(A) Each generator shall be responsible for ensuring and demonstrating its compliance with the requirements of this section. Each generator shall:
(1) Source separate recyclable materials and organic materials from garbage; and place source separated organic materials, including food waste, in the organic materials collection container; place source separated recyclable materials in the recyclable materials collection container; and place garbage in the approved garbage collection container. Generators shall not place prohibited container contaminants into the garbage collection container, organic materials collection container or recyclable materials collection container.
(2) Subscribe to a basic level of solid waste collection service that includes, at a minimum, the collection of garbage, recyclable materials and organic materials by the authorized collector. Generators shall arrange for a size, quantity and collection frequency of collection containers to adequately store all solid waste generated in connection with the premise between the times designated for collection service. The town or authorized collector shall have the right to review the number and size of such collection containers to evaluate the adequacy of capacity provided for each type of collection service and to review the separation and containment of materials. Generators shall adjust service levels for their collection services as requested by the town or authorized collector in order to meet the standards set forth in this chapter.
(3) A self-hauler may self-haul source separated recyclable materials and source separated organic materials in accordance with § 8.08.130-7 after completing and retaining on-site a self-hauling form certifying that all self-hauling activities will be completed in accordance with this section and any other applicable law or regulation. A copy of such form shall be available to the Director and the authorized collector upon request.
(B) Each generator shall use collection containers provided by the authorized collector to collect and store recyclable materials and organic materials and shall designate areas to collect and/or store such materials.
(C) Each generator shall prominently post and maintain one or more signs in maintenance or work areas or common areas where recyclable materials and/or organic materials are collected and/or stored that specify the materials to be source separated in addition to collection procedures for such materials.
(D) All recyclable materials shall be placed for collection in covered collection containers conforming to the following requirements. No container shall be loaded beyond its capacity. It shall be the generator's responsibility to keep the containers used for the storage and collection of recyclable materials generated on the premises in a clean and sanitary condition. No material or container shall be kept or handled in such a manner as to become a nuisance. No putrescible materials shall be commingled with recyclable materials. No recyclable materials shall be allowed to become odoriferous or a producer of vermin. Lids on collection containers shall remain closed at all times while stored or placed for collection. The Director is specifically authorized to promulgate rules and regulations regarding any and all recyclable materials containers including as related to the recyclable materials to be placed therein, the placement and maximum weight of high-density materials for collection and the proper use of collection containers.
(E) Each generator shall ensure that recyclable materials and organic materials generated at the generator's site if self-hauled will be taken only to an approved solid waste facility to ensure that the materials are recycled or composted and not delivered to a landfill for disposal. No generator shall dispose of, or arrange for disposal of, recyclable materials and organic materials by placement in a landfill except in an emergency situation, or when no viable markets or recycling facilities are available, as determined by the Director.
(F) All recycling and organic materials collection service agreements, subject to the terms of this chapter and the franchise agreement, and other recycling documents entered into between a generator and an authorized collector shall be available for inspection by the Director or his or her designee, at the principal location of the generator's commercial facility or special event during normal business hours.
(G) No franchisee/authorized collector shall be held liable for the failure of its customers to comply with this section, unless otherwise specified in the relevant franchise, contract or permit issued by the town.
(H) Generators shall provide or arrange for access during all inspections and investigations (with the exception of a private residential dwelling unit) and cooperate with the town or authorized collector during such inspections and investigations as described in § 8.08.130-13.
(Ord. 772, passed 11-6-2013; Am. Ord. 859, passed 12-1-2021)