Appendix 4316. REGULATION OF AREAS FOR COLLECTING AND LOADING RECYCLABLE MATERIALS

a
Purpose

The purpose of this subsection is to establish a comprehensive set of regulations and guidelines regarding areas for collecting and loading recyclable materials and recyclable materials for transportation to a mixed-waste processing or material recovery facility.

b
Definitions

For the purposes of this section, the following words shall have the following meanings:

"Development project" means any of the following:

(1)

A project for which a building permit is required for a new commercial, industrial or institutional building, or residential building having five (5) or more living units where solid waste is collected and loaded, or any residential project where solid waste is collected and loaded in a location serving five (5) or more living units.

(2)

Any new public facility where solid waste is collected and loaded and any improvements to that part of a public facility used for collecting and loading solid waste.

(3)

Any alteration or alterations to an existing commercial, industrial, or public facility project where the existing floor area of the subject building is expanded by fifty (50) percent or more.

"Improvement" means a physical change which adds to the value of a facility, prolongs its useful life, or adapts it to new uses, excluding repairs. Repairs keep facilities in good operating condition, do not materially add to the value of the facility, and do not substantially extend the life of the facility.

"Public facility" means any building, structure, or outdoor recreation area owned by a local agency.

"Recycling area (areas for recycling)" means any space allocated for collecting and loading of recyclable materials.

c
Applicability

(1)

The City of Tustin's contract with its hauler requires the provision of a recycling bin and/or toter to each business and multifamily account in the City. In addition, all areas of the City of Tustin that are served by the collection of commingled solid waste and recyclable materials for transportation to a mixed-waste processing or material recovery facility are exempt from the provisions contained herein. Provided that the material recovery facility meets California state regulations on the efficiency of recyclable recovery, the City will consider granting an exemption of a case-by-case basis.

(2)

In the event that the aforementioned exemption does not apply, all development projects for which a building permit is issued on or after September 1, 1993, shall be required to provide adequate, accessible, and convenient recycling areas for collecting and loading recyclable materials.

(3)

Where solid waste is collected and loaded in a location serving five (5) or more residential living units, recycling areas are only required to serve the needs of the living units which utilize the solid waste collection and loading area.

d
Guidelines

The following guidelines shall be used in evaluating all recycling areas required by this subsection:

(1)

An adequate number and capacity of bins or containers to allow for the collection and loading of recyclable materials generated by the development shall be located within the recycling areas of development projects. Dimensions of the recycling area shall accommodate containers consistent with current methods of collection in the area in which the project is to be located.

(2)

Any development that generates large amounts of organic waste such as pre- and post-consumer food waste and/or landscaping waste shall provide adequate room in the enclosure to house organic collection containers in addition to trash and recycling containers.

(3)

The design and construction of recycling areas shall be compatible with surrounding land uses, structures, topography and vegetation. Developments and public right-of-way adjacent to recycling areas should be adequately protected against any adverse impacts such as noise, odor, vectors, or glare through measures including, but not limited to, maintaining adequate separation, fencing, and landscaping.

(4)

Recycling areas shall have a solid roof or awning and shall be enclosed by masonry wall with access which effectively obscures the contents placed within the enclosure.

(5)

Recycling areas shall be secured to prevent the theft of recyclable materials by unauthorized persons, while allowing authorized persons access for disposal of materials.

(6)

Recycling areas or the bins or containers placed therein shall provide protection against adverse environmental conditions which might render the collected materials unmarketable.

(7)

Driveways or travel aisles shall be unobstructed and provide access for the City's franchised solid waste hauler's collection vehicles and shall provide minimum clearance for vehicles utilized by the City's franchised solid waste hauler.

(8)

The design and construction of recycling areas shall meet all applicable zoning setback and yard requirements and shall not be located in any area required to be constructed or maintained unencumbered, according to any applicable federal, state, or local laws relating to fire, access, building, transportation, circulation, or safety.

(9)

Any recycling area(s) shall be located to be convenient to persons who deposit, collect, and load the recyclable materials. Whenever feasible, areas for collecting and loading recyclable materials should be adjacent to, or developed in conjunction with, the solid waste collection areas.

(10)

A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein should be posted adjacent to all points of direct access to the recycling area.

(11)

All areas for loading and collecting recyclable materials are subject to design review by the Community Development Department.

(Ord. No 1429, Sec. I.1, 5-21-13)