032 of 2009 - amending Chapter 9.08 relating to solid waste and recyclable items 0 09-1
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SALT LAKE CITY ORDINANCE
No. 32 of 2009
(Amending solid waste and recyclable items)
An ordinance amending Chapter 9.08, Salt Lake City Code, relating to solid waste
and recyclable items.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Chapter 9.08, Salt Lake City Code, pertaining to solid waste
and recyclable items be, and the same hereby is, amended to read as follows:
Chapter 9.08
SOLID WASTE AND RECYCLABLE ITEMS
9.08.010 Definitions:
For the purposes of this chapter the following terms, phrases and words shall have the
meanings given in this section:
A. "Agricultural waste" means the manure or crop residues from various agricultural
pursuits, including, but not limited to, dairies and the raising of livestock and poultry.
B. "Asbestos waste " means friable asbestos, which is any material containing more than
1 percent asbestos as determined using the method specified in Appendix A, 40 CFR
Part 763.1, 2001 ed., which is adopted and incorporated by reference, that, when dry,
can be crumbled, pulverized, or reduced to powder by hand pressure.
C. "Automated green waste containers"means containers provided by the city to
subscribers to the city's green waste collection service.
D. "Automated recycling containers" means containers provided by the city to
subscribers to the city's recycling collection service.
E. "Automated refuse containers" means containers provided by the city to residences for
removal of refuse by the service provider.
F. "Bulky waste" means items of refuse or green waste, or recyclable items, that are too
large to fit entirely within the appropriate automated refuse, green waste, or recycling
container, including, but not limited to, appliances, furniture, trees, large branches,
and stumps.
G. "City collection service"means the removal by the service provider of refuse
contained in approved automated refuse containers ("refuse collection service");
green waste contained in approved automated green waste containers ("green waste
collection service"); recyclable items in approved automated recycling containers
("recycling collection service"); and special collection events described in section
9.08.030(G).
H. "Construction and demolition waste" means solid waste resulting from the
construction, remodeling, repair, or demolition of structures, from road building, and
from land clearing. Such waste includes bricks; masonry materials such as concrete,
soil, rock, wall coverings, plaster, drywall, and other inert material; plumbing
fixtures; asbestos-free insulation; roofing shingles; asphaltic pavement; glass; plastics
that are not sealed in a way that conceals other wastes; wood; concrete reinforcing
material; and metals that are incidental to any of the above. "Construction and
demolition waste" does not include hazardous waste, asbestos-containing material,
garbage, fluorescent electrical fixtures containing mercury, refrigeration units
containing chlorofluorocarbons, radioactive waste, waste tires, containers with liquid
wastes, or fuel tanks.
I. "Electronic waste"means consumer or business electronic equipment that is near or at
the end of its useful life, including but not limited to computers, televisions, VCRs,
stereos, copiers, and fax machines.
J. "Eligible recycling customer" means any person (as defined in this subsection) who is
the owner or property manager of a property, including a multi-family property, that
does not receive city refuse collection services, if that property receives city water
and sewer service and has access to a city curb located within the service provider's
normal route of business.
K. "Garbage" means the portion of refuse made up of discarded animal and vegetable
wastes resulting from the handling, preparing, cooking, and consuming of food, and
of such a character and proportion as to be capable of attracting or providing food for,
insects or other arthropods, rodents, or other animals capable of transmitting the
causative agents of human disease or adversely affecting public health and well
being. Garbage does not include sewage and sewage sludge.
L. "Green waste"means items of yard waste and items of fruit or vegetable food waste
that have not been mixed with or coated by any other type of food or waste.
M. "Green waste collection service" means the removal by the service provider of green
waste items contained in approved automated green waste containers.
N. "Hauler"means a person engaged in the off-site collection and transportation of solid
waste by vehicle. "Hauler" shall include, but not be limited to, waste haulers, liquid
waste haulers, waste tire haulers, and infectious waste haulers. "Hauler" shall not
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apply to a person engaged in transporting his or her own personally generated solid
waste.
O. "Hazardous waste" means a solid waste, or a combination of solid wastes that, because
of its quantity, concentration, or physical, chemical, or infectious characteristics, may
cause or significantly contribute to an increase in mortality or an increase in serious
or incapacitating irreversible illness, or pose a substantial present or potential hazard
to human health or the environment if improperly treated, stored, transported,
disposed, or otherwise managed, or any solid waste listed as a hazardous waste under
Utah Administrative Code sections R315-2-10 and 11, Utah Hazardous Waste
Management Rules, or any solid waste that exhibits a characteristic of a hazardous
waste as defined in Utah Administrative Code section R315-2-9, Utah Hazardous
Waste Management Rules. The definition for"Hazardous waste" in Utah
Administrative Code section R315-2-3 is hereby incorporated by reference.
