NEWS & EVENTS‎ > ‎

Jan 14 - City Recycling Code Update

posted Jan 14, 2015, 6:40 PM by PJ Brennan   [ updated Jan 14, 2015, 7:15 PM ]
Chapter 161 (Recycling) of the City Code currently requires recycling only for newspapers and needs to be updated to reflect the current program. 

"The Recycling code (Chapter 161) was first adopted by the Mayor and Council on January 12, 1988. The code reflected City recycling efforts at the time, which only collected newspapers. The code was amended 3 times since its adoption. The first was in March of 1988, when the code was changed to include that recycling would be picked up once per week. The second amendment occurred in December 1991, which included changes to "§ 161-2. Establishment ofprogram", "§161-3. Separation; placement; collection; violation", and "§161-4. Collection by unauthorized person prohibited; violations and penalties". The last amendment occurred in February 2001, with changes to "§161-4. Collection by unauthorized person prohibited; - violations and penalties". At this time, the Recycling code still only covers collection of newspapers.

Staff has drafted a revised code to properly reflect the current recycling program. This has been a complete re-write and it was not feasible to create a redlined document.

There is one section of the code that would institute a policy that is different than current practice: mandatory residential recycling (§ 161-3. A). This addition is an effort to boost recycling and lower the amount of recyclables going to the landfill (and thus reducing landfill costs). City recycling rates have remained relatively steady since the institution of single-stream recycling. The curbside recycling rate* in 2009, which was the first full year of single stream collection, was 21.03%. By 2013, it has risen to 22.68%."

~Bob Stumpff, Director of Public Works

At the Council Worksession on November 18, 2014, staff discussed proposed changes to the recycling code with the Council. The City Attorney was directed to draft an ordinance. The attached draft would repeal and replace the City's recycling code in its
entirety. It makes the recycling of certain material mandatory for residential properties that have City collection. It does not address commercial properties, nor those with private collection, such as rental properties. 

The original text is completely deleted and replaced with the following:

CHAPTER 161 RECYCLING

§161-1. ESTABLISHMENT OF PROGRAM.

THE CITY CURBSIDE RECYCLING PROGRAM, TO REQUIRE SOURCE SEPARATION AND PLACEMENT FOR COLLECTION OF RECYCLABLE MATERIALS BY ALL OWNERS AND RESIDENTS RECEIVING CITY SOLID WASTE COLLECTION SERVICES, IS HEREBY ESTABLISHED.

§161-2. DEFINITIONS. 

AS USED IN THIS CHAPTER, THE FOLLOWING TERMS SHALL HAVE THE MEANINGS INDICATED: 

ALUMINUM. INCLUDES ALUMINUM ALLOY IN THE FORM OF CONTAINERS USED FOR FOOD AND BEVERAGES, ALUMINUM FOIL, AND DISPOSABLE ALUMINUM BAKING PANS. 

BRUSH. ORGANIC WOODY TRIM TYPICALLY CONSISTING OF BRANCllES, LIMBS, STICKS,  TWIGS,  AND SUvllLAR MATERIAL. 

CARDBOARD. INCLUDES CORRUGATED CARDBOARD AND PAPERBOARD OF THE TYPE USED FOR MAKING BOXES AND CARTONS.

CART. THE CONTAINER DESIGNATED BY THE CITY IN WHICH RECYCLABLES ARE TO BE HELD FOR STORAGE AND TRANSPORTATION.

CITY. THE CITY OF COLLEGE PARK AND ITS INCORPORATED AREA.

COLLECTOR. ANY PERSON OR FIRM, INCLUDING THE CITY, THAT COLLECTS OR CONTRACTS TO COLLECT AND PROVIDE SERVICES FOR COLLECTION AND/OR TRANSPORTATION OF THE DESIGNATED RECYCLABLE MATERIAL OF OTHERS TO AN APPROVED DISPOSAL SITE.

