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Ordinance 20-04ORDINANCE NO. 2020-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING SECTION 16.05.090 OF THE EASTVALE MUNCIPAL CODE REGARDING DISPOSAL OF RECYCLABLES WHEREAS, AB 341, codified in Public Resources Code Sections 42649 - 42649.7, requires any business that generates four cubic yards or more of commercial solid waste per week and multifamily residential dwellings of five units or more to arrange for recycling services, and required local jurisdictions to implement commercial solid waste recycling programs that may include enforcement provisions that are consistent with the Jurisdiction's authority; and WHEREAS, AB 1826, codified in Public Resources Code Sections 42649.8 - 42649.87, requires business that generate certain amounts of organic waste or commercial solid waste per week to arrange for organic waste recycling services, and required local jurisdictions to implement commercial organic waste recycling programs that may include enforcement provisions that are consistent with the jurisdiction's authority; and WHEREAS, this Ordinance is intended to enhance the City's ability to enforce compliance with AB 341 and AB 1826. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS FOLLOWS: SECTION 1. AMENDMENT OF SECTION 16.05.090. Section 16.05.090 (Disposal of Recyclables) of the Eastvale Municipal Code is hereby amended to read as follows: "16.05.090. - Disposal of recyclables. A. It shall be mandatory for all generators of residential, commercial, and industrial recyclables in the City that generate the minimum volume of solid wastes specified in any existing or future State laws or regulations (including but not limited to Public Resources Code Section 42649.2) to separate from solid waste, for recycling purposes, all designated recyclables. Furthermore, it shall be mandatory for all residential, commercial and industrial generators of organic waste (as defined in Public Resources Code section 42649.8) in the City that generate the minimum volume of organic waste specified in any existing or future State laws or regulations (including but not limited to Public Resources Code Section 42649.81) to separate from solid waste, for recycling purposes, all designated organic waste. The generators of recyclables or organic wastes required by existing or future State laws or regulations to source separate recyclables and organic wastes may dispose of their recyclables and organic wastes by arranging for collection by the franchisee, self-hauling, or recycling organic wastes on-site. B. Nothing in this chapter limits the right of any person to sell, donate or otherwise dispose of materials that could be recyclable. If such materials are deposited into the franchisee's containers or bins, the material recyclables become solid waste and the property of the franchisee.