Chapter 34 - SOLID WASTE [58]

Transcription

1 ORDINANCE 1883 ORDINANCE TO AMEND CHAPTER 34, SOLID WASTE OF THE CODE OF THE CITY OF FALLS CHURCH, VIRGINIA, TO CLARIFY AND REORGANIZE PROVISIONS IN SECTION 34-1, SECTION 34-2, SECTION 34-3, SECTION 34-4, SECTION 34-5, SECTION 34-6, SECTION 34-8 AND SECTION 34-9; TO ADD SECTION 34-7 TO CONTROL COMPOSTING PRACTICES WITHIN THE CITY OF FALLS CHURCH; TO AMEND SECTION 34-9 TO INCLUDE PREVENTION OF COUNTERFEIT STICKER CREATION. THE CITY COUNCIL OF THE CITY OF FALLS CHURCH, VIRGINIA, HEREBY ORDAINS THAT Chapter 34, Solid Waste, of the Code of Falls Church, Virginia, be amended and reenacted as follows: Chapter 34 - SOLID WASTE [58] (58) Cross reference Buildings, ch. 6; condominiums, 6-48 et seq.; health and sanitation, ch. 20; zoning property maintenance code ch. 33;streets, sidewalks and other public places, ch. 36; vegetation, ch. 44. (58) State Law reference Virginia Waste Management Act, Code of Virginia, et seq.; authority for the collection and disposal of solid waste, Code of Virginia, , Sec Definitions. Sec Declaration of policy; intent. Sec Residential Solid Waste Collection Sec Multi-family Solid Waste Collection Sec Commercial Solid Waste Collection Sec Contractor Solid Waste Collection Sec Composting on Private Property Sec Unlawful disposal. Sec Enforcement; administration. Sec Definitions The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandoned material means any material that is: (1) Disposed of; (2) Burned or incinerated; or (3) Accumulated, stored or treated, but not recycled, before or instead of being

2 Page 2 of 12 disposed of, burned, or incinerated. Accumulation means the acquisition or gradual gathering of solid waste or household hazardous waste, not confined in a container intended for disposal. Brush means any woody waste, including tree branches, small tree stumps, and large shrubs, i.e., too large to fit in a 30-gallon paper yard waste bag, all with a branch or trunk diameter of six inches or less. Bundle means to tie securely with cord or twine that is strong enough to hold the designated material together. Brush pile means an accumulation of cuttings or dead portions of trees, brush, or bushes placed in a pile or allowed to lie randomly on the ground, not exceeding the amount needed for kindling. City of Falls Church Recycling Center, means the facility designated and owned by the City at 217 Gordon Road where City of Falls Church residents can place recyclable materials. Commercial means establishments engaged in business operations other than manufacturing. This category includes, but is not limited to, the operation of stores, markets, office buildings, restaurants, and shopping centers. Compost means a mixture of decomposed remnants, containing organic materials designed for use in gardens or agriculture that when mixed into soil, improves soil structure and provide nutrients. (a) Food compost: means compost containing any combination of the following: fruit, vegetables, coffee grounds, tea bags, dried grass, green grass, weeds, straw, newspaper and sawdust. (b) Yard compost: means compost containing any combination of the following: brush, dried grass, green grass, straw, weeds, newspaper and sawdust. Compost pile means the intentional and controlled decomposition of organic materials in a humus like product or mulch to be used as a soil amendment, in a contained area. Construction and Demolition (C&D) Debris means any waste generated during construction, remodeling, repairs, or demolition of buildings, bridges, pavements, and other structures. This category of debris includes but is not limited to concrete, asphalt, lumber, steel girders, steel rods, wiring, dry wall, carpets, windows, doors, piping, tree stumps and other miscellaneous items. Discarded material means any material that is: (1) Abandoned material as defined in this section; (2) Recyclable material as defined in this section; or

