Article V — RECYCLING REGULATIONS

The purpose and intent of this article is to establish by ordinance:

A.

The goal of recycling at least fifty percent, by weight, waste generated within the city.

B.

To require that the City of Sutter Creek develop and maintain a substantial, comprehensive, coordinated, and integrated recycling system for the efficient, cost-effective and environmentally sound disposal of waste;

C.

To require the development and implementation of a solid waste management plan for the City of Sutter Creek;

D.

To help preserve the quality of the environment for City of Sutter Creek residents by preserving resources, conserving energy, and reducing waste;

E.

To improve the City of Sutter Creek's economy by creating useful and rewarding jobs for its residents; and

F.

To protect and promote the health, safety, and well-being of the City of Sutter Creek residents.

(Ord. 332, 2009)

No refuse hauler or disposal company other than the exclusive franchisee of the city or its appropriately authorized designee shall in any way collect refuse or remove refuse placed in refuse disposal containers from any location within the city limits. No individual, company or entity other than city's exclusive franchisee may remove recyclable materials from refuse disposal containers once said material has been placed in those containers.

(Ord. 332, 2009)

No individual, company or entity other than city's exclusive franchisee, or its authorized designee, shall be authorized to remove recyclable materials from any state-authorized buyback center.

Nothing in this section shall be construed to limit any individual, company or entity other than city's exclusive franchisee from developing additional recycling sites; provided applicable zoning, building, fire and other requirements of local and state regulatory agencies are met.

(Ord. 332, 2009)

Any individual, company or entity engaging in the recycling materials must, prior to the commencement of such activities, obtain a permit from the city manager or his/her designee and any other city-required permits and/or licenses. The permit will be issued when permittee provides the names, addresses and telephone numbers of the owners/operators of recycling enterprise, the type of materials to be collected, the collection area, the market to which the materials collected will be shipped, and the method of such shipment. Thereafter, on a monthly basis, reports shall be submitted to the city manager who provides a detailed accounting of the following information:

A.

The physical location of the recyclable materials operation;

B.

The certified weight of the volumes of each product taken to market;

C.

The market to which each of the materials was sent, along with the method of shipment;

D.

An accounting (by weight) by geographical area jurisdiction) from which the recyclables were collected.

On an annual basis, a compilation of the information provided to the city through the required monthly reporting process as specified herein, shall be provided to the city on a schedule to be determined by the city manager or his/her designee. All required information will be considered proprietary and not available for public information. Failure to provide required information will result in the revocation of this permit. Permit fee will cover reasonable costs of administration.

(Ord. 332, 2009)

All individuals, companies or entities engaged in the collection of recyclable materials shall adhere to all applicable local, state and federal regulations in carrying out their operations. Such compliance shall include but not necessarily be limited, complying with all reporting requirements, to conducting operations from a location which has been approved by all applicable governmental entities for such use and utilizing appropriate recyclable material handling and hauling practices. To the extent that any recycling operation, by virtue of its size or nature, may become subject to laws relating to the provision of workers' compensation benefits, or other similar regulatory authority, the recycling operator shall comply with all such laws in existence.

(Ord. 332, 2009)

Any recyclable materials collected by any individual, company or entity which cannot be stored or sustained in accordance with all applicable health, safety, fire, building, and visual codes and/or standards shall be turned over to the transfer station of the city's exclusive refuse franchisee and all applicable disposal fees shall be paid.

Anyone engaging in the disposal of such materials in any manner other than that described within this section shall be guilty of an infraction.

(Ord. 332, 2009)

Any and all recycling collection services are subject to payment of a five percent franchise fee to the city if any fee is charged to the customers for service collection. Fee shall be based on gross revenue as reported on the annual city business licenses. In the event no fee is charged by the collection service, the city council may either waive the franchise fee or require that the collection service provide similar services to city facilities without charge.

(Ord. 332, 2009)

Any person, company or entity engaged in recycling activities which requires removal and transport of recyclable materials over city rights-of-way shall obtain an encroachment permit from the public works department and any such encroachment permit issued shall be subject to the customary hold harmless and indemnity provisions.

(Ord. 332, 2009)

to effective date of ordinance.

No person, company or entity shall be deemed by the city council to have developed any legal, nonconforming use, vested right or entitlement to engage in recycling operations by virtue of commencement of recycling prior to the effective date of the ordinance codified in this chapter. No recycling operator, irrespective of the date of commencement of their recycling activities, shall be exempt from the requirements and regulations established by this article. Any person or business currently operating a recycling collection service shall obtain required permits within sixty days of the adoption of the ordinance codified in this chapter.

(Ord. 332, 2009)

No person, company or entity shall develop or create any type of materials recovery facility (MRF) without review and approval by the city council to ensure consistency with the County Integrated Waste Management Plan during the term the ordinance codified in this chapter remains in effect.

(Ord. 332, 2009)