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Home My WebLink About1991-1906 - Ordinance - 09/09/1991ORDINANCE NO. 1906 AN ORDINANCE AMENDING CHAPTER 11, SECTION 5, GARBAGE SERVICE REG- ULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, AMENDING SUBSECTION F(3) AND INSERTING A NEW SUBSECTION K, SPECIFICALLY TO ESTABLISH RULES, REGULATIONS AND PERMITS FOR RECYCLING DROP-OFF FACILITIES. WHEREAS, the City of College Station City Council met at its regular meeting on September 12, 1991, and considered an ordinance pertaining to the regulation of recycling centers located within the City limits; WHEREAS, the City of College Station City Council finds that regulation of recycling drop off centers is essential for the protection of the health and safety of the public; and WHEREAS, the City of College Station has determined that Subsec- tion F(3) should be amended and Subsection K should be created; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: me That Chapter 11, Section 5, Subsection F(3), Garbage Service Regulations, of the Code of Ordinances of the City of College Station is hereby amended to read as follows: "F. PRIVATE COLLECTION PROHIBITED (3) Ail recycling drop-off centers must be approved by the Director pursuant to the regulations set forth in Subsection K of this Section before receiving such recyclables. Approval shall be subject to compliance with the following performance standards, as determined by the Director: (a) that issuance will be in the best interest of public health and safety; (b) that issuance will not cause a traffic safety hazard or impede traffic flow on or off the recycling drop-off center." II. That Chapter 11, Section 5, of the Code of Ordinances of the City of College Station, is hereby amended by adding Subsection K to read as follows: ordinance No. 1906 Page 2 "K. RECYCLING DROP-OFF CENTERS (1) Temoorarv Permits A temporary permit may be obtained for operation of a temporary recycling drop-off center, subject to compli- ance with the following requirements: (a) A written application, on a form provided by the Department of Public Services, must be filed in the Office of the Director at least thirty (30) days prior to the proposed collection of recy- clable materials at the temporary recycling facil- ity. The term of the permit shall not exceed seven (7) consecutive days. Permits for temporary recycling activities shall be granted only for small recycling drop-off centers, which shall only recycle newsprint, paper, glass bottles, metal cans, plastic containers, or any combination of these materials. (b) Temporary permits shall only be issued to organi- zations holding a certificate of exemption from federal income tax or state sales tax or franchise taxes or to any other person or entity who conveys any profits derived from their recycling activity to a tax exempt organization. In no case shall a temporary permit be issued to any person or busi- ness entity for whom recycling is a regular part of their business activity. (c) No bond or insurance will be required for the issuance of a temporary permit. (d) The permittee shall service the recycling drop-off center regularly to prevent overflow, accumulation and deter pilferage of recyclables. The area sur- rounding receptacles for collection and storage of recyclable materials, waste material, processing material or other material shall be maintained in a clean and sanitary manner at all times. No re- cyclable materials, waste material, trash, pro- cessing material or other matter shall be allowed to accumulate around any receptacle or to overflow from any receptacle. Permittee shall assure that materials delivered to a recycling facility shall be handled and managed in such a manner so as to prevent, at all times, wind-blown materials. The permittee shall not dump or discard any matter on the ground on the premises of the recycling drop- off center at any time, or allow any person to do Ordinance No. 1906 Page so. The permittee shall be solely responsible for the proper storage and disposal of non-recyclables deposited at the recycling facility. (2) Permanent Rec¥clin~ DroP-off Center A permit for operation of a permanent recycling drop- off center may be obtained subject to the following requirements: (a) A written application on a form provided by the Department of Public Services must be filed in the Office of the Director at least thirty (30) days prior to the proposed collection of recyclable materials at the permanent recycling facility. (b) An application fee for a permanent recycling drop- off center may be set by resolution of the city Council. (c) A permit may be denied, if when the required information is incomplete or incorrect or shows that a person is not otherwise entitled to conduct a permanent recycling drop-off center. (d) Every permit shall be visibly displayed where it can be read by the general public utilizing the recycling drop-off center. (e) A bond of not less than One Thousand Dollars ($1,000.00) executed by the applicant with two (2) or more good and sufficient sureties, satisfactory to the Director of Fiscal and Human Resources, shall be made payable to the Mayor of the city of College Station, and his successors in office, for the use and benefit of any person or persons entitled thereto, and conditioned that the principal and sureties shall pay all damages to persons caused by or arising from or growing out of any action of the applicant, his employees, agents, successors or assigns, while operating the permitted recycling drop-off center. The bond shall remain in full force and effect for the entire