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HomeMy WebLinkAbout116 - 10/16/1990 - AMENDING CITY CODE RELATING TO SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY AND ESTABLISHING LICENSI ORDINANCE NO. 116, 1990 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 15, ARTICLE XV, RELATING TO SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY AND ESTABLISHING LICENSING PROCEDURES FOR COLLECTING, TRANSPORTING AND CONVEYING SOLID WASTE AND RECYCLABLE MATERIALS UPON THE STREETS WITHIN THE CITY WHEREAS, the Council of the City of Fort Collins has determined that it is in the best interest of the citizens of the City, in the protection of the public health, safety and welfare to take action to promote the recycling of solid wastes for the purposes of enhancing the recovery of valuable natural resources, meeting the U.S. Environmental Protection Agency's national goal of 25 percent waste stream reduction, and extending the life of the Larimer County Landfill ; and WHEREAS, the citizens of the City have expressed overwhelming support for the development of resource recovery and recycling programs by the City; and WHEREAS, the Goals and Objectives of the City encourage the development of a solid waste material recovery and recycling program with the cooperation of the City, County and regional governments, private organizations and citizens; and WHEREAS, after considering various alternatives, the Council has further determined that it is necessary in the public interest to ensure that curbside recycling is made available to each solid waste collection service customer within the City by and through the various licensed solid waste collectors operating within the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 15, Article XV, be repealed and reenacted to provide as follows: ARTICLE XV. SOLID WASTE COLLECTION AND RECYCLING SERVICES Sec. 15-411. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section: Collector (hall mean the person or entity providing collection service. Commercial customers shall mean any premise utilizing collection service where a commercial , industrial or institutional enterprise is carried on, including, without limitation, restaurants, hospitals, schools, day care centers, office buildings, nursing homes, clubs, churches and public facilities. Curbside shall mean at or near the perimeter of the premises, whether or not there is a curb, but does not mean or permit placement on the sidewalk or in the street. If the curb and any sidewalk are of unitary construction, the term means behind the sidewalk. Curbside collection shall mean the collection of solid waste or recyclables placed at a curbside location or within a dumpster site. Household recycling container shall mean bags, bin-type containers , carts or bulk-volume dumpsters and plastic receptacles used for storing and setting out recyclable materials. Multi-family customers shall mean residential properties for which there is a communal system for the collection of solid waste. Recyclable materials shall mean materials which have been separated from solid waste and can be recovered as useful materials and are properly prepared for the purpose of recycling, provided that such materials have been designated by the City Manager as recyclable. Recycling shall mean the process of recovering useful materials from solid waste, including items for re-use. Refuse shall mean solid waste. Residential customers shall mean residential properties for which there is a curbside collection system for the collection of of solid waste. Service shall mean collecting, transporting or disposing of solid waste or recyclable materials. Solid waste shall mean all putrescible and nonputrescible waste, excluding discarded or abandoned vehicles or parts thereof, sewage, sludge, septic tank and cesspool pumpings or other sludge, discarded home or industrial appliances, hazardous wastes, materials used as fertilizers or for other productive purposes and recyclable materials which have been source separated for collection. Solid waste collector shall mean the person who provides solid waste collection service on a regular, recurring schedule. Source separation shall mean to separate recyclable materials from solid waste at the waste source. -2- Sec. 15-412. License required REQUIREMENT. (a) No person shall operate as a solid waste collector within the corporate limits of the city without first obtaining a collection license for such activity. (b) The following persons or entities are not required to obtain a solid waste collection license: (1) A civic, community, benevolent or charitable nonprofit organization that collects, transports and markets materials for resource recovery solely for the purpose of raising funds for a charitable, civic or benevolent activity; (2) A person who transports solid waste or recyclable materials produced by such person; (3) A property owner or agent thereof who transports solid waste or recyclable materials left by a tenant upon such owner's property, so long as such property owner does not provide solid waste collection service for compensation for tenants on a regular or continuing basis; (4) A demolition or construction contractor or landscaper who produces and transports solid waste in the course of such occupation, where the solid waste produced is merely incidental to the particular demolition or construction