| MN -
Minnesota
 |
A Minneapolis ordinance now requires
all commercial property owners to recycle. Ordinance 174.435, which took
effect on Sept. 1, mandates that a business will:
• Identify and separate materials in its waste stream that can be
recycled.
• Provide a designated recycling area and receptacles.
• Arrange for the collection of recyclables at least twice per month.
• Provide documentation to employees, tenants and/or customers about how
to recycle on site.
The ordinance is enforced by the city’s
fire marshal. Noncompliance subjects the property owner to warnings,
fines and eventually revocation of the firm’s certificate of commercial
building registration.
174.435. - Recycling at commercial
buildings.
(a) Service required. Beginning September 1, 2011, every person
required to provide or who otherwise provides containers for the
collection of solid waste at any commercial building or use shall do the
following to facilitate recycling activity in each such commercial
building or use:
(1) Provide, by contract with a licensed private collection
vendor, adequate containers for the recycling of at least those
materials that are generated at the building and designated as
recyclable materials pursuant to section 225.05 and Article VI of
Chapter 225. Persons who provide their own collection and delivery of
recyclable materials to a recycling facility may provide containers at
their own cost. Containers shall be stored on the premises of the
building in locations that are convenient for the deposit and collection
of recyclable materials. A commercial building that houses multiple
tenants, uses or occupants may have such containers located in an
accessible and shared location or locations. Recycling services provided
pursuant to this section may be shared by multiple locations provided
that adequate containers are reasonably available and accessible from
each location.
(2) Provide for the collection and delivery of recyclable
materials to a recycling facility by self-hauling or by contract with a
licensed private collection vendor, at a regular frequency of at least
twice monthly.
(3) Distribute written information and instructions describing
the recycling program. The owner or operator of any commercial building
that contracts for or otherwise offers or is required to offer recycling
services pursuant to this section shall distribute such written
information to each business or commercial use located in the building
on at least an annual basis that describes the types of materials
accepted for recycling, the locations of the containers and any other
information necessary for a building tenant or occupant to access and
utilize the recycling services.
(4) Provide, upon the occurrence of the periodic inspection
required by this article or upon the order of the fire marshal, a
written recycling plan describing the recycling services offered at the
commercial building or use and addressing any other issues deemed
relevant by the fire marshal.
(5) Provide, upon the order of the fire marshal, any
documentation, receipts or contracts requested to establish compliance
with this section.
(b) Enforcement and penalties. The fire marshal and authorized
representatives and designees shall enforce the provisions of this
section. If it is determined that a person required to provide
commercial recycling services subject to this section fails to meet any
requirement of this section, the fire marshal shall mail a warning
notice to the person. The notice shall specify the reasons why the
commercial building or use fails to meet the recycling standards set
forth in this section. The notice shall indicate that the person has ten
(10) business days to comply with the ordinance. Any person who fails,
omits, neglects, or refuses to comply with the provisions of this
section after the period of compliance provided for in the required
warning notice shall be subject to an administrative penalty pursuant to
Chapter 2 and the schedule of civil fines adopted by the city council.
The provisions of Chapter 2 shall govern the appeal and hearing rights
afforded to any such person. Additionally, failure to comply with this
section may constitute good cause for the denial, suspension, revocation
or refusal to issue the certificate of commercial building registration
provided for pursuant to this article. (2011-Or-053, § 4, 6-17-11) |
| CA -
California
 |
California renters now
have the "right to recycle"
BILL NUMBER: AB 818 CHAPTERED
BILL TEXT
CHAPTER 279
FILED WITH SECRETARY OF STATE SEPTEMBER 7, 2011
APPROVED BY GOVERNOR SEPTEMBER 7, 2011
PASSED THE SENATE JULY 14, 2011
PASSED THE ASSEMBLY AUGUST 22, 2011
AMENDED IN SENATE JULY 1, 2011
INTRODUCED BY Assembly Member Blumenfield
(Coauthor: Assembly Member Chesbro)
(Coauthor: Senator Pavley)
FEBRUARY 17, 2011
An act to add Section 42913 to the Public Resources Code, relating to
recycling.
