HomeMy WebLinkAbout058 - 06/06/1995 - AMENDING CITY CODE REGARDING SOLID WASTE COLLECTION AND RECYCLING ORDINANCE NO. 58, 1995
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 15, ARTICLE XV OF THE CODE
REGARDING SOLID WASTE COLLECTION AND RECYCLING
WHEREAS,as a part of its 1993-1995 Policy Agenda,the Council of the City of Fort Collins
has identified as an important City goal, increasing participation in curbside recycling and reducing
the number of trash trucks on residential streets; and
WHEREAS, the Staff has developed a program for the establishment of an integrated waste
management plan which would help to accomplish the aforesaid goals; and
WHEREAS, the proposed Integrated Municipal Solid Waste Management Plan focuses on
the enunciation of the City's goals and objectives; educating the public with regard to recycling and
waste reductions; establishing commercial and residential recycling services as a mandatory portion
of the basic trash service to be provided to customers within the City; and promoting composting and
the reduction of the number of trash trucks operating on residential streets in the City; and
WHEREAS,pursuant to Resolution 95-63 of the Council of the City of Fort Collins,the Staff
was directed to take the necessary actions to implement the Integrated Municipal Solid Waste
Management Plan; and
WHEREAS,the purpose of this Ordinance is to amend Article XV of Chapter 15 of the Code
of the City of Fort Collins regarding solid waste collection and recycling to accomplish certain of
the goals and objectives as enunciated in said Integrated Municipal Solid Waste Management Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the definition of the term "Commercial Customers" as contained in Section
15-411 of the Code of the City of Fort Collins be, and hereby is, amended to read as follows:
Commercial customers shall mean any premises utilizing collection service where
a commercial, industrial or institutional enterprise is carried on, including, without
limitation, retail establishments, restaurants, hospitals, schools, day care centers,
office buildings, nursing homes, clubs, churches and public facilities.
Section 2. That Section 15412 of the Code of the City of Fort Collins be amended to read
as follows:
Sec. 15-412. License requirement.
(a) License Required. 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) Exemptions. 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 owners 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.
(c) Volume Based Rates. Commencing January 1, 1996, any person licensed to
operate as a solid waste collector within the City shall charge all customers solely on
the basis of the volume of solid waste collected, with such charge to be proportional
to each gallon of container size; provided, however, that such charge need not be
based upon the volume of solid waste deposited within each such container. In order
to further ensure that the charge for the collection of solid waste is based upon
volume as required above, any person licensed as a solid waste collector shall, with
respect to single family and two family residential customers, provide to such
customers disposable bags, or labels to be affixed to non-disposable containers
showing the volume of such containers, or shall establish another system for
accomplishing the same purpose which is acceptable to the City. The charge for such
bags,labels or other system shall be paid by the customers of the collectors, and shall
be proportional to each gallon of container size. No such solid waste collector shall
collect or transport solid waste which has not been placed for collection through such
system or in bags or containers upon which such labels have been affixed. upon
emptying any such containers, the collector shall remove or otherwise void all such
labels. The provisions of this subsection shall not be construed as prohibiting any
collector from also establishing rules and regulations regarding the maximum weight
of containers of solid waste and/or recyclable materials.
Section 3. That Section 15-413 of the Code of the City of Fort Collins be amended to read
as follows:
Sec. 15-413. Recycling requirement.
(a) Curbside%nsite collection.
(1) All solid waste collectors licensed by the city shall make available to their
customers, at the customer's option, curbside collection of recyclable
materials as said materials are designated from time to time by the City
Manager as provided in § 15-414 of this Article. Notwithstanding the
foregoing, the collection of recyclable materials from multifamily 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. The provisions of this subparagraph one (1) as they apply to single
family and two-family residential customers shall terminate and be of no
further force or effect commencing October 1, 1995.
(2) Commencing October 1, 1995, all solid waste collectors licensed by the city
shall provide to each single family,and two-family residential customer in the
city, as a part of any solid waste collection services provided by such solid
waste collector, both the collection at curbside) of solid waste, and
recyclable materials as said materials are designated from time to time by the
City Manager as provided in § 15-414 of this Article. No such collector shall
be permitted to divide or diminish the provision of said basic service at the
request of such customer or for any other reason.
(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
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 the 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 utilize curbside recycling services within the city. The collector may
establish such reasonable and industry-accepted requirements for the
preparation of materials for recycling 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) In the event that a collector elects to perform collection of solid waste or
recyclable materials through subcontractors 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.
(4) 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 other 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
customers who desire such services. Such curbside recycling collection
services shall be provided on at least a once weekly 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 multifamily dwelling units
and dwelling units located within mobile home parks.
(2) Collectors providing collection services to multifamily and/or commercial
customers shall provide services for the collection of recyclable materials
from such customers who desire such services with such frequency as is
necessary to prevent overflow of the recycling containers.
(d) Customer Notification.
Upon the initial provision of solid waste collection services to new customers, and
on or before the 31st day of December of each year with respect to existing
customers,collectors shall notify in writing such customers of the availability of the
collection of recyclable materials, the materials designated for recycling collection
pursuant to Section 15-414 and such rules and regulations as have been established
by the collector for the orderly collection of recyclable materials as authorized
pursuant to Section 15-413(b)(2).
Section 4. That Section 15-416(1) of the Code of the City of Fort Collins be amended to
read-as-follows:
Sec. 15-416. License requirements; fees and insurance.
(1) A license fee in the sum of thirty dollars ($30) for each vehicle to be used in the
business for the purpose of the collection of solid waste or recyclable materials; and
Section 5. That Section 15-418(b) of the Code of the City of Fort Collins be amended to
read as follows:
Sec. 15-418. Plans and reports.
(b) All collectors shall report to the City the following information:
(1) Number of tons or cubic yards of solid waste collected from all single-family,
two-family, and multi-family residential and commercial customers.
(2) Number of tons of each type (as determined by the City Manager pursuant to
§15-414) of recyclables collected through the commercial and multifamily
recyclables collection program.
(3) Number of tons of each type (as determined by the City Manager pursuant to
§ 15-414)of household recyclables collected through the curbside recyclables
collection program.
(4) Number of tons of each type(as determined by the City Manager pursuant to
§ 15-414)of household recyclables collected by drop-off system.
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.
All such reports shall be submitted to the city manager no later than thirty (30) days
following the close of each half year.
Section 6. That Section 15-419 of the Code of the City of Fort Collins be amended to read
as follows:
Sec. 15419. Disposal of solid waste/suspension of license.
All persons holding licenses pursuant to this Article and engaged in the business of
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 any state.
No solid waste shall be disposed of at any other location either inside or outside of
the city. The City Manager may, after notice and hearing, suspend or revoke the
license of any person violating this Section.
Section 7. That Section 15-421 of the Code of the City of Fort Collins be repealed and
reenacted to read as follows:
Sec. 15-421. Hours of Operation
No collector shall operate any vehicle for the purpose of collection of solid waste
or recyclable materials on any street designated by the city as "local residential" or
"residential collector" between the hours of 7:00 p.m. and 7:00 a.m. (the 'Nighttime
Hours").
Introduced, considered favorably on first reading, and or blished this 2nd day of
May, A.D. 1995, and to be presented for final passage on th Ti day o une, A.D.
ayor l
ATTEST:
City Clerk
Passed and adopted on final reading this 6th day of J A.D. ,9 j
l
Mayor /
c/
ATTEST:
City Clerk