P. "Household hazardous waste"means solid waste generated and discarded from any
single or multiple dwelling unit, campsite, ranger station, or other residential source
that contains hazardous substances but is exempt from hazardous waste regulation
under Utah Administrative Code section R315-2-4(c), Utah Hazardous Waste
Management Rules. The container size normally and reasonably associated with
households and household activities is five gallons or less. Household hazardous
wastes include, but are not limited to, chemical household cleaners, household
pesticides and herbicides, paints and stains, paint removers, mercury-containing
compact florescent light bulbs, florescent light tubes, petroleum products, batteries
(except for alkaline batteries), degreasers, and electronic waste.
Q. "Industrial solid waste" means any solid waste generated at a manufacturing or other
industrial facility that is not a hazardous waste or that is a hazardous waste from a
conditionally exempt small quantity generator of hazardous waste, as defined by Utah
Administrative Code section R315-2-5, Utah Hazardous Waste Management Rules,
generated by an industrial facility. Industrial solid waste includes waste from the
following industries or resulting from the following manufacturing processes and
associated activities: electric power generation; fertilizer or agricultural chemical
industries; food and related products or by-products industries; inorganic chemical
industries; iron and steel manufacturing; leather and leather product industries;
nonferrous metals manufacturing or foundry industries; organic chemical industries;
plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous
plastic product industries; stone, glass, clay, and concrete product industries; textile
manufacturing; transportation equipment manufacturing; and water treatment
industries.
R. "Infectious waste"means a solid waste that contains pathogens of sufficient virulence
and quantity that exposure to the waste of a susceptible host could result in an
infectious disease. Infectious waste includes sharps.
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S. "Liquid waste"means a solid waste that contains "free liquids" as defined by Method
9095 (Paint Filter Liquids Test), as described in"Test Methods for Evaluating Solid
Wastes, Physical/Chemical Methods" (EPA pub. no. SW-846, latest edition). "Liquid
waste" does not include infectious waste or hazardous waste.
T. "Multi-family property" means any multi-family dwelling building or group of
buildings that contain(s) four(4) dwelling units or more on a single tax lot. "Multi-
family property" includes, without limitation, apartments, condominiums, and mobile
home parks.
U. "Owner" means any person who alone,jointly, or severally with others:
1. Has legal title to any premises, dwelling, or dwelling unit as legal or equitable
owner, agent of the owner, or lessee; or
2. Is an executor, executrix, administrator, administratrix, trustee or guardian of the
estate of the owner.
V. "Person" means any individual, public or private corporation and its officers,
partnership, association, firm, trustee, executor of an estate, the state or its
departments, institution,bureau, agency, county, city, political subdivision, or any
other legal entity recognized by law.
W. "Pharmaceutical waste"means unused or expired medicines or drugs, whether
obtained with a prescription or over the counter.
X. "Place of business" means any place in Salt Lake City in which there is conducted or
carried on principally or exclusively any pursuit or occupation by any person or
persons for the purpose of gaining a livelihood.
Y. "Property manager" means the person responsible for paying the city water and sewer
bill for a property, but shall not include the owner of that property.
Z. "Public buildings and places" means office buildings, theaters, garages, auto camps,
hotels, clubs, schools, hospitals, or other places of similar character, but shall not
mean any building owned by Salt Lake City Corporation.
AA. "Recyclable item" means an item that otherwise would be abandoned or discarded,
but that can be utilized in the secondary material market. Such items include
newspaper and inserts; corrugated cardboard; telephone books; paperboard (cereal
boxes, paper towel and toilet paper tubes, shoe boxes); magazines; home office paper;
bulk-rate mail; aluminum, steel and tin cans; plastic coated milk and juice cartons;
plastic grocery bags; and plastic containers with the number 1-7 recycling symbol on
the container.
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BB. "Recycling" means the series of activities, including separation and processing, by
which products or other materials are recovered from or otherwise diverted from the
solid waste stream.
CC. "Recycling collection service" means the removal by the service provider of
recyclable items contained in approved automated recycling containers.
DD. "Refuse"means wastes commonly discarded by households, institutions, and
commercial entities and includes, but is not limited to, garbage; paper contaminated
with food waste; non-recyclable papers, plastics, metals, or glass items; diapers;
textiles; rubber; and leather. Only objects small enough to fit in an automated refuse
container are considered refuse. Refuse does not include: recyclable items, green
waste, agricultural waste, asbestos waste, bulky waste, construction and demolition
waste, hazardous waste, household hazardous waste, industrial waste, infectious
waste, liquid waste, sewage, sludge, special wastes, yard waste, or waste tires.
