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03
City of Pleasanton
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CITY CLERK
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2013
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12/5/2016 2:57:07 PM
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12/11/2013 3:08:59 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
12/17/2013
DESTRUCT DATE
15Y
DOCUMENT NO
03
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(f) Enforcement of Phase 1 of this Ordinance(as set forth in Section 13 of this <br /> Ordinance) shall not occur before July 1, 2012. Enforcement of Phase 2 of this <br /> Ordinance shall not occur before July 1, 2014. Prior to those dates, the Authority <br /> will conduct outreach and educational efforts regarding the requirements of the <br /> Ordinance. From July 1,2012 to December 31,2012 for Phase 1,and from July <br /> 1, 2014 to December 31,2014 for Phase 2,enforcement will consist of warnings <br /> rather than enforcement action. Enforcement action will be taken,as needed, <br /> after January 1, 2013 for Phase 1 and after January 1,2015 for Phase 2. <br /> (g) Property Owners will not be held responsible for violations of this Ordinance by <br /> Waste Generators,and Waste Generators shall not be held responsible for <br /> violations of this Ordinance by Property Owners,unless they are the same person, <br /> and so long as they cooperate with the Enforcement Official and Authority <br /> Representatives as necessary to clarify responsibility for violations. Failure to <br /> cooperate in determining responsibility as described above is a violation of this <br /> Ordinance. <br /> (h) Regulated Haulers will not be held responsible for violations of this Ordinance by <br /> High Diversion Mixed Waste Processing Facilities,and High Diversion Mixed <br /> Waste Processing Facilities shall not be held responsible for violations of this <br /> Ordinance by Regulated Haulers,unless they are the same person,and so long as <br /> they cooperate with the Enforcement Official and Authority Representatives as <br /> necessary to clarify responsibility for violations. <br /> SECTION 12(Local Regulation and Opt-Out and Opt-In Provisions) <br /> (a) Local Regulation.Nothing in this Ordinance shall be construed to prohibit any <br /> Member Agency from enacting and enforcing ordinances and regulations <br /> regarding the collection, transport, storage, processing, and Deposit in Landfill(s) <br /> of Solid Waste within its jurisdiction, including more stringent requirements than <br /> those in this Ordinance. <br /> (b) Opt-Out Provision. Any Member Agency by a resolution of its governing body <br /> may,prior to March 2,2012,choose to exclude its service area from Sections 4, 5, <br /> and 8, Phase 1 of this Ordinance. Any Member Agency by a resolution of its <br /> governing board may,prior to January 1, 2014,choose to exclude its service area <br /> from Sections 4, 5,and 8, Phase 2 of this Ordinance. <br /> (c) Opt-In Provision. Any Member Agency that chooses to iexclude its service area <br /> from either Phase 1 or Phase 2 may request of the Authority by a resolution of its <br /> governing board to be re-included in coverage of the Ordinance at any subsequent <br /> time. Such coverage under the Ordinance,however, shall not occur unless it is <br /> accepted in writing by the Enforcement Official or the Authority Board, and shall <br /> become effective only on the date specified in such written acceptance. Such <br /> acceptance shall not be unreasonably withheld or delayed. <br /> (d) Dispute Resolution. In the event of a dispute between the Authority and a <br /> 15 <br />
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