work being performed by such person. Sec. 15-413. Recycling requirement. (a) Curbside collection. All solid waste collectors licensed by the city shall make available to their customers, at the customers' option, curbside collection of recyclable materials, as said materials are designated from time to time by the City Manager as provided in Section 15-414 of this Article. Said curbside recycling services shall be offered by all licensed solid waste collectors in accordance with the phasing schedule as established in Section 15-421 of this Article. NOTWITHSTANDING THE FOREGOING, THE COLLECTION OF RECYCLABLE MATERIALS FROM MULTI-FAMILY AND/OR COMMERCIAL CUSTOMERS SHALL NOT BE REQUIRED IF THE COLLECTOR DETERMINES THAT THERE IS NOT SUFFICIENT SPACE AVAILABLE TO ALLOW THE PLACEMENT OF RECYCLING CONTAINERS WITHOUT ENCROACHING ON NEEDED PARKING AREAS OR ON THE SIDEWALK OR STREET, OR WITHOUT IMPAIRING OR IMPEDING BICYCLE, PEDESTRIAN OR VEHICULAR TRAFFIC. -3- (b) Collection of recyclable materials -- rights and duties of collectors. All licensed collectors of recyclable materials and solid waste operating within the city shall have with the following duties and rights: (1) Except for materials which customers have not properly prepared for recycling, collectors may not dispose of recyclable materials set out by recycling customers by any means other than at a recycling facility. Recyclable materials shall include all those materials designated by City Manager as materials which collectors must offer to collect for recycling. (2) Household recycling containers for storing and setting out recyclable materials must be made available by collectors to all solid waste customers who desire UTILIZE curbside recycling SERVICES within the city. The collector shall establish such rules and regulations as are necessary to provide for the orderly collection of recyclable materials, including requirements regarding the preparation of materials for collection , the collection of recyclable materials and requirements for source separation. (3)--All--sol id- waste--collected--shall--be-dispesed--of--in aeeerdanee--with--Seetion--15-419--e€--this--Artiele pertaiRing--te--the--dispesal--a€--solid--waste--and refuse: (43) In the event that a collector elects to perform collection of solid waste or recyclable materials through ;ubccntractors or agents, such agency relationship shall not relieve the collector of responsibility for compliance with the provisions of this Code and the rules promulgated hereunder. (54) All recyclable materials placed for collection shall be owned by and be the responsibility of the customer until the materials are collected by the collector. The material then shall become the property and the responsibility of the collector. No person oth:;r than the customer or the collector of recyclable materials shall take physical possession of any recyclable materials placed for collection. (c) Frequency of collection. (1) All collectors providing solid waste collection services to residential customers shall provide curbside recycling collection services to all such -4- customers who desire such services. Such curbside recycling collection services shall be provided on at least a once-monthly basis and on the same day as the day of collection of solid waste from the customer; provided, however, that collection of recyclable materials need not be accomplished on the same day as the collection of solid waste for multi-family dwelling units and dwelling units located within mobile home parks. (2) Collectors providing collection services to multi -family AND/OR COMMERCIAL customers shall provide services for the collection of recyclable materials from such customers who desire such serviceS on WITH such frequency as is necessary to prevent overflow of the recycling containers. # provided;--hewever;--ghat--eelleetien--e€--reeyelable materials-€rein-saeh-multi-family-dwellings-shall-net be--required-4f-the-eel leeter-determines-that-there is--net--su€€ieient--spaee--available-4e--allow--the placement- -ef- -reeyeling- -eenta4ners - -without enereaehing--en--needed--parking--areas--er--en--the sidewalk-er-street-er-4n-sueh-a-manner-as-to-4mpa4r er-4mpede-b4eyele;-pedestrian-er-veh4eular-traf€4e: (3) - Gelleeters- providing- eelleet4en - serv4ees -te eemmere4al-eustemers-shall-provide-serv4ees-for-the eelleetien- ef---reeyelable--inater4als---from---sueh customers-who-desire-such-serv4ee-en-sueh-frequeney as - -is- necessary- te- prevent- the- ever€lew- ef eontainers;--previded;--however;--that--eelleet4en--ef such--recyclable-materials--shall-net-be-required-4f the- -eel leeter- determines- that- there- 4s - net su€€4eient-spaee-available-to-allow-the-placement-of recyeling-eentainers-without-encroaching-en--needed parking--areas--or-en-the-sidewalk-er-street-er--ie saeh--a--manner--as--te--impair--er--4mpede--bieyele; pedestr4an--er-vehieular-tra€€4e: Sec. 15-414. Designation of recyclable materials. (a) The City Manager shall , on or before the 30th day of November of each year, after consultation with the Larimer County Board of Commissioners, the Natural Resources Advisory Board and representatives of the licensed solid waste collectors operating within the city, determine which items shall be designated for recycling collection based upon the following criteria: (1) Local , state and federal laws and regulations; (2) Potential