2009-02
O~INANCE NO_ 2009-02
AN O~INANCE ~EPEALING. A~ENDING AND ~ADOPTING C:EIAPTE~ 74 OF
T:EIE CODE OF T:EIE CITY OF FAI~FAX. VI~GINIA. PE~TAINING TO TIIE
COLLECTION. T~NSPO~TATION AND DISPOSAL OF SOLID VVASTE. AND
PA~TICULA~Y TIIE ~CYCLING OF CE~TAIN SOLID VVASTE FO~ NON-
~SIDENTIAL AND ~SIDENTIAL P~OPE~TIES LOCATED VVIT:EIIN TIIE CITY
BE IT O~AINED. by the City Councilor the City or Fairrax, Virginia, that Chapter 74 or
the Code of the City of Fairfax, Virginia,. pertaining to solid V\Taste, is hereby repealed,
amended, and readopted in its entirety, as folloVV's:
Sec. 74-1. Definit:ions.
For the purpose of this chapter, the fol1ovving V\Tords and phrases shall have the mearrings
ascribed to them in this section:
Colleccion means the collection,. transportation and disposal or solid -vv-astc.
ColleCTor means any person engaged in the collection, transportation and disposal of solid
V\Taste from t'^"'O or more residential, commercial, industrial, institutional or other
establishments_
Cusconzer means anyone providing.compensation to a collector ror collection service.
IJusk means one-half hour before sunset.
FTazardous '\.Vasee means solid "VV'aste" other than household solid vvaste normally generated
by residences in the community, that may, by itself, or in combination vvith other solid vvastes"
be infectious, explosive, poisonous, caustic" or toxic, or exhibit any OT the characteristics of
ignitability, corrosivity, reactivity or toxicity.
Person means and include individuals, corporations, associations" firms, partnerships,
joint stock companies, counties, cities" tovvns and any other governmental entity.
Recyclable maeerial mean any material V\rhich retains Llseful properties that can be
reclaimed after the production or consumption process.
Recycling means the process of separating a recyclable material from the "VV'aste stream
and processing it so it may be used again as a ravvmaterial for a product V\lhich mayor may
:11ot be similar to the original product.
Recycling ceneer means a facility designed for the collection, separation and/or recycling
or recyclable materials.
Regulaeion or Regulaeions means regulatio:11s promulgated by the city manager or his
designee pursuant to this chapter.
Solid lNasee means all putrescible and llonputrescible V\rastes" vvhether in solid or liquid
form, except liquid carried industrial vvastes or sevvage hauled as an incidental part of a septIC
tank or cesspool cleaning service, but including garbage" rubbish, cardboard, ashes" seV\rage
sludge, refuse, trash" industrial vvastes, svvill, demolition and construction "VVastes" abandoned
vehicles or parts thereaT" discarded home and industrial appliances, manure, vegetable or
animal solid and semisolid vvastes, dead animals or other discarded materials.
Solid '\.Vasee generaeor mean any person, commercial establish.n::1ent" corporation or legal
entity that produces solid vvaste.
Unacceprab/e lNasee means solid vvaste V\rhich is prohibited either by this Code,
regulations promulgated under this Code" county rules and regulations for county disposal
sites, as applicable, and/or the Code of Virginia.
Sec. 74-2. 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 from time
to time which will carry out the purposes and intents of this chapter.
Sec. 74-3. 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,
or as otherwise directed by the city manager or his designee. 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, or as soon thereafter (or prior) as may be
practical. Collections shall be limited to single-family residential dwellings or as otherwise
directed by the city manager or his designee.
Sec. 74-4. Materials for collection.
(a) 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
materials described in subsection (b) of this section shall be collected by separate pickup
on regular collection schedules, the recyclable materials described in subsection (c) of
this section shall be only collected once a week by special pickup arrangement, and the
brush, herbaceous waste, and other materials described in subsections (d) and (e) of this
section 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 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. Recyclable materials source-
separated, as provided in section 74-9, by owners or occupants of residential properties,
shall be collected on regular collection schedules.
( 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 74-7: 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) Recyclable material to be collected by special arrangement. The following recyclable
materials shall be only collected by special pickup arrangement in accordance with
section 74-7: Brush and herbaceous waste (cut into lengths of eight feet or less).
(e) Materials to be collected by special arrangement per section 74-7. The following
materials shall be collected only by special pickup arrangement in accordance with
section 74-7: 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. The following items shall not be collected:
(1) Dead animals larger than sixty (60) pounds, manure, contaminated 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.
Sec. 74-5. Approved containers.