EE. "Refuse collection service"means the removal by the service provider of refuse
contained in approved refuse containers.
FF. "Residence"means a building or dwelling comprising not more than three (3)
residential dwelling units, including, without limitation, a single-family dwelling,
designed for separate housekeeping tenements, and where no business of any kind is
conducted except such home occupations as are defined in the zoning ordinances of
the city.
GG. "Service provider" means the city or a person working for the city engaged in
providing city collection service for any location within Salt Lake City.
HH. "Sewage" means human or animal wastes carried by water or other liquid from a
dwelling, business building, institution, industrial establishment, or agricultural,
recreational, or other location including, but not limited to, sewer systems, septic
tanks, privy vaults, cesspools, and holding tanks in recreational vehicles or travel
trailers, including any groundwater, surface water, and storm water that may be
mixed with these wastes.
II. "Sharps"means any discarded or contaminated article or instrument that may cause
punctures or cuts. Such waste includes, but is not limited to, needles, syringes,
pipettes, intravenous tubing with needles attached, glassware, lancets, and scalpel
blades.
JJ. "Sludge" means any solid, semisolid, or liquid waste, including grit and screenings,
generated from a:
1. Municipal, commercial, or industrial waste water treatment plant;
2. Water supply treatment plant;
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3. Car wash facility;
4. Air pollution control facility; or
5. Any other such waste having similar characteristics.
KK. "Solid waste" means any refuse, green waste, agricultural waste, asbestos waste,
bulky waste, construction and demolition waste, electronic waste, hazardous waste,
household hazardous waste, industrial waste, infectious waste, liquid waste,
pharmaceutical waste, sewage, sludge, special wastes, yard waste, or waste tires.
Solid waste does not include recyclable items.
LL. "Special wastes" means discarded non-hazardous wastes that may require special
handling or other solid waste that may pose a threat to public safety, human health, or
the environment. Special wastes include:
1. Ash;
2. Infectious waste including sharps;
3. Small animals wastes; and
4. Pharmaceutical waste.
MM. "Waste tire"means any tire that has been discarded or has ceased to serve the
purpose for which it was initially intended due to factors such as wear or
imperfections.
NN. "Yard waste" means vegetative matter resulting from landscaping, land
maintenance, or land clearing operations including grass clippings, prunings, and
other discarded material generated from yards, gardens, parks, and similar types of
facilities. Yard waste does not include garbage, paper, plastic, processed wood,
sludge, sewage, animal wastes, manure, or agricultural waste.
9.08.020 Salt Lake Valley Health Department Powers:
All salvage work shall be subject to the direction and control of the Salt Lake Valley
Health Department. The Salt Lake Valley Health Department has adopted rules and
regulations regarding solid waste and recycling management, and such rules and
regulations apply within Salt Lake City and supersede this chapter where they are
inconsistent with this chapter.
9.08.030 City Collection Services:
The city will provide for the collection and disposal, at the expense of the property owner
or manager, of refuse, recyclable items, and green waste from residences as provided
herein. The city will provide for the collection and recycling of recyclable items and
green waste, at the expense of the property owner or manager, from eligible recycling
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customers as provided herein. Said collection shall be under the supervision of the
department of public services pursuant to the following:
A. Refuse, Green Waste, And Recycling Collection Services To A Residence:
1. Refuse Service To A Residence And Responsibility For Payment: Except where
water, sewer, and refuse service to a residence is properly terminated, or the owner of
that residence notifies in writing the director of public services that the owner's refuse
will be picked up and disposed by a private hauler, the owner of every residence shall
be responsible and liable for the below enumerated monthly charges for refuse
service. The charge for such service shall be billed with the city's regular water and
sewer billings to the owner, at the owner's address as shown on the records of the
public utilities department. In those instances where the water and sewer bill for a
residence is currently being sent to the property manager of that residence at the
owner's request, the refuse service will be similarly billed. However, the owner of the
residence is responsible to pay and is liable for all charges for refuse service furnished
to that residence if such property manager fails to pay the same.
