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077 of 2002 - Providing for curbside recycling pickup service to businesses and multi-family property. • 0 02-1 0702-37 1 12 SALT LAKE CITY ORDINANCE No. 77 of 2002 (Providing for curbside recycling pickup service to businesses and multi-family property) AN ORDINANCE AMENDING CHAPTER 9.08 OF THE SALT LAKE CITY CODE, RELATING TO GARBAGE AND REFUSE. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Section 9.08 of the SALT LAKE CITY CODE shall be, and the same hereby is, amended to read as follows: CHAPTER 9.08 GARBAGE AND REFUSE 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. "Automated Recycling Containers" means containers provided by the City to subscribers to the City's recycling pickup service. C. "Automated Refuse Containers" means containers provided by the City to residences for removal of garbage by the service provider. D. "Bulky waste" means large items of solid waste, including, but not limited to, appliances, furniture, motor vehicles, tires, branches and stumps. E. "Cinders" means the residue of materials burned in boilers, furnaces and heating plants of public buildings, places of business, apartment houses, hotels, and manufacturing plants. F. "Collector" means any person who collects or transports solid waste. G. "Community waste" means lawn cuttings, clippings from bushes and shrubs, leaves, sweepings from yards, tin cans, newspapers, magazines and cardboard cartons (but not bulky waste or construction and demolition waste). H. "Construction and demolition waste" means waste building materials and rubble resulting from construction, remodeling, repair or demolition operations on houses, commercial buildings, structures or pavements. I. "Eligible Business" means any place of business with access to a City curb that is located within the service provider's normal route of business. 2 12 J. "Eligible Multi-Family Property" means any multi-family property with access to City curb that is located within the service provider's normal route of business. K. "Garbage" means the animal and vegetable waste and other food refuse resulting from the handling, preparing, cooking or consumption of food, and other common discarded or useless household materials, but not including agricultural waste, bulky waste, community waste, construction and demolition waste, hazardous waste, radioactive waste, industrial waste, market waste, night soil, trade waste, dead animals, sludge, highly flammable or explosive material, septic tank or holding tank waste, other non-household waste, or hot ashes, cinders, clinkers and stove ash that could ignite other refuse. L. "Garbage Service" means the removal by the service provider of garbage contained in approved automated refuse containers. M. "Hazardous waste" means any solid or hazardous waste designated as such by the U.S. environmental protection agency or a combination of solid wastes that, because of its quantity, concentration, physical, chemical or infectious characteristics may: 1. Cause or significantly contribute to an increase in mortality or an increase in serious illness in humans; or 2. Pose a substantial present or potential hazard to human health or the environment if improperly treated, stored, transported, disposed of or otherwise managed. N. "Infraction" means a failure to comply with the City Code or rules promulgated thereunder. O. "Market waste" means condemned or decayed or unsound vegetables, meat, fish and fruit, and all waste and offal thereof from markets, stores and factories, and all vegetable waste and refuse from such markets, stores and factories. P. "Multi-Family Property" means any multi-family dwelling building or group of buildings that contain(s) four dwelling units or more on a single tax lot, including without limitation apartments, condominiums, mobile home parks. Q. "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, lessee, or 2. Is an executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. R. "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. 3 12 S. "Night soil" means the contents from privy vaults, cesspools, septic tanks, grease tanks and water closets. T. "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. U. "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. V. "Recyclable Material" is a material that otherwise would be abandoned or discarded, but which can be utilized in the secondary material market. Such material includes newspaper and inserts, corrugated cardboard, telephone books, paperboard (cereal boxes, paper twoel and toilet paper tubes, shoe boxes), magazines, home office paper, junk 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. W. "Recycling" means the series of activities, including collection, separation, and processing, by which products or other materials are recovered from or otherwise diverted from the solid waste stream. X. "Recycling Pickup Service" means the removal by the service provider of recyclable material contained in approved automated recycling containers. Y. "Residences and Residence" means buildings or dwellings comprising not more than three (3) residential dwelling units, including without limitation single family dwellings, 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. Z. "Service Provider" means the City or a person, firm or corporation working for the City engaged