Fowler Municipal Code Art. 2 Commercial and Multi-Family Recycling

The Council finds and determines:

State recycling law, the California Integrated Waste Management Act of 1989, as amended, and AB341 (Chapter 476, Statutes of 2011), requires cities and counties to reduce, reuse and recycle solid waste generated in the state to the maximum extent feasible before disposal of waste, to conserve water, energy and other natural resources, and to protect the environment.

The Council desires to meet and exceed the requirements of state recycling law by implementing a mandatory recycling program for businesses, which includes multi-family dwellings.

(Ord. No. 2015-02, § 2, 4-7-15)

For purposes of this article, unless otherwise apparent from the context, certain words or phrases used in this article are defined as follows. In addition, the definitions set forth in Article 1 of this chapter shall be applied to this article. In the event of a conflict between the definitions in Article 1 and this article, the definitions in this article shall prevail.

(a) "Business" means any of the following, whether operating for profit or not for profit:

(1) A commercial entity, including retail, restaurants, shopping centers, theaters, offices, and mixed use facilities;

(2) An industrial or manufacturing facility, including agricultural operations;

(3) Hotels, motels, hospitals, medical facilities, and nursing and care facilities;

(4) A multi-family dwelling with five (5) or more units;

(5) A mobile home park;

(6) Any person or entity engaged in the construction, demolition or restoration of structures or landscapes.

(b) "Collection Service Operator" means any person, firm, corporation, partnership, or association, or the agents or employees thereof, other than a contract agent, which has a permit, license, or other authorization from the City to collect and transport recyclable materials.

(c) "Recyclable materials" means materials that have been source separated from solid waste for the purpose or returning them, through processing and available markets, for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the market place and that are not landfilled. Recyclable materials include any materials identified by the City Manager, or his or her designee, for which a viable economic market exists, including, but not limited to: plastic bottles and jars, paper, cardboard, glass, newspaper, metal containers, cans, used motor oil, or aluminum.

(d) "Recycling facility" means a material recovery or re-use facility that is fully licensed, certified and eligible under federal, state and local laws and regulations and includes those material recovery or reuse facilities or operations that receive, process, and transfer to market recyclable materials that have been source separated from the solid waste stream. A recycling facility may be owned or operated by a for-profit or not-for-profit person or entity, including a not-for-profit person or entity that accepts donations of recyclable materials.

(e) "Self haul" or "self hauling" means a business or responsible party who transports its own recyclable materials to a recycling facility by using a vehicle owned by the business and operated by the employees of the business, or by the responsible party, rather than using the hauling services of a contract agent or Collection Service Operator.

(f) "Responsible party" means the individual or entity responsible for management or promotion of a special event.

(g) "Source separated" or "source separation" means the process of removing recyclable materials from solid waste at the place of generation, prior to collection, into separate containers that are separately designated for recyclable materials.

(h) "Special event" means a community, public, commercial, recreational or social event which may serve food or drink and which may require a permit from the City. Special events may include the temporary or periodic use of a public street, publicly owned site or facility, or public park.

(Ord. No. 2015-02, § 2, 4-7-15)

(a) Each business or responsible party shall be responsible for ensuring and demonstrating its compliance with the requirements of this article.

(b) Each business or responsible party shall:

(1) Source separate recyclable materials from solid waste; and

(2) Arrange for recyclable materials collection service; and

(3) Utilize the services of the contract agent or a collection service operator to provide recyclable materials collection service; or

(4) Complete and retain on-site a self hauling form certifying that all self hauling activities will be completed in accordance with this article or any other applicable law or regulation. A copy of such form shall be available to the City Manager upon request.

(c) Each business or responsible party shall use containers to collect and store recyclable materials and shall designate areas to collect and/or store recyclable materials. Containers provided by the contract agent or collection service operator may be utilized to satisfy this requirement.

(d) Each business or responsible party shall notify and instruct employees, agents, volunteers, and occupants in writing of applicable source separation requirements, including outreach and training on what materials are required to be source separated and how to source separate such material. Training materials provided by the contract agent or collection service operator may he utilized to satisfy this requirement.

(e) All recyclable materials containers are subject to the following requirements. No container shall be loaded beyond its capacity. It shall be the business's or responsible party's responsibility to keep the containers in a clean and sanitary condition. No material or containers 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 vectors. Lids on containers shall remain closed at all times while stored or placed for collection.

(f) Each business or responsible party shall ensure that recyclable materials generated at the business's or responsible party's site will be taken only to a recycling facility. Subscribing to the recyclable materials collection service provided by the City's contract agent or a collection service operator shall satisfy this requirement. Businesses or responsible parties shall not dispose of, or arrange for disposal of, recyclable materials by placement in a landfill except in an emergency situation.