3 Page 3 of 12 (3) Considered inherently wastelike. Garbage means readily putrescible discarded material composed of animal, vegetable or other organic matter. Hazardous waste means a "hazardous waste" as described by the Virginia Hazardous Waste Management Regulations (9 VAC 20-60). Household hazardous waste means products used in the household which require special disposal or contain ignitable, corrosive, reactive, or toxic ingredients or are otherwise potentially harmful if released into the environment. Examples of household hazardous waste include, but are not limited to, oil-based paints, wood finishing products, some household cleaners, pesticides, herbicides, and some batteries. Litter means any discarded waste material that is not contained within a legal waste receptacle. Mixed Containers means the combination of one or more of the following that include but are not limited to plastic jars, plastic tubs and containers, aluminum, glass bottles, or glass jugs. Mixed Paper means the combination of one or more of the following in the same container that include but are not limited to office paper, newspaper, cardstock, magazines, book pages, or other paper products. Municipal Solid Waste (MSW) means any garbage, refuse, recycling or other discarded material generated by residential, commercial, institutional, and industrial sources such as durable goods, nondurable goods, containers and packaging, food scraps, yard trimming, solid, liquid, or semi-solid material and miscellaneous inorganic wastes. MSW excludes solid wastes from other sources, such as construction and demolition debris, sludge, ash, and industrial process wastes. Organic material means materials derived from living origins; if it once grew or was derived from something which grew. Organic material includes, but it is not limited to, fruits and vegetables, leaves, grass and yard debris, as well as paper items. Principal Recyclable Material (PRM) means the recyclable material from the following list that comprises the majority of a business or commercial property's waste stream: newspaper, ferrous scrap metal, non-ferrous scrap metal, used motor oil, corrugated cardboard, container glass, aluminum, high-grade office paper, mixed paper, tin cans, cloth, automobile bodies, plastic, clean wood, brush, leaves, grass and other arboreal materials. "Principal recyclable materials" do not include large diameter tree stumps. Recyclable materials means any material which retains useful properties that can be reclaimed after the production or consumption process. Recycling bins means small, less than 25-gallon, open-top containers owned and provided by the City to residents receiving City provided recycling service for placement of recyclable materials.

4 Page 4 of 12 Recycling carts means large, lidded, rolling containers owned and provided by the City to residents receiving City provided recycling service of recyclable materials. Routes means the routes City-authorized collectors follow to collect materials, and include, but are not limited to curbsides, City-right-of-ways, and other places authorized by the City where persons place materials for pickup by City-authorized collectors. Refuse means the fraction of solid waste having the character of solids rather than liquids and which are composed wholly or partially of materials such as garbage, trash, rubbish, litter, or other discarded materials. Refuse carts means large, lidded, rolling containers owned and provided by the City to residents participating in City refuse service for placement of refuse. Carts may be requested in sizes of 35 gallons or 65 gallons. Solid waste means any non-hazardous garbage, refuse, recycling, yard waste, or other discarded material, including solid, semisolid, or contained liquid or gaseous material, resulting from residential, commercial, industrial, or other community activities. Single Stream Recycling: means a collection program that allows residents to put all recyclable materials (e.g., paper, bottles, cans, etc.) into one collection container without requiring the materials to be sorted or separated. Solid waste management plan means a comprehensive, integrated strategy, approved by City Council, which sets forth solid waste management goals and objectives, and describes planning and regulatory concepts to be employed by the City, and meets requirements as mandated by the Commonwealth of Virginia. Special Collection means a bulk collection provided to residential curbside customers receiving City solid waste service. Items to be included in a special collection include items too large or heavy to fit into City provided cart, or yard debris such as brush exceeding six inches in diameter, furniture, moving debris, and household appliances. Solid waste from any work done by a contractor shall not be included with special collections. Yard waste means that fraction of municipal solid waste that consists of grass clippings, leaves, brush, and tree and shrub prunings arising from general landscape maintenance. (Code 1982, 13-1; Ord. No. 1381, ; Ord. No. 1526, ; Ord. No. 1727, ) Cross reference Definitions and rules of construction, 1-2. Sec Declaration of Policy; Intent. It is hereby declared to be the policy of the City to promote the health and general welfare of the City by regulating the collection and disposal of solid waste in accordance with an integrated, comprehensive strategy for the management of solid waste generated within the City, to be referred to henceforth as the solid waste management plan. The provisions of this Chapter shall not affect the right of any person

