19911112 1991-29ORDINANCE NO. 1991-29
AN ORDINANCE REPEALING
CHAPTER 10 OF THE CODE
OF THE CITY OF FAIRFAX, VIRGINIA
ENTITLED "GARBAGE AND REFUSE"
AND ENACTING A NEW CHAPTER 10
ENTITLED -REFUSE AND RECYCLING"
BE IT ORDAINED, by the City Council of the City of
Fairfax, Virginia, that Chapter 10 of the Code of the city of
Fairfax is hereby repealed and a new Chapter 10 is enacted to
read, in its entirety, as follows:
Chapter 10
REFUSE AND RECYCLING
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:
(1) Collection shall mean the collection, transportation
and disposal of solid waste.
(2) Collector shall mean any person engaged in the
collection, transportation and disposal of solid waste from
two (2) or more residential, commercial, industrial, institu-
tional or other establishments.
(3) Customers shall mean anyone providing compensation
to a collector for collection service.
(4) 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 ignit-
ability, corrosivity, reactivity or toxicity.
(5) Person shall mean and include individuals, corpora-
tions, associations, firms, partnerships, joint stock com-
panies, counties, cities, towns and any other governmental
entity.
(6) Principal recyclable materials shall mean newspaper,
ferrous scrap metal, non-ferrous scrap metal, 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 other arboreal
materials. "Principal Recyclable Materials" do not include
large diameter tree stumps.
(7) Recyclable materials shall mean any material which
retains useful properties that can be reclaimed after the
production or consumption process.
(8) 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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(9) Recycling center shall mean a facility designed for
the collection, separation and/or recycling of recyclable
materials.
(10) Regulations shall mean regulations promulgated by
the city manager or his designee pursuant to this Chapter.
(11) Solid waste shall mean all putrescible and non-
putrescible wastes, whether in solid or liquid form, except
liquid-carried industrial wastes or sewage hauled as an
incidental part of a septic tank or 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.
(12) Solid waste generators shall include any person,
commercial establishment, corporation or legal entity that
produces solid waste.
(13) Unacceptable waste shall mean solid waste which is
prohibited either by the Code of the City of Fairfax, regula-
tions 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 on the next working day. Collections shall be
limited to single-family residential dwellings.
Sec. 10-4. Rules governing materials for collection.
(a) The following materials will be collected on regular
collection schedules: Garbage, kitchen waste, cold ashes,
paper, non-recyclable glass, plastic, grass, weeds, small
amounts of brush (2'xl'xl' pile or less), dirt and any other
refuse accumulated as a result of normal household activities
or yard work, provided, however, that the recyclable materials
described in (b) shall be collected by separate pickup on
regular collection schedules, the recyclable materials
described in (c) shall be only collected once a week by
special pickup arrangement, and the brush, herbaceous waste,
and other materials described in (d) and (e) shall be collect-
ed 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.
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Large single items, such as furniture, placed at the curb,
shall also be collected on regular collection schedules.
(b) The following recyclable materials shall be col-
lected on regular collection schedules:
(1)
Newsprint (newspaper only; no magazines, writing
paper, computer paper, "slick" advertisements, 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 con-
tainers only; remove lids).
(4)
Aluminum and bi-metal cans (rinsed beverage, food
and juice cans).
(c) The following recyclable materials shall be only
collected once a week by special pickup arrangement in
accordance with Section 10-7: ferrous metals/white goods 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) 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
eight (8) feet or less).
(e) The following materials shall be collected only by
special pickup arrangement in accordance with Section 10-7:
dead animals smaller than 60 pounds, tree stumps, dirt, stone,
rock, brick, lead acid/wet cell batteries, and poisons, acids
and caustics in quantities for household use.
(f) The following items shall not be collected:
(1)
Dead animals larger than 60 pounds, manure, con-
taminated liquids, friable 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) 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:
(1)
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.
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(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) On the day of 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.
(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 not until pickup arrangements have been made with
the department of public works. The occupant shall not place
such items at the curb more than twenty-four (24) hours before
the designated pickup date.
(b) The city manager or his designee shall promulgate
pickup schedules for leaves, Christmas trees and other special
collections.
Sec. 10-8. Compliance with Secs. 10-4 through 10-7 of chapter;
notice of violation; penalty for violation of Secs. 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 Secs. 10-4 through 10-7 of this chapter.
All items placed at the curb on other than the regular
collection day 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
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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 that 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 Secs. 10-
4 through 10-7 of this chapter, after having first been given
proper notice pursuant to (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 multi-
family) solid waste within the City and 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 trans-
portation to a recycling center, provided that such business:
(1)
has an average annual number of employees of 100 or
more at a single site within the City, or has an
average annual number of employees of 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 100 or more, or
(2)
has 75,000 or more square feet of commercial,
industrial or institutional space, or is located
within a commercial, industrial or institutional
complex of 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. &nnual report required.
(a) 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 10.1-1411 of the Code of
5
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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 submitted on a standardized form
to be provided by the city manager or his designee 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 an weight/volume of each material reported. Support-
ing documentation used in preparation of the report shall be
retained for audit and clarification of reported data for a
period of two years following submissions of said report.
Sec. 10-11. Penalty - waste reduction and recycling.
Violation of any provision of Secs. 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 offense. 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: October 15~ 1991
Public Hearing: October 22, 1991
Adopted: November 12, 1991
ATTEST:
City C~erk