2. Sizes Of Refuse Containers And Charges For Refuse Service To Residences:
a. Automated refuse containers are available in ninety (90) gallon, sixty(60)
gallon, and forty(40) gallon sizes. The owner or property manager of a residence
may arrange, in writing, to have one or more automated refuse containers, of the
size or sizes described above. Any owner or property manager of a residence who
changes refuse container size must continue to use the new refuse container size for
at least twelve (12) months before the owner or property manager may again
change the size of the refuse container. Refuse containers may not be shared by
residences with separate accounts on the public utility billing system.
b. Monthly charges for refuse collection service provided to residences for the
city's fiscal year 2009-2010 shall be nine dollars ($9.00)per month for each
automated forty(40) gallon refuse container. The monthly charge shall be ten
dollars twenty five cents ($10.25) per month for each automated sixty(60) gallon
refuse container. The monthly charge shall be twelve dollars fifty cents ($12.50)
for each automated ninety (90) gallon refuse container. Automated refuse
containers shall be delivered to residences without a delivery charge. These fees
are subject to modification by future city councils.
c. The property owner or manager of a residence will be charged a service fee of
eleven dollars ($11.00) for each automated refuse and recycling container removed
from that residence for any reason. The property owner or manager of a residence
will not be charged a service fee for replacing any refuse container with another
size of refuse container.
3. Charges For Green Waste Collection Service:
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a. Owners or property managers of residences and eligible recycling customers
who desire to subscribe to the city's green waste collection service must do so in
writing. Such service shall be billed with the city's regular water and sewer billings
to the owner of the property receiving green waste collection service, at the
owner's address as shown on the records of the public utilities department. In those
instances where the water and sewer bill for a property is currently being sent to a
property manager of that property at the owner's request, the green waste collection
service will be similarly billed. However, the owner is responsible to pay, and is
liable for all charges, for the green waste collection service furnished to that
property if such property manager fails to pay the same.
b. The minimum subscription period for automated green waste containers will be
twelve (12) months. Green waste collection service shall be provided for nine (9)
months each year beginning on March 1 and ending on November 30. The total
cost to subscribers will be forty two dollars ($42.00) per subscription year for each
container. The subscription cost will be allocated evenly and charged each month
during the subscription year. The monthly charge for green waste collection service
shall be three dollars fifty cents ($3.50) per month for each automated green waste
container. Automated green waste containers shall be delivered to subscribers
without a delivery charge. These fees are subject to modification by future city
councils.
c. If an automated green waste container is removed from a property due to non-
compliance, or at the request of the property owner or manager, the property owner
or manager will be responsible for paying the remainder of the annual subscription
fee for each container removed.
d. The property owner or manager will be charged a service fee of eleven dollars
($11.00) for each automated green waste container removed from service for any
reason.
4. Recycling Collection Services Available To Residences:
a. Owners or property managers of residences may elect to subscribe to the city's
recycling collection service. The minimum subscription period for automated
recycling containers shall be twelve (12) months.
b. Owners or property managers of residences receiving city refuse collection services
will not be charged for this service in addition to the fee set forth in subsection A2
of this section.
c. Owners or property managers of properties that do not receive city refuse collection
services may elect to subscribe to the city's recycling collection service, but will be
charged for this service at the rates set forth in subsection B2 below.
B. Recycling Collection Service Available To Eligible Recycling Customers:
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1. Recycling Collection Service: Eligible recycling customers may elect to
subscribe to the city's recycling collection service. Such service shall be billed with
the city's regular water and sewer billings to the owner of the property receiving
recycling collection service, at the owner's address as shown on the records of the
public utilities department. In those instances where the water and sewer bill for a
property is currently being sent to a property manager of that property at the owner's
request, the recycling collection service will be similarly billed. However, the owner
is responsible to pay, and is liable for all charges, for the recycling collection service
furnished to that property if such property manager fails to pay the same.
2. Charges For Recycling Collection Services:
a. The minimum subscription period for automated recycling containers shall be
twelve (12) months. Charges for recycling collection service provided to an eligible
recycling customer as of the beginning of the city's fiscal year 2009-2010 shall be
four dollars ($4.00) per month for each automated recycling container. Automated
recycling containers shall be delivered to eligible recycling customers without a
delivery charge. These fees are subject to modification by future city councils.
b. The owner or property manager will be charged a service fee of eleven dollars
($11.00) for each automated recycling container removed from service for any
reason.
3. Promotion And Education Requirements Regarding Recycling Or Green
Waste Collection Service For Eligible Recycling Customers: An eligible recycling
customer who has subscribed to the city's recycling or green waste collection service
must distribute general recycling or green waste information and current recycling or
green waste program guidelines to each person occupying, attending, or working on
the property receiving recycling collection service within fourteen (14) days after
commencement of recycling or green waste collection service and annually thereafter.
If requested, the city will assist by providing educational flyers.
C. Billing:
1. Periodic Billing Statements: The department of public utilities shall cause billings
for refuse collection, green waste collection, and recycling collection services to be
rendered periodically at rates established in this chapter. If partial payment is made on
a combined bill, the payment shall be applied first to franchise fees due, and then to
each service on a pro rata basis as determined by the director of public utilities.
