11-4-2580 Recyclable materials – Segregation and storage.

   Recyclable materials shall be segregated and stored in receptacles or enclosures constructed of approved materials or in another manner approved in the permit as directed by the commissioner. Newsprint, paper, corrugated paper and cardboard shall be stored in closed containers, and storage of such material shall comply with all applicable provisions of the Municipal Code, including all ordinances relating to fire prevention.

(Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-98, p. 78812; Amend Coun. J. 4-9-08, p. 24657, § 6)

11-4-2590 Recyclable materials – Receptacles.

   Unless alternate storage methods have been approved pursuant to Section 11-4-2580, receptacles in Class I, II, III, and IV recycling facilities shall be clearly marked with the type of recyclable material to be deposited. Letters shall not be less than three inches high. No material other than that specified on a receptacle shall be deposited therein.

(Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-98, p. 78812; Amend Coun. J. 4-9-08, p. 24657, § 6)

11-4-2600 Recyclable materials – Storage areas to be kept clean.

   The area surrounding receptacles for the temporary storage of recyclable materials shall at all times be maintained in a clean and sanitary manner. No recyclable materials or waste materials of any kind shall be allowed to accumulate around any receptacle or to overflow from any receptacle.

(Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-98, p. 78812)

11-4-2610 Building and fire regulations – Applicable.

   Storage of recyclable material within a completely enclosed building shall be permitted subject to the building and fire regulations of the Municipal Code.

(Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-98, p. 78812)

11-4-2620 Storage time limit – Maintenance of records.

   No recyclable materials shall be stored at any recycling facility for longer than 90 days except for processed, recyclable materials as approved in the permit. Each permittee under this article shall maintain records which indicate the date, quantity and type of recyclable materials received. Disposition records shall also be kept which indicate the type, quantity and date of disposition of recyclable materials. Such records shall be open to inspection by the commissioner or his authorized agent during normal business hours and at other times upon reasonable notice.

(Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-98, p. 78812; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)

11-4-2625 Prohibited and regulated materials.

   (a)   For purposes of this section only the term “retail transaction” means the purchase, acceptance or receipt by a recycling facility of any material designated as regulated or prohibited from a person who: (1) delivers the material to the facility in a push cart, shopping cart or other similar method; or (2) is not a regular customer with an established customer account. The commissioner may, in rules and regulations, set criteria for an established customer account, including any documentation required to be maintained as part of the account.

   A retail transaction does not include donations from, or the purchase or receipt of regulated or prohibited material from: (1) another recycling or junk facility; or (2) a governmental entity.

   (b)   The commissioner may, in rules and regulations, designate certain types of recyclable materials as either prohibited or regulated materials.

   (c)   In retail transactions, a permittee shall only accept, receive or purchase regulated material if the permittee:

      (1)   keeps a record in English which is either typed or printed in ink or maintained in a computer database at the time of acceptance of any regulated material and which legibly and accurately describes: (i) the regulated material accepted, received, or purchased; (ii) the date of the transaction; (iii) a description and license plate number of any vehicle used to deliver the material; and (iv) the name and a copy of the photo identification of the person required in subsection (c)(2) of this section; and

      (2)   requires, at the time of the transaction, photo identification issued by a federal, state or local governmental entity or by a foreign government through its consular offices, including, but not limited to, a Matricula Consular (CID) card issued by the Mexican consulate, that lists the name and address of the person from whom the permittee is accepting, receiving or purchasing the regulated material or a valid passport accompanied by a utility bill or other written proof of the person's current address.

   (d)   In retail transactions, a permittee shall only accept, receive or purchase prohibited material if the permittee:

      (1)   complies with subparagraphs (c)(1) and (2) of this section; and

      (2)   can demonstrate through receipts or other documentation from a credible source, such as the owner of the prohibited materials, that the prohibited materials are intended to be recycled.

   (e)   No record made pursuant to this section shall be erased, obliterated or defaced, except as provided in rules and regulations.

   (f)   All records required by this section shall at all times during the permittee's business hours, and at all other times upon reasonable notice, be made available for inspection by the commissioner or his authorized agent, or any member of the police department. Upon the request of the commissioner or any member of the police department, the permittee shall provide photocopies of such records to the department of health or the police department.

   (g)   Any person who violates any provision of this section or any rule or regulation promulgated hereunder shall be fined not less than $250.00 nor more than $1,000.00 for each offense. In addition, a violation of any of the provisions of this section shall constitute grounds for revocation or suspension of the permit. The revocation or suspension of the permit shall be in addition to any fines imposed under this section.

   It shall be a defense to an alleged violation of subsection (c) or (d) of this section that any error in any record required by those subsections was a bona fide clerical error. The person asserting the defense must prove by clear and convincing evidence that:

      (1)   the violation was not intentional and resulted solely from a clerical error notwithstanding the maintenance of procedures reasonably adopted to avoid such errors; and

      (2)   upon discovery of the clerical error, the person has: (i) taken immediate measures to correct the error; (ii) adopted corrective procedures to prevent additional errors; and (iii) immediately notified the commissioner of the clerical error.

(Added Coun. J. 4-9-08, p. 24657, § 6; Amend Coun. J. 12-17-08, p. 51316, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 7-25-12, p. 31401, § 1)

11-4-2630 Inspection.

   (a)   Class I recycling facilities shall be inspected by the owner or operator or an employee of the facility at least once every 24 hours.

   (b)   During all operating hours, Class II, III, and IV recycling facilities shall have the owner, operator or an employee responsible for operations on site at all times. If the facility remains closed for more than 24 hours, the owner, operator or employee shall inspect the facility at least once every 24 hours.

(Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-7-98, p. 78812; Amend Coun. J. 4-9-08, p. 24657, § 6)