5 Page 5 of 12 to sell or otherwise dispose of solid waste material as provided in the Virginia Code, Section , nor permitted under any other law of the Commonwealth of Virginia. (Code 1982, 13-2; Ord. No. 1381, ; Ord. No. 1727, ) Sec Residential Solid Waste Collection. (a) Residential Solid Waste (recycling, refuse, yard waste) Service. All residences having solid waste collected by the City are responsible for placing their solid waste curbside, based on a schedule to be determined by the City Manager, or the City Manager's designee. The City shall issue one recycling cart and one refuse cart to each residential address having solid waste collected by the City with a replacement schedule to be determined by the City manager, or the City Manager s designee. The City-issued carts shall remain the property of the City. When full, no single City provided solid waste cart shall exceed 65 gallons in capacity or exceed the gross weight designated by the manufacturer. Materials to be collected include all solid waste that results from normal household activities, excluding household hazardous waste, soil, block, stone, masonry, construction debris, motor oil, cooking oil and automobile parts. Additional special collection, yard waste and recycling requirements are described separately in 34-3 (c) 34-3 (d) and 34-3 (e). All solid waste receptacles shall be placed at the curb by 7:00 a.m. on the collection day or no earlier than 5:00 p.m. the night before the designated collection day and must be returned to the side or rear of the residence by evening on the day of collection or by 7:00 a.m. the day following collection. (b) Disposal charge. Residents receiving City solid waste service shall pay a solid waste disposal charge, to be set by resolution of the City Council. The billing schedule, due date for payment, and method of payment shall be determined by the City Manager or the City Manager s designee. Failure to pay this charge shall be enforced through any civil remedy available by law to the City and described in Sec (c) Special collections. The City shall provide collection of special items not picked up as a part of routine collection service. Only those residents receiving routine City solid waste service shall be provided with such special collection service. The items to be picked up and charges for special collection service shall be set by resolution of the City Council. Special collections will be made by request to the Department of Public Works pursuant to collection schedules established by the City Manager or the City Manager s designee. (d) Yard waste collection. Residents receiving City solid waste service shall also receive collection of yard waste. Yard waste shall be collected on a schedule set by the City Manager or the City Manager s designee and the following solid waste collection regulations shall apply, unless exempted by the City Manager for health and welfare reasons: (1) For seasonal collection only, leaves shall be piled in the right of way behind

6 Page 6 of 12 the curb, avoiding sidewalks and storm sewers. Brush, limbs, trash, etc., must not be mixed with the leaves. (2) Brush must be placed in compostable 30-gallon paper yard waste bags, or placed in containers with a capacity less than 30 gallons, or bundled with cord or twine and placed at the curb, avoiding sidewalks and storm sewers, and not in the gutter. Brush must be cut in lengths not exceeding five feet. No single bundle, bag or container shall weigh more than 50 pounds or be too large or bulky to be loaded safely by one person into the collection vehicle. Branch or trunk diameter shall not exceed six inches in diameter. (3) Waste from tree trimming or removal done by a contractor shall not be placed within City right-of-way and will not be picked up by the City. (4) Grass clippings, other small plant material (twigs, ivy, trimmings, etc.), and leaves collected other than during the seasonal collection period must be placed in 30-gallon paper yard waste bags purchased by residents. No single bag shall weigh more than 50 pounds. Yard waste bags shall be placed at the curb, avoiding sidewalks, gutters, and storm sewers. Residents receiving this collection shall pay a service fee to the City. The cost of service shall be set by resolution of the City Council. The method of payment shall be determined by the City Manager or the City Manager s designee. (5) Yard waste that is not bundled or placed in approved bags as outlined in subsections (d)(2) and (4) of this section will not be collected by the City and may be treated as a special collection item as outlined in subsection (c) of this section, with the resident charged accordingly. (e) Recyclable material collection. All residences receiving City refuse collection shall also receive curbside collection of recyclable materials. The schedule for collection and materials to be collected shall be set by the City Manager, or the City Manager s designee. (f) Removal of recyclable materials. It shall be unlawful for any person to remove any recyclable materials from recycling bins, recycling routes, or the City recycling center without permission of the City Manager or the City Manager's designee, or the person who placed the recyclable materials in the recycling bin or on the recycling route. (g) Cart and Bin Maintenance. Carts are the property of the City. City issued carts shall not be removed from the assigned cart address. Damaged carts reported to the City will be fixed or replaced. Carts that are intentionally damaged or removed are the responsibility of the owners or tenants at the assigned address. The owners or tenants will be assessed a replacement fee to be determined by the City Manager, or the City Manager's designee not to exceed 120% of the actual replacement cost. (Code 1982, 13-3; Ord. No. 1381, ; Ord. No. 1428, ; Ord. No. 1526, ; Ord. No. 1727, )

