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1. Any generator that generates an average of four (4) or more cubic yards of solid waste or recyclable items per week shall:
a. (1) Subscribe to recycling service or green waste service with an authorized hauler capable of diverting fifty percent (50%) of the solid waste and recyclable items generated, by volume, and use an authorized hauler to provide solid waste and recycling collection service; or
(2) Complete and retain on site a self-hauling form certifying that all self-hauling activities will be completed in accordance with this chapter or any other applicable law or regulation. A copy of such form shall be available to the director of sustainability or designee upon request.
b. Designate area(s) for recycling container(s) accessible by an authorized hauler.
c. Designate areas and provide recycling containers for use by occupants, employees or residents that are as convenient to use as refuse containers.
d. Prominently post and maintain one or more signs in maintenance or work areas or common areas where recyclable items are collected or stored that specify the materials to be source separated and the collection procedures for such materials.
e. Distribute recycling information to each person occupying, attending, or working on the property within fourteen (14) days after commencement of recycling service and annually thereafter.
f. Ensure that all recyclable items are placed for collection in covered collection containers conforming to the requirements in section 9.08.080 of this chapter.
g. Ensure that recyclable items generated and separated at the generator's site for collection will be taken only to a recycling facility that recycles fifty percent (50%) or more of incoming material, by weight, or make other arrangements to ensure that fifty percent (50%) or more of recyclable items generated on site, by weight, are recycled and not delivered to a landfill for disposal. Generator shall not dispose of, or arrange for disposal of, recyclable items by placement in a landfill except in an emergency situation.
h. Ensure that the waste and recycling service agreements and a recycling plan are available for inspection by the director of sustainability or designee, at the principal location of the generator's business, facility, special event or nonresidential property, as applicable, during normal business hours. The recycling plan shall include: names of all waste and recycling service providers; frequency of services; waste disposal and recycling facilities used; location, types, and sizes of waste and recycling containers; methods used to promote recycling, including labels, signs and other educational materials.
2. An authorized hauler shall not be held liable for the failure of its customers to comply with such regulations, unless specified in the contract or permit issued by the city.
B. Authorized Hauler:
1. Only authorized haulers may provide waste hauling services within the boundaries of the city.
2. Authorized haulers shall offer collection service sufficient to accommodate the quantity and types of recyclable items to all of their customers that generate an average of four (4) or more cubic yards of waste per week.
3. An authorized hauler shall pay the city an annual registration fee as outlined in the consolidated fee schedule.
4. Authorized haulers shall deliver recyclable items to a recycling facility that recycles more than fifty percent (50%), by weight, of incoming material.
5. Authorized haulers shall not take a customer's recyclable items that have been separated for collection to a landfill or other site for disposal.
6. An authorized hauler may assess a contamination fee if contamination of a recycling container exceeds twenty five percent (25%).
7. An authorized hauler shall maintain a copy of a service agreement or receipts documenting that the generator's recyclable items have been properly delivered, as well as any documentation evidencing any event of force majeure that prevented the proper delivery of recyclable items. Such documents shall be available for inspection by the director of sustainability or designee at the authorized hauler's place of business during normal business hours and be maintained for not less than three (3) years.
An authorized hauler shall report to the director of sustainability or designee recycling, refuse, and green waste activity as described in subsection I of this section.
C. Recycling Services:
1. Recycling services provided by an authorized hauler shall include, at a minimum, all of the following:
a. Collection of recyclable items at least two (2) times per month, or more as specified by contract, license or permit;
b. Providing containers or collection methods for trash and recyclable items that comply with Salt Lake County health regulations;
c. Providing appropriate signage on all containers that allows users to clearly and easily identify which containers to use for recyclables or trash.
D. Exemptions: The following shall be exempt from the requirements of this section:
1. Any governmental entity other than Salt Lake City, or any employee thereof, when collecting or transporting recyclable items produced by operation of that entity.
2. Any governmental entity other than Salt Lake City using its own vehicles and employees when engaged in the collection, transportation, or disposal of recyclable items within the boundaries of Salt Lake City.