in the removal of solid waste, garbage, compostable material and/or recyclable material from any location within Salt Lake City. AA. "Solid waste" means garbage, refuse, trash, rubbish, hazardous waste, industrial waste, construction and demolition waste, dead animals, sludge, liquid or semiliquid waste; other spent, useless, worthless or discarded materials or materials stored or accumulated for the purpose of discarding; materials that have served their original purpose; or waste material resulting from industrial, manufacturing, mining, commercial, agricultural, residential, institutional, recreational or community activities. It does not include solid or dissolved materials in domestic sewage or in irrigation return flows, or discharges for which a permit is required under chapter 11, title 26, Utah Code Annotated, 1953 (as amended) or its successor, or under the federal water pollution control act, 33 USC section 1251 et seq., or successor sections. BB. "Source Separation" means a process that separates the recyclable material from solid waste prior to collection for the purpose of recycling such materials. 4 12 CC. "Stove ashes" means the residue of material burned in stoves and in furnaces in private residences, but not the residue from furnaces in apartment houses, hotels, business houses, heating or manufacturing plants. DD. "Trade waste" means all discarded wooden boxes, barrels, broken lumber, cardboard boxes, cartons, wastepaper, leather, rubber, excelsior, cuttings, sweepings, rags and other inflammable waste materials, and all discarded trade or manufacturing refuse from stores, factories or other places of business which are not included within the definitions of"garbage", "stove ashes" and "market waste". 9.08.020 City-County Health Department Powers: All scavenger work shall be subject to the direction and control of the Salt Lake City- County health department. It shall be the particular duty of the health department to make rules and regulations and to enforce the provisions of this chapter in reference to garbage and scavenger work. (Prior code § 18-2-1) 9.08.030 Garbage and Recycling Pickup Services: The city will provide for the collection and disposal, at the expense of the property owner, of garbage, community waste, stove ashes, recyclable material and other such refuse from residences, eligible multi-family properties and eligible businesses as provided herein. Said collection shall be under the supervision of the Department of Public Services pursuant to the following: A. Garbage and Recycling Pickup Services to Residences: 1. Garbage Service to Residences and Responsibility for Payment: Except where water, sewer and garbage service to the owner's premises is properly terminated or the owner notifies in writing the director of Public Services that the owner's garbage will be picked up by a private collector, the owner of every residence shall be responsible and liable for the below enumerated monthly charges for garbage service. The charge for such service shall be billed with the City's regular water and sewer billings to the owner of such Department of Public Utilities has records, and directly to the address of all other such residences provided by the director of the City's Department of Public Services. In those instances where the water and sewer bill is currently being sent to a tenant at the owner's request, the garbage service will be similarly billed. However, the owner is responsible to pay and is liable for all charges for garbage service furnished to the residence if such tenant or occupant shall fail to pay the same. 2. Charges for Garbage Service to Residences: a. Monthly charges for general garbage pick up service provided to residences for the City's fiscal year 2002-2003 shall be nine dollars seventy-five cents ($9.75) per month for the first automated container. The first automated refuse 5 12 container shall be delivered to residences without a delivery charge. Additional automated containers can be obtained for nine dollars seventy-five cents ($9.75) each per month plus a delivery fee of ten dollars ($10.00) each. These fees shall remain the same through fiscal year 2006-2007, subject to modification by future City Councils. 3. Recycling Pickup Services Available to Residences: Owners or occupants of residences may elect to subscribe to the City's recycling pickup service. Owners or occupants of residences will not be charged for this service in addition to the fee set forth in paragraph 2 above. B. Recycling Pickup Service Available to Eligible Multi-Family Property Owners and Eligible Businesses: 1. Recycling Pickup Service: Owners of eligible multi-family properties and eligible businesses may elect to subscribe to the City's recycling pickup service. A business or multi-family complex located outside of the service provider's normal routes may not be eligible to subscribe to the recycling program. Such service shall be billed with the City's regular water and sewer billings to owners of eligible multi-family properties and eligible businesses as the Department of Public Utilities has records. In those instances where the water and sewer bill is currently being sent to a tenant at the owner's request, the recycling pickup service will be similarly billed. However, the owner is responsible to pay for the recycling pickup service furnished such tenant, or any other occupant of the premises named in the Department of Public Utilities application, if such tenant or occupant shall fail to pay the same. 2. Charges for Recycling Pickup Services: Charges for recycling pickup service provided to the owner of an eligible multi-family property or eligible business for the City's fiscal year 2002-2003 shall be six dollars fifty cents ($6.50) per month for the first automated container. Additional automated containers can be obtained for six dollars fifty cents ($6.50) each per month. Automated recycling containers shall be delivered to eligible multi-family properties and businesses without a delivery charge. These fees shall remain the same through fiscal year 2006-2007, subject to modification by future City Councils. 