The purpose of this chapter is to promote recycling by requiring property owners to provide facilities for the source separation of recyclable materials at multi-family dwelling unit suites.

   For purposes of this chapter, the following terms are defined:

   1.   “Collection” means the transportation of the municipal waste from the place it is generated and includes all activities up to the time the waste is delivered to a recycling facility or solid waste disposal site.

   2.   “Collector” means a person authorized by the City to collect, transport, and dispose of municipal waste or recyclable materials.

   3.   “Commingled” means source separated, nonputrescible recyclable materials that have been mixed at the source of generation (i.e., placed in the same container).

   4.   “Designated recyclable material” means those items set forth for recycling by the Metro Solid Waste Agency.

   5.   “Dwelling unit” means a group of rooms located within a structure and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating for the exclusive use of the occupants thereof.

   6.   “Multi-family dwelling” means any building under one roof which contains four or more complete dwelling units.

   7.   “Municipal waste” means any garbage, refuse, industrial, lunchroom, or office waste, and other material including solid, liquid, semi-solid, or contained gaseous material resulting from the operation of multi-family dwellings.

   8.   “Nearby” means adjoining, adjacent, or contiguous.

   9.   “Non-recyclable material” means any material not defined as recyclable material.

   10.   “Premises” means real property on which any multi-family dwelling unit or combination of units sharing common driveways are located.

   11.   “Recycling facility” means any facility employing a technology that is a process that separates or recovers reusable materials that can be sold or reused by a manufacturer as a substitute for or a supplement to virgin raw materials.

   12.   “Recycling” means the separation, collection, processing, recovering, sale, or reuse of materials which would otherwise be disposed of as municipal waste.

   13.   “Source separation” means the separation of recyclable materials from the municipal waste stream at the point of waste generation.

   There is hereby established a recycling program for the source separation, separate collection, and recycling of designated recyclable materials generated within the City from all multi-family dwellings not presently served by existing residential recycling collection programs.

   1.   Collection of designated recyclable material pursuant to this chapter shall be made at least twice per month, or more often as necessary, as determined by the Public Works Director or other designee of the City Administrator, and the storage of said designated recyclable materials shall not result in the creation of a public nuisance.

   2.   All multi-family dwellings which are not presently part of existing residential recycling collection programs shall be required to provide the facilities for the source separation of all designated recyclable materials generated on the premises and shall arrange for the collection of said materials to be transported to a recycling facility.

   3.   Program development, implementation, and operation shall be the responsibility of the same entity which contracts for the private collection and disposal of solid waste on the premises .

   4.   The City reserves the right to amend the list of designated recyclable materials at any time.

   It is the responsibility of all commercial waste haulers collecting solid waste or designated recyclable materials generated in the City to submit a recycling report to the City on an annual basis. Said report shall identify individual establishments being served and the total weight of recyclable materials collected as well as identification of the processor of each recovered recyclable material. All such reports of the previous year shall be submitted, on forms provided by the City, to the Public Works Director or other designee of the City Administrator by January 31. The City reserves the right to require any additional information deemed necessary by the Public Works Director or other designee of the City Administrator.

   All commercial solid waste haulers or haulers of designated recyclable material who, as a commercial enterprise, provide the service of collection of said designated recyclable material or waste to owners or operators of multi-family dwellings units shall be duly authorized by the Department of Public Works through the issuance of a license.

   All applications for licensing shall be issued by the Clerk’s office for an administrative fee of $10.00 in addition to any fees for a hauler’s license. The license shall be for a one-year period and shall be approved in accordance with the following:

   1.   Licenses for collection of solid waste or designated recyclable materials may be issued only to those persons who can provide satisfactory evidence they are capable of providing the necessary services and can comply with the provisions and intent of this chapter. The City reserves the right to disapprove any application for a license for just cause.

   2.   Every applicant, before being granted a designated recyclable materials collection license or a solid waste license, shall submit proof that all said materials will be transported in vehicles that are tarped, covered, or closed and that the materials being transported are not capable of blowing or falling out or away from the transporting vehicle.

