19970624 1997-09ORDINANCE NO. 1997- 9
AN ORDINANCE AMENDING CHAPTER 10,
REFUSE AND RECYCLING, OF THE CODE
OF THE CITY OF FAIRFAX, VIRGINIA
BE IT ORDAINED by the City Council of the city of
Fairfax, Virginia that Chapter 10 of the Code of the
City of Fairfax, Virginia, is hereby amended as
follows:
Sec. 10-1. Definitions.
For the purpose of this chapter, the following
words and phrases shall have the meanings ascribed to
them in this section:
Collection shall mean the collection,
transportation and disposal of solid waste.
Collector shall mean any person engaged in the
collection, transportation and disposal of solid waste
from two (2) or more residential, commercial,
industrial, institutional or other establishments.
Customers shall mean anyone providing compensation
to a collector for collection service.
Dusk shall mean one-half hour before sunset.
Hazardous Waste shall mean solid waste, other than
household solid waste normally generated by residences
in the community, that may, by itself, or in
combination with other solid wastes be infectious,
explosive, poisonous, caustic, or toxic, or exhibit any
of the characteristics of ignitability, corrosivity,
reactivity or toxicity.
Person shall mean and include individuals,
corporations, associations, firms, partnerships, joint
stock companies, counties, cities, towns and any other
governmental entity.
Principal recyclable materials shall mean
newspaper, ferrous scrap metal, nonferrous scrap
metals, used motor oil, corrugated cardboard, kraft
paper, container glass, aluminum, high-grade office
paper, tin cans, cloth, automobile bodies, plastic,
clean wood, brush, leaves, grass and any other arboreal
materials. ,'Principal recyclable materials" do not
include large diameter tree stumps.
Recyclable materials shall mean any material which
retains useful properties that can be reclaimed after
the production or consumption process.
Recycling shall mean the process of separating a
recyclable material from the waste stream and
processing it so it may be used again as a raw material
for a product which may or may not be similar to the
original product.
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Recycling Center shall mean a facility designed
for the collection, separation and/or recycling of
recyclable materials.
Regulations shall mean regulations promulgated by
the city manager or his designee pursuant to this
chapter.
Solid Waste shall mean all putrescible and
nonputrescible wastes, whether in solid or liquid form,
except liquid-carried industrial wastes or sewage
hauled as an incidental part of a septic tank or a
cesspool cleaning service, but including garbage,
rubbish, cardboard, ashes, sewage sludge, refuse,
trash, industrial wastes, swill, demolition and
construction wastes, abandoned vehicles, or parts
thereof, discarded, home and industrial appliances,
manure, vegetable or animal solid and semisolid wastes,
dead animals, or other discarded materials.
Solid waste generators shall include any person,
commercial establishment, corporation or legal entity
that produces solid waste.
Unacceptable waste shall mean solid waste that is
prohibited either by Code of the city of Fairfax,
regulations promulgated thereunder, Fairfax County
rules and regulations for county disposal sites and/or
the Code of Virginia.
Sec. 10-2. Administration and enforcement.
The city manager or his designee shall be
responsible for the administration and enforcement of
this chapter, and shall have the power to make and
issue regulations which will carry out the purposes and
intents of this chapter.
Sec. 10-3. Collection zones and schedules.
Under the direction of the city manager or his
designee, the city shall be divided into collection
zones with the object of affording one regular refuse
collection for each week for each zone. Normally no
collections will be made on Saturdays, Sundays and
official holidays. Where a collection is not made
because of inclement weather, a holiday or other
declared reason, the zone affected will be furnished a
collection the next working day. Collections shall be
limited to single-family residential dwellings.
Sec. 10-4. Rules governing materials for collection.
(a) Material to be collected on regular schedule
generally; placement; limitations. The following
materials will be collected on regular collection
schedules: Garbage, kitchen waste, cold ashes, paper,
nonrecyclable glass, plastic, dirt and any other refuse
accumulated as a result of normal household activities
or yard work; provided, however, that the recyclable
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materials described in paragraph (b) shall be collected
by separate pickup on regular collection schedules, the
recyclable materials described in paragraph (c) shall
be only collected once a week by special pickup
arrangement, and the brush, herbaceous waste, and other
materials described in paragraphs (d) and (e) shall be
collected by special pickup arrangements. Such refuse
shall be placed in approved containers or in neat and
compact bundles or boxes in such a manner to permit
handling by one person and which do not exceed sixty
(60) pounds in weight when full. Large single items,
such as furniture, placed at the curb shall also be
collected on regular collection schedules.