CURBSIDE COLLECTION. PROCESS WHERE MATERIALS ARE COLLECTED IN OR NEAR THE RIGHT-OF-WAY, GENERALLY IN FRONT OF THE PROPERTY.

DIRECTOR OF PUBLIC WORKS. THE DIRECTOR OR HIS/HER DESIGNEE.

ELECTRONICS. ANY ELECTRONICS ITEM INCLUDING, BUT NOT LIMITED, TO COMPUTERS, TABLETS, KEYBOARDS, MICE, PRINTERS, SCANNERS, FAX MACHINES, TVS, VCRS, DVD/CD/MP3 PLAYERS, STEREOS, RADIOS, TURNTABLES, SPEAKERS, TELEPHONES, CELL PHONES, PDAS, DIGITAL CAMERAS, CAMCORDERS, ELECTRONIC GAME DEVICES, CABLES/CORDS, ELECTRIC TOOLS, VACUUM CLEANERS, MICROW A YES, AND OTHER HOUSEHOLD APPLIANCES.

GLASS CONTAINER. INCLUDES ALL CLEAR (FLINT), GREEN AND BROWN (AMBER) COLORED GLASS FOOD AND BEVERAGE CONTAINERS. GLASS CONTAINERS SHALL NOT INCLUDE BLUE GLASS CONTAINERS, CERAMICS, CRYSTAL, LIGHT BULBS, PLATE WINDOW, LAMINATED, WIRED, OR MIRRORED GLASS.

HIGH GRADE OFFICE PAPER. INCLUDES WHITE OR OFF-WHITE, FINE, BOND, LEDGER, OFFSET, XEROGRAPHIC, AND COMPUTER PAPER AND RELATED TYPES OF CELLULOSIC MATERIAL CONTAINING NOT MORE THAN TEN PERCENT (10%) BY WEIGHT OR VOLUME OF NONCELLULOSIC MATERIAL SUCH AS LAMINATES, COATINGS, OR SATURANTS.

LEAVES. INCLUDES THE FOLIAGE OF TREES, BUSHES, AND SHRUBS.

MIXED PAPER. INCLUDES A WIDE RANGE OF PAPER STOCK AND CONSISTS OF UNSORTED MIXED PAPER SUCH AS NEWSPAPER, MAGAZINES, GLOSSY ADVERTISEMENTS, PAPERBOARD, OFFICE PAPER, PHONE BOOKS, CARDBOARD, AND SOFT AND HARD BOUND BOOKS. SHREDDED PAPER MUST BE CONTAINED IN A SEALED PAPER BAG. MIXED PAPER SHALL NOT INCLUDE SOILED PAPER, PAPER CUPS, TOWELS, TISSUES, NAPKINS OR PLATES.

NEWSPAPER. A PERIODICAL PRINTED ON A PAPER COMMONLY REFERRED TO AS NEWSPRINT.

PAPER. INCLUDES ALL NEWSPAPER, HIGH-GRADE OFFICE PAPER, FINE PAPER, BOND PAPER, OFFSET PAPER, XEROGRAPHIC PAPER, MIMEOGRAPH PAPER, DUPLICATOR PAPER, AND RELATED TYPES OF CELLULOSIC MATERIAL CONTAINING NOT MORE THAN TEN PERCENT (10%) BY WEIGHT OR VOLUME OF NON CELLULOSIC MATERIAL SUCH AS LAMINATES, BINDERS, COATINGS, OR SATURANTS.

PLASTIC. A CLASS OF COMPOUNDS COMPOSED OF SYNTHETIC THERMOPLASTIC.

POLYMERIC MATERIAL. INCLUDES NARROW AND WIDE MOUTH FOOD AND BEVERAGE CONTAINERS LABELED #1 , #2, #3, #4, #5, #6, OR #7. EXPRESSLY EXCLUDES PLASTIC BAGS/FILM AND FOAM TRAYS, CUPS, PLATES, BOWLS, AND ALL FOAM PACKAGING MATERIAL, ALSO KNOWN AS EXPANDED POLYSTYRENE.