(a) The following containers are approved:
(1) Garbage and ashes: as designated from time to time by the city manager or his
designee.
(2) Mixed garbage, trash and other refuse: as designated from time to time by the city
manager or his designee.
(3) Recycling containers supplied or approved by the city.
(b) All 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 exceed four (4)
feet in height or length. Drums, barrels and galvanized iron cans are not permitted.
Sec. 74-6. Responsibility of occupant.
(a) The responsibility for storage of refuse prior to collection shall remain with the owner
and/or occupant of each building from which it is to be collected.
(b) 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 and 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. 74-7. 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 74-4 will be collected by special
pickup arranged by telephoning the department of public works or as otherwise
designated by the city. All special pickup items shall be placed at the curb by the
occupant. The occupant shall not place 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. 74-8. Compliance with sections 74-4--74-7; notice of violation; penalty for violation.
(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 this chapter. All items placed at the curb in
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 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 class 4 misdemeanor for
each offense.
(b) Any person who violates the provisions of sections 74-4--74-7, after having first been
given proper notice pursuant to subsection (a) of this section, shall be guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine not to exceed
$25.00 for each offense.
Sec. 74-9. Residential and Non-Residential Recycling Requirements.
(a) Statement of Policy; Scope.
(1) This section sets forth the elements of the recycling system for residential and non-
residential properties located within the city and delineates the following elements of the
system:
a.
(2)
Materials that must be source-separated for recycling at residential and non-
residential properties;
b. Parties responsible for implementation of the recycling system requirements;
c. Reporting requirements; and
d. Implementation requirements (pre-collection, storage and collection) and
enforcement provisions.
The city manager or his designee may approve alternative recycling systems in their
reasonable discretion.
The city manager or his designee may alter the list of the nature and quantity of the
materials that must be source-separated.
The provisions of this section and chapter shall not affect the right of any person to
sell or otherwise dispose of solid waste material, as provided in Virginia Code
Section 15.2-933, as the same may be amended, or as permitted under other
applicable law.
(3)
(4)
(b) Residential Single-Family and Townhome Recycling. Occupants of single-family homes
and townhomes shall source-separate:
. Aluminum food and beverage containers
· Glass food and beverage containers - brown, clear or green
. Ferrous (iron) cans
· PET plastic containers with the symbol #1 - with screw tops only, without caps
· HDPE natural plastic containers with the symbol #2 - narrow neck containers only
(milk and water bottles)
· HDPE pigmented plastic containers with the symbol #2 - narrow neck containers
only, without caps (detergent, shampoo bottles, etc.)
· Plastics with symbols #3, #4, #5, #6 and #7 - narrow and screw top containers
. Newsprint
· Corrugated cardboard
. Magazines
. Catalogs
. Cereal boxes
· Telephone books
· Printed paper
. Copier paper
. Mail
· All other office paper without wax liners
(c) Residential Multi-Family Dwelling Unit Recycling. Owners of multi-family dwelling
units, shall provide, or cause to be provided, a recycling system for their residents to
source-separate:
· Aluminum food and beverage containers
· Glass food and beverage containers - brown, clear or green
· Ferrous (iron) cans
· PET plastic containers with the symbol #1 - with screw tops only, without caps
· HDPE natural plastic containers with the symbol #2 - narrow neck containers only
(milk and water bottles)
· HDPE pigmented plastic containers with the symbol #2 - narrow neck containers
only, without caps (detergent, shampoo bottles, etc.)
· Plastics with symbols #3, #4, #5, #6 and #7 - narrow and screw top containers
. Newsprint
· Old Corrugated cardboard
. Magazines
. Catalogs
· Cereal boxes
. Telephone books
· Printed paper
· Copier paper
.
Mail
All other office paper without wax liners
Owners of multi-family dwelling units must provide each unit with notification
regarding the use and participation in such system upon occupancy and at least
once annually thereafter. Notification may be in the form of community
newspapers or other outreach techniques.
These provisions do not impose any liability upon any multi-family dwelling unit
owner for failure of residents to comply with the requirements for the separation of
recyclable materials. However, all multi-family dwelling unit owners must provide
a recycling system for their residents that conforms to the city requirements for
such systems, and must provide residents with regular notifications, as specified
herein.
.
(1)
(2)
(b) Non-residential (commercial/industrial) recycling.
