§ 90-50. Curbside recycling service.

(a)

Generally. Every person who holds a license issued under this division shall:

(1)

Pursuant to collection requirements of subsection 90-47(3), collect all approved recyclable materials placed at curbside in recyclable containers designated and approved by the county. If special bag-based containers are designated and used, the license holder shall provide vehicles and equipment approved pursuant to section 90-46, except that for packer truck units the compaction ratio cannot exceed two to one compaction unless otherwise approved by the county administrator or his designee.

(2)

Be responsible for inspection of the designated container placed at curbside for the purpose of identifying any nonrecyclable materials which have been placed in the container. The license holder shall place a notice provided by the county on the container if nonrecyclables are observed, and the container shall not be collected until the nonrecyclable materials are removed by the customer.

(3)

Be responsible for transport and delivery of the curbside collected recyclable materials to designated dropoff sites in the county which have been identified by the county. The license holder shall also be responsible for and take reasonable precautions to ensure that recyclable materials are handled, compacted and delivered in a manner which reduces bag breakage and glass breakage if a bag-based system is implemented by the county.

(4)

Be responsible for maintaining route and customer accounting data, records and information to provide the county with the participation rate, based upon set-outs per route as a percentage of customers served per route. This information and data shall be provided to the county on a monthly basis on forms provided by the county or upon special request as deemed necessary by the county.

(5)

Provide collection of curbside recyclable materials at any time on the collection date designated by the license holder unless a specific start time is otherwise designated and approved by the county administrator or his designee. The license holder shall maintain and staff a telephone from 8:30 a.m. to 4:30 p.m., Monday through Friday, except for legal holidays, to provide customer information and complaint resolution regarding collection and transport of the curbside recycling materials.

(6)

Be responsible for delivery to each customer's home one sample pack of bags or other type containers provided by the county for implementation of a curbside recycling program. The dates for delivery of the bags or containers, along with appropriate recycling literature also provided by the county, shall be established by the county at least 30 days prior to the designated delivery date.

(7)

Provide promotional literature and educational materials which shall be attached to the customer's bill or printed on the bills at least twice annually or as otherwise required by the county. The county shall coordinate implementation of the initial materials mailed with the customer's bill by providing sample brochures and pamphlets which shall be used as a guide by the license holder in development and printing of the educational material.

(b)

Antiscavenging.

(1)

Recyclable materials placed at curbside in containers specified by the county or otherwise placed in containers or bins owned by the county, regardless of the locations or site used for dropoff of recyclable materials, shall be deemed the property of the county. The county may, by agreement or contract, assign the right of ownership of the recyclable materials placed at curbside to another party for the collection, transport and processing of the recyclables delivered to a transfer station or material recovery facility by a licensed holder.

(2)

It shall be unlawful for anyone to scavenge or remove any containers or recyclable materials placed in containers which are set out at curbside by residents or as otherwise stored for pickup by a license holder in the county. Any person who violates this subsection shall be subject to punishment as outlined in section 1-6.

(Code 1970, § 23-56.1; Ord. No. 91-16, § 3(16A, B), 12-3-91)