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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