Chapter 8.14
RECYCLING PROGRAM

Sections:

8.14.010    Program services to be provided.

8.14.020    Collection of household recyclables.

8.14.030    Collection frequency.

8.14.040    Collection of yard debris.

8.14.050    Providing containers.

8.14.060    Placing containers.

8.14.070    Rates for services.

8.14.080    Program service delivery.

8.14.090    Program implementation and education.

8.14.100    Program introduction.

8.14.110    Site visits.

8.14.120    Continuous assistance.

8.14.130    Contamination.

8.14.140    Program goals and reporting.

8.14.150    Program goals.

8.14.160    Program reporting.

8.14.170    Liability.

8.14.010 Program services to be provided.

City of Everett franchised recycling and garbage haulers, hereinafter referred to as “service providers”, will provide the following multifamily recycling services in their operation areas; provided, however, in the event any service provider fails to comply with the provisions of this chapter, the city may contract for the service. (Ord. 2043-95 § 1(part), 1995)

8.14.020 Collection of household recyclables.

A. The minimum level of service will include collection of:

1. Old newspaper;

2. Mixed waste paper, including cardboard;

3. Aluminum food and beverage containers;

4. Tin-plated steel food and beverage containers;

5. Glass food and beverage containers; and

6. PET #1 and HDPE #2 plastic containers.

B. Recycled materials collected and service levels will be consistent with the Everett single family recycling program, programs in other local cities and Snohomish County programs. This includes consistencies with PET #1 and HDPE #2 plastics. Other recyclable materials may be included such as more plastics, polycoated paperboard, drink boxes, aerosol cans, household batteries, and used motor oil. These may be incorporated on a continuing basis when material recycling is available and collection costs are reasonable. (Ord. 2043-95 § 1(A), 1995)

8.14.030 Collection frequency.

Recyclables will be collected at least monthly and on a regular schedule to prevent an overflow of materials. Recycling collection services may be coordinated with garbage collection. The city expects that collection frequency may vary from structure to structure depending upon the number of units, the recycling system employed, and the space available for recycling containers. (Ord. 2043-95 § 1(B), 1995)

8.14.040 Collection of yard debris.

Collection of yard debris will be made available to apartment buildings, condominiums, and trailer parks with five or more units. Program material, collection schedules, and services will be consistent with the Everett single family yard waste recycling program. Service providers will use the term yard debris in educational materials promoting this service. Collection of yard debris will be an extra or auxiliary service with an additional cost to the property owners. (Ord. 2043-95 § 1(C), 1995)

8.14.050 Providing containers.

Service providers will provide outdoor containers for collection of recyclable materials. Service providers will provide a sufficient number and type of containers to hold all recyclable material accumulated between collections. In addition, information on the program and recycling instructions will be provided with containers. The service provider’s name and telephone number will be on each new recycling container. Service providers will retain ownership of containers unless containers are purchased by property owners. (Ord. 2043-95 § 1(D), 1995)

8.14.060 Placing containers.

Placement of containers will be agreed upon by property owners and service providers consistent with Section 39.080 of the city of Everett Zoning Code (Placement and Screening Requirements for Everett Garbage Receptacles, Dumpsters, and Recycle Bins). Any exceptions to the city code “grandfathered” in for garbage containers will apply to recycling containers as well. The city will take suggestions on placement of containers when space or screening is a potential problem. The city will review placement on an individual basis. Service providers will be encouraged to assist the city with placement of containers whenever possible.

A. Placement. Recycle bins will not be located in a required front yard setback area or street side setback area for corner lots (except on pick up days to facilitate collection). Where the alley abuts a lot, the containers will be located adjacent to the alley. Placement requirements will be the responsibility of the property owner.

B. Screening. Recycle bins must be screened from view from the street and from adjacent properties. This screening may be done using dense vegetation or placing the bins in a structural enclosure. Screening requirements will be the responsibility of the property owner.

C. Access. Recycle bins must not restrict access to cans, wheeled containers, or detachable containers used for the collection of garbage and refuse. Locations for containers and enclosures, whenever possible, must be in compliance with accessibility standards as described in the Americans with Disabilities Act. Service providers must make reasonable efforts to comply with all accessibility standards.

D. Maintenance. The normal maintenance and replacement of all containers will be the responsibility of the service providers.