7 Page 7 of 12 Sec Multi-family Solid Waste Collection (a) Multi-family Solid Waste (recycling, refuse) Service. Any multi-family residence, town homes, or institution in the City not receiving routine City solid waste collection must provide adequate collection and disposal of solid waste items by contractor(s), subject to Sec. 34-6(a) Sec. 34-6(b) and Sec.34-6(c). (b) Recyclable Material Collection. Owners and licensees of all residential apartment and condominium buildings which receive private solid waste collection service must include collection of recyclable materials and refuse. The implementation schedule, frequency of collection, and types of materials to be collected is subject to Sec. 34-6(a) Sec. 34-6(b) and Sec. 34-6(c), Solid Waste Collection by Contractor. (c) Recycling Program Notification. Owners or licensees must provide recycling system users with notification regarding the use and participation in such system upon occupancy and at least once annually thereafter. This provision shall not impose any liability upon any apartment building owner or manager for failure of tenants to comply with the requirements for the separation of recyclable materials, nor upon any collector or transporter of recyclable materials for failure of its customers to comply with such regulations. The building owner, licensee, or designated representative must provide notification to building residents as follows: (1) Information on the recycling collection program must be distributed to all residents at least 30 days prior to program initiation. A second distribution must occur within six months after program implementation. (2) Notification must include a list of acceptable items, how they should be prepared before placing items in recycling areas, where they are to be placed, a schedule of collection days, and contact phone numbers for the information distributor and the hauler of recyclables. (3) Residents must be notified of any changes in the collection program at least two weeks in advance of the effective date. (4) Copies of written notification must be provided to the Department of Public Works at the time of distribution to residents. (d) Special Collection. Special collection service will only be provided by the City if solid waste service is also provided by the City. (Code 1982, 13-5; Ord. No. 1381, ; Ord. No. 1420, ) Sec Commercial Solid Waste Collection

8 Page 8 of 12 (a) Generally. Materials collected shall include solid waste that results from normal commercial activities, excluding hazardous waste, soil, block, stone, masonry, construction debris, antifreeze, motor oil, cooking oil, and automobile parts. Additional special collections and hauling schedule are subject to contract set forth between the commercial owner and solid waste hauler. Commercial solid waste collection is subject to Sec. 34-6, Solid Waste Collection by Contractor. (b) Recyclable material collection. All commercial residences shall also receive collection of recyclable materials. At a minimum, the materials to be collected are newspapers, mixed containers, three colors of glass bottles and jars, and aluminum and ferrous metal food and beverage containers. (c) Recycling source separation. Any business operated for profit within the City shall source separate, at a minimum, the principal recyclable materials and shall provide for collection of such source separated material(s) for transportation to a recycling center or recycling marketer. The recycling system shall, at a minimum, meet the recycling standards as approved by the City Council. Owners or licensees must provide recycling system users with notification regarding the use and participation in such system upon occupancy and at least once annually thereafter. This provision shall not impose any liability upon any commercial building owner or manager for failure of tenants to comply with the requirements for the separation of recyclable materials, nor upon any collector or transporter of recyclable materials for failure of its customers to comply with such regulations. (d) Removal of recyclable materials. It shall be unlawful for any person to remove any recyclable materials from recycling containers. (e) Annual report required. All nonresidential solid waste generators and companies that manage solid waste or recyclable materials generated in the City shall report annually by March 1 for the previous calendar year such nonproprietary information regarding waste generation, waste management, and recycling as is necessary to facilitate compliance with Code of Virginia, All reports required by the City shall be based on volume or weight of each material recycled; provided that where such measurements cannot be accurately determined, the report may be based on carefully estimated data. Where estimates are submitted, they must contain sufficient detail to reasonably describe how the estimate was prepared, including, but not limited to, such data as container volume, frequency of collection, percent full when collected, and the type of material collected for recycling. When information is withheld as proprietary, the report shall specify the nature of the information withheld and the basis for its proprietary determination. Annual recycling reports shall be submitted on a standardized form to be provided by the government, and shall be certified by a responsible company official. Said reports shall include; but not be limited to, the name and address of the reporting entity, period of time covered by the report, and type and weight/volume of each material reported. Supporting documentation used in preparation of the report shall be retained for audit and clarification of reported data for a period of two years following submission of said report. (Code 1982, 13-6; Ord. No. 1381, )

