8.12.101 Findings.
The city council finds as follows:
A. The city is responsible for protection of public health and the environment. The city is not only authorized but required to provide solid waste handling services to its citizens under the provisions of the California Integrated Waste Management Act (sometimes referred to as "AB 939") found in Public Resources Code Section 40000 et seq., including:
1. source reduction,
2. recycling and composting, and
3. collection, transfer and disposal
of solid waste within the city boundaries subject to its solid waste handling jurisdiction, under Public Resources Code Section 40057.
B. The city is also responsible for waste diversion and commercial recycling programs. Under the California Integrated Waste Management Act, the city must promote recycling and maximize the use of feasible source reduction, recycling, and composting options in order to reduce the amount of solid waste that must be disposed of by land disposal. In particular, it must:
1. Under AB 939, reduce at least fifty percent of that solid waste from disposal (of which fifty percent, ten percent may be disposed by incineration), or face possible fines of up to ten thousand dollars per day;
2. Under Chapter 476, Statutes of 2011 [Chesbro, AB 341]/Public Resources Code Section 42649.3, make good faith efforts to implement a mandatory commercial recycling program to the satisfaction of CalRecycle, including all of the following:
a. Education;
b. Outreach;
c. Monitoring; and
d. Reporting to CalRecycle.
In addition, under AB 341 the state has set a goal to divert seventy-five percent of solid waste from disposal.
C. The city is potentially liable for solid waste generated in the city. Municipalities like the city have also generally been held liable under federal Superfund laws for costs of cleaning up hazardous waste sites that accepted municipal solid waste generated within the municipalities’ jurisdictions. Therefore, the city is prudent to provide for terms and conditions of its solid waste discard, recycling, and disposal in accordance with this chapter, and the rules and regulations promulgated under this chapter. (Ord. 633 (Att. A), 2013).