E. Container Design. With the variety in size and layout of different multifamily complexes throughout Everett, flexibility in container design, size, and number is essential to meet the space restrictions of many apartment complexes. Combinations of different sizes and designs will be acceptable to meet recycling demands. Containers will be of rigid material, either plastic or metal, should provide protection from the elements, with the exception of appropriate openings for depositing materials. Containers must be of a color or include signs that clearly distinguish them as different from any garbage or refuse container. Containers manufactured with recycled, postconsumer materials are desirable.

F. Container Signage. Service providers will be responsible for providing and maintaining signage. Signs will describe collected materials in text and pictures. Bright colored signs are desirable.

G. Service Level Changes. The service providers will provide containers to meet the needs of all apartment buildings, condominiums, and trailer parks with five or more units upon program implementation. The process of downsizing garbage containers or changing frequency of collection to incorporate recycling services will not include an additional charge. If there is consistently excess material, the service providers will, within ten business days of notification by the property owner or the city, provide additional containers or provide more frequent collections. (Ord. 2043-95 § 1(E), 1995)

8.14.070 Rates for services.

A. The rates for garbage and recycling services are not set or regulated by the city of Everett. The Washington Utilities and Transportation Commission, hereinafter referred to as “WUTC”, approves rates based on cost of service. The city encourages rates and services that increase recycling. To increase recycling in the multifamily sector and to help meet city recycling goals, the service providers will propose to the WUTC an embedded rate structure that includes both garbage and recycling services. The city will request a review of tariff filings prior to submission to the WUTC.

B. By incorporating a recycling element into current disposal services, costs for collection and service will increase. To allow apartment buildings, condominiums, and trailer parks with five or more units the opportunity to offset increased disposal costs, service providers will have in place levels of disposal service that include “downsizing” opportunities. Downsizing opportunities will include access to a variety of service levels, increased minimal levels of service (if needed), and changes in collection frequency to help offset higher disposal costs.

C. Everett does not mandate garbage collection to the multifamily sector. This chapter does not change that policy. The costs for garbage and recycling are to be combined into one charge. Multifamily complexes can choose not to recycle but they will still be charged for the recycling element, if they have garbage collection service, whether they use it or not, like our single-family residential customers.

D. The city encourages multifamily buildings to reduce waste and recycle. A rate for multifamily buildings that want only recycling services and no garbage collection services will be included.

E. Service providers will file rate tariffs with the WUTC thirty to sixty days from passage of the ordinance codified in this chapter. Service providers will implement services thirty to ninety days from approval of rate tariffs by the WUTC.

F. Service providers will include a rate for compactors. (Ord. 2043-95 § 2, 1995)

8.14.080 Program service delivery.

The following duties will be the service providers’ responsibility:

A. Initiate Recycling Services. Service providers will notify the building owner and/or manager of container(s) delivery date, location of container(s), and days of frequency of collection.

B. Purchase and properly maintain containers and equipment necessary to accommodate proposed system(s).

C. Deliver and place container(s).

D. Provide Collection Services. Containers will be serviced on a regular schedule. If containers must be removed from a site to be emptied, it is expected they will be returned to the site within the same day or empty containers will be left in their place within the same day. All handling and transportation will be in compliance with all federal, state and local regulations.

E. Clean Up and Spillage. The service providers will be responsible for any materials scattered or spillage resulting from the collection operation, and will clean up the area affected within three business hours of notification of the incident. Each truck will carry equipment (such as a broom and shovel) for this purpose. The service providers are not responsible for scattered materials or spillage not resulting from the collection operation. General site maintenance and cleanliness is the responsibility of the site management. The city requests that a missed pick-up be collected within twenty-four hours.

F. Response to Customer Grievances. The service providers will designate a representative to handle customer grievances. It will be the service providers’ responsibility to resolve complaints about property damage, spillage, stolen or damaged recycling containers, a refusal to serve or a missed pickup, payment, and/or other deficiency in service.

G. Process Material. Service providers will be responsible for processing recyclable materials or delivery to a certified recycling processing facility. The processing system is an integral part of collection and must be fully integrated with collection. The system(s) will be capable of processing the previously described recyclable materials to the degree necessary to be marketable. The system will have sufficient capacity to receive, process, and store all materials collected.