(b) Recyclable material to be collected on
regular schedule.
(i)
Newsprint (newspaper ~ including inserts,
magazines, catalogs; no magaz~--~..~o, writing
paper, computer paper, "slick"
~= .... ~ ..... ~- books or other such paper
will be accepted).
(2)
Glass (rinsed; clear, brown and green food
and beverage containers only; remove lids; no
window glass, mirrors, light bulbs or
ceramics).
(3)
Plastic (rinsed; soft drink, juice and milk
containers only; remove lids).
(4)
Aluminum and bimetal cans (rinsed beverage,
food and juice cans).
(c) Recyclable material to be collected once a
week by special pickup. The following recyclable
materials shall be only collected once a week by
special pickup arrangement in accordance with section
10-7: Ferrous metals/white good which include, but
shall not be limited to, stoves, refrigerators, washing
machines, clothes dryers, dishwashers and hot water
tanks. Doors shall be removed from appliances.
(d) Recyclable material to be collected by
special arrangement. The following recyclable
materials shall be only collected by special pickup
arrangement in accordance with section 10-7. Brush and
herbaceous waste (cut into lengths of e~4%~--%8~ six (6)
feet or less).
(e) Materials to be collected by special
arrangement per section 10-7. The following materials
shall be collected only by special pickup arrangement
in accordance with section 10-7: Dead animals smaller
than sixty (60) pounds, tree stumps, dirt, stone, rock,
brick, lead acid/wet cell batteries, and poisons, acids
and caustics in quantities for household use.
(f) Items not to be collected.
items shall not be collected:
The following
(i)
Dead animals larger than sixty (60) pounds,
manure, contaminated liquids, friable
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asbestos, poisons, dangerous acids and
caustics in commercial or industrial
quantities, explosives, hot ashes or other
unacceptable waste and hazardous waste.
(2)
Brush, grass clippings and debris resulting
from work performed by private contractors.
(g) Salvage by collector regulated. It shall be
unlawful for any collector to salvage or otherwise
remove any recyclable materials from recycling routes
without the authorization of the director of public
works.
Sec. 10-5. Approved containers.
(a) The following containers are approved:
(i)
Garbage and ashes: Minimum three (3) gallons;
maximum ten (10) gallons.
(2)
mixed garbage, trash and other refuse:
Minimum ten (10) gallons, maximum thirty-one
(31) gallons.
(3)
Recycling containers supplied or approved by
the city.
(b) Ail refuse containers shall be made of metal
or approved plastic, equipped with handles and with
tight-fitting covers and designed for the storage and
collection of refuse. No single container shall exceed
sixty (60) pounds in weight when full or four (4) feet
in height or length. Drums, barrels and GI cans are
not permitted.
Sec. 10-6. Responsibility of occupant.
(a) The responsibility for storage of refuse
prior to collection shall remain with the occupant of
each building from which it is to be collected.
(b) 6h~ No earlier than dusk the day ~ before
collection, refuse shall be placed outside at the curb
in front of the building, or the rear or side of the
building in a single place that is easily and safely
accessible and not more than one hundred fifty (150)
feet from the nearest curb or point of pickup,
provided, that occupants of townhouse dwellings shall
place all refuse at the curb in front of such dwelling,
unless otherwise notified by the city manager or his
designee, who in such cases will designate pickup
locations on maps to be provided such occupants. Where
property is fenced, gates must be left unlocked.
Animals shall be secured to assure the safety of
collection personnel.
(c) Recyclable materials to be collected shall be
placed at the curb.
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(d) Once trash and recycling containers are
emptied by the collecting crew, the containers shall be
removed from the curb to their original location by the
occupant on the same day.
Sec. 10-7. Special collection service.
(a) Refuse which cannot be placed in approved
containers or refuse which must be picked up through
special arrangements as provided in section 10-4 will
be collected by special pickup arranged by telephoning
the department of public works. All special pickup
items shall be placed at the curb by the occupant but
~cpartmcnt cf public worko. The occupant shall not
~ ..... ~-^ ~^~^-~ .... ~ ~ ~' .... ~^ ferrous
metals/white goods at the curb more than one week
before the date of special collection. Other special
collection items shall not be placed at the curb until
the weekend prior to the week in which arrangements
have been made for such items, collection.