2. Delinquency: Fees and charges levied in accordance herewith shall be a debt due
to the city. If this debt is not paid within thirty(30) days after billing it shall, at the
option of the director of public utilities, be deemed delinquent and subject to recovery
in a civil action for which the city may recover reasonable attorney fees, and said
department shall have the right to terminate water, sewer, refuse collection, green
waste collection, and recycling collection services to said premises. Any uncollected
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amount due from the owner on any inactive, terminated, or discontinued account may
be transferred to any active account under the owner's name and, upon failure to pay
said bill after at least five (5) days'prior written notice, water, sewer, refuse
collection, green waste collection, and recycling collection services to that account
and premises may be discontinued.
3. Restoration Of Service: Water, sewer, refuse collection, green waste collection,
and recycling collection service shall not be restored until all charges shall have been
paid.
D. Deposits Required From Non-owners: All new water, sewer, refuse collection,
green waste collection, and recycling collection service users who are not the owners
of the premises shall pay to the department of public utilities for deposit with the city
treasurer an amount sufficient to cover the cost of city collection services that may
accumulate. The amount deposited shall be not less than twice the monthly or
bimonthly bill for collection services. The department of public utilities shall issue a
receipt of deposit. The amount deposited shall be refunded by the city treasurer to the
holder upon the surrender of the receipt properly endorsed, provided all refuse
collection, green waste collection, and recycling collection service bills and other
charges are paid. All bills for city collection service must be paid promptly without
reference to said deposit. Whenever any user of city collection services fails to pay
for city collection services rendered to such premises, the money deposited or any
part thereof may be applied by the department of public utilities to the payment of
such delinquent bills. The owner of the premises will be required to pay any
deficiency.
E. Abatement: Those owners granted indigent abatement for taxes on their dwelling by
Salt Lake County under section 59-2-1107 et seq., Utah Code Annotated, or its
successor section, shall be granted a fifty percent (50%) annual abatement of the
above city collection service charges during the year of such abatement.
F. Suspensions or Terminations:
1. If a residence receiving city collection service is vacant and the owner is trying to
sell it, or it will be vacant because of an extended vacation of the occupant, the
owner may apply to the public services director, in writing, for suspension of city
collection service for the period of time specified in the written request.
2. An owner of a residence may apply to the public services director, in writing, for
termination of refuse collection service. If the residence will not be vacant, the
request must include an explanation of how refuse will be removed from the
property, including applicable supporting documentation such as a billing
statement or signed agreement with a private hauler.
3. In the case of any suspension or termination pursuant to this subsection F, all
automated refuse, green waste, and recycling container(s) at the residence will be
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removed from that residence pursuant to the owner's request and upon payment of
an eleven dollar($11.00)per container service fee.
G. Special Collection Events: The city may, at its discretion, also provide for the
periodic collection and disposal of bulky waste, bagged leaves, Christmas trees, or
other specific types of solid waste. If the city elects to conduct one of these periodic
collection and disposal events, all residences that receive refuse collection services
from the city will be notified of the event and given instructions regarding the
allowable dates and other rules governing the type and placement of allowable types
of solid wastes on city streets for collection by the service provider. Only customers
of city refuse collection services may participate in these periodic collection events.
City customers of refuse collection services will not be charged for periodic
collection and disposal events in addition to the fee set forth in subsection A2 of this
section. Residents must separate yard waste from other solid waste disposed of
through special collection events.
9.08.040 Refuse Enterprise Fund:
There is hereby created a fund category known as the refuse enterprise fund, which shall
contain a fund known as the refuse and recycling operations fund and a fund known as
the environmental and energy fund. All fees, monies, and revenues received from refuse
collection service and recycling collection service shall be placed in the refuse and
recycling operations fund and shall be used for refuse operations and recycling collection
services. Some or all fees, monies, and revenues received from the Salt Lake Valley
Solid Waste Management Facility shall be placed in the environmental and energy fund,
as determined annually by the City Council, and shall be used for environmental and
energy management and recycling management, including open space, environmental
sustainability programs, and other related purposes. Any fees, monies, and revenues
received from the Salt Lake Valley Solid Waste Management Facility that are not placed
in the environmental and energy fund, shall be placed in the refuse and recycling
operations fund. All amounts in the refuse enterprise fund shall be left separate and apart
from all other city funds. The collection, accounting, and expenditure of all such funds
shall be in accordance with this subsection and in accordance with existing fiscal policy
of the city.
