Banning Municipal Code Ch. 8.52 Recycling

A. Purpose. The purpose of this chapter is to:

1. Regulate the allocation of adequate space requirements for convenient space for collection, storage and loading of recycled material at "development projects" defined in Section 8.52.020;

2. Provide educational material to each development user about the importance of recycling and how to recycle;

3. Assist in providing the city with the means to divert fifty percent of solid waste disposed by January 1, 2000, partially through increased recycling of reusable materials, with the participation of the residential, commercial, industrial and public sectors; and

4. Provide that space in certain development projects be set aside to make future on-site composting projects possible.

B. Intent. The intent of this chapter is to eliminate barriers to recycling in the city in order to enable the city to reach waste reduction goals mandated by Assembly Bill 939 and space allocation requirements mandated by the California Solid Waste Reuse and Recycling Access Act of 1991 (AB1327), and to:

1. Lengthen the lifespan of the landfills and decrease the costs of hauling to landfills;

2. Encourage the reuse of recyclable material in order to reduce our reliance on and use of virgin materials;

3. Encourage each citizen's choice to dispose of solid waste responsibly; and

4. Decrease the impact of the citizens' consumption of renewable and nonrenewable materials on the environment.

(Code 1965, § 11-51.)

As used in this chapter:

"Commingled curbside collection" means a regularly scheduled collection of commingled solid waste and recyclable materials not source separated, and destined for separation at a materials recovery facility.

"Development project" means any of the following:

1. A project for which a building permit is required for commercial, industrial, institutional buildings, or residential buildings having five or more living units, where solid waste is collected and loaded, and any residential project where solid waste is collected and loaded in a location serving five or more units;

2. Any new public facility where solid waste is collected and loaded and any improvements of a public facility used for collecting and loading solid waste;

3. Multi-Unit Residential Development. For the purposes of this chapter, the definition of a "multi-unit residential development" is limited to those multiple-unit residential developments with five or more units, (including mobile home parks) which will use communal bins (rather than individual curbside pickup) for collection of rubbish and recyclables from five or more units

Recyclable Material ("Recyclables"). For purposes of this chapter, "recyclable material" means the material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous waste.

Recycling. For purposes of this chapter, "recycling" is the series of activities by which discarded materials that would otherwise remain wastes are collected, separated or processed and used to make new products.

"Source separated curbside collection program" means a regularly scheduled collection of recyclables separated by the generator from a bin or bins set out at the curb separate from waste.

(Code 1965, § 11-52.)

Types of Requirements.

A. Any new development for which an applicant for a building permit is submitted on or after September 1, 1994, shall include areas for collecting and loading recyclable materials, as set forth in Section 8.52.040.

1. Any improvements for areas of a public facility used for collecting and loading solid waste shall include areas for collecting and loading recyclable materials, as set forth in Section 8.52.040.

2. Any existing development project for which an application for a building permit is submitted on or after September 1, 1994, for a single alteration which is subsequently performed that adds thirty percent or more to the existing floor area of the development project shall include areas for collecting and loading recyclable materials.

3. Any existing development project for which an application for a building permit is submitted on or after September 1, 1994, for multiple alterations which are conducted within a twelve-month period which collectively add thirty percent or more to the existing floor area of the development project shall include areas for collecting and loading recyclable materials.

4. Any existing development project occupied by multiple tenants, one of which submits within a twelve-month period on or after September 1, 1994, multiple applications for building permits for multiple alterations which are subsequently performed that collectively add thirty percent or more to the existing floor area of that portion of the development project which said tenant leases shall provide areas for collecting and loading recyclable materials. Such recycling areas shall, at a minimum, be sufficient in capacity, number and distribution to serve that portion of the development project which said tenant leases.

B. Single-Family and Four-Unit or Less Multi-Family Residential Uses. No guidelines apply to these developments. However, developers are encouraged to include innovative designs both inside and outside to make recycling more convenient and accessible to the resident.

(Code 1965, § 11-53.)

A. Costs. Any costs associated with adding recycling space to existing development projects shall be the responsibility of the owner(s) of the project.

