§ 106-195. Duties of owners and occupants of commercial and multifamily property.

(a)

Multifamily residential establishments.

(1)

No later than October 1, 1994, every multifamily residential establishment shall provide for a source-separated recycling program which shall be serviced by an authorized recycler or collector or the appropriate governmental agency.

(2)

The materials chosen for recycling shall include, at a minimum, the following five primary materials:

a.

Newspaper.

b.

Glass, bottles and jars (flint, emerald or amber).

c.

Aluminum cans.

d.

Steel cans.

e.

Plastic containers numbers 1 through 7, excluding plastic bags and styrofoam.

(3)

The failure of a multifamily residential establishment to provide a recycling program shall constitute a violation of this article for which the property owner shall be liable; however, in the case of a condominium association or cooperative apartment association, said association, rather than the individual unit owners, shall be liable for such violation.

(b)

Commercial establishments.

(1)

No later than October 1, 1994, every commercial establishment shall provide for a source-separated recycling program or modified recycling program which shall be serviced by an authorized recycler or collector or the appropriate government agency.

(2)

The materials chosen for recycling must be a primary constituent of the commercial establishment's waste stream. The commercial establishment shall adjust the recycling program or modified recycling program to reflect changes in the waste stream generated by seasonal fluctuations or special event activities impacting the waste stream.

(3)

The commercial establishment may choose from the following list of materials:

a.

High-grade office paper (white ledger or green bar computer paper).

b.

Mixed paper (white, color, NCR, etc.).

c.

Corrugated cardboard.

d.

Glass, bottles and jars (flint, emerald or amber).

e.

Aluminum (cans or scrap).

f.

Steel (cans or scrap).

g.

Other metals or scrap production materials.

h.

Plastic containers numbers 1 through 7, excluding plastic bags and styrofoam.

i.

Textiles.

j.

Wood.

k.

Construction and demolition debris.

l.

Rubber.

(4)

The failure of a commercial establishment to provide a recycling program or modified recycling program shall constitute a violation of this article by the property owner and the owner and operator of the commercial establishment. The property owner and the owner and operator of the commercial establishment shall be held jointly and severally liable.

(c)

Containers.

(1)

To insure the integrity of the recovered materials diverted and source separated from the solid waste stream, the owner/occupant of the commercial or multifamily establishment will secure the recovered material in such a manner that vandalism and/or illegal dumping shall not take place.

(2)

The owner of the recovered material shall have the container clearly marked with words and/or emblems which clearly define the container for recyclable use only in a manner approved by the director. Containers two yards or larger in size shall be labeled with letters at least six inches in height, on all visible vertical walls of such container.

(3)

Recyclable materials shall not be mixed within a container in such a manner that the recyclable materials contaminate one another so that they are no longer recyclable.

(4)

If an authorized recycler or collector determines that it has collected nonrecyclable wastes that are above de minimis or contaminated and cannot be recycled, the permittee shall return the nonrecyclable wastes back to the commercial or multifamily establishment for collection as solid waste, or make such other arrangements which may be acceptable to the director to insure the proper handling and disposal of the nonrecyclable waste. It is the authorized recycler's or collector's responsibility to insure that all wastes collected are, in fact, recyclable, or contain only de minimis solid or nonrecyclable wastes.

(Ord. No. 93-31, § III, 12-16-93; Ord. No. 96-14, § I, 6-20-96; Ord. No. 2011-05, § IV, 3-4-11)