(1) Owners of non-residential properties (properties used for commercial or industrial,
or other non-residential, purposes) shall provide, or cause to be provide, a recycling
system for their tenants, occupants, employees, and vendors to source-separate:
. Aluminum food and beverage containers
. Glass food and beverage containers - brown, clear or green
. Ferrous (iron) cans
· PET plastic containers with the symbol #1 - with screw tops only, without
caps
· HDPE natural plastic containers with the symbol #2 - narrow neck containers
only (milk and water bottles)
· HDPE pigmented plastic containers with the symbol #2 - narrow neck
containers only, without caps (detergent, shampoo bottles, etc.)
· Plastics with symbols #3, #4, #5, #6 and #7 - narrow and screw top containers
. Newsprint
. Corrugated cardboard
. Magazines
. Catalogs
. Cereal boxes
. Telephone books
. Printed paper
. Copier paper
. Mail
· All other office paper without wax liners
(2) Owners must provide system users with notification regarding the use and
participation in such system upon occupancy and at least once annually thereafter.
(3) These provisions do not impose any liability upon any non-residential property
owner for failure of tenants, occupants, employees, and/or vendors to comply with
the requirements for the source separation of recyclable materials. However, all
non-residential property owners must provide, or cause to be provided, a recycling
system for their tenants, occupants, employees, vendors and/or customers in
conformance with the city requirements for such systems, and must provide such
tenants, occupants, employees, vendors and/or customers notification regarding the
use and participation in such system, as specified herein.
(c) Recycling Report(s) Required. The owners of all non-residential properties shall
annually report, by March 1 of each calendar year, such non-proprietary information
regarding waste generation, waste management and recycling as is necessary to facilitate
city compliance with applicable regulations adopted pursuant to Virginia Code Section
10.1-1411. All reports required by this section 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 a 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 signed by the property owner, or an individual duly authorized
to make such certifications on behalf of such non-residential property owner. 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 and weight/volume of each material
reported. Supporting documentation used in the preparation of the report shall be
retained for audit and clarification of reported data for a period of two (2) years following
submission of said report.
(d) Removal of Recyclable Materials. It shall be unlawful for any person to salvage or
otherwise remove any recyclable materials from recycling routes, private recycling
containers, or city recycling centers without the prior authorization of the city manager or
his designee.
(e) Storage of Recyclable Materials. All owners of multi- family dwelling properties and/or
non-residential properties in the city shall maintain secure, safe and sanitary facilities for
storage of recyclables. Such facilities shall be convenient to inspection and collection,
and shall incorporate design features that consider the following factors:
(1) Access for the type of collection vehicle or system to be used
(2) Size, design, and proper care of containers
(3) The frequency of collection
All owners and/or occupants of single-family homes and townhomes shall use city issued
containers for recyclable materials and store the same in secure locations, other than in the
front yard(s) of their property, until collection day.
(f) Recycling Plans.
(1) The owner of any non-residential property or any multi-family dwelling subject to
the source-separation requirements of this chapter shall develop a recycling plan,
and make these plans available to the city manager or his designee for review upon
request. The plan shall describe, at minimum:
a. Facility name and street address;
b. Name(s) of collection company(ies) providing refuse and recycling collection;
c. Number, location, and size of refuse and recycling containers or equipment;
d. Frequency of recycling and collection; and
e. Name and telephone number of the responsible company official or property
owner's representation for implanting the plan.
(2) The recycling plan shall be updated upon the occurrence of the following:
a. Change of ownership or property management firm; and
b. Change of recycling collection vendor, or every five years, whichever first
occurs.
(3) The recycling plan shall be provided to the city within thirty (30) days following
receipt of a written request from the city manager or his designee.
(g) Collection of Recyclable Materials. In the interest of public health, public safety,
environmental quality and the safeguarding of public and private property, this
subsection describes the manner in which recyclable materials shall be collected, stored,
set-out, vehicles to be used, and service levels. The provisions of this subsection are
intended to specify the minimum or base level of service to be provided by collectors
operating within the city. Nothing in this subsection is intended to prevent a collector
from providing a level of service greater than the minimum levels required, at such rates
and charges as agreed between the collector and customer.
(1) The following general provisions shall apply:
a. No person shall willfully contract with any recycling collector or recycling
business who is not certified to operate a recycling collection service.
b. Recycling collection shall be conducted in such a manner that it does not create
nuisance or safety hazard, affect public health, or violate any ordinance or code
of the city or other applicable law. This includes, but is not limited to, obeying
all applicable speed limits and other traffic controls while serving collection
routes, operating the vehicle on the correct side of the street at all times, giving
way to oncoming traffic where it is required by law to do so, and returning
empty containers so that they do not interfere with pedestrian or vehicular
traffic.
c. Collection of recyclable materials shall be done in such a manner that materials
are not dumped, spilled, stored or thrown into any street, court, lane, alley,
sewer inlet, vacant public lot, private property or any area not designated as a
proper disposal site.
d. In the event that any material spills or falls into the street, public way, court,
lane or alley during the process of collection, it shall be the responsibility of
the collector to immediately correct such condition.
e. Recycling shall be placed in a lawful disposal site as soon as possible after the
completion of any daily collection routes, or more frequently as necessary.
