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(a) Duty. Except as otherwise provided in subsections (b) or (c) of this section, the following persons shall contract with a private hauler, or cause a contract to be entered into with a private hauler, for the provision of source-separated recycling services as defined in Section 11-5-020: (1) any building owner that is required to provide or contract to maintain commercial refuse containers and scavenger service under Section 7-28-220 or compactors and collection service under Section 7-28-225; and (2) the occupant of any occupational unit within a building, if such occupant is required under Section 7-28-220 to provide or contract to maintain scavenger service.
(b) Exemptions applicable to owners. The requirements set forth in item (1) of subsection (a) of this section shall not apply to: (1) an owner that backhauls all of the recyclable material listed in Section 11-5-080 in accordance with the requirements set forth in Article V of this chapter, as applicable; or (2) an owner that holds a valid certificate of exemption under Section 11-5-040, to the extent of such exemption.
(c) Exemptions applicable to occupants of occupational units. The requirements set forth in item (2) of subsection (a) of this section shall not apply to the occupant of an occupational unit if: (1) the occupant's lease agreement provides for scavenger service sufficient to meet such occupant's waste generation and recyclable material collection needs; or (2) the occupant backhauls all of the recyclable material listed in Section 11-5-080 in accordance with the requirements set forth in Article V of this chapter; or (3) the occupant's occupational unit is located within a building whose owner holds a valid certificate of exemption issued under Section 11-5-050 for the building, to the extent of such exemption; or (4) the occupant holds a valid certificate of exemption issued under Section 11-5-040 for the occupational unit, to the extent of such exemption.
(d) Any person who violates this section or any rule promulgated thereunder shall be given a 30-day notice of noncompliance, and shall come into compliance with this section within 30 days of the date on which such notice is personally served, mailed, sent or otherwise provided.
(e) In addition to any other penalty provided by law, any person who violates this section or any rule promulgated thereunder shall be fined not less than $500.00 nor more than $1,000.00 for a first violation; not less than $1,000.00 nor more than $2,500.00 for a second violation within any 12-month period; and not less than $2,500.00 nor more than $5,000.00 for a third and each subsequent violation occurring within 12 months of the most recent violation. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply.
(Added Coun. J. 7-20-16, p. 28694, § 1; Amend Coun. J. 11-16-16, p. 37901, Art. VIII, § 12)