H. Transport and Marketing of Materials. The service providers will transport and market recyclable materials. (Ord. 2043-95 § 3, 1995)

8.14.090 Program implementation and education.

The multifamily recycling program implementation and education is a joint effort between the service providers and the city of Everett solid waste utility. (Ord. 2043-95 § 4, 1995)

8.14.100 Program introduction.

All program information and educational materials will be coordinated and reviewed by the city, prior to distribution, for consistency within this program as well as programs in other local cities, and Snohomish County. The city will design and produce, in cooperation with Snohomish County and the service providers, informational and educational materials on multifamily recycling. Service provider notices, required by the WUTC, will be reviewed by the city prior to distribution. The city will coordinate distribution of educational materials with service providers. The city may provide program information through city newsletters, mailings, and local newspapers. Additional program promotion may include messages in garbage utility billing statements and on Everett city buses.

The goal of the program introductory materials will be to explain the program in a consistent, simple, and concise manner so that further implementation and follow-up contact is minimal. (Ord. 2043-95 § 4(A), 1995)

8.14.110 Site visits.

An introductory letter, produced by the city in cooperation with the service providers, may include a self-addressed return envelope for property owners/managers to sign up for a site visit and receive technical assistance. This will allow customers that are eager to recycle to put programs in place as soon as possible. The city will work with the service providers to provide on-site assistance to multifamily owners during the first six months of program implementation. This will include soliciting site visits from property owners/managers. Property owners/managers will be encouraged to schedule site visits during the first six months of program implementation. (Ord. 2043-95 § 4(B), 1995)

8.14.120 Continuous assistance.

Snohomish County has a landfill in Oregon as its back up landfill. The city has an interlocal agreement to utilize the county system as the city disposal option. The city will work cooperatively with the county and the service providers to meet recycling program and education requirements set by the state of Oregon. The requirements include annual dissemination of recycling education instructions to residents. Annual instructions are seen as a benefit to the multifamily community due to the high turnover in multifamily housing management and tenant occupancy. The city will work with the county and the service providers to provide annual recycling educational instructions. (Ord. 2043-95 § 4(C), 1995)

8.14.130 Contamination.

The biggest hurdle to multifamily recycling is separation of materials and assuring that garbage and recyclable materials are separated into different containers prior to collection. The city will design and produce recycling information and educational materials that address contamination of recyclable materials. The information and educational materials produced will inform residents on how to properly prepare and separate recyclables to avoid contamination. The city will make reasonable efforts to provide multifamily building owners and managers with technical assistance on how to minimize contamination problems. The city will ask the service providers to make reasonable efforts to provide multifamily building owners and managers with technical assistance on how to minimize contamination problems as well.

The service providers will distribute information and educational materials on the program as directed by the city. The service providers will distribute correction cards and alert multifamily building owners, managers and tenants of recurrent contamination and other program related problems. (Ord. 2043-95 § 4(D), 1995)

8.14.140 Program goals and reporting.

Program goals and reporting are essential in tracking program success and reaching established city recycling goals of diverting fifty percent of the waste stream by the end of 1995 and sixty-five percent by 2000. The city requests that, prior to program implementation and with reasonable time for preparation, current multifamily tonnage numbers be provided to the city as a way of establishing a baseline for program progress. (Ord. 2043-95 § 5 (part), 1995)

8.14.150 Program goals.

The goals of this program are sixty-five percent participation after one year and eighty percent participation after three years in the recycling program of multifamily properties that receive disposal services. Ultimately the city would like one hundred percent participation of all multifamily properties. Service providers will notify nonparticipating building owners and managers of the availability of service in the first six billings once services are in place. Notices will be developed by the city in coordination with the service providers. Notices will explain how the program services and rates work, and list all downsizing opportunities. After the first six billings, service providers will send similar notices at least twice a year until the eighty percent goal is met. (Ord. 2043-95 § 5(A), 1995)

8.14.160 Program reporting.

The service providers will provide monthly reports on the status of the multifamily recycling program. Reports may be in a format consistent with reports prepared for Snohomish County. Such reports will include, but not be limited to, the number of apartment buildings, condominiums, and trailer parks with five or more units recycling, amount of recyclables and yard waste collected, recurrent problems with contamination, program suggestions, and summaries of customer complaints and comments. A list of all multifamily accounts that will be affected by this chapter will be provided to the city from the service providers. (Ord. 2043-95 § 5(B), 1995)

8.14.170 Liability.

This chapter provides for and promotes the health, safety, and welfare of the general public, and does not create or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter. Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the city, its officers, employees or agents by reason of any action or inaction on the part of the city related in any manner to the enforcement or the implementation of this chapter by its officers, employees or agents. (Ord. 2043-95 § 6, 1995)