954.02 RECYCLING PROGRAMS.
   The City recycling program shall consist of the following minimum requirements:
   (a)   By March 1, 1994, each resident of the City shall separate from other solid waste at least aluminum, steel and bi-metal food and beverage cans, clear glass containers and newspaper. The approved residential recycling containers shall be used to place recyclables at curbside for hauler collection. The recycling container shall be placed in front of the residence near the street curb. The recyclables shall be clean and free of solid waste and other contamination.
   (b)   Any owner, landlord or agent or an owner or landlord of a multi-family rental dwelling with four or more units shall be deemed to have complied with its separation responsibilities if it establishes a recyclables collection system at each such property. The collection system shall include separate suitable receptacles specifically for collection and storing the tenant separated recyclables. The receptacles shall be clearly marked as designated only for recyclable materials and shall be placed in a location easily accessible to the tenants. Owners, landlords or agents shall provide written instructions to tenants concerning the use and availability of the collection system. Owners, landlords and agents who provide a collection system under this section shall not be liable for City recycling ordinance noncompliance by occupants of their buildings. The owner, landlord or agent shall make arrangements for recyclables collection and transport to market.
   (c)   By March 1, 1994, each hauler that provides solid waste collection services to City residents shall provide recyclables collection services to their customers.
   (d)   By May 1, 1994, each commercial establishment and large community shall separate from other solid waste aluminum, steel and bi-metal food and beverage cans, clear glass containers and newspaper plus other materials necessary to reduce solid waste disposal to meet the statewide recycling goals. To meet these goals, each commercial establishment and large community event shall ensure that recycling efforts result in the reduction of solid waste within their establishment or at their event from 1991 waste generation rates of twenty percent (20%) by January 1, 1994, thirty percent (30%) by January 1, 2000, and fifty percent (50%) by January 1, 2010. Some recyclable materials that may be considered for recycling in addition to aluminum, steel and bi-metal food and beverage cans, clear glass containers and newspapers include, but are not limited to:
      (1)   Automotive or industrial lead acid batteries.
      (2)   Brown and green glass.
      (3)   Computer paper.
      (4)   Computer ribbons, laser toner cartridges or copier toner cartridges.
      (5)   Corrugated paper.
      (6)   High-grade office paper.
      (7)   Low-grade office paper.
      (8)   Plastic materials.
      (9)   Scrap metals.
      (10)   Textiles.
      (11)   Tires.
      (12)   Wood materials.
      (13)   Yard waste.
   Composting yard waste or other material can be counted towards meeting the solid waste reduction goals.
   (e)   By May 1, 1994, each hauler that provides solid waste collection services to City commercial establishments and large community events shall provide recyclables collection services to their customers.
   (f)   By January 31 of each year, each hauler shall submit the following information together with other information required by the City on forms prescribed by the City to the City Manager concerning the previous calendar year:
      (1)   Number of City residential customers as of December 31 of the previous year.
      (2)   Number of tons of solid waste picked up from City residential customers collectively.
      (3)   Number of tons of each type of residential recyclables collected from City residential customers.
      (4)   Number of City commercial establishment and large community event customers served during the previous calendar year.
      (5)   Number of tons of each type of commercial establishment and large community event recyclables collected from City commercial establishment and large community event customers.
   (g)   All recyclable materials placed by City residents, commercial establishments or large community events for collection by a hauler shall become the property of the hauler upon the removal of the recyclable materials by the hauler from the curbside, drop-off box or other designated collection location.
   (h)   It shall be a violation of this article for any person other than the hauler to remove, tamper with or otherwise disturb recyclable materials or containers which have been placed out for collection by the hauler. A hauler shall be certified as required by the West Virginia Public Services Commission (PSC).
   (i)   A hauler may not engage in the collection, transportation, processing or disposal of solid waste within the City unless the aluminum, steel and bi-metal food and beverage cans, clear glass containers and newspaper have been segregated.
   (j)   Haulers shall not dispose of any collected separated recyclable materials into a landfill. These materials shall be marketed.
   (k)   Haulers shall provide a scheduled collection day, at least one per month, during which customers place recyclables at curbside, or similar location, for collection. Haulers shall notify customers in writing of the scheduled day(s) and any changes to this schedule.
      (Ord. 2-1-94)