(b) The city manager or his designee shall
promulgate pickup schedules for grass clippings,
leaves, Christmas trees and other special collections.
Sec. 10-8.
Compliance with sections 10-4 through
10-7 of chapter; notice of violation;
penalty for violation of sections 10-4
through 10-7 of chapter.
(a) It shall be unlawful for any person to
maintain or accumulate items of refuse at the curb or
other pickup points except as required by sections 10-4
through 10-7 of this chapter. All items placed at the
curb cn A~^~ ~ thc ..... ~ .... ~A~ ~" i
violation of this chapter and all unacceptable items
will be identified with a red tag bearing the date of
violation. In addition, a notice that items have been
placed at the curb in violation of this chapter shall
be delivered to any occupant of the dwelling located on
the premises over the age of sixteen (16) years or, if
there be none, posted on the front door of such
dwelling. Such notice shall state the items bearing a
red tag have been placed at the curb in violation of
this chapter and that unless these items are removed
within twenty-four (24) hours, the occupant will be
liable to prosecution for a misdemeanor and subject to
a fine of twenty-five dollars ($25.00) for each
offense.
(b) Any person who violates the provisions of
sections 10-4 through 10-7 of this chapter, after
having fist been given proper notice pursuant to
paragraph (a) above shall be guilty of a misdemeanor
and upon conviction thereof shall be punished by fine
not to exceed twenty-five dollars ($25.00) for each
offense.
Sec. 10-9.
Source separation for recycling.
(a) The city manager or his designee shall
require source separation for recycling of household
(including multifamily) solid waste within the city and
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collection of such source-separated materials by a
collector for transportation to a recycling center.
(b) The city manager or his designee shall
require source separation of principal recyclable
materials by any business operated for profit within
the city and collection of such source-separated
materials by a collector for transportation to a
recycling center; provided, that such business:
(1) Has an average annual number of employees of
one hundred (100) or more at a single site
within the city, or has an average annual
number of employees of two hundred (200) or
more at multiple sites within the city and
Fairfax County, or is located within an
office building or office complex having an
average annual number of employees of one
hundred (100) or more; or
(2) Has seventy-five thousand (75,000) or more
square feet of commercial, industrial or
institutional space, or is located within a
commercial, industrial or institutional
complex of seventy-five thousand (75,000) or
more square feet of such space.
(c) This provision shall not affect the right of
any person to sell or otherwise dispose of solid waste
materials as provided in section 15.1-28.03 of the Code
of Virginia or permitted under any other law of the
Commonwealth of Virginia, nor shall this provision
impose any liability upon any apartment or commercial
office 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
customer to comply with such regulations.
Sec. 10-10. Annual report required.
The city manager or his designee shall require all
nonresidential solid waste generators and companies
that manage solid waste or recycle materials generated
in the City of Fairfax to annually report 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 section 10.1-1411 of the Code of
Virginia. All reports required by the city manager or
his designee 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
6
1997-9
submitted on a standardized form to be provided by the
city manager or his designee and shall be certified by
a responsible company official. Such 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 (2)
years following submissions of said report.
Sec. 10-11. Penalty-Waste reduction and recycling.
Violation of any provision of sections 10-9
through 10-10 of this Chapter, or any rule or
regulation adopted hereunder, shall be punishable by a
civil penalty not to exceed five hundred dollars
($500.00) for each offence. No criminal penalties
shall be imposed for such violations. Each day any
violation continues shall constitute a separate
offense.
This ordinance shall become effective as provided
by law.
INTRODUCED:
PUBLIC HEARING:
ADOPTED:
June 10, 1997
June 24, 1997
June 24, 1997
Councilman Mershon and Councilman Rasmussen were absent
from the meeting. The vote to adopt was approved 4-0,
recorded as follows:
Vote:
Councilman Coughlan aye
Councilman Greenfield aye
Councilwoman Lyman aye
Councilman Mershon absent
Councilman Rasmussen
Councilman Silverthorne
absent
aye
Mayor
June 27, 1997
Date
ATTEST:
C~y ~erk