§ 14-43. Multi-family recycling.

(a)

Definitions. For the purposes of this section, the following terms shall have the meaning shown:

Manager means a person, corporation, partnership or entity, who acts as an agent for the owner in managing a multi-family property.

Multi-family property means a property with three (3) or more residential dwelling units including but not limited to, apartments, townhomes, condominiums, high rise condominiums and San Antonio Housing Authority properties.

Owner means any persons, corporation, partnership or entity, or their agent (such as a condominium or homeowners association), jointly or severally, having an ownership interest in a multi-family property responsible for solid waste collection.

Recycling collection service means a property that is serviced by a recycling collector for recyclable materials.

Recycling collector means a person, firm, corporation, partnership or entity that collects recyclable material from multi-family properties within the city.

Recycling container means a container marked with signage clearly indicating that it is only to be used only for the collection of recyclable materials and with signage clearly indicating the types of recyclable materials accepted.

Recyclable materials mean those materials that are separated from garbage and trash for the purpose of recycling, such as, but not limited to, newspaper, mixed office paper, corrugated cardboard, kraft paper, aluminum and tin cans, magazines, steel aerosol cans, glass bottles, glass containers, plastic bottles and plastic containers with resin code mobius numbers 1—7.

Recycling facility means a recycling materials recovery or reuse facility.

Refuse means any mixture of putrescible and non-putrescible solid and semi-solid wastes including garbage and trash.

Self-haul when used in reference to recyclable materials generated by a multi-family property means the collection and transportation of such materials where an owner or employee or agent of the entity hauls the material to a recycling facility rather than hiring a recycling collector to perform this function.

Source separation means to divide solid waste at the place of generation, prior to collection, into separate containers that are designated for recyclable materials and refuse.

Tenant means a person or group that rents and occupies a residential space within a multi-family property from a multi-family owner for a period of time.

(b)

Requirements for owners or managers of multi-family properties.

(1)

Owners or managers of multi-family properties shall provide a recycling plan in accordance with subsection (b)(5) and shall provide recycling collection service in accordance with subsection (b)(6). Owners or managers of multi-family properties with eight (8) or less units may apply to receive and pay for the city's curbside recycling and garbage service as provided by the department in section 14-30.

(2)

Recycling collection service shall be provided in accordance with this chapter. Recycling collection service shall be required on a frequency sufficient to avoid containers which are overflowing.

(3)

Owners or managers of multi-family properties must supply recycling containers through private contracts with their recycling collector or other appropriate means, placed in an appropriate location, to make the disposal of recycling material as convenient as garbage material and which offers equal access opportunity to a recycling container as a garbage container for tenants of the properties.

a.

Recycling containers shall be of appropriate size and number for anticipated recyclables generated at the property.

b.

Recycling collection service shall be as convenient to the tenant as garbage collection service. Owner is required to have or to secure recycling collection service that allows for the placement of recycling containers as close as possible to garbage containers.

1.

Should a complex offer door to door valet garbage collection service, then the recycling service should be of a similar nature.

2.

Should a high rise complex have a designated chute for garbage collection service, then the recycling service should be of a similar nature or should be as convenient for the tenant.

c.

Figure 14-43.1, multifamily recycling container placement example, demonstrates in a graphical manner what is meant by the "appropriate number" number of containers and the "convenient" placement of containers that will allow for equal access opportunities by tenants.

d.

At a minimum, owners or managers of multi-family properties must provide clear and visible signage on the containers indicating:

1.

The container is only for recyclable materials, and

2.

The types of accepted recyclable materials.

e.

This requirement does not prohibit owners or managers of multi-family properties from negotiating with a recycling collector to provide recycling containers as a provision of a service agreement or contract.

(4)

Owners or managers of multi-family properties must ensure that tenants are educated about recycling services as follows:

a.

Information, including the types of recyclable materials accepted and the location of recycling containers must be distributed to all tenants upon the commencement of providing recycling services and upon move-in of a new tenant.

b.

All occupants must be given information and instructions upon any change in recycling services to the property.

(5)

Prior to the multi-family property owner or manager initiating the start of recycling collection service in accordance with this section, a "recycling plan" must be developed and submitted to and approved by the department. The department will make forms for this plan available in both a printed form and in an electronic format.

a.

All recycling plans will be due to the department no later than three (3) months prior to the indentified start time of the recycling services as follows:

1.

For multi-family properties with three hundred (300) units or more, recycling plans must be submitted by April 1, 2011.

2.

For multi-family properties with at least two hundred (200) units but not more than two hundred ninety-nine (299) units, recycling plans must be submitted by July 1, 2011.

3.

For multi-family properties with at least one hundred (100) units but not more than one hundred ninety-nine (199) units, recycling plans must be submitted by October 1, 2011.

4.