(Ord. No. 2015-02, § 2, 4-7-15)

(a) No person shall place containers, collect or transport recyclable materials within the corporate boundaries of the City unless that person is a contract agent or a collection service operator.

(b) The contract agent or collection service operator shall offer collection service using lined cardboard boxes, carts, bins or roll-off containers for recyclable materials sufficient to accommodate the quantity and types of recyclable materials for each business or responsible party.

(c) The contract agent or collection service operator shall not take recyclable materials directly to a landfill or other site for disposal. Such materials shall be taken to a recycling facility. A collection service operator other than the contract agent shall maintain a copy of a service agreement and/or receipts documenting that the business's or responsible party's recyclable materials have been properly delivered to a recycling facility. Such documents shall be available for inspection by the City Manager from the collection service operator during normal business hours and maintained for not less than three (3) years.

(d) The provision of collection services to businesses or responsible parties may be subject to a determined percentage franchise fee applied to rates and collected and paid to the City by the contract agent or collection service operator in amount established by ordinance or resolution, or in any contract entered into by the City.

(Ord. No. 2015-02, § 2, 4-7-15)

(a) The recycling services provided by the contract agent or collection service operator shall include, at a minimum, all of the following:

(1) Collection of recyclable materials from businesses at a minimum of one time per week, or at a lesser frequency as specified by contract, license or permit, or by the City Manager;

(2) Collection of the recyclable materials identified by the City Manager;

(3) Utilizing containers that meet requirements the City Manager may from time to time prescribe, or are set forth in any contract between the contract agent and the City or the license, permit or authorization issued to a collection service operator, including but not limited to container size, container labeling, container color, or the use of hasps or locks, for the purpose of discouraging scavenging and facilitating ease of use for businesses and their employees or occupants, by written guidance, resolution or contract.

(4) Education. For each business, the contract agent or collection service operator shall provide information about recyclable materials collection services as follows:

a. Types of recyclable materials accepted at the location of recyclable materials containers, and the owner, employee, and occupant responsibilities to source separate pursuant to this article:

b. All new occupants shall be given information and instructions upon occupancy; and

c. All occupants shall be given information and instructions annually, or upon any change in recyclable materials collection service, or upon request.

(Ord. No. 2015-02, § 2, 4-7-15)

(a) The following shall be exempt from the requirements of this article:

(1) Governmental agencies using their own vehicles and employees engaged in the collection and transportation of recyclable materials within the boundaries of the City.

(2) A business or responsible party is not required to source separate recyclable materials if the business or responsible party demonstrates to the City Manager that there is no collection service or other system available for such materials.

(3) Except as required to comply with diversion requirements for certain commercial entities or multi-family dwellings, as currently set forth in Public Resources Code Section 42649.2, as those requirements may be amended or added to the future, a business may he exempt from the requirements of this article if the business demonstrates to the City Manager that:

a. There are no recyclable materials being generated by any activities at the business.

(4) If the business seeks an exemption, an application for such exemption shall be submitted on a form prescribed by the City Manager. After reviewing the exemption request, and after an on site review, if applicable, the City Manager shall either approve or disapprove the exemption request.

(Ord. No. 2015-02, § 2, 4-7-15)

(a) Nothing in this article shall preclude any business or responsible party from self hauling recyclable materials generated by that business or responsible party to a recycling facility. A business or responsible party may transport recyclable materials (rather than hiring the contract agent or a collection service operator) only if the business completes its activity by using a vehicle owned by that business and operated by the employees of that business, or the responsible party completes its activity by using a vehicle owned by the responsible party, or an employee or volunteer. This self haul exemption does not include contracting for or hiring a third party to transport the recyclable materials, A self hauler must retain on site a self hauling form certifying that all self hauling activities will be completed in accordance with this article or any other applicable law or regulation. The self hauling form shall be made available to the City Manager upon request. At a minimum, the self hauler shall provide the following information on the self-hauling form:

(1) The name, address and telephone number of the self hauler's representative that will he signing the self-hauling form.

(2) A list of the types of recyclable materials that are being transported.

(3) For each type of recyclable material, the amount (pounds/tons) that is being delivered to a recycling facility on a quarterly basis. Documentation of recycling shall be provided in receipts obtained from the receiving recycling facility.

(4) The name and address of the recycling facility.

(5) A written statement, signed by the self hauler or representative, certifying that the self hauler is in compliance with the requirements of this Section 6-2.206.

