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HomeMy WebLinkAbout2011-08-08 11-263 ORDINANCE:ODNCIL A MON Item Nom Date: August 8. 2011 - Item/Subject: Ordinance, Amending Chapter 265, Solid Waste, ofthe Code ofthe City of Bangor, Sy Provid'mg for Pay -As -You -Throw Solid Waste Collection and Single Stream Recycling Responsible Department Engineering/Public Works Comm ndlary: For some Ome now the City Council and the Recycling Committee have been studying the issue of solid waste disposal. The concerns regarding the cement methods of solid waste have evolved ham the projected cost increases through 2019; and the inet&iendes and cost associated with the City provided recycling program; and a public interest to increase the amount of solid waste that is recycled After careful study and analysis, Me Recycling Committee recommended that the Council adopt a single stream/pay as you throw system for solid waste disposal. The primary reasons to adopt this program is that It is more equitable because it is based on a system whereby residents pay only for their own consumption and not subsidize others; and the opportunity to increase recycling under single stream is not only easier and cheaper but also provides an Incentive to recycle more; and it is an important step in planning for the expected increases at the PERC Plant. At this him Council Is being asked to approve an ordinance that would recognize these changes effective March 5, 2012. In addition to the ordinance, the Proposed program would implement a bag fee of $2.00 for a 33 gallon bag and $1.00 for a 15 gallon bag. The proposed recycling program would be contracted and residents would be abe to recycle as many as 27 different items including scrap papers and other materials not permitted at this time. Although agnihcandy different Man the existing solid waste program this single/stream recycling and pay as you throw program is widely used across Maine and the United States. It is used for the reasons stated above in that it emphasizes and encourages recycling and is fair because people only pay for what they use. If approved, this ordinance will go into effect on March 5, 2012. This item was recommended 3-1 by the Infrastructure for Counal Review with Councilor Longo dissenting. Department Head Manager's Comments: 37V Q %n9y,_S vvV C1arc rwn "= W -A- or, OyrAV VV%cl4E, 1 N City Manager v-eCs�ywgk¢v.Qec� Pos}PmenAt.a.l— Associated Information: Order Finance Director Legal Approval: City (ichor Passage X First Reading Page _ of _ Assigned to Councilor - czacvick August b. 2011 CITY OF BANGOR r it� (TITLE.) Ordinance, Amending Chapter 265, Solid Waste, of the Code of the City of Bangor, By Providing for Pay-As-You-Throw Solid Waste Collecton and Single Stream Recycling WHEREAS, the costs of solid waste disposal are going to increase significantly over the next several years with a significant increase expected in 2018, when contracts with the PERC plant expire; and WHEREAS, Recycling rates for the City have remained stagnant over the past few years; and WHEREAS, The Recycling Committee evaluated several solutions and deter inetl that single stream recycling combined with pay as you throw disposal would encourage greater recycling and a reduction of curbside solid waste collected; and WHEREAS, A system whereby people pay for only what they consume is fair and equitable; and WHEREAS, the Infrastructure Committee concurs with the recommendation of the Recyding '. Comittee; and WHEREAS, The Council is asked to consider an Ordinance amendment that would change the way the Oty delivers wild waste disposal services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT, As of March 5, 2012 Sections 265-3 through 265-5 of the Code of City of Bangor are deleted in its entirety and replaced with the following: 4 265-3. Residential collection. The City of Bangor shall provide for the weekly collection of acceptable residential wild waste and acceptable recyclable Items in accordance with the following Mes and regulators. A. Designated residences. The City shall provide weekly residential collection to all single -family residences and multifamily residential units of four units or fewer in a single structure. Service may be provided to multlfamity residential units in excess of four upon finding of the Director of Operations and Maintenance Mat such units cannot be serviced by commercial providers due to their inability to place a collection container of sufficient sire to service the units in a location which is acceptable to the City's Code Enforcement Division. B. Collation day and routes. The Director of Opemborw and Maintenance shall establish appropriate collection routes and the day on which each route shall he collected. C. Time. Residential