9.08.050 Vehicles - Approval By Salt Lake Valley Health Department:
It is unlawful for any person to convey, transport, or haul through or upon any of the
public streets any solid waste except as permitted by the Salt Lake Valley Health
Department. Haulers must comply with all permitting, vehicle, and operational
requirements established by the Salt Lake Valley Health Department. Private citizens are
permitted to transport only their own personally generated solid waste to appropriate
licensed and permitted disposal and recycling facilities under the condition that they
follow all rules regarding securing and covering loads, and prevent all spills or other
releases of the material during transport.
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9.08.060 Vehicles - Covering Of Contents:
It is unlawful for any person to haul, convey, or transport through or upon any of the
public streets any solid waste in open trucks, open trailers, or other open conveyances,
unless such waste is covered completely with a heavy tarp, canvas, or other acceptable
material subject to the approval of the Salt Lake Valley Health Department. Each vehicle
must be so covered at all times when the vehicle is being used for the collection of, or
carrying, transporting, or hauling of solid waste and is being driven for a distance of five
(5) blocks or more without making a planned stop.
9.08.070 Refuse Container Specifications:
A. This section shall apply only to collections made by a service provider. If any
container that does not conform to the provisions of this section is set out for
collection, the service provider shall have the authority to deny collection services for
such container. Any container not meeting the requirements of this section will be
tagged by the service provider and shall not be used again, but shall promptly be
replaced by the user thereof.
B. Containers must meet the following specifications:
1. Automated refuse, green waste, and recycling containers shall be made available
by the city, and shall be made from durable plastic with a close fitting lid and shall
be designed for collection by automated refuse, green waste, and recycling
collection vehicles. These containers shall be of such durability that they will be
warranted for a minimum of ten (10) years of normal use.
2. The property owner or manager is responsible to keep containers provided by the
service provider in good sanitary condition.
9.08.080 Containers For All Collection Services:
All refuse, green waste, and recyclable items placed outside for collection, whether by a
service provider or by another hauler, must be placed in rainproof and fly-proof
containers or receptacles, constructed either of durable plastic or metal with proper, tight-
fitting covers, and shall at all times be kept securely closed, and shall be kept in such
place and in such manner as to prevent offense. When automated refuse containers,
automated green waste containers, or automated recycling containers are being used, they
shall only be filled to a level that permits the lid to close.
9.08.090 Collection Time- Placement Of Containers:
A. Automated refuse, green waste and recycling containers containing refuse, green
waste, or recyclable items to be collected and hauled by the service provider shall be
set out for collection on a city street adjacent to the property, or at the place and at
such times as may be designated by the order of the city's public services department.
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Such containers must not be set out upon the street for collection prior to the evening
of the day before collection, and must be set out on the day of collection by seven
o'clock (7:00) A.M. and spaced three feet (3') (where possible) from the curb, any
parked vehicle, other container, and any other obstruction, as designated by the city's
public services department.
B. The property owner, manager, or resident is responsible for ensuring automated
containers placed for collection are accessible to the service provider's collection
vehicle.
C. All empty containers must be removed from the street as soon as practicable after
being emptied and must be removed from the street the same day they are emptied.
9.08.095 Allowable Materials for Refuse, Green Waste, and Recyclable Item
Collection by Service Provider
This section shall apply to all solid and liquid wastes and recyclable items set out for
collection by a service provider. Recyclable items must be separated from refuse and
green waste. Only those items deemed to be recyclable items by the city shall be placed
in a recycling container. If materials other than the allowable materials listed below are
placed in an automated refuse, green waste, or recycling container, the service provider
may refuse to empty the container until the unallowable material has been removed, and
the city may take enforcement action as described in section 9.08.115.
A. The following wastes are the only wastes that may be placed in an automated refuse
container:
1. Refuse as defined in section 9.08.010;
2. Construction and demolition waste if the quantity in each container does not
exceed the weight limits allowed in section 9.08.140(C), if less than 1/3 of the
container contains sod, dirt, concrete, bricks, or rocks, and if the waste can be placed
in the container without causing damage to the container;
3. Liquid wastes if the quantity is limited to less than one gallon, if the liquid is
sealed in a leak-proof container, and if the liquid is not considered a household
hazardous waste, a hazardous waste, sewage, or any other type of waste that is not
permitted in the refuse container under section 9.08.110;
4. Special wastes that have been prepared according to the special waste handling
instructions included in section 9.08.100;
5. Yard waste if an alternative, such as composting or placement in an automated
green waste container, is not available.
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B. The following wastes are the only wastes that may be placed in automated green
waste containers:
1. Yard waste;
2. Discarded fruit and vegetable material from kitchens, if it is not mixed or
contaminated with other refuse including other kitchen wastes.
C. The following items are the only items that may be placed in automated recycling
containers:
1. Recyclable items as listed in section 9.08.010.
9.08.100 Special Waste Materials Requiring Special Preparation:
This section shall apply to the disposal and collection of all special wastes collected in
the city.