3. Businesses, buildings, or entities that generate less than four (4) cubic yards of solid waste and recyclable items per week. This exemption does not apply to special events unless the generator demonstrates to the director of sustainability or designee that the special event will produce less than the threshold amount.
4. A generator who demonstrates to the director of sustainability or designee that less than two (2) cubic yards of recyclable items are being generated per week by any activities in the generator's multi-family or nonresidential property.
5. A property for which it is determined, through a site visit requested by the generator, that either:
a. There is inadequate storage space for a recycling container on the property and that it is infeasible for the generator to share a container for source separated recyclable items with a generator on an adjoining property, or
b. Compliance with this chapter will result in a violation of zoning codes.
6. A property that provides low income housing, including tax credit housing, section 8 vouchers, or subsidized housing.
E. Exemption Application: If the generator seeks an exemption, the generator shall submit an application for such exemption on a form prescribed by the director of sustainability. After reviewing the exemption request, and after an on site review, if applicable, the director of sustainability or designee shall either approve or disapprove the exemption request.
F. Sale Or Donation: Nothing in this chapter shall preclude any generator from selling or exchanging, at fair market value, for reuse or recycling, source separated recyclable items generated from that generator; or from donating to another entity for reuse or recycling, source separated recyclable items generated by that generator.
G. Special Event Recycling:
1. For a special event, in addition to any other conditions the city requires as part of the special event permit, the generator shall provide containers for recycling throughout the special event location to make source separation of recyclable items and refuse convenient for the attendees of the special event and the employees, volunteers, contractors, and customers of the food vendors.
2. The capacity of containers for recycling shall be more than or equal to the capacity of containers for refuse. The containers for recycling and refuse shall be placed adjacent to each other throughout the special event location in order to provide equally convenient access to users.
3. All of the containers shall have appropriate signage and identify the type of items to be deposited.
4. The generator shall ensure that the recyclable items deposited into the containers for recycling are delivered to a recycling facility and not delivered to a landfill for disposal.
H. Ownership And Scavenging Of Discarded Materials: All materials placed in any container provided by any authorized hauler shall be considered owned by and be the responsibility of either the generator or the authorized hauler. Without permission of either the generator or the authorized hauler, no person shall collect materials placed in such containers.
I. Reporting: Authorized haulers shall provide quarterly reports on the dates described below to the director of sustainability or designee identifying, at a minimum, the following information:
1. The total volume and tons of recyclable items delivered to recycling facilities during the previous quarter, the names of the recycling facilities, and the percent of total material received by the recycling facilities reported to be diverted from a solid waste landfill or incinerator.
2. The total volume and tons of green waste material delivered to compost facilities during the previous quarter, the names of the compost facilities, and the percent of total material received by the compost facilities which was reported to be diverted from a solid waste landfill or incinerator.
3. The total volume and tons of nonrecyclable items disposed of during the previous quarter and the names of facilities used.
4. Percent of accounts within Salt Lake City that subscribe to an average of four (4) or more cubic yards of refuse, solid waste, green waste, and recyclable service per week.
5. Percent of total accounts within Salt Lake City that subscribe to green waste or recycling services.
6. Information about noncompliance by generators, including contamination fees assessed to any customer, and the date and amount of material disposed of as refuse as a result of contamination.
7. The quarterly reporting periods shall be as follows:
January 1 - March 31
April 1 - June 30
July 1 - September 30
October 1 - December 31
8. The authorized hauler's failure to file the reports required by this section shall, at the option of the department of sustainability, constitute cause for termination or suspension of the hauler's permit status.
9. Upon request, the authorized hauler shall provide to the director of sustainability or designee a list of names and addresses of customers and services provided and any additional information required by the director of sustainability to determine compliance with this chapter and to calculate waste diversion data for Salt Lake City.
J. Effective Date: Within six (6) months after the effective date hereof, any hauler desiring to collect waste within Salt Lake City boundaries shall apply to become an authorized hauler. Within two (2) years after the effective date hereof, all generators shall comply. (Ord. 49-16, 2016: Ord. 72-15, 2015)