This curbside recycling program is established as a step to achieve diversion goals associated with AB 939 and is a key component in the efforts to comply with the mandates of AB 939.
as used in this chapter, means any material that has been designated by the City for collection in a residential recycling program. Curbside recyclable materials include, but are not limited to, aluminum cans, glass, newspaper, mixed paper, steel/tin cans, cardboard, and authorized plastics. This list may change as markets change to accept more, or fewer, materials for processing in accordance with the administrative rules and procedures established by the Director of Public Services and approved by the City Manager without amendment of this chapter.
The curbside recycling program is mandatory to all single-family and multi-family residents to whom refuse collection containers are provided and a recycling fee is included as part of the refuse collection rate.
Residential customers have the right to sell or donate their recyclable material. Nothing herein shall limit the right of residents or businesses to take cash redemption value of "CRV" or other material to a recycling center so long as the resident otherwise participates in the recycling program established by this chapter.
(§ 1, Ord. 1045, eff. March 1, 2006)
The Director of Public Services is hereby authorized to promulgate administrative rules and procedures subject to the approval of the City Manager that are consistent with this chapter and necessary and proper to ensure the efficient operation of the recycling program. The City Council, in establishing this rule-making authority, specifically reserves unto itself the authority to set rates and charges.
(§ 1, Ord. 1045, eff. March 1, 2006)
Containers that are provided by the service provider shall be the exclusive containers for the deposit of recyclable material and shall be kept in good repair by the customer, reasonable wear and tear excepted. The cost to replace a container that is lost, damaged, or not returned to the City upon cessation of service shall be charged to the customer.
Distribution of containers. Contractor and City shall offer containers in approximately 95 gallon size for use by each residential dwelling for the collection recycling. The contractor, upon the request of a customer, shall provide additional containers for recycling. Additional recycling containers shall be provided at an additional cost to the customer. All containers shall remain the property of the contractor and/or the City.
Containers for apartment and condominium complexes. Contractor shall provide one or more bins to apartment and condominium complexes according to their size and layout, recyclables accumulated, and in accordance with the appropriate building codes.
Repair and replacement of containers. Contractor shall repair, at no additional cost, any container that is damaged, where such damage, as determined by the City, is not due to customer misuse or negligence. When a container is damaged with a determination that the damage was caused by customer misuse or negligence, the customer shall reimburse the City to replace the damaged container at the current invoice cost.
Special handling provided for senior citizens and disabled customers. The contractor, at the request of the City, shall wheel out and return the containers for disabled households. There will be no additional charge for such service. For the purposes of this section, "disabled households" shall mean those households composed entirely of persons who, by reason of disability, are unable to wheel containers to the curbside for weekly collection. To qualify, a City representative will personally interview such individuals and verify their disability status and determine whether there is another individual residing in the household who is capable of taking the containers to the curbside. Once eligibility has been verified, a location acceptable to the customer and City will be chosen where the containers will be picked up and returned.
Change in distribution methods and container sizes. City may approve changes in distribution methods and/or container sizes without amendment to this chapter.
Residents of the City will be provided recycling containers. The Finance Department of the City will provide each customer with the day of service, costs and regulations governing recycling service.
Residents shall take their recycling containers to curbside for the automated or semi-automatic refuse collection service provided by the City's contractor. Once emptied, containers shall be removed from curbside by 11:59 p.m. on the day of pickup and placed behind a gate or at the side of the garage.
All containers shall be kept in a clean and sanitary condition by the resident using the container. Containers shall be kept tightly covered at all times, except when recyclables are deposited therein and removed therefrom, to limit access by flies to the contents thereof.
(§ 1, Ord. 1045, eff. March 1, 2006)
Recyclable materials need to be kept as clean as possible and separated from other garbage and refuse, and placed at curbside on the regular refuse collection schedule. Recyclable materials will be co-mingled in the recycling container.
(§ 1, Ord. 1045, eff. March 1, 2006)
From time of placement of recyclables at the curb or in other designated recycling locations for collection in accordance with the terms hereof, recyclable items shall become and be the property of the City or its authorized contractor. It shall be a violation of this chapter for any person unauthorized by the City to collect or pick up or cause to be collected or picked up any such items.
(§ 1, Ord. 1045, eff. March 1, 2006)
No person shall place any recyclable material or permit or allow any recyclable material to be placed in the City's or any other person's receptacle without the consent of the City or such other person. No consent is given by the City for any person to place recyclable material in City receptacles intended for use of others.
(§ 1, Ord. 1045, eff. March 1, 2006)
The fees and charges for collection of recyclable material and any adjustment thereto, including any increase or decrease pursuant to the Consumer Price Index, shall be established by resolution of the City Council.
(§ 1, Ord. 1045, eff. March 1, 2006)
Violations of the provisions of this chapter shall be subject to Title 4, Chapter 11 — Administrative Citations of the Los Banos Municipal Code.