforcement process for non-authorized roll-offs and haulers. ______
______________________________
Ronald K. Fuchiwaki
Public Works Director
Pr
epared by: Wes Yates, Environmental Compliance Program Coordinator INDEX Page
Publ
ic Hearing Procedure ........................................................................ 4 Ordinance No. 1362 ................................................................................. 6 3 PUBLIC HEARING PROCEDURE
HEARING DATE: February 10, 2025
1. CITY CLERK: This is the time and place set for a public hearing to consider amending provisions of the Solid Waste Municipal Code, and introduction of an ordinance. (Read by City Clerk including reading of Resolution AND/OR Ordinance if applicable)
2. MAYOR: Before we begin, are there any ex parte communications to report?
3. A
NY COUNCIL
MEMBER: (Report)
4. MAYOR: Staff may begin with the oral report on this matter.
5. STAFF: (Report)
6. MAYOR: Any questions of staff from City Council Members? (Questions of staff and staff response)
7. MAYOR: At this time I would like to open the hearing for anyone in the City Council Chambers wishing to be heard on this matter?
8. AUDIENCE: Public Testimony and Comments
9. MAYOR: Does Staff desire to respond to any comments or issues raised?
10. STAFF: (Response to comments and additional City Council questions)
11. MAYOR: The hearing is now closed.
12. MAYOR: Any further comments or questions from City Council Members? (ADD THE FOLLOWING NOTE ONLY IF THERE
IS A NON-CITY APPLICANT) (Note: If the City Council has any further questions of staff or the applicant at this time, the Public Hearing may need to be re-opened.)
13. MAYOR: I will now entertain a motion.
4 14. ANY COUNCIL
MEMBER : NOTE: PICK THE APPLICABLE ACTION(S) & CHANGE ITEM NUMBER(S) OF ACTION(S) AS NEEDED:
City Council Actions (by motion of any Council Member):
1) Introduce, modify, or not introduce Ordinance No. 1362 amending Chapter 6, Title 3 of the Simi Valley Mujicipal Code relating to the regulation of solid waste storage, collection, disposal, transfer, and resource recovery _____ (does not require a second or a vote; requires reading of ordinance);
2) Adopt, modify, or not adopt Resolution No. ______
(requires a second and a vote; requires reading of
resolution).
*Any action to refer the matter back to staff or to continue the matter requires a second and a vote.
15. ANY COUNCIL
MEMBER : Second
16. MAYOR: (Call for vote)
17. MAYOR: Proceed to the next item.
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ORDINANCE NO. 1362
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY AMENDING TITLE 6 CHAPTER 3 OF THE
SIMI VALLEY MUNICIPAL CODE RELATING TO THE
REGULATION OF SOLID WASTE STORAGE,
COLLECTION, DISPOSAL, TRANSFER, AND RESOURCE
RECOVERY
WHEREAS, Chapter 6.03 of the Simi Valley Municipal Code regulates solid waste storage, collection, disposal, transfer and resource recovery; and
WHEREAS, Chapter 6.03 of the Simi Valley Municipal Code requires revisions to provide enforcement authority over illegal waste hauling; and
WHEREAS, Chapter 6.03 of the Simi Valley Municipal requires revisions to regulate self-hauling of organic waste.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 6-3.02 (Definitions) of the Simi Valley Municipal Code is hereby amended to include the following new definitions, such definitions to be added into such Section in alphabetical order:
“Franchisee,” “franchised collector,” “franchised solid waste collector,” “authorized solid waste collector,” or such alternate phraseology thereof, shall mean a hauler awarded a franchise agreement by the City Council.
“Self Hauler” shall mean a person who: (i) in accordance with all applicable laws may haul discarded recyclable materials, solid waste or organic waste, and (ii) is not primarily engaged in the business of collection, removal or transportation of discarded materials, but in the course of performing the person's primary business function incidentally transports discarded materials with equipment owned or leased by that person. A self -hauler may haul: (a) construction and demolition debris incidental to work undertaken by a licensed contractor; (b) a landscape or gardening service that hauls organic materials; or (c) the sale or donation of recyclable material he or she has generated to another person, so long as no payment, including reduced or net fees to a hauler, are paid to a third party. Self - hauler also includes a person who back -hauls organic waste; "back-haul" means generating and transporting organic waste to a destination owned and operated by the generator using the generator's employees and equipment.
SECTION 2 . Current Section 6- 3.15 (Scavenging) is renumbered to be codified as Section 6-3.16, and a new Section 6-3.15 (Self-Haulers) is added to Chapter
6.03 of the Simi Valley Municipal Code to read as follows:
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Sec. 6-3.15 Self-Haulers.
(a) A ll self-haulers, prior to waiver approval, must identify the facilities to which they will transport organic waste. The City reserves the right to adopt an application and permit procedure, which may be adopted by City policy or City Council resolution, for the identification, registry and/or regulation of self - haulers.
(b) Any self-hauler shall haul source-separated organic waste to a solid waste facility operation, activity, or property that processes or recovers source- separated organic waste.
(c) Self-haulers, other than residential generators, of organic waste shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste. This record shall be subject to inspection by the City.
