§ 118-137. Minimum standards for recycling on non-residential property.

(a)

Each owner shall: (1) provide recyclable materials containers on the owner's non-residential property so the generators located on the owner's non-residential property may recycle all of the recyclable materials that the generators have designated pursuant to Subsection (b), below; and (2) arrange for collection services of recycling materials placed in the recyclable materials containers or self-haul and transport those materials to a recycling facility.

(b)

Each generator shall recycle all of the primary recyclable materials that it produces. At least once each year, each generator shall: (1) consider the list of recyclable materials designated by the County pursuant to Section Six of this Ordinance [Section 118-136, herein]; (2) consider the types of recyclable materials generated by its activities on non-residential property; (3) identify the primary recyclable materials that the generator produces; and (4) identify (i.e., designate) the primary recyclable materials that the generator must recycle. Thereafter, each generator shall separate the designated primary recyclable materials from the generator's solid waste, and place the designated primary recyclable materials in recyclable materials containers provided for collection.

(c)

If a generator's activities do not produce any primary recyclable materials, the generator shall designate and recycle one or more recyclable material in the manner described in Subsection (b), above, unless the generator is exempt pursuant to Subsection 118-141(a), below.

(d)

Each generator shall coordinate with the owner of the non-residential property where the generator's activities occur, and each owner shall coordinate with the generator on its non-residential property, to ensure that the generator's recyclable materials are taken to a recycling facility.

(e)

No person shall dispose of recyclable materials that have been separated from solid waste pursuant to Subsections (b) or (c), above.

(f)

No person shall place solid waste, or hazardous waste in a recyclable materials container.

(g)

No person shall cause litter or a nuisance. Each person shall take all necessary steps to ensure that their own recycling activities do not cause litter or a nuisance. Each person shall immediately pick up any litter and eliminate any nuisance caused by their activities.

(h)

Each owner shall, upon request, provide the County Manager with a copy of a service agreement, or self-hauling certificate with receipts from a recycling facility demonstrating that the primary recyclable materials generated on the owner's non-residential property are being taken to a recycling facility. The service agreement, or self-hauling certificate, shall be available for inspection by the County Manager at the owner's non-residential property during -normal business hours. The owner shall mail or deliver these documents to any generator located on the owner's non-residential property, within fourteen (14) days, if the generator requests the documents.

(i)

Each generator shall, upon request, provide the County Manager with a copy of a service agreement, or a self-hauling certificate with receipts from a recycling facility demonstrating that the generator's primary recyclable materials are being taken to a recycling facility. The service agreement or self-hauling certificate and other documents shall be available for inspection by the County Manager at the generator's non-residential property during the generator's normal business hours.

(j)

An owner may satisfy its obligations under this Ordinance by performing the required activities itself or by using the services of a contractor or other person who complies with the requirements of this Ordinance. However, notwithstanding anything else contained herein, the owner shall be responsible for ensuring and demonstrating its compliance with the requirements of this Ordinance.

(k)

A generator may satisfy its obligations under this Ordinance by performing the required activities itself or by using the services of a contractor or other person who complies with the requirements of this Ordinance. However, notwithstanding anything else contained herein, each generator shall be responsible for ensuring and demonstrating its compliance with the requirements of this Ordinance.

(Ord. No. 2009-56, § 7)