3. Promotion and Education Requirements Regarding Recycling Pickup Service in Multi-Family Properties and Businesses. The business owner or manager of any eligible business who has subscribed to the City's recycling pickup service must distribute general recycling information and current program recycling guidelines to every employee within 14 days of employment and to all employees of the business annually. The owner or manager of any eligible multi-family property who has subscribed to the City's recycling pickup service must distribute general recycling information and current program recycling guidelines to every tenant housed in the complex within 30 days of occupancy and to all tenants 6 12 housed in the complex annually. 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 garbage collection and recycling pickup services to be rendered periodically at rates established in this chapter. In the event 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/or said department shall have the right to terminate water, sewer, garbage collection and recycling pickup services to said premises. Any uncollected 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 and/or garbage collection and recycling pickup services to that account and premises may be discontinued. 3. Restoration Of Service: Water, sewer, garbage and recycling pickup service shall not be restored until all charges shall have been paid. D. Deposits Required From Nonowners: All new water, sewer and garbage 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 garbage collection services which may accumulate. The amount deposited shall be not less than twice any monthly or bimonthly bill for garbage collection over the preceding year on such premises, but in no case shall it be less than ten dollars ($10.00). The department of public utilities shall issue a certificate of deposit. The amount deposited shall be refunded by the city treasurer to the holder upon the surrender of the certificate properly endorsed, provided all garbage bills and other charges are paid. All bills for garbage service must be paid promptly without reference to said deposit. Whenever any user of garbage collection services shall have failed to pay for garbage services rendered to such premises, the money deposited or any part thereof may be applied to the payment of such delinquent bills by the department of public utilities. The owner of the premises will be required to pay the remainder. E. Abatement: Those owners, each year, granted indigent abatement for taxes on their dwelling by Salt Lake County under section 59-2-1106 et seq., Utah Code Annotated, or its successor, shall be granted a fifty percent (50%) annual abatement of the above garbage pick up charges. 7 12 F. Enterprise Fund: All funds received from garbage service and recycling pickup service shall be placed in the garbage enterprise fund and left separate and apart from all other city funds. The collection, accounting and expenditure of all such funds shall be in accordance with existing fiscal policy of the City. G. Vacancies: In the event a residence being served is vacant and the owner is trying to sell it, or it is or will be vacant because of an extended vacation of the occupant, the owner may apply to the Public Services Director in writing for termination of garbage service for a specified period. The automated refuse and recycling container(s)will be picked up and returned pursuant to the owner's request upon payment of a ten dollar ($10.00) service fee. If said service fee is paid, no garbage collection fee shall be charged during the period of vacancy. (Ord. 28-02 § 1, 2002: Ord. 44-00 § 1, 2000: Ord. 37-97 § 1, 1997: Ord. 61-96 § 1, 1996: Ord. 45-93 § 20, 1993: Ord. 40-92, 1992: Ord. 47-90 §§ 1-3, 1990: Ord. 37-87 § 1, 1987: prior code § 18-2-3) 9.08.050 Vehicles Approval By Health Department: It is unlawful for any person to convey, transport, or haul through or upon any of the public streets, any garbage, swill, market waste, night soil or other similar refuse except in sanitary receptacles especially constructed for that purpose, the same to be subject to the approval of the city-county health department. (Prior code § 18-2-28) 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 garbage, ashes, market wastes, trade wastes, manure, night soil, loose paper, scrap lumber, excelsior, tree limbs, bush clippings, lawn clippings, house refuse, yard refuse, liquid wastes, or any other refuse materials, in open trucks, open trailers or other open conveyances, unless covered completely with a heavy