9 Page 9 of 12 Sec Solid Waste Collection by Contractor. (a) Generally. Any business, organization, or residence in the City not receiving routine City solid waste collection must provide adequate collection and disposal of solid waste items by contractor(s). Solid waste, including refuse, recycling and yard waste left in the City right-of-way for more than 48 hours will be considered unlawful disposal and will be subject to penalty as outlined in Sec Recycling, refuse and yard waste collection must occur in separate collection vehicles with no exceptions. Daily service hours shall not begin prior to 7:00 a.m. or continue after 7 p.m. Collection of designated items must be provided a minimum of once every two weeks. (b) Commercial receptacle requirements. Receptacles provided for solid waste collection must be tightly enclosed and remain closed when not in use, have a capacity of 150 percent of the normal solid waste stream, and consist of such material and construction as cannot harbor rodents, and such that a fire occurring within the receptacle will be self-contained. Open-top roll-off containers may not be used to collect, store, or transport municipal solid waste or any other putrescible items except by permitted use. (c) Sanitation. It shall be the joint responsibility of the customer and contractor to maintain the receptacle and its surrounding area in a clean and sanitary condition, maintained and operated as to prevent spillage of the type of solid waste to be collected therein. (Code 1982, 13-5; Ord. No. 1381, ; Ord. No. 1420, ) Sec Composting on Private Property (a) Generally. Residents are allowed to practice composting on their own property. There are two types of compost allowed: food compost, and yard compost. (1) Food Compost consists of food waste such as fruits and vegetables, and excludes dairy products, meat, greases and fats. (2) Yard Compost consists of yard waste such as grass clippings, leaves, weeds, and straw. (b) Container. All composting must occur in a container. The type of composting determines what type of container may be used. (1) Organic Food Compost. All food compost shall be contained in a fully enclosed container, with the exception of air vents, to prevent rodents and flies. Acceptable container materials include a container with a tight fitting lid constructed of wood, concrete, a combination thereof, or in a commercially available compost bin designated for composting organic food compost or food compost. An open compost pile is acceptable providing that the size of the pile does not exceed four feet in length, four feet in width, or four feet in height.

10 Page 10 of 12 (2) Yard Compost. All yard compost shall be contained on at least two sides by a container that encourages airflow. Acceptable container materials include wood, wire mesh, an open pile, a combination thereof, or in a commercially available compost bin designated for composting organic yard waste. (3) Container size. The total volume of compost shall not exceed one hundred and fifty (150) cubic feet in volume and shall not exceed five (5) feet in height. (c) Container location. (1) The compost container(s) shall be located at least five (5) feet from side or rear lot lines and be placed no closer than ten (10) feet to any habitable building, except the dwelling on the property at which the compost container is located. (2) Compost container(s) shall be located and designated so that any liquid seepage from the compost will not run into adjacent properties, private streets, storm sewers, streams or lakes. (3) Compost piles must be located a minimum of five (5) feet from any surface water, or storm sewer opening. (d) Acceptable materials (1) Food Compost. The following materials shall be allowed in a closed, food compost container: fruit, vegetables, coffee grounds, tea bags, dry leaves, dried grass, green grass, weeds, straw, shredded newspaper, and sawdust. (2) Yard Compost. The following materials shall be allowed in a yard compost container: coffee grounds, tea bags, dry leaves, dried grass, green grass, weeds, straw, shredded newspaper, and sawdust. (e) Prohibited Materials (1) The following materials shall not be placed in a food or yard compost container: meat, bones, fats, oils, dairy products and other greasy kitchen wastes, plastics, synthetic fibers, human or pet wastes, diseased plants, or other mixed municipal solid waste. (2) No herbicide or pesticides shall be added to a compost container or pile. (f) Maintenance. Compost containers and piles shall be maintained so as not to create odors, attract rodents, or become a nuisance. The compost shall be periodically turned and watered to incorporate all, to mix wet and dry mater, and to promote a rapid degradation of the composting material.