solid waste shall be placed at the curb in front a or adjacent to the residence from which such waste was generated no earlier than 5:00 p.m. on the day before me scheduled day of collection and no later than 6:30 a.m. on the scheduled day of collection to ensure collection. The City is not responsible for collecting waste placed at the curb after this time. D. The tern -City of Bangor bag(s)" is defined as special bags manufactured for the City of Bangor for the purpose of disposal of all acceptable residential curbside wild waste. E. City of Bangor bags may be purchased by residents at authorized local merchants only. A list of authorized merchants shall be maintained by the city dark. AUChorized merchants shall offer the bags at their cost Residents may dhoose one of two sizes, 15 gallon or 33 gallon. Bags shall be sold in sleeves of too bags. F. Bag prices shall be established by coundl order. G. Bag pricing shall be reviewed annually as part of annual budget discussions. City Council, by Council Order, may adjust bag prices as necessary. H. Effective Mardi 5, 2012 all acceptable residential curbside solid waste shall be placed curbside in either 15 gallon or 33 gallon City of Bangor bags. 1. Weight of bags shall not exceed 15 pounds for 15 gallon bags and 30 pounds for 33 gallon bags. 3. City of Bangor bags may be placed in cmtainers. Containers must m in good condition with handles and covers. CaNboard boxes will not be accepted as containers and will not be picked up if placed curbside for rubbish collection. Containers of a shape or dimenslon which prevents the free and unhindered emptying of their contents are prohibited. Continued use of a container in bad condition will result in its disposal. Residents wishing to dispose of trash containers In poor condition may do so curbside by clearly marking the container "Dispose of Container". K. Waste which exceeds the weight limit or is not in City of Bangor bags shall not be collected. L. Spilled refuse. Spills resulting from overfilled or overweight bags or animal disruption are the responsibility of the resident and property owner. M. Brush, yard and garden was4. Material most be contained in City of Bangor bags. N. Tres. No more than two un -mounted passenger vehicle or light truck tires per week will be accepted for collection. Tres must have an Authorized City of Bangor lire Sticker attached to it Authorized City of Bangor Tire Stickers may be purchased at either Bangor public Works or the City of Bangor Treasury Office. The price for these snickers shall be established by the Bangor City Council by mural order. O. Furniture. Bulky furniture items will he accepted if broken down and placed in City of Bangor bags. P. Lumber and combustible construction material. Lumber and combustible construction material will be accepted if such maternal is placed in City a Bangor bags. Such materials may not exceed a maximum of 30 pounds per household per week and must result from work dare directly by me 63 homeowner. Materials which, in the opinion of the Director of Operations and Maintenance, result from work performed by a contractor will not be accepted. Q. Refused refuse. Refuse that has been refused or is unacceptable for pick-up shall be immediately removed from the curbside. Residences shall be responsible for ensuring that refused refuse is removed from the curbside or abutting right-of-way. § 265-C Recycling. The Oty shall provitle a weekly single stream curbsitle recycling collection program M residential units to which the City provides curbsitle solid waste collection. The materials to be accepted in the curbside recycling program shall be established by the Director of Operations and Maintenance. A. Recycling containers. Recycling containers shall be supplied by and owned by residents. Recycling containers must induce handles and a cover. Items placed at the arb for curbside recycling collection must be placed In designated recycling containers approved by or acceptable M the Director of Operations and Maintenance. Recycling containers must be clearly marked as recycling containers and separated from rubbish bags or containers. The Ory of Bangor will provide special stickers, at no cost to residents for the purpose of designating recycling containers. Recycling containers shall not weigh more Man 40 pounds total, including container & recycled material. B. Fee collection. Recyclables shall be collected at no Mage. C. Handling. Sorting of recyclables by residents is not required. The total weight of any recycling container shall not exceed 40 pounds. Recycled materials shall be placed in the recycling container Bose. Recycled material shall not be in bags. D. Property rights. Any and all acceptable recyclable