RECYCLABLE MATERIALS. MATERIALS REQUIRED TO BE SOURCE SEPARATED AND PLACED FOR COLLECTION AS REQUIRED BY §161-3 INCLUDE:
BRUSH
CARDBOARD
ELECTRONICS
GLASS CONTAINERS
METAL, INCLUDING ALUMINUM, STEEL, AND TIN CONTAINERS AND CANS,
ALUMINUM FOIL, AND ALUMINUM BAKING PANS
MIXED PAPER
NEWSPAPER
PLASTIC CONTAINERS (#S 1-7)
YARD TRIM

RECYCLING. THE PROCESS BY WHICH MATERIALS, THAT WOULD OTHERWISE BECOME SOLID WASTE, ARE COLLECTED, SEPARATED, OR PROCESSED, AND RETURNED TO THE ECONOMIC MARKETPLACE IN THE FORM OF RAW MATERIALS OR PRODUCTS.

RESIDENT. A PERSON RESIDING WITHIN THE CITY ON A PERMANENT OR TEMPORARY BASIS.

SCAVENGING. REMOVING RECYCLABLE MATERIALS FROM A DESIGNATED RECYCLING CONTAINER OR AREA WITHOUT APPROVAL FROM THE OWNER OR OPERATOR OF THE RECYCLING OPERATION DESIGNATED TO RECOVER AND PROCESS THE MATERIALS.

SOLID WASTE. ALL WASTE MATERIAL, COMBUSTIBLE OR NONCOMBUSTIBLE, FROM ALL PUBLIC AND PRIVATE ESTABLISHMENTS AND RESIDENCES. SOLID WASTE INCLUDES TRASH, GARBAGE, RUBBISH, OFFAL, AND OTHER REFUSE, BUT NOT BODY EXCREMENTS.

SOURCE SEPARATION. THE ACT OF SEPARATING RECYCLABLE MATERIALS FROM SOLID WASTES FOR THE PURPOSE OF COLLECTION, DISPOSITION, REUSE, COMPOSTING, AND RECYCLING.

YARD TRIM. ORGANIC, VEGETATIVE TRIM TYPICALLY CONSISTING OF LEAVES, GRASS CLIPPINGS, WEEDS, THATCH, AND SIMILAR SOFT VEGETATIVE MATERIAL. 

§161-3. DUTIES OF OWNERS AND OCCUPANTS RECEIVING CITY SOLID WASTE COLLECTION SERVICES.

A. ALL RESIDENTS OF, AND OWNERS OF PROPERTY WITHIN, THE CITY WHO RECEIVE SOLID WASTE COLLECTION SERVICES FROM THE CITY SHALL SOURCE SEPARATE RECYCLABLE MATERIALS FROM SOLID WASTE.

B. RECYCLABLE MATERIALS (EXCEPT YARD TRIM) SHALL BE PLACED IN A CITY-ISSUED CART. CARDBOARD SHALL BE FLATTENED AND CUT TO SIZE TO FIT IN THE RECYCLING CART. CARDBOARD QUANTITIES TOO LARGE TO FIT IN THE CART MUST BE FLATTENED, BUNDLED WITH STRING, AND PLACED NEXT TO THE RECYCLING CART. RECYCLABLE MATERIALS SHALL BE PLACED LOOSE IN THE RECYCLING CART AND NOT IN BAGS.

CONTAINERS SHALL BE EMPTIED, RINSED OUT AND FREE OF RESIDUE PRIOR TO PLACEMENT IN THE CART FOR COLLECTION. RESIDENTS MAY REQUEST ADDITIONAL CARTS FROM THE DIRECTOR OF PUBLIC WORKS TO CONTAIN ALL ROUTINELY ACCUMULATING RECYCLABLE MATERIALS BETWEEN COLLECTIONS. FILLED CARTS SHALL NOT WEIGH MORE THAN
75 POUNDS.