tarp, canvas or other acceptable material subject to the approval of the city-county health department. Each vehicle must be covered with a heavy duty canvas or other heavy acceptable material at all times when the vehicle is being used for the collection of, or carrying, transporting or hauling garbage, manure, market waste, night soil, dead animals, or other refuse and is to be driven for a distance of five (5) blocks or more without making a stop. (Prior code § 18-2-30) 9.08.070 Refuse Container Specifications: A. This section shall apply only to collections made by the city or a private contractor working for the city. In the event 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 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 and recycling collection 8 12 vehicles. These containers shall be of such durability that they will be warranted for a minimum of five (5) years of normal use. 2. Damage to such refuse and recycling containers caused by hot ashes, clinkers, hot oil or any other material or substance that cuts, melts or ignites the container or other materials shall be paid for by the property owner. 3. No rocks, dirt or concrete shall be placed in automated containers. 4. Owners of residences and eligible multi-family properties and businesses using automated containers shall place all material to be collected within the container or containers. No cans, boxes, barrels or bundled refuse other than that contained in the automated containers shall be collected. There is no limit on the number of automated containers that may be obtained from the City by owners of residences and then placed out for collection. Residences are limited to one recycling container for every refuse container. 5. There is no limit on the number of automated recycling containers that may be obtained from the City by owners of eligible multi-family properties and businesses and then placed out for collection. 9.08.080 Containers For All Garbage And Market Waste: All garbage, recyclable material and market waste must be placed in rainproof and flyproof receptacles, either a metallic container with proper covers, or weather resistant paper bags specifically for use in garbage and refuse collection, having a method of closing the bag tightly, 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 and automated recycling containers are being used, they shall only be filled to a level that permits the lid to close. (Ord. 37-87 § 1, 1987: prior code § 18-2-15) 9.08.090 Collection Time-Placement Of Containers: A. Receptacles containing garbage, recyclable material and other waste matter to be collected and hauled by the service provider, shall be set out for collection at the places and at such times as may be designated by the order of the City- county health department. Such receptacles 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 before the hour of collection designated by the City- county health department. B. All empty receptacles must be removed from the street as soon as practicable after being emptied, and in every case must be removed from the street the same day they are emptied. No such receptacle shall be permitted to remain on any street longer than may be necessary for the removal of the contents thereof. (Prior code § 18-2-16) C. Recycling containers must be set on a City street for collection, not in a parking lot or alley way. 9.08.100 Materials Requiring Special Preparation: 9 12 This section shall apply only to collections made by the City or a private contractor working for the City. A. Small animal waste material must be 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. B. Sharp objects such as broken glass, knives and hypodermic needles must be double wrapped in paper or other suitable material so that no sharp edge is exposed before being placed in a refuse container for disposal. (Prior code § 18- 2-17.1) C. Recyclable material must be source separated from garbage and hazardous waste. Only those items deemed as recyclable material by the City shall be placed in the recycling container. 9.08.110 Materials Not Collected By service provider: This section shall apply only to collections made by the service provider. The following materials shall not be set out for collection by the service provider, whether placed in a container or otherwise: A. Highly inflammable or explosive materials; B. Hazardous or radioactive waste material; C. Hot ashes, cinders, clinkers or stove ashes which could ignite other refuse; D. Dead animals; E. Septic tank waste or holding tank waste from recreational vehicles or travel trailers. (Prior code § 18-2-17) 9.08.115 Compliance with and enforcement of recycling pickup service laws In evaluating whether an infraction regarding the recycling pickup service has occurred, City staff or the City's contractor has the right to visit the premises of multi-family properties, businesses and residences that subscribe to the recycling pickup service to determine the presence and capacity of recycling containers, the presence and quantities of recyclable material in recycling containers, the presence of signs, flyers, stickers and other information which promotes recycling, and to engage in discussion with tenants, employees, and owners regarding their recycling program. The City may initiate an enforcement action based on its own observations or notification by the service provider or other third parties for infractions. The City or its service provider will notify the resident or owner in writing describing the nature of the infraction. The City reserves the right to discontinue recycling pickup service for any residence, multi-family property, or business that fails to comply with the City Code and rules promulgated thereunder governing the recycling pickup service. 