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HomeMy WebLinkAbout2021-06-30-213B1 MANDATORY RECYCLING PROGRAMS AT MULTIFAMILY DWELLINGS OF FOUR OR MORE UNITS AND MOBILE HOME PARKS WITHIN THE CITY OF WAUKEE - PENALTIES FOR VIOLATION. §213B.1 Definitions. The following phrases, when used in this Ordinance, shall have, unless the context clearly indicates otherwise, the meanings given to them in this section. A. Non-Recyclable Material shall mean any material not defined as Recyclable Material. B. Designated Recyclable Material shall mean newspapers corrugated containers, magazines, catalogs, junk mail, kraft bags, bimetal and ferrous cans, aluminum cans, clear glass containers, minus lids, and number 1 and number 2 plastic containers, not including lids. C. City shall mean the City of Waukee D. Collection shall mean the transportation of the Municipal Waste from the place it is generated and includes all activities up to the time the waste is delivered to a recycling facility or solid waster disposal site. E.Collector shall mean a person authorized by the City to collect, transport and dispose of municipal waste or recyclable materials. F.Commingled shall mean source separated, non-putrescible recyclable materials that have been mixed at the source of generation, i.e., placed in the same container. G. Dwelling Unit shall mean a group of rooms located within a structure and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating, for the exclusive use of the occupants thereof. H. Mobile Home Park shall mean any site, lot, field or tract of land, under common ownership, zoned as R-4, upon which two or more occupied mobile homes, manufactured homes, modular homes or a combination of the homes are harbored, either free of charge or for revenue purposes, and shall include any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of such mobile home park. I.Multi-Family Dwelling shall mean any building under one roof which contains two or more complete Dwelling Units. 2 J.Municipal Waste shall mean any garbage, refuse, industrial lunchroom or office waste, and other material, including solid, liquid, semisolid or contained gaseous material resulting from the operation of Multi-Family Dwellings. K. Nearby shall mean adjoining, adjacent, or contiguous. L.Person shall mean any individual, partnership, corporation, association, institution, cooperative enterprises, or any other legal entity whatsoever which is recognized by law as being subject to such rights and duties. M. Premises shall mean real property on which any Multifamily dwelling unit or combination of units sharing common driveways are located. N. Recycling shall mean the separation, collection, processing, recovering and sale or reuse of materials which would otherwise be disposed as Municipal Waste. O. Source Separation shall mean the separation of Recyclable Materials from the municipal waste stream at the point of waste generation. §213B.2. Establishment of a Recycling Program. There is hereby established a recycling program for the source separation, separation collection and recycling of Designated Recyclable Materials generated within the City from all Multi-Family Dwellings of four (4) or more units and from Mobile Home Parks. A. Collection of Designated Recyclable Materials pursuant to this Section shall be made at least twice a month, or more often as necessary, as determined by the Director of Public Works, or other designee of the City Administrator, and the storage of said designated recyclable materials shall not result in the creation of a public nuisance. B. All Multifamily Dwellings of four (4) or more units or Mobile Home Parks which are not presently a part of existing residential recycling collection programs shall be required to provide the facilities for the source separation of all Designated Recyclable Materials generated on the premises and shall arrange for the collection of said materials to be transported to a Recycling Facility. C. The development of a program and its implementation and operation shall be the responsibility of the same entity which contracts for the private collection and disposal of solid waste on the premises, or another licensed waste hauler contracted by the owner(s) of the Multifamily Dwelling or Mobile Home Park(s). D. The City reserves the right to amend the list of Designated Recyclable Materials at any time. 3 §213B.3. Reporting Requirements. It shall be the responsibility of all commercial waste haulers collecting Solid Waste or Designated Recyclable Materials generated in the City, to submit a recycling report to the City on a semiannual basis. Said report shall identify individual establishments being served and the total weight of recyclable materials collected as well as identification of the processor of each recovered recyclable material. All such reports shall be submitted on forms provided by the City Administrator by January 31, and July 31, for the previous six (6) months respectively. The City reserves the right to require any additional information deemed necessary by the Director of Public Works, or other designee of the City Administrator. §213B.4. Location of Containers. Bulk storage containers for collection at Multi- Family Dwellings and Mobile Home Parks using private collection shall be located on such premises at a place agreed upon by such owner or occupant of the property and the authorized collector. Such location shall not interfere with private or public sidewalks, walkways, driveways, roads, streets, highways, or entrances and exits of private or public buildings, and shall be in compliance with all applicable laws. Bulk storage containers which are on wheels to facilitate their movement shall remain blocked at all times while unattended to prevent unintentional movement. Such containers shall be easily accessible at all hours and placed at a location which will facilitate their use. Said containers shall not be blocked or covered by snow or other means so as to hinder their use. §213B.5. Storage of Designated Recyclable Materials. A. General. It shall be the duty of every owner or entity which contracts for the private collection and disposal of solid waste from the premises to provide and keep at all times, a sufficient number of containers to hold all Designated Recyclable Materials which may accumulate during the intervals between collection of such materials by the authorized Collector. Owners of Multi-Family Dwellings of four (4) or more units and of Mobile Home Parks shall ensure that each dwelling unit has easy access to the containers at all hours and that said containers are sufficient to hold all Designated Recyclable Materials accumulated by the occupants of the dwelling unit or mobile home during the intervals between collections. B. Storage. All Designated Recyclable Materials accumulated by owners and/or occupants of Multi-Family Dwelling Units or Mobile Home Parks shall be placed in containers which are durable, water tight and made of metal or plastic and marked with the recycling symbol and the type of material(s) to be deposited in the container. The containers shall remain on the premises at all times and shall be kept in a clean condition. The type of bulk container to be furnished by the collector shall be acceptable to the Director of Public Works, or other designee or the City Administrator. Containers shall have lids if necessary to avert a public nuisance or protect the marketing quality of the Designated Recyclable Materials. 4 §213B.6. Violation and Penalty. Any person, firm, or corporation who shall fail, neglect or refuse to comply with any terms or provisions of this ordinance, or any regulation or requirement pursuant hereto and authorized hereby, shall be subject to a civil penalty of Five Dollars ($5.00) per month for each Dwelling Unit or existing Mobile Home. October 2, 1995 – Ordinance No. 2209