   Any person or persons engaged in the collection, processing, and marketing of designated recycling materials within the City or who collects solid waste within the City, and all householders, firms, corporations, co-partnerships, and any and all persons who may or do produce solid waste or designated recyclable materials shall be subject to the provisions of this chapter.

   1.   Any person transporting designated recyclable materials within the City shall prevent or remedy any spillage from vehicles or containers used in the transportation of such designated recyclable materials. Such vehicles or containers shall not be overfilled and shall be cleaned at sufficiently frequent intervals to prevent obnoxious odors or unhealthful conditions. Such vehicles shall also be so constructed, loaded, and driven as to prevent any portion of the load from falling out upon the streets or highways.

   2.   Collectors shall return the recycling receptacles to the premises from which they have been removed in a manner so as not to create a public nuisance. Collectors shall also collect and remove all recyclable materials for which they are responsible to collect from the premises.

   1.   It is the duty of every owner or entity which contracts for the private collection and disposal of solid waste from the premises to provide and keep, at all times, a sufficient number of containers to hold all designated recyclable materials which may accumulate during the intervals between collection of such materials by the authorized collector. Containers may be located on-site or on nearby premises with the permission of the affected property owner or otherwise in accordance with the provisions of this section. Owners of multi-family dwelling units shall ensure that each dwelling unit has access to the containers and that said containers are sufficient to hold all designated recyclable materials accumulated by the occupants of the dwelling unit during the intervals between collections.

   2.   All designated recyclable materials accumulated by owners or occupants of multi-family dwelling units shall be placed in containers which are durable, water tight, and made of metal or plastic, and marked with the recycling symbol or other acceptable markings. The containers shall remain on the premises at all times and shall be kept in a clean condition. The type of bulk container to be furnished to the collector shall be acceptable to the Public Works Director or other designee of the City Administrator. Containers shall have lids if necessary to avert a public nuisance or protect the marketing quality of the designated recyclable materials. Such lids must remain closed except when designated recyclable materials are being placed in or removed from the container. The container shall be clearly marked with both the recyclable symbol and with the type of materials to be deposited in the container. The container shall be kept clean and in good repair. The number of such containers shall be sufficient to handle the volume of recyclables which accumulate between collection intervals.

   3.   Bulk storage containers for collection at multi-family dwellings using private collection shall be located on such premises at a place agreed upon by such owner and occupant of the property and the authorized collector. Such location shall not interfere with private or public sidewalks, walkways, driveways, roads, streets, highways, or entrances and exits of private or public buildings and shall be in compliance with all applicable laws. Bulk storage containers which are on wheels to facilitate their movement shall remain blocked at all times while unattended to prevent unintentional movement.

   Designated recyclable materials shall be separated and prepared in a manner consistent with recycling market requirements and places at a designated area separate from municipal waste for collection at such time and dates as may be agreed upon between the collector and the establishment.

   It is a violation of this chapter for any persons unauthorized by the City to collect or pick up, or cause to be collected or picked up, any recyclable materials or solid waste. Each such collection in violation hereof shall constitute a separate and distinct offense and shall be subject to a civil penalty of $100.00 for each offense. Sworn law enforcement officers are exempt from this chapter, as they are authorized by the City to collect or pick up, or cause to be collected or picked up, any recyclable materials or solid waste based on Section 808.16 of the Code of Iowa, exception to search warrant requirements; garbage searches.

   The staff of the City is hereby authorized and directed to administer and enforce this chapter. At apartment complexes, the City staff will tie recycling compliance into their biannual multi-family inspections and include it on the inspector’s checklist. Enforcement relative to multi-family recycling may also be handled by more frequent inspections or on a complaint basis. Any person who fails, neglects, or refuses to comply with any terms or provisions of this chapter or any regulation or requirement pursuant hereto and authorized hereby, shall be subject to a civil penalty of $1.00 per month for each dwelling unit on the premises in violation of this chapter.