materials placed at the curb became the sole property of the City or its designated agent. E. Recycling Advisory Committee. (1) A Recycling Advisory Committee shall consist of seven members. One of the members shall be a Councilor who 6 appointed annually by Me Council Chairperson. The remaining six members shall be appointed by the City Council from the public -at -large. Initial appointments of public members shall consist of two members for a ane -year term, two members far a two- year term and two members for a three-year term. All appointments thereafter shall be for terms of three years. No appointed member shall serve more than two consecutive three-year terms. (2) All appointed pudic members must be residents of the City of Bangor with strong interest in and support of the Citys Recycling Program. The City Engineer, the Director of Operations and Maintenance and a representative from the School Department shall serve as ex officio members. (3) The Recycling Advisory Committee shall meet an a regular basis and at least bimonthty to provide ongoing review and evaluation of the CityRecycling Program, including operation, PartldPation rates, education, policies and the effects of market factors and regulatory changes. The Committee shall be advisory in nature, and its recommendations shall be rammed to Me City Manager or his or her designee for further action. 63 § 265-5. Violations and penalties. A. The following shall constitute violations of this chapter and shall be punishable by fine or waiver fees as set forth: (1) Failure to remove uncollected waste. Failure to remove uncollected waste or, spilled refuse prior to 10:00 p.m. on the scheduled day of collection and placing waste at the curb earlier than 5:00 p.m. m Me day before pickup is prombited. (2) Disposal of rubbish and garbage on public or private property. No person shall throw or place or cause to be thrown or placed upon the premises of himself, herself or another located within the limits of the City of Bangor any rubbish, garbage or debris of any kind, icor shall any owner or occupant of any such premises suffer any such rubbish, garbage or debris to remain on said premises after receiving notice from the Chief of Police, Code Enforcement Officer or Director of Operi and Maintenance or their designees. Any persson or persons s failing to remove any such rubbish, garbage or debris far a period of seven days after receipt of said notice shall be fined as designated below. (3) Unauthorized use of commercial or private containers. Placing refuse In any commercial or private slid waste container without the consent of the owner or lessor of such container is prohibited. (4) Unaurhodzed taking of solid waste or recycling items. No person not licensed to do so by the City of Bangor shall take any slid waste or recyclable item placed by any residence or business for pickup and removal by the City of Bangor or its licensees. B. Penalties. (1) Initial violations of this chapter, other than Subsection A (4), shall be subject to a fine of $50. Additional violabons within a one-year period shall be subject to larger fines as follows: Number of Violations Fine 2 $100 3 $250 4 $500 5 or more $1,000 (2) Repeated violators will be subject to termination of City -provided solid waste collection. In the case of multifamily units, collection services may be terminated for an entire structure or complex and the owner required to provide private collection as necessary to ensure the public health and safety. The Director of Operations and Maintenance shall have the authority to terminate collection services. Those terminated may appeal this decision to the City Manager and/or his or her designee. If dissatisfied with the Manager's decision, appeal may be made to the appropriate Council committee. Service shall remain terminated during the appeal process. (3) Violations of Subsection A (4) shall be subject to a fine of $500. Additional violations of Subsection A (4) within a one-year period shall be subject to larger fines as follows: Number of Violations Fine IN CITY MMCIL August 8. 2011 Motion Bade and Seconded for Met Reading Motfan Bonhted Vote: y-2 Conveners voting Yea Blanchette. Bronson. Durgin. Gratvlck, Baena. Palmer 6. Menton Conveners voting NO: I,00gn 6 Bealley panad - k_,/'CM CLBBR & lT1Ta^• Chanter =55 Soy�d=cape � Cf the Code of the tity of Bangor, By. Provldlog for Pay-As-You-Throx Solid Wants Collection and Single Stress Recycling dwl�nlb Cpmsew � � ...P IN CITY C CIL Novenber 16. 2011 Botion Bade and Seconded to Postpone Indefinitely vote: 8-0 Councilors Voting Yes: Blanchette. Baldacci, Durgin, Greenlet, Longo, Haves, Sptegue 6 Weston Councilors voting HU: Noce Councilors asset; Gallant Postponed Indefintely, a fi