B. Educational Requirements. The developer will provide educational materials to instruct the users of the development about the benefits of recycling and how to use the recycling facilities provided.

C. Space Allocation Requirements.

1. Recycling and trash enclosure volumes shall be provided as specified in Appendix A following this chapter.

2. Enclosure Design Guidelines. The following regulations shall apply for recycling and trash enclosure materials, construction and design.

a. The enclosure shall be designed to be architecturally compatible with nearby structures and with the existing topography and vegetation, in accordance with existing standards.

b. The design and construction of recycling areas shall not prevent security of any recyclable materials placed therein.

c. The design, construction and location of recycling areas shall not be in conflict with any applicable federal, state or local laws relating to fire, building, access, transportation, circulation or safety.

d. Recycling areas or bins or containers placed therein must provide protection against adverse environmental conditions, such as rain, which might render the collected materials unmarketable.

e. Driveways and/or travel aisles shall, at a minimum, conform to local building code requirements for waste collection access and clearance. In the absence of such building code requirements, unobstructed access shall be provided for collection vehicles and personnel, in accordance with Appendix B following this chapter.

f. A sign clearly identifying the recyclables collection and loading area shall be posted in the area, and the materials accepted therein shall be posted adjacent to all points of direct access to the recycling areas. Signage shall also state that only the specific recyclable materials for which bins are provided by the handler shall be placed in those bins. Signage shall conform to local signage code requirements.

g. Developments and transportation corridors adjacent to recycling areas shall be adequately protected for adverse impacts such as noise, odor, vectors or glare through measures including but not limited to maintaining adequate separation, fencing and landscaping.

h. Recycling areas shall be located so they are at least as convenient for those persons who deposit, collect and load the recyclable materials as the location where solid waste is collected and loaded. Whenever feasible, areas for collecting and loading recyclable materials shall be adjacent to the solid waste collection areas.

i. Maintenance and clean up of the interior of each recycling and solid waste area is the responsibility of the property owner. The recycling and solid waste contractors are responsible for maintenance of their respective bins and containers.

(Code 1965, § 11-54.)

Waiver of Parking, Landscaping Areas or Open Space Requirement. In order to meet the required recycling and trash enclosure requirements, an existing development may use one parking space, landscaping areas or open spaces for the location of the recycling containers, if the city determines that the loss of the parking, landscaping area or open space areas will not have a significant negative effect on the need for such areas or the aesthetics of the development.

A. A parking space that has been converted to recycling container area must be marked for recycling and adequately barricaded to prevent use as a parking space.

(Code 1965, § 11-55.)

A. Plans shall be submitted to the planning department of the city for review. The plans shall include the following:

1. A site plan of the overall development;

2. The location of the recycling enclosure area;

3. Adequate screening and fencing to provide security and aesthetics;

4. Adequate area for the separation and holding of recyclable materials (see Appendix A following this chapter for formula).

Prior to receiving a building permit, the plans shall be submitted and approved.

B. Within ninety days of the development's occupation by a tenant, the owner of the development, or the owner's representative, shall prepare a plan including identification of the following:

1. Materials to be recycled;

2. Method of transport from interior work stations or residences to final collection areas;

3. Collection frequency of recycling service provider;

4. Method for informing tenants/occupants about the recycling program;

5. Contact person for the project.

(Code 1965, § 11-56.)

A. Violation or failure to comply with any of the provisions of this chapter shall constitute grounds for refusal of a permit.

B. Violation or failure to comply with requirements of this chapter shall be deemed a nuisance and shall be punishable as set forth in the Code.

C. The city attorney may seek legal, injunctive or other equitable relief to enforce this chapter.

D. The remedies and penalties provided in this section are cumulative and not exclusive.

(Code 1965, § 11-57.)

Appendix A Minimum Space Allocation Requirements for Recycling and Waste Containers.

* Note: Recommended minimum space allocation in single-unit residential buildings (not covered by this chapter) is 109 inches by 37 inches or sufficient space (in another configuration) for three side-by-side 60-gallon containers.

Appendix B Collection Vehicle Clearance

The following chart shall be used to provide adequate space and access to recycling areas for collection vehicles.

* The greater vertical clearance, the smaller horizontal distance required.