C. ALL RECYCLING CARTS SHALL BE PLACED AT THE CURBSIDE BY 7:00A.M. ON SCHEDULED RECYCLING COLLECTION DAYS BUT NOT MORE THAN TWENTY-FOUR (24) HOURS PRIOR TO 7:00A.M. ON THE SCHEDULED COLLECTION DAY DESIGNATED FOR THE AREA IN WHICH THE PROPERTY IS LOCATED. CARTS SHALL BE PLACED, WHERE POSSIBLE, ONLY ON THE GRASS ADJACENT TO THE CURB. IT IS ADVISED TO KEEP CARTS AT LEAST THREE FEET APART FROM EACH OTHER, UTILITY POLES, FENCES, FIRE HYDRANTS AND OTHER STRUCTURES. CARTS THAT ARE BLOCKED BY VEHICLES OR OTHER OBSTRUCTIONS WILL NOT BE COLLECTED. CARTS SHALL BE REMOVED FROM THE CURB PRIOR TO 12:00 MIDNIGHT ON RECYCLING COLLECTION DAYS. CARTS SHALL BE STORED ON EACH PROPERTY AT THE REAR OR SIDE IN SUCH A MANNER AS NOT TO BE VISIBLE FROM THE PUBLIC RIGHT-OF-WAY IN FRONT OF THE RESIDENCE.

D. PREMISES WITH NO RESIDENT PHYSICALLY ABLE TO PLACE AND REMOVE BINS FROM THE CURB MAY REQUEST AN EXEMPTION FROM THESE REQUIREMENTS BY FILING AN ANNUAL APPLICATION WITH THE DIRECTOR OF PUBLIC WORKS.

E. CARTS SHALL ONLY BE USED FOR COLLECTION OF RECYCLABLE MATERIALS, AND WILL BE KEPT CLEAN BY THE RESIDENT.

F. RESIDENTS PLANNING ON DISPOSING OF ELECTRONICS MUST SOURCE SEPARATE THESE ITEMS FROM OTHER RECYCLABLE MATERIALS AND SOLID WASTE. A PICKUP MUST BE SCHEDULED FOR THESE ITEMS, WHICH SHALL BE PLACED AT THE CURB ON THE SCHEDULED DAY OF COLLECTION. THE CITY HAS DISCRETION WITH RESPECT TO WHICH ITEMS WILL BE COLLECTED FOR ELECTRONICS RECYCLING BASED ON MARKET FACTORS.

G. WITH THE EXCEPTION OF LEAVES PLACED FOR COLLECTION DURING POSTED COLLECTION PERIODS, YARD TRIM GENERA TED BY RESIDENTS SHALL BE PLACED IN PAPER BAGS OR REUSABLE CONTAINERS AS APPROVED BY THE CITY, AND PLACED ADJACENT TO THE CURB ON REGULARLY SCHEDULED COLLECTION DAYS. YARD TRIM SHALL BE FREE OF ROCKS, SOIL, TREE BRANCHES AND OTHER SOLID DEBRIS AND NOT WEIGH MORE THAN SEVENTY -FIVE (75) POUNDS. REUSABLE CONTAINERS MUST DISPLAY A YELLOW YARD TRIM DECAL PROVIDED BY THE CITY AT NO CHARGE.

H. BRUSH, SUCH AS BRANCHES, LIMBS, STICKS, TWIGS, AND SIMILAR WOODY MATERIAL, SHALL BE PACKED IN BUNDLES TIED WITH ROPE, TWINE OR STRING, OR PLACED IN PAPER BAGS OR REUSABLE CONTAINERS AND SHOULD BE NO MORE THAN FIVE (5) FEET IN LENGTH AND NOT WEIGHING MORE THAN SEVENTY-FIVE (75) POUNDS. BUNDLED ITEMS TIED WITH WIRE WILL NOT BE COLLECTED. TREE STUMPS, TRUNKS AND LIMBS GREATER THAN TWELVE (12) INCHES IN DIAMETER WILL NOT BE COLLECTED. 