11 Page 11 of 12 (g) Nuisance. Any compost pile, which is not maintained correctly and enables the spread or harbor of disease, emits unpleasant odors or harmful gas, attracts rodents, vermin or pests, shall constitute a nuisance, and if so determined by the City or their representative considered unlawful and shall be enforced through the civil remedy available by law to the City and described in Sec Sec Unlawful disposal. (a) Household Hazardous waste. The City shall provide residents with alternatives for lawful disposal of household hazardous wastes. Residents shall not include household hazardous wastes with routine or special collection materials. (b) Illegal dumping. It shall be unlawful for anyone to dispose of solid or hazardous waste, except in the manners contained herein; for nonresidents to leave solid or hazardous waste for collection inside City limits; or for anyone to use commercial disposal containers (i.e., dumpsters) without lawful permission. (c) Littering. It shall be unlawful for any person to dispose of litter in or upon any exterior public or private property within the City, including, but not restricted to, any street, sidewalk, park, body of water, vacant or occupied lot, except by placement in a public litter receptacle, or private litter receptacle provided for public use. (d) Accumulation on premises. It shall be unlawful for any person within the City, whether in a commercial area or any other area, or a vacant lot or a developed lot, to allow solid or hazardous waste to accumulate on such premises. It shall be unlawful for any person to throw or dump solid or hazardous wastes onto any streets or lots in the City, public or private. It shall be unlawful for any person to cast, throw, or dump solid or hazardous waste into any streams or drainage areas in the City. (e) Vehicles dropping contents on street. Any person who transports in any vehicle or in any other manner upon any public place any loose material or articles likely to sift, fall, spill, or be blown upon the public way or place shall cover the contents thereof, or shall convey the contents in tightly secured and covered boxes or containers. If any of the contents shall be blown, spilled, fall or become scattered in or upon any public way or place, such person shall immediately cause such contents to be gathered up and removed. (Code 1982, 13-7; Ord. No. 1381, ; Ord. No. 1667, ) Sec Enforcement; administration. (a) Authorization. The Director of Public Works, or the director's designated representative, under the direction of the City Manager, is hereby authorized to enforce and administer the provisions of this chapter. (b) Unauthorized or counterfeit stickers. (1) It shall be unlawful to manufacture, possess, sell, use or distribute disposal

12 stickers which have not been authorized by the City for use in solid waste collection of excess refuse and yard waste described within this chapter. Ord Page 12 of 12 (2) It shall be unlawful to counterfeit or otherwise produce with intent to deceive, disposal stickers which imitate those stickers duly authorized by the City. (c) Penalties. It shall be unlawful for any person to violate any provision of this chapter. Any person found to be in violation of sections 34-3, 34-4, 34-5, 34-6, 34-7, or 34-8 shall be subject to a civil penalty of $ for the first violation. This penalty shall be imposed after a warning has been issued that gives the offending individual, owner, lessee, tenant or agent a specified time within which to comply with the chapter. Any person who continues to violate such provision of this chapter shall be subject to a civil penalty of $ for each subsequent violation. No person shall be cited for a violation more than once in any given day, and no person shall be fined more than a total of $3, for all violations arising out of the same set of facts. Civil penalties shall be imposed by the issuance of a civil summons by the City Manager or the City Manager s designee. Any person served with a summons shall have 30 days in which either to pay a fine to the City Treasurer, or to appeal the violation to the general district court. The City shall also have available to it all lawful remedies to require compliance, including, but not limited to, seeking injunctive relief. (Code 1982, 13-8; Ord. No. 1381, ; Ord. No. 1420, ; Ord. No. 1526, ; Ord. No. 1667, ) 1 st Reading: nd Reading: Adopted: (TO12-10) IN WITNESS WHEREOF, the foregoing was adopted by the City Council of the City of Falls Church, Virginia on September 24, 2012 as Ordinance Kathleen Clarken Buschow City Clerk