LEGISLATIVE COUNSEL'S DIGEST
AB 818, Blumenfield. Solid waste: multifamily dwellings. The California
Integrated Waste Management Act of 1989 establishes an integrated waste
management program administered by the Department of Resources Recycling
and Recovery. The act requires a local jurisdiction to adopt an
ordinance requiring the provision of adequate areas for collecting and
loading recyclable materials in development projects, including
residential buildings having 5 or more living units. A local agency is
prohibited from issuing a building permit to a development project,
unless the project provides adequate areas for collecting and loading
recyclable materials. This bill would enact the Renters' Right to
Recycle Act, to require an owner of a multifamily dwelling, defined as a
residential facility that consists of 5 or more living units, to arrange
for recycling services that are appropriate and available for the
multifamily dwelling, consistent with state or local laws or
requirements applicable to the collection, handling, or recycling of
solid waste, except as provided. This bill would provide that it would
become operative only if AB 341 of the 2011-12 Regular Session is not
enacted and does not become effective on or before January 1, 2012.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the following: (a)
The provision of recycling services at residential dwellings is one of
the most effective means of increasing the diversion and recycling of
solid waste. (b) In California, 70 percent of Californians living in
single-family homes have access to residential recycling. In contrast,
fewer than 40 percent of persons living in multifamily dwellings have
access to residential recycling. Of the waste generated at apartments,
only 15 percent is diverted, compared to rates above 50 percent for
single-family homes statewide. (c) Approximately 24 percent of all
housing in California is in structures with five or more units. More
than 7.1 million Californians live in approximately 2.4 million
multifamily dwellings. (d) The intent of this act, the Renters' Right to
Recycle Act, is to provide a convenient recycling opportunity for the
nearly three million Californians residing in multifamily dwelling units
who currently do not have access to recycling services at their place of
residence. (e) This act would bolster California's leadership in
recycling and conservation and help the state achieve its greenhouse gas
reduction goals. SEC. 2. Section 42913 is added to the Public Resources
Code, to read: 42913. (a) This section shall be known, and may be cited,
as the Renters' Right to Recycle Act. (b) An owner of a multifamily
dwelling shall arrange for recycling services that are appropriate and
available for the multifamily dwelling, consistent with state or local
law or requirements, including a local ordinance or agreement,
applicable to the collection, handling, or recycling of solid waste. (c)
For the purposes of this section, "multifamily dwelling" means a
residential facility that consists of five or more living units. (d) An
owner of a multifamily dwelling is not required to arrange for recycling
services pursuant to this section if any of the following apply: (1) (A)
There is inadequate space for recycling containers, as certified by a
solid waste enterprise that would otherwise serve the multifamily
dwelling. (B) The certification required pursuant to subparagraph (A)
shall be valid for no more than five years after the date of
certification and shall include all of the following: (i) Address of the
multifamily dwelling. (ii) Name, address, telephone number, and e-mail
address of the multifamily dwelling owner. (iii) Name, address,
telephone number, business license number, and e-mail address of the
solid waste enterprise making the required certification. (iv) Date of
certification. (v) Name and title of the person making the
certification. (C) This paragraph shall not apply to a multifamily
dwelling for which a building permit is required on or after either of
the following dates, whichever is later: (i) September 1, 1994. (ii) The
effective date of an ordinance required pursuant to subdivision (a) of
Section 42911 that was adopted prior to September 1, 1994, if the
effective date of the ordinance is prior to September 1, 1996. (2) A
solid waste enterprise providing recycling services does not serve the
property. (3) The cost of recycling services creates a financial
hardship for the multifamily dwelling owner. For purposes of this
paragraph, a multifamily dwelling owner can claim a financial hardship
only if the recycling services result in a cost increase of 30 percent
or more over the cost of providing solid waste services alone. A claim
of financial hardship shall be valid for no more than five years after
the date of the claim and shall include all of the following: (A)
Address of the multifamily dwelling. (B) Name, address, telephone
number, and e-mail address of the multifamily dwelling owner. (C) Name,
address, telephone number, business license number, and e-mail address
of the solid waste enterprise that provided the information on which the
claim is made. (D) Date of claim. (E) Name and title of the person
making the claim. (e) This section does not interfere with or prevent a
local jurisdiction from requiring recycling services for multifamily
dwellings. SEC. 3. This act shall become operative only if Assembly Bill
341 is not enacted and does not become effective on or before January 1,
2012. |