(2) Recyclable materials to be collected:
a. Recycling generated by normal household or commercial activities from
premises to which collection services are being provided shall be collected in
accordance with the requirements elsewhere in this chapter.
b. The following materials are not included as recycling
. Microwave trays
. Mirrors
. Window or auto glass
. Light bulbs
. Ceramics
. Porcelain
. Plastics unnumbered
. Plastic bags
. Coat hangers
. Glass cookwarelbake ware
. Household items such as cooking pots, toasters, etc.
(3) Frequency of collection of recyclable materials:
a. Recyclable materials shall be collected once weekly from single-family
residences and town homes at the time of regular trash collection, as provided
in section 7 4-4(b) (or by special pickup, as provided in this chapter).
b. Recyclable materials shall be collected from multi-family dwelling units and
non-residential properties no less than once weekly.
(h) Collection containers.
(1) All collection containers to be used in the collection of recyclable materials shall be
maintained in a manner that prevents spillage and provides proper control of odors,
vermin, and liquid waste leakage.
(2) All roll off containers used for collection of recyclable materials shall have safety
reflectors affixed to both sides and as otherwise required by the city manager or his
designee.
(3) In the event of recycling collection service cancellation the owner of the recycling
container shall be responsible for removing the container. All such containers shall
be removed within ten (10) business days of cancellation.
(i) Enforcement.
(1) The city manager or his designee shall have and is hereby vested with the authority
to pursue administrative, civil, or criminal enforcement actions against any person
that violates the provisions of this section.
(2) The city manager or his designee may also undertake the following actions:
a. Issue notices of violations for violations of any provision in this section;
b. Issue regulations and/or procedures to provide for administration, policy
direction, and implementation of this section; and
c. Make and enter into consent agreements incidental to the performance of the
city manager or his designee's duties and the execution of the city manager's
powers under this section.
(j) Definition of Violation. Except as otherwise provided (and regardless ofthe availability
of other civil or administrative remedies and procedures for enforcing this chapter), every
act or condition prohibited by this section, and every failure or omission to act as
required herein, is a violation of this section.
(k) Requirements for Written Notice. For the purpose of enforcing this chapter, written
notice may be provided by certified mail or by any other appropriate method specified in
Virginia Code Section 8.01-296.
(1) Penalties - Recycling Violations. Violations of any provlSlon of the recycling
requirements of this chapter, or any rule or regulation adopted hereunder, including but
not limited to the required registration of recycling business, shall be punishable by a
civil penalty not to exceed $500.00 for each offense. No criminal penalties shall be
imposed for such violations. Each household, business, or collection point at which a
violation of any provision of the recycling requirements of this chapter occurs shall
constitute a separate offense, and any violation which continues, exists, or occurs on
more than one day shall constitute a separate offense.
(m) Penalties - Escalation of Penalty for Repeat Offenders.
(1) Except as otherwise provided by applicable law, or this chapter, the city manager or
his designee shall have the authority to recommend leniency in the event of first
violations, and to seek escalation penalties for repeated violations within a 12-
month period.
(2) In circumstances where a person has violated one or more provisions of this chapter
on at least three separate occasions within a 12-month period, the city manager or
his designee shall have the right to pursue an additional civil charge equal to a
reasonable estimate of the financial impact related to such non-compliance.
(n) Consent Agreements.
(1) As an alternative to pursing criminal or civil remedies described elsewhere in this
section, the city manager or his designee may make and enter into consent
agreements with suspected violators as a means to resolve the violation(s).
(2) For the purpose of this section, a consent agreement is an administrative order
issued with the consent of both parties, to perform specific actions to come into
compliance with this chapter and any relevant rules and regulations.
This ordinance shall become effective on April!, 2009.
INTRODUCED: December 9, 2008
PUBLIC HEARING: January 13, 2009
ENACTED: January 13, 2009
=\~oI~
11ayor ~
I /27/a~
Date
AT. TEST: .. ~'
~ -'
City Clerk
Vote
Councilmember Cross Aye
Councilman Drummond Aye
Councilman Greenfield Aye
Councilman 11eyer Aye
Councilman Rasmussen Aye
Councilman Stombres Aye