Farmington, NM Residential Curbside Recycling

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Farmington, NM, US

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Type: Ordinance

Status: Adopted on 9/9/08

Source