I. LOOSE LEAVES MAY BE PLACED AT THE CURB DURING POSTED COLLECTiON PERIODS. LEAF PILES SHALL BE PLACED AWAY FROM
STORM DRAINS AND BE FREE OF ROCKS, WIRE, VINES, OR OTHER SOLID DEBRIS. LEAVES SHALL BE BAGGED AT ALL OTHER TIMES DURING NONPOSTED COLLECTION PERIODS.

J. ALL RECYCLABLE MATERIALS SHALL BE PLACED INSIDE THE RECYCLING CART, EXCEPT AS OTHERWISE STATED IN THIS CHAPTER. RECYCLABLE MATERIALS PLACED ON THE GROUND OR IN UNAPPROVED CONTAINERS WILL NOT BE COLLECTED BY THE CITY. FILLED CARTS SHALL NOT WEIGH MORE THAN 75 POUNDS.

§161-4. CITY'S RIGHT TO REFUSE PICKUP.

THE CITY RESERVES THE RIGHT TO REFUSE COLLECTION OF MATERIALS IF THE PUBLIC WORKS DIRECTOR OR OTHER CITY STAFF DETERMINE THAT MATERIALS BEING PLACED FOR CURBSIDE PICKUP ARE UNACCEPTABLE OR IMPROPERLY PREPARED OR CONTAINED PER THE PROVISIONS OF THIS CHAPTER. THE CITY WILL PROVIDE THE RESIDENT WITH A NOTICE EXPLAINING THE INFRACTION. THE RESIDENT WILL THEN BE RESPONSIBLE FOR REMOVING THE MATERIALS FROM THE CURB OR OTHER LOCATION AND PREPARING
MATERIALS TO MAKE THEM APPROPRIATE FOR COLLECTION.

§161-5. USED MOTOR OIL RECYCLING.

A RECEPTACLE FOR RECYCLING USED MOTOR OIL ONLY IS PROVIDED YEAR ROUND AT THE PUBLIC WORKS FACILITY AND IS AVAILABLE AT ALL TIMES. OIL SHALL BE DEPOSITED IN ACCORDANCE WITH DIRECTIONS POSTED AT THE FACILITY BY THE CITY. DISPOSAL OF ANY OTHER ITEMS AT THE FACILITY SHALL CONSTITUTE ILLEGAL DUMPING.

§161-6. COLLECTION BY UNAUTHORIZED PERSONS.

IT SHALL BE UNLAWFUL FOR ANY PERSON WHO IS NOT AUTHORIZED BY THE CITY TO RECOVER, SALVAGE, SCAVENGE OR OTHERWISE REMOVE, OR CAUSE TO BE SALVAGED, SCAVENGED, OR REMOVED, ANY RECYCLABLE MATERIAL FROM ANY BIN OR CONTAINER PLACED FOR CITY COLLECTION.

§161-7. ACCEPTABLE MATERIAL.

A CITY RESIDENT OR OWNER MAY ONLY PLACE FOR COLLECTION RECYCLABLE MATERIALS GENERA TED AT THE PROPERTY LOCATED IN THE CITY THAT THE PERSON OWNS, OR AT WHICH THE PERSON RESIDES.

§161-8. VIOLATIONS AND PENALTIES.

ANY PERSON VIOLATING ANY OF THE PROVISIONS OF THIS CHAPTER SHALL BE GUlL TY OF A MUNICIPAL INFRACTION AND IS SUBJECT TO THE PENALTY PROVIDED IN CHAPTER 110, FEES, AND PENAL TIES, OF THIS CODE. 

PUBLIC HEARING ON FEBRUARY 10.

Ċ
PJ Brennan,
Jan 14, 2015, 6:56 PM
Comments