For multi-family properties with three (3) to ninety-nine (99) units, recycling plans must be submitted by January 1, 2012.

5.

Owners or managers of new multi-family properties established or receiving a certificate of occupancy after the plan submission dates above shall submit a recycling plan to the department within thirty (30) days of receiving a certificate of occupancy.

6.

If the recycling plan is rejected by the department, the owner or manager of the multi-family property has thirty (30) days from notification of the rejection to submit a revised plan for approval. A rejected plan will not constitute an acceptable excuse to not start the service by the date prescribed below.

b.

Owners or managers of multi-family properties shall submit an update to their recycling plan to the department whenever one of the following occurs:

1.

A change in the ownership or a change of management of the property.

2.

A change in recycling collector services.

3.

A change in the method of collection, such as a change in the types of containers.

(6)

Recycling service and program implementation consistent with the approved recycling plan will be required to begin at all multi-family complexes by the following dates:

a.

For multi-family properties with three hundred (300) units or more, recycling service must start on or before July 1, 2011.

b.

For multi-family properties with at least two hundred (200) units but not more than two hundred ninety-nine (299) units, recycling service must start on or before October 1, 2011.

c.

For multi-family properties with at least one hundred (100) units but not more than one hundred ninety-nine (199) units, recycling service must start on or before January 1, 2012.

d.

For multi-family properties with three (3) to ninety-nine (99) units, recycling service must start on or before April 1, 2012.

e.

Owners or managers of multi-family properties established or receiving a certificate of occupancy after the recycling service start dates above shall start recycling service on or before thirty (30) days of receiving approval for their recycling plan.

(7)

The minimum parking required for the multi-family property may be reduced in order to provide adequate space for recycling container storage areas as required by this section. In such cases the recycling container storage area shall be screened in accordance with subsection 35-511(c).

(c)

Requirements for recycling collectors.

(1)

All recycling collectors shall register with the department prior to providing collection of recyclable materials. The department will make the registration form available in both a printed form and in an electronic format.

(2)

Recycling collectors who collect recyclable materials generated from multi-family properties within the city shall deliver those recyclable materials to a recycling facility for processing.

(3)

Recycling collectors shall submit an annual report to the department by March 1 of each year, documenting activities that occurred in the previous calendar year. The reporting requirement will go into effect on March 1, 2013 and will include data from calendar year 2012. Vendors who only provide valet collection and do not deliver recycling to a processor are exempt from reporting requirement. The department will provide a form to registered collectors for submitting their annual data.

a.

Total number of living units served for such multi-family properties;

b.

Total number of tons of recyclable material collected for such collection services;

c.

The names and addresses of the recycling facilities to which the recyclable materials collected within the city were delivered for recycling;

d.

Additional information as required by the director or his designee.

(4)

An owner or manager of a multi-family property that elects to self-haul recyclable materials generated at such multi-family property shall be required to submit an annual report. Self haulers may opt to submit their annual reports through their material recovery facility.

(d)

Requirements for city.

(1)

Upon request, the department shall provide, in a printed form and an electronic format, educational and promotional material such as posters, introductory letters and signage to all owners or managers of multi-family properties upon submittal of an approved recycling plan.

(2)

The department shall manage the components of the program by providing:

a.

The property owner or manager with technical assistance in the development of the recycling plan.

b.

Approval of the recycling implementation plan submitted by the property owner or manager.

c.

Periodic site inspection to ensure compliance and to follow up on any complaints.

(3)

The department will be responsible for collecting, tabulating and reporting on recycling data. Reports will be produced on an annual basis to report on the tons of materials recycled by the multi-family properties.

(e)

Enforcement.

(1)

The director or his designee shall have authority to designate personnel to enforce and to administer the provisions of this article. Those designated by the director or his designee may exercise any enforcement powers as set forth in sections 1-5 and 14-60.

(2)

Such enforcement shall not hold owners or managers of multi-family properties responsible for tenants' participation or non-participation in the recycling program or for contamination of recyclable materials.

(3)

In accordance with V.T.C.A., Local Government Code §§ 250.003 and 250.004, an individual who is an employee of the owner of a multi-family property cannot be cited for non-compliance with this section as long as he or she provides the owner's name, current street address and telephone number to the enforcement official.

(4)

It is an offense for a person to do or perform any act prohibited in this section and it is an offense for a person to fail to do or perform any act required hereby. Each day's violation hereof shall constitute a separate offense for which the conviction shall be punished by a fine not to exceed two thousand dollars ($2,000.00). Violators of this section, pertaining to waste hauling, shall be subject to the penalties recited above. Should the court impose a fine in excess of five hundred dollars ($500.00), the finder of fact must find that the offense was committed knowingly, intentionally, or recklessly.

(Ord. No. 2010-12-09-1026, § 1, 12-9-10; Ord. No. 2013-01-31-0079, § 1, 1-31-13)