for waste stream reduction; (3) Availability of markets; -5- (4) Market price; (5) Safety factors and risks of transportation; and (6) Risks of commingling of liquid wastes. (b) All collectors shall be responsible for notifying their customers of the items identified to be recycled. (c) The City Manager is authorized to promulgate such rules and regulations as are necessary to effectuate the implementation and enforcement of this Article. Sec. 15-415. Application for license. Any person desiring to obtain a license to engage in the business of solid waste er-feeyeling-materials collection shall make written application to the Financial Officer on forms provided by the city. The application shall include, without limitation, the following information: (a) The name and address of the applicant; (b) The principal place of business for the business to be conducted; (c) A list of vehicles owned and/or operated by the applicant directly in the collection of solid waste and/or recyclables, including vehicle make, color, year, cubic yard capacity, Colorado license plate number and empty tare weight. Sec. 15-416. License requirements -- fees AND INSURANCE. Upon approval of a license application, but prior to issuance, the collector shall furnish to the Financial Officer the following: (a) A license fee in the sum of Thirty-five Dollars (E35) for the first vehicle and Ten Dollars ($10) for each additional vehicle to be used in the business; and (b) Proof that the collector has obtained a general comprehensive liability/automobile insurance policy protecting the collector from all claims for damage to property or for bodily injury, including death, which may arise from operations under or in connection with this license and providing limits of coverage of not less than Five Hundred Thousand Dollars ($500,000) for bodily injury and property damage per occurrence or in the aggregate. -6- Sec. 15-417. Term of license. All licenses issued pursuant to this Article shall run from the date of issuance until the 31st day of December of the year in which such license is issued. All licenses shall expire on December 31 of each year. Licenses are not transferable. Sec. 15-418. Reeerds PLANS and reports. (a) Each collector licensed pursuant to this Article shall submit to the city as a part of the license application, a written plan describing how the recycling collection services will be structured by the firm or corporation for each customer class. Any changes to the plan shall be submitted to the city prior to implementation of the change. Said information may be disseminated by the city for public information purposes, without liability to any collectors for errors in the information if such errors were not the result of acts or omissions of the city. (b) All--eelleeters--shall--report--te--the-e#ty--biannually-en January-l-and-duly-I-e€-each-year;-en-€erms-to-be-provided-by-the eity;--the--quantities--ef--reeyelable--materials--eelleeted--and eustemer--partieipatien--rates-. ALL COLLECTORS SHALL REPORT THE QUANTITIES OF RECYCLABLE MATERIALS COLLECTED AND CUSTOMER PARTICIPATION RATES. SUCH REPORTS SHALL BE MADE ON FORMS TO BE PROVIDED BY THE CITY AND SHALL BE MADE BIANNUALLY FOR EACH FULL HALF YEAR OF CURBSIDE COLLECTION PERFORMED BY THE COLLECTOR. A "HALF YEAR" SHALL MEAN JANUARY 1 THROUGH JUNE 30 OR JULY 1 THROUGH DECEMBER 31. NO REPORT SHALL BE REQUIRED OF A COLLECTOR WHO HAS NOT PERFORMED CURBSIDE COLLECTION FOR A FULL HALF YEAR. ALL SUCH REPORTS SHALL BE SUBMITTED TO THE CITY MANAGER NO LATER THAN THIRTY (30) DAYS FOLLOWING THE CLOSE OF EACH HALF YEAR. Sec. 15-419. Disposal of solid waste/suspension of license. All persons holding licenses pursuant to this Article and engaged in the business of the collection of solid waste shall dispose of all such refuse and solid waste at the Larimer County Landfill or at any other disposal site which is approved by the state. No solid waste shall be disposed of at any other location either inside or outside of the city. The City Manager may, immediately AFTER NOTICE AND HEARING, suspend OR REVOKE the license of any person violating this Section. Sdek-suspeRsieR shall--remain-win-a€feet-for-not-mere-than-two-{2)-meRths-en-the €irst--vielatien:--1f-mere--than-eRe--vielatien-eeeurs;--the-City Manager-may-permanently-revoke-the-lieeRse: Sec. 15-420. Identification of vehicles. Each vehicle used in the solid waste collection business shall bear an identification sticker issued by the Financial Officer in -7- a conspicuous place upon the vehicle, which identification sticker shall be issued by the Financial Officer at the time the license is granted. Sec. 15-421. Phasing. (a) The collection of recyclable materials for residential customers as required by this Article shall commence on June 1, 1991 . (b) The collection of recyclable materials for multi-family customers as required by this Article shall commence on December 1, 1991. (c) The collection of recyclable materials for commercial customers as required by this Article shall commence on June 1, 1992. Introduced, considered favorably on first reading, and ordered published in summary form this 2nd day of October, A.D. 1990, and to be presented for final passage on the 16thday of October, A.D. 1990.� Mayor ATTEST: City Clerk Passed and adopted on final reading this 16th day of October, A.D. 1990. Mayor AT EST: \ City Clerk J -8-