HomeMy WebLinkAbout1995-10-02-Ordinance 2209_Solid Waste and Recycling, Multi-Family----------~---------------~~----~--~------~------------.--~
ORDINANCE NO.2209
AN ORDINANCE ADOPTING CHAPTER 213B,WAUKEE MUNICIPAL CODE,
PROVIDING FOR MANDATING RECYCLING PROGRAMS AT MULTIFAMILY DWELLINGS
OF FOUR OR MORE UNITS WITHIN THE CITY OF WAUKEE AND ESTABLISHING
PENALTIES FOR VIOLATIONS
Section 1.Adoption.Chapter 213B,Waukee Municipal Code,
mandating recycling programs at multifamily dwellings and Mobile
Home Parks within the City of Waukee,Iowa,and establishing
penalties for violations,is hereby adopted.
Section 2.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 I 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 recycl-
able 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 facili-
ties which are used or intended to be used for living,
sleeping,cooking and eating,for the exclusive use of the
occupants thereof.
H.Multi-Family Dwelling shall mean any building under one
roof which contains two or more complete Dwelling Units.
I.Municipal Waste shall mean any garbage,refuse,industri-
al lunchroom or office waste,and other material,including
solid,liquid,semisolid or contained gaseous material
resulting from the operation of Multi-Family Dwellings.
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J.Nearby shall mean adjoining,adjacent,or contiguous.
K.Person shall mean any individual,partnership,corpora-
tion,association,institution,cooperative enterprises,or
any other legal entity whatsoever which is recognized by law
as being subject to such rights and duties.
L.Premises shall mean real property on which any Multi-
family dwelling unit or combination of units sharing common
driveways are located.
M.Re-;:ycling shall mean the separation,collection,
process~ng,recovering and sale or reuse of materials which
would otherwise be disposed as Municipal Waste.
N.Source Separation shall mean the separation of Recyclable
Materials from the municipal waste stream at the point of
waste generation.
Section 3.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.
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 which
are not presently a part of existing residential recycling
collection programs shall be required to provide the facili-
ties 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.
D.The City reserves the right to amend the list of
Designated Recyclable Materials at any time.
Section 4.Reporting Requirements.It shall be the responsi-
bility 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 Adminis-
trator by January 31,and July 31,for the previous six (6)months
respectively.The City reserves the right to require any addition-
al information deemed necessary by the Director of Public Works,
or other designee of the City Administrator.
Section 5.Location of containers.Bulk storage containers
for collection at Multi-Family Dwellings 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.
Section 6.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 Desig-
nated 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 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
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.
Section 7.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.
I Section 8.Repealer.All ordinances or parts of ordinances
in conflict with the provisions of this ordinance are hereby
repealed.
Section 9.Severability Clause.If any section,provision
or part of this ordinance shall be adjudged invalid or unconstitu-
tional,such adjudication shall not affect the validity of the
ordinance as a whole or any section,provision,or part thereof not
adjudged invalid or unconstitutional.
Section 10.Effective Date.This ordinance shall be in
effect upon its final passage,approval and publication as provided
by law.
'I (\.IDPassedbytheCouncilthis~day
approved this day of
of CLd&-kv_____________,1995.,1995,and
Claire L.Chedester
MAY 0 R
Attest:
Kurt A.Rueckel,Clerk