(b) The City Manager may restrict or prohibit self-hauling by a business or responsible person if the City Manager determines, after providing notice and an opportunity for a hearing, that the business's or responsible person's self hauling activities violate the provisions of this section or any other applicable law or regulation.

(Ord. No. 2015-02, § 2, 4-7-15)

Nothing in this article shall preclude any business or responsible person from selling or exchanging at fair market value, for reuse or recycling, source separated recyclable materials generated by that business or responsible party; or from donating to another entity for reuse or recycling source separated recyclable materials generated by that business or responsible party. The business or responsible person shall provide documentation satisfactory to the City Manager evidencing compliance with the requirements of this section.

(Ord. No. 2015-02, § 2, 4-7-15)

(a) For a special event, in addition to any other conditions the City requires as part of any special event permit, the responsible party shall provide recyclable materials containers throughout the event location to make source separation of recyclable materials convenient for the employees, volunteers, contractors, customers and attendees of the event. The responsible party may utilize lined cardboard containers, carts, bins or roll-off containers as appropriate for the special event, or other container approved by the City Manager.

(b) The minimum number of recycling containers shall equal or exceed the number of solid waste containers. The solid waste and recyclable materials containers shall be placed as close together as possible throughout the event location in order to provide equally convenient access to users.

(c) All of the receptacles must have appropriate signage or be color coded in order to distinguish between solid waste and recyclable materials containers, and to facilitate their appropriate use by employees, volunteers, contractors, customers and attendees of the event.

(d) Food vendors must have at least one separate container each for solid waste and recyclable materials for use by customers and visitors. Multiple food vendors that provide disposable food service ware and share a common eating area may share an appropriate number, size, and placement of such containers for convenient use by customers or visitors who have common access to such containers which shall be located within a reasonable proximity of the vendors.

(e) The types of recyclable materials suitable for deposit into each recyclable materials container shall include at a minimum; plastic bottles and jars, paper, cardboard, glass, newspaper, metal containers, and cans. Each recyclable materials container shall be clearly identified as such and shall display a list of types of recyclable materials that may be deposited into the container.

(f) The responsible person shall ensure that the recyclable materials deposited into the recyclable materials containers are delivered to a recycling facility by arranging for collection by the contract agent or a collection service operator, or by self-haul in accordance with Section 6-2.206.

(Ord. No. 2015-02, § 2, 4-7-15)

(a) All recyclable materials placed in containers for collection by the contract agent or a collection service operator, whether provided by the business, the responsible party, or the contract agent or collection service operator, shall be considered owned by the contract agent or collection service operator at the time the container is placed at the designated point of collection.

(b) No person other than the contract agent or collection service operator shall remove or otherwise interfere with recyclable materials which have been placed at the designated recycling materials collection location for collection by the contract agent or collection service operator.

(Ord. No. 2015-02, § 2, 4-7-15)

(a) A collection service operator, other than the contract agent provided the contract agent has similar obligations pursuant to the applicable franchise or other agreement or statute, shall provide quarterly reports on the dates described below to the City Manager identifying, at a minimum, the following information:

(1) The total number of customers it has in the City, and the name and address of service locations for recyclable materials collection;

(2) The recyclable materials collected per week by volume in cubic yards and (tons), measured by the size of applicable containers of and removed by them within the City during the previous quarter; and

(3) The location of the recycling facility(ies) to which the recyclable materials were taken during the previous quarter.

Quarterly reporting periods shall be as follows:

(b) If the quarterly reports are not filed by the due dates above, the report shall be deemed delinquent, and the collection service operator shall pay to the City a delinquent report charge in the amount of five hundred dollars ($500.00). If the report remains delinquent for more than fifteen (15) days, the amount shall be increased to two thousand dollars ($2000.00).

(c) The collection service operator's failure to file the report required by this section shall, at the option of the City, constitute cause for termination or suspension of its permit, license, or other authorization.

(Ord. No. 2015-02, § 2, 4-7-15)

(a) This article does not do any of the following:

(1) Otherwise affect the authority of the City Manager to take any other action authorized by any other provision of law.

(2) Restrict the power of the City Attorney, District Attorney, or the Attorney General to bring in the name of the people of California, any criminal proceeding otherwise authorized by law.

(3) Affect in any way existing contractual arrangements previously granted or entered into between the contract agent and City.

(Ord. No. 2015-02, § 2, 4-7-15)

(a) The City Manager may adopt necessary forms, rules, regulations, and guidelines which may be necessary or desirable to aid in the administration or enforcement of the provisions of this article.

(Ord. No. 2015-02, § 2, 4-7-15)