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Ordinance 23-27ORDINANCE NO. 23-27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING ARTICLE I AND ARTICLE IV CHAPTER 16.05 (SOLID WASTE COLLECTION AND DISPOSAL) OF THE EASTVALE MUNICIPAL CODE WHEREAS, the City's solid waste and disposal ordinance is codified in Chapter 16.05 of the Eastvale Municipal Code; and WHEREAS, Article I sets forth the definitions of words, terms and phrases utilized in the chapter. WHEREAS, Article IV establishes self -haul requirements and restrictions for residential and commercial premises. WHEREAS, the City Council now desires to amend Article IV to permit commercial and multi- family self -hauling of organic waste and non -organic recyclables. WHEREAS, the City Council now desires to amend Article I to add and revise certain definitions to reflect commercial self -hauling and back -hauling activities. WHEREAS, Senate Bill 1383 requires jurisdictions that allow commercial self -hauling to adopt an enforce and ordinance or enforceable mechanism that requires compliance with the requirements in Section 18988.3 of Article 7. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS FOLLOWS: SECTION 1. AMENDMENT OF CHAPTER 16.05 — ARTICLE I. Section 16.05.020 is hereby amended to include and update the following definitions. Back -haul means generating and transporting solid waste to a destination owned and operated by the generator using the generator's own employees and equipment. Self -hauler means a person or business, who, in compliance with all applicable requirements of the City Code, hauls solid waste, organic waste or recyclable material he or she has generated directly to the appropriate facility, as required by this chapter. Self -hauler also includes a person or business that back -hauls solid waste. Self -haul permitee means a person or business that has received a self -haul permit. SECTION 2. AMENDMENT OF CHAPTER 16.05 — ARTICLE IV is hereby amended to in its entirety to read as shown in Exhibit "A." SECTION 3. This ordinance is not subject to review under the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment (14 Cal. Code Regs § 15061 (b)(3)). SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 5. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Eastvale' book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 6. This Ordinance will take effect on the 30th day following its final passage and adoption. PASSED, APPROVED AND ORDAINED this loth day of January, 2024. Christian Dinco Mayor APPROVED AS TO FORM: ATTEST: �l Erica Vega Marc A. Donohue, MMC City Attorney - City Clerk/Communications Director STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) § CITY OF EASTVALE ) I, Marc A. Donohue, City Clerk/Communications Director of the City of Eastvale, California, do hereby certify that the foregoing Ordinance No. 23-27, was introduced at a regular meeting of the City Council of the City of Eastvale held on the 13th day of December, 2023, and was passed by the City Council of the City of Eastvale at a regular meeting held on the loth day of January, 20241 by the following vote: AYES: Councilmembers Lorimore, Rigby, Yow, Mayor Pro Tern McMinn, and Mayor Dinco NOES: ABSENT: ABSTAIN: Marc A. Donohue, MMC City Clerk/Communications Director