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AMENDMENT TO TITLE 8 OF THE STOCKTON MUNICIPAL CODE RELATED TO INDUSTRIAL WASTE COLLECTOR PERMITS
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RECOMMENDATION
It is recommended that the City Council adopt an Ordinance to amend Title 8, Chapter 8.04 of the Stockton Municipal Code, concerning industrial waste collector permits:
1. To delete references to previously issued and expired permits, including the expiration date of December 31, 2024.
2. To add language specifying a permit expiration period of five years after the date of issuance.
3. To add language clarifying the extension of such permits.
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Summary
Chapter 8.04 of the Stockton Municipal Code (SMC) contains provisions regulating industrial waste collection. It is recommended that Council adopt an Ordinance to amend the SMC to delete references to previously issued and expired permits, including the expiration date of December 31, 2024, to add language specifying a permit expiration period of five years after the date of issuance, and to add language clarifying the extension of such permits (Attachment A).
If approved, the Ordinance would not change any other provision related to the current industrial waste collector permitting requirements contained in the SMC.
DISCUSSION
Background
Industrial waste collection is not part of the City’s exclusive franchise agreements, and a separate permitting process is in place to manage this waste stream. Any qualified hauler can provide this service by paying the permit fee and obtaining approval of the majority of the City Council as required by the SMC.
The following companies hold active industrial waste collector permits that are valid through December 31, 2024:
• Sunrise Sanitation, Inc. (Republic Services), Stockton, CA
• USA Waste of California, Inc. (WM, formerly Waste Management), Stockton, CA
• California Waste Recovery Systems, LLC (Cal-Waste), Galt, CA
Historically, industrial waste collector permits are issued to be active for five years from the date of issuance. If the hauler met all of its obligations outlined in the SMC, staff would recommend a five-year permit extension for City Council approval. If the industrial waste hauler was in good standing, up to two five-year extensions were allowed. Thus, an industrial waste collector permit holder could have an active permit for 15 years before applying for a new industrial waste collector permit and paying the issuance fee, currently $100,000, as set by the City Council.
Present Situation
Staff recommends deleting calendar dates for previously issued and expired permits, including the date of December 31, 2024, and adding language specifying a permit expiration period of five years after the date of issuance. Doing so eliminates the need to return to the City Council to amend the SMC related to the issuance and expiration date of industrial waste collector permits.
The proposed Ordinance amends Chapter 8.04 of the SMC sections 8.04.290, 8.04.300, and 8.04.340 (Attachment A). All current industrial waste collector permit holders are unaffected by the proposed municipal code changes. Each company has reached the maximum allowed permit extensions and has submitted applications for new industrial waste collector permits. If approved, the new permits would be effective January 1, 2025.
Findings
The findings to support approval of the proposed Ordinance are as follows:
1. SMC section 8.04.290 provides that an industrial waste collector must have a permit to conduct such business in Stockton.
2. There are currently three permitted industrial waste collectors whose permits will expire on December 31, 2024, requiring an amendment to the SMC.
3. The current permit holders, Sunrise Sanitation, Inc. (Republic Services), USA Waste of California, Inc. (WM, formerly Waste Management), and California Waste Recovery Systems, LLC (Cal-Waste), are in good standing with the City of Stockton and are operating within the terms of their current permits.
4. It is in the best interest of the City to allow continued industrial waste collection services without interruption and to eliminate past issuance and expiration dates from the SMC related to industrial waste collector permits.
5. It is further in the best interest of the City to specify the term of industrial waste collector permit periods and extensions.
FINANCIAL SUMMARY
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.
Attachment A - Proposed Ordinance - Redline Version