The following special wastes may be placed in an automated refuse container for refuse
collection only if they are properly handled by following the instructions below.
A. Ash may be placed in the automated refuse container or other permitted refuse
container if it is completely cool to the touch and does not contain any hot or burning
coals or cinders. Before being placed in the automated refuse container or other
permitted refuse container, the ash must be sealed in a bag or other container to
prevent it from being released to the atmosphere during collection or transport.
B. Infectious waste, including sharps, may be placed in the automated refuse container
or other permitted refuse container if:
1. The amount of such infectious waste placed in that container in any one calendar
month does not exceed 25 pounds;
2. All sharps are completely contained in metal or rigid plastic puncture resistant
containers, equipped with tight fitting lids, and secured with packing tape to ensure
that the contents are not spilled;
3. All infectious wastes other than sharps are contained in disposable plastic bags
that are impervious to moisture and that have a minimum thickness of 3.0
millimeters, and that are tightly sealed to ensure that the contents are not spilled;
4. All bags and containers used for containment and disposal of infectious waste
including sharps shall be red in color and conspicuously labeled with the words
"Infectious Waste," "Biohazard," or with the international infectious waste symbol.
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C. Pharmaceutical waste may be placed in the automated refuse container or other
permitted refuse container if it is first rendered noxious or unrecoverable by mixing it
with used pet litter, used coffee grounds, or similar objectionable substance, and then
is sealed inside a bag or other container that will prevent it from being spilled or
scavenged from the refuse container.
D. Small animal waste material may be placed in the automated refuse container or other
permitted refuse container if it is dry and mixed with sand, sawdust, commercial pet
litter, or similar absorptive material, and double wrapped in paper or placed in a
separate plastic bag before being placed in a refuse container for disposal.
9.08.110 Materials Not Collected By Service Provider:
This section shall apply only to collections made by a service provider. The following
materials require special handling and disposal, and shall not be set out for collection by a
service provider, whether placed in a container or otherwise:
A. Flammable, corrosive, or explosive materials;
B. Hazardous or radioactive waste;
C. Hot or burning materials of any type;
D. Dead animals;
E. Sewage;
F. Asbestos waste;
G. Agricultural waste;
H. Household hazardous waste;
I. Electronic waste;
J. Sludge;
K. Waste tires.
9.08.115 Compliance With And Enforcement Of Recycling And Green Waste
Collection Service Laws:
A. In evaluating whether a violation regarding the recycling or green waste collection
service has occurred, city staff or the service provider has the right to visit the premises
of residences or eligible recycling customers that subscribe to the recycling or green
waste collection service to determine the presence and capacity of recycling or green
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waste containers, the presence and quantities of recyclable items in recycling containers,
the presence and quantities of green waste in green waste containers, the presence of
signs, flyers, stickers, and other information that promotes recycling, and to engage in
discussion with property managers, residents, and owners regarding their recycling or
green waste program.
B. The city may initiate an enforcement action based on its own observations or
notification by the service provider or other third parties of failure to comply with this
code and rules promulgated thereunder governing the recycling or green waste collection
service. The city or its service provider will notify the resident, owner, or eligible
recycling customer in writing describing the nature of the failure to comply.
C. The city reserves the right to discontinue recycling or green waste collection service
for any residence or eligible recycling customer that fails to comply with this code and
rules promulgated thereunder governing the recycling or green waste collection service.
The property owner or manager will be charged a service fee of eleven dollars ($11.00)
for each container removed from service.
D. For a period of six (6) months after the recycling or green waste collection service has
been discontinued due to a violation, the owner or eligible recycling customer shall not
be allowed to subscribe to the recycling or green waste collection service. After the six
(6) month period, the owner or eligible recycling customer may request recycling or
green waste collection service in accordance with section 9.08.030.
9.08.120 "No Dumping" Signs:
The city will furnish to any person who shall apply for the same a "no dumping" sign, at
cost, to be placed on any lot where solid or liquid waste of any type is likely to be
deposited, in accordance with approved regulations of the Salt Lake Valley Health
Department.
9.08.130 Unauthorized Collection:
It is unlawful for any person to remove any refuse, recyclable items, or green waste set
out for service provider collection on a regular collection day. Nothing herein shall be
construed to prohibit any person from removing refuse, recyclable items, or green waste
produced on premises actually occupied by the person removing said waste.
9.08.140 Damaging Garbage Containers:
A. All haulers of refuse, recyclable items, or green waste, including service providers,
shall, immediately upon emptying containers or receptacles, replace the cover thereon
and set such containers or receptacles in an upright position. All haulers, including
service providers, shall exercise reasonable care in the handling of refuse, recyclable
items, and green waste, and the containers or receptacles containing the same.