10 12 For a period of six months after the recycling pickup service has been discontinued due to infractions, the residence owner, multi-family property owner or business owner will not be allowed to subscribe to the recycling pickup service. 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 offensive or other refuse is likely to be deposited, in accordance with approved regulations of the city-county health department. (Prior code § 18-2-32) 9.08.130 Unauthorized Collection: It is unlawful for any person to remove any community waste set out on a public street or alley for service provider collection on a regular garbage and refuse collection day without written authorization from the department of public services. Nothing herein shall be construed to prohibit any person from removing community waste which has been produced on premises actually occupied by the person removing said waste. (Ord. 45-93 § 21, 1993: prior code § 18-2-37) 9.08.140 Damaging Garbage Containers: A. All licensed collectors of garbage, recyclable material or other refuse and City employees engaged in garbage and refuse collection shall, immediately upon emptying receptacles, replace the cover thereon and set such receptacles in upright position. All garbage and recycling collectors shall exercise reasonable care in handling of garbage, recyclable material and other refuse and the receptacles containing the same. B. It is unlawful for any person to wilfully break, deface or injure any receptacle used to contain garbage, recyclable material or other refuse, or to do or permit anything to be done in connection with such receptacles or the contents thereof which shall be offensive or filthy in relation to any person, place, building, premises or highway. (Prior code § 18-2-21) 9.08.145 Unlawful To Place On Streets Or Premises: It is unlawful for any person, 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 garbage, recyclable material, market waste, stove ashes, trade waste, or any other similar refuse in or upon any street or alley, or upon any premises in the city, without express permission from the board of health. (Ord. 37-87 § 1, 1987: prior code § 18-2-8) 9.08.150 Placing Loose Trade Waste On Street Prohibited: It is unlawful for any person to place or cause to be placed upon any street or alley, for the purpose of collection or otherwise, any loose paper, excelsior or similar trade waste. All such trade waste must be baled or placed in sacks securely tied or otherwise containerized, as directed elsewhere in this chapter, before collection is made. (Ord. 37- 87 § 1, 1987: prior code § 18-2-18) 9.08.160 Vehicles Standing On Street Prohibited When: 11 12 It is unlawful for any person to suffer, permit or allow any vehicle loaded with community waste, garbage, manure, slops, swill, market waste or other refuse 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. (Prior code § 18-2-29) 9.08.170 Befouling gutters and ditches prohibited. It is unlawful for any person to sweep into or deposit any rubbish or refuse in any gutter or ditch within the City limits. (Ord. 88-86 § 29, 1986: prior code § 18-2-19) 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 purpose of drowning, in any reservoir, pool, canal, creek or other stream or body of water within the City. (Prior code § 18-2-20) 9.08.185 Removal of dead animals and condemned food by contract. The mayor or his or her designee may contract with a person or corporation 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 board of health, 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. (Ord. 37-87 § 1 (part), 1987: prior code § 18-2-10) 9.08.190 Spilling garbage or recyclable material on streets unlawful. It is unlawful for any person engaged in hauling garbage, recyclable material, manure, rubbish or other matter of any kind to permit, allow or cause any of said matter to fall and remain in the streets. (Prior code § 18-2-27) 9.08.200 Dumping garbage, refuse or recyclable material prohibited. It is unlawful for any person to place, deposit or dump garbage, recyclable material, ashes, market waste, paper boxes, cartons, trade waste, manure or night soil, or any other refuse, 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 refuse is the owner, tenant, occupant or lessor thereof or has the same under his or her jurisdiction and control. (Prior code § 18-2-31) SECTION 2. EFFECTIVE DATE. That this ordinance shall take effect on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this 10th day of December 2002. CHAIRPERSON 4 12 12 ATTEST: HIEF DEPUTY Y RECORDER Transmitted to the Ma or on December 12, 2002 Mayor's Action: R-Approved ❑Vetoed MAYOR TEST: APPROVED AS TO FORM Salt Lake City Attorney's Office vi • A N 04, dz_ Date HIEF DEPUTY ITY R:CORDER By CT (SEAL) Bill No. 77 of 2002 4c „ ! Published: DerPmher 24, 2002 OP ATF ' G:\KM0159\Ordinances and Regulations\Chapter 9.08-Garbage and Refuse MBK REVISION-clean.doc