(d) Organic waste delivery records for self-haulers shall include delivery receipts and weight tickets, and the amount of material in cubic yards transported by the generator to the facility.
SECTION 3. The following sections of Chapter 6.0 3 of the Simi Valley Municipal Code are hereby renumbered for codification purposes as follows below (old section numbers shown in red strikethrough). No other revisions are made to the text of the following renumbered sections, excepting where shown in [italicized brackets] certain revisions to internal Code citations are made:
Sec. 6-3.156 Scavenging.
Sec. 6-3.167 Fees, franchises, and licenses.
Sec. 6-3.178 Commercial discard collection: License: Applications.
Sec. 6-3.189 Commercial discard collection: Licenses: Applications: Approval.
Sec. 6-3.1920 Commercial Discard Collection: Trucks and equipment in general.
Sec. 6-3.2021 Commercial discard collection: Standards.
Sec. 6-3.2122 Need and necessity hearings . [Internal citations contained in this Section referring to Section 6- 3.23 are hereby revised to reference Section 6-
3.24].
Sec. 6-3.2223 Subcontracting services.
Sec. 6-3.2324 Revocation of commercial discards collection licenses.
Sec. 6 -3.2425 Commercial discard collection: Prohibition against assignment without consent.
Sec. 6-3.2526 Commercial discard collection: Insurance.
Sec. 6-3.2627 Commercial discard collection: City to be free from liability.
Sec. 6-3.2728 Exemptions and exclusions.
Sec. 6-3.2829 Franchise standards.
Sec. 6-3.2930 Flow control.
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Sec. 6-3.3031 Recyclable commodities collection: Applications: Licenses.
Sec. 6-3.3132 Collection of recyclable commodities.
Sec. 6-3.3233 Violations.
SECTION 4. A new Section 6- 3.34 (Removal of unauthorized containers) is hereby added to Chapter 6.03 of the Simi Valley Municipal Code to read in its entirety as follows:
Sec. 6-3.34 Removal of unauthorized containers.
(a) No person other than a City authorized solid waste collector shall place a container for the accumulation of solid waste on any public right -of-way or at any premises within the City to collect any solid waste from any premises or permit or suffer a solid waste container to remain in any place within the C ity that has not been placed by an authorized solid waste collector. (b) The City may post a notice to remove, as described below, on any unauthorized container placed on any public right-of-way or public or City-accessible private property within the City, in violation of this chapter in accordance with any applicable law. The notice to remove the container shall specify the nature of the violation and shall state that the unauthorized container must be removed within 24 hours, or by a specific date and time as determined by the City on a case by case basis . The container may be impounded and held by the City franchised solid waste collector , responsible for the public or City -accessible private property location where the container was placed, and the contents disposed of at the expense of the owner thereof , at the discretion of the franchised solid waste collector.
(c) If the unauthorized container is not removed within 24 hours after the notice to remove is posted or by the date and time specified on the notice, the City may direct the impoundment and storage of the unauthorized container and its contents if they contain solid waste. In all cases where the owner of the unauthorized container, whether acting alone or in concert with others, including any affiliate, agent, broker or subcontractor, has solicited, accepted or arranged for, directly or indirectly, the payment of a fee or other consideration in any form or amount from the customer in exchange for rendering all or any aspect of the service for which the container was supplied, the owner of the container shall reimburse the C ity franchisee for the actual cost of impoundment, storage and disposal of the contents of the container. All amounts due to the C ity franchisee for the cost of impoundment and disposal must be paid before the container may be returned to the owner. (d) If a container that has been impounded pursuant to this section is not claimed within 30 days after removal and notice to the owner, the container and its contents shall be deemed abandoned property and may be disposed of accordingly. Where the contents present imminent threat to public health and safety or consist of putrescible matter, medical waste or hazardous waste, as determined by the City, the waste may be processed or disposed of without awaiting the expiration of the 30 day claim period.
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SECTION 5. Force and Effect of Remainder . Except as amended by this Ordinance, all other provisions of Chapter 3 of Title 6 of the Simi Valley Municipal Code remain unchanged and in full force and effect.
SECTION 6. Severability. If any provision of this Ordinance is declared invalid by a court of competent jurisdiction, adjudicated to a final determination, the City Council finds that said voided part is severable, that the City Council would have adopted the remainder of this Ordinance without the severed and voided part, and that the remainder of this Ordinance shall remain in full force and effect.
SECTION 7. The City Clerk shall cause this ordinance or a summary hereof to be published in a newspaper of general circulation, published in the County of Ventura and circulated in the City, and if applicable, to be posted, in accordance with Section 36933 of the California Government Code; shall certify to the adoption of this ordinance and shall cause a certified copy of this ordinance, together with proof of publication, to be filed in the Office of the Clerk of this City.
SECTION 8. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.
PASSED and ADOPTED this 10th day of February 2025.
Attest:
Lucy Blanco, City Clerk Dee Dee Cavanaugh, Mayor of the City of Simi Valley, California
Approved as to Form: Approved as to Content:
Algeria R. Ford, City Attorney Samantha C. Argabrite, City Manager
Ronald K. Fuchiwaki
Public Works Director
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