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B. It is unlawful for any person to willfully break, deface, or injure any container or
receptacle used to contain refuse, recyclable items, or green waste, or to do or permit
anything to be done in connection with such containers or receptacles or the contents
thereof that shall be offensive or filthy in relation to any person, place, building,
premises, or highway.
C. Damage to automated refuse, green waste, or recycling containers caused by placing
more than 160 pounds of solid waste in an automated 40-gallon refuse container, 200
pounds of solid waste in an automated 60-gallon refuse container, or 300 pounds of
solid waste or recyclable items in an automated 90-gallon container; or caused by hot
materials, corrosive materials, or any other solid waste, material, or substance that
cuts, melts, or ignites the container or other materials shall be paid for by the property
owner to whom the container is assigned at the cost of the container plus an eleven
dollar($11.00) service fee for each damaged container removed. A police case
number will be required on all cases of stolen containers before such container shall
be replaced. Missing containers replaced without a police case number shall be
charged at the city's cost. If a stolen container is subsequently recovered, the cost of
the replacement container shall be credited to the property owner's account.
9.08.145 Unlawful To Place On Streets Or Premises:
A. It is unlawful for any person to deposit, or for an owner or occupant of any premises
or vacant property to deposit or cause or permit to be deposited, or to allow to remain
deposited thereon, any solid or liquid waste in or upon any street or alley, or upon any
premises in the city, without express permission from the Salt Lake Valley Health
Department except within the specified time frame and requirements of the city's special
collection events as set forth in section 9.08.030(G).
B. If solid or liquid wastes are placed on the street during special collection events
described in section 9.08.030(G) that do not comply with the rules governing the
allowable type, placement, or separation of solid wastes, the solid or liquid wastes will
not be picked up and the resident occupying the property bordering the solid or liquid
waste will be required to remove and properly dispose of the solid or liquid waste.
Violations will be referred to the Salt Lake Valley Health Department.
9.08.150 [Reserved]
9.08.160 Vehicles Standing On Street Prohibited When:
It is unlawful for any person to suffer, permit, or allow any vehicle loaded with solid or
liquid waste to be or remain standing upon any public street within the city any longer
than may be necessary for the purpose of loading and transporting the same.
9.08.170 Befouling Gutters And Ditches Prohibited:
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It is unlawful for any person to sweep into or deposit any refuse, green waste, or any
other type of solid or liquid waste in any gutter or ditch within the city limits.
9.08.180 Polluting Water With Animals Or Fowl Prohibited:
It is unlawful for any person to throw or deposit any dead animal or fowl, or any live
animal or fowl for the purpose of drowning, in any reservoir, pool, canal, creek, or other
stream or body of water within the city.
9.08.185 Removal Of Dead Animals And Condemned Food By Contract:
The mayor or his or her designee may contract with a person to remove from the
corporate limits of the city any animal found dead within the city, or any meat, fish, or
poultry duly condemned as unfit for human food by inspectors acting under the Salt Lake
Valley Health Department, and to have the exclusive right to receive dead dogs and cats
from the city or other person at any place designated thereby for receipt of such. Such
contractor shall remove and properly dispose of all such without charge to the city.
9.08.190 Spilling Solid or Liquid Waste Or Recyclable Items On Streets Unlawful:
It is unlawful for any person engaged in hauling solid or liquid waste of any kind, or
recyclable items, to permit, allow, or cause any of said waste or items to fall and remain
in the streets.
9.08.200 Dumping Solid or Liquid Waste Or Recyclable Items Prohibited:
It is unlawful for any person to place, deposit, or dump solid or liquid waste of any type,
or recyclable items, upon any lot within the limits of the city, whether such lot is
occupied or vacant, and whether such person so placing, depositing, or dumping such
waste or items is the owner, tenant, occupant, or lessor thereof or has the same under his
or her jurisdiction and control.
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SECTION 2. This ordinance shall take effect July 1, 2009.
Passed by the City Council of Salt Lake City, Utah this 16th day of
June 009.
f,f i s u,S.;y5 's
' r:`i..',. ' 1,L,.j 1G CHAIRPER N
• r•ATTES r`rGRPORg' S'
CHIE D PUTY C Y E ORDER
Transmitted to Mayor on 6-16-09 .
Mayor's Action: Approved. Vetoed.
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MAYOR 4
ATTEST:
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E
� EPUTY CITY R C RDER
�, APPROVED AS TO FORM
\ EAhd32 of 2009. Salt LakeCyAtbrney'sOffice
: 7-1-09 Date Lf- 2-Y-0
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