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112.01 PURPOSE.
The purpose of this chapter is to promote recycling by requiring property owners to provide facilities for the source separation of recyclable materials at certain locations.
112.02 DEFINITIONS.
The following words and phrases, when used in this chapter, shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
1.   “Collection” means the transportation of the municipal waste from the place it is generated and includes all activities up to the time the waste is delivered to a recycling facility or solid waste disposal site.
2.   “Collector” means a person authorized by the City to collect, transport and dispose of municipal waste or recyclable materials.
3.   “Commingled” means source-separated, non-putrescible recyclable materials that have been mixed at the source of generation (i.e., placed in the same container).
4.   “Condominium” means an apartment building or housing area in which the dwelling units are owned individually.
5.   “Designated recyclable material” means newspapers, corrugated containers, magazines, catalogs, unsolicited mail, Kraft bags, bi-metal and ferrous cans, aluminum cans, high-density polyethylene (HDPE, coded No. 2) (excluding motor oil and anti-freeze bottles), and polyethylene terephthalate (PETE), whether alone or in combination, or any other materials or combinations thereof that have been approved by the metro waste authority and designated by subsequent Council resolution to fall within the definition of “designated recyclable material.”
6.   “Dwelling unit” means a group of rooms located within a structure and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating for the exclusive use of the occupants thereof.
7.   “Multifamily dwelling” means any building under one roof which contains two or more complete dwelling units.
8.   “Municipal waste” means any garbage, refuse, industrial lunchroom or office waste, and other material, including solid, liquid, semisolid or contained gaseous material resulting from the operation of multifamily dwellings.
9.   “Nearby” means adjoining, adjacent, or contiguous.
10.   “Nonrecyclable material” means any material not defined as recyclable material.
11.   “Premises” means real property on which any multifamily dwelling unit or combination of units sharing common driveways are located.
12.   “Recycling facility” means any facility employing a technology that is a process that separates or recovers reusable materials that can be sold or reused by a manufacturer as substitute for or a supplement to virgin raw materials.
13.   “Recycling” means the separation, collection, processing, recovering and sale or reuse of materials which would otherwise be disposed of as municipal waste.
14.   “Source separation” means the separation of recyclable materials from the municipal waste stream at the point of waste generation.
112.03 ESTABLISHMENT OF RECYCLING PROGRAM.
1.   There is established a recycling program for the source separation, separate collection and recycling of designated recyclable materials generated within the City from all multifamily dwellings and dwelling units not presently served by existing residential recycling collection programs.
2.   Collection of designated recyclable materials, pursuant to this section, shall be made at least twice per month, or at such additional times as may be necessary to serve the needs of the customer to insure that the storage of said designated recyclable materials shall not result in the creation of a public nuisance.
3.   All multifamily dwellings which are not presently part of existing residential recycling collection programs shall be required to provide the facilities for the source separation of all designated recyclable materials generated on the premises and shall arrange for the collection of said materials to be transported to a recycling facility.
4.   Program development, implementation, and operation shall be the responsibility of the same entity which contracts for the private collection and disposal of solid waste on the premises.
5.   The specific designated recyclable materials are those materials set out in Section 112.02(5) of this chapter.
6.   The City reserves the right to amend the list of designated recyclable materials, as defined in Section 112.02(5), at any time by subsequent resolution of the Council.
112.04 REPORTING REQUIREMENTS.
It is the responsibility of all commercial waste haulers collecting solid waste, or designated recyclable materials generated in the City, to submit a recycling report to the City on an annual basis. Said report shall identify the total weight of recyclable materials collected. All such reports of the previous year shall be submitted on forms provided by the City to the Director of Public Works, or other designee of the City Manager, by January 31. The City reserves the right to require any additional information deemed necessary by the Director of Public Works or other designee of the City Manager.
112.05 AUTHORIZATION OF COLLECTORS.
All commercial solid waste haulers or haulers of designated recyclable materials who, as a commercial enterprise, provide the service of collection of said designated recyclable materials or waste to owners/operators of multifamily dwelling units, shall be duly authorized by the City through the issuance of a license.
112.06 LICENSE REQUIREMENTS.
All applicants for licensing shall conform to the requirements of Section 111.07 of this Code of Ordinances and shall otherwise comply with all of the provisions of Chapter 111, and shall further be subject to the following requirements:
1.   Licenses for the collection of solid waste and/or designated recyclable materials may be issued only to those persons who can provide satisfactory evidence they are capable of providing the necessary services and can comply with the provisions and intent of this chapter. The City reserves the right to disapprove any application for license for just cause.
2.   Every applicant, before being granted a designated recyclable materials collection license or a solid waste license, shall submit proof that all said materials will be transported in vehicles that are tarped, covered, or closed and that the materials being transported are not capable of blowing or falling out or away from the transporting vehicle.
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