duration of the operation of the recycling center and the permittee shall be responsible for the submission of a new bond no less than ten (10) days prior to the expiration of any current bond. In the event that permittee fails to do so then permittee shall immediately cease operation of the recycling drop-off center and shall prevent the public from utilizing the facility. Ordinance No. 1906 Page 4 (f) (g) (h) An applicant for a permanent recycling drop-off center shall provided the following information on a form approved by the Director: Name of the applicant. Legal name of the business entity, if any, address, telephone number and state of incor- poration or filing of a partnership or articles of association. Sales tax number, or evidence of tax-exempt status. A description of the property intended to be utilized as the recycling drop-off center, sufficient to permit city employees to identify the proposed location of the recycling facility. The site plan to be submitted for review pur- suant to the Zoning Ordinance, which shall show the location and type of receptacles. A listing of the materials to be collected for recycling. Ail recycling activities shall conform to the requirements of this ordinance, as well as federal and state laws and regulations. The permittee shall service the recycling drop-off center regularly to prevent overflow, accumulation and deter pilferage of recyclables. The area sur- rounding receptacles for collection and storage of recyclable materials, waste material, processing material or other material shall be maintained in a clean and sanitary manner at all times. No re- cyclable materials, waste material, trash, pro- cessing material or other matter shall be allowed to accumulate around any receptacle or to overflow from any receptacle. Permittee shall assure that materials delivered to a recycling facility shall be handled and managed in such a manner so as to prevent, at all times, wind-blown materials. The permittee shall not dump or discard any matter on the ground on the premises of the recycling drop- off center at any time, or allow any person to do so. The permittee shall be solely responsible for the proper storage and disposal of non-recyclables deposited at the recycling facility. Ordinance No. 1906 Page 5 (k) (1) The Director shall have the authority to enter onto premises permitted hereunder and inspect for compliance with the terms and conditions imposed herein and under the Zoning Ordinance. A permit may be revoked for non-conformity with the provisions herein and/or with the provisions of the Zoning Ordinance, including site conditions imposed by the Project Review Committee or Zoning and Planning Commission. In the event that the Director determines that there is a violation of the permit or the conditions imposed then the Director shall give the permittee ten (10) days written notice at the address provided by the permittee on the application or supplemented by him to come into compliance. In the event that the permittee disputes the violation alleged then the permittee must give written notice to the Director of a requested hearing within the ten (10) day time period. If the permittee fails to request a hearing within that time period then the permittee will be conclusively considered to have acknowledged that the violation does in fact exist. If the permittee does request a hearing, it shall be held before the City Manager or his designee. Should the city Manager find that permittee is in violation of his permit, the City Manager will provide the permittee with a reason- able time period to come into compliance. A determination by the City Manager shall be final. Any determination of noncompliance under this subsection shall not operate to deprive the city of any other remedy it may have under this Code of Ordinances or the laws of this State. In the event that the Director finds that there are immediate serious health or safety violatlons that endanger the public or that the order to come into compliance with the permit, as provided herein above, has not been met then the Director shall so notify the City Manager who shall immedi- ately provide notice of hearing to the permittee, at the address provided or supplemented by permit- tee. The hearing shall take place in not less than ten (10) working days from the date of notice. The city Manager shall have the authority to revoke or suspend a permit where he determines that the health or safety of the public is in Ordinance No. 1906 Page 6 danger or where he determines that the has not been compliance notices or orders to comply pro- vided herein. (3) Record KeeDina Reauirements Every operator of any permitted recycling drop-off center temporary or permanent shall maintain on the premises, available for inspection by the City during regular business hours, records of the center's activities, including= (a) The amount of each type of recyclable material received in each month. (b) Each shipment of recyclable material received from any other recycling drop-off center. (c) Each shipment of recyclable material received from a scrap dealer or ~unk dealer. (d) Any materials transferred to the recycling drop- off center but rejected upon submission for accep- tance, such record of the rejection shall indi- cate the date and place of rejection, the type and amount of each material rejected, and the reason for rejection." III. This ordinance shall become effective from and after ite passage in accordance with the city Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 12th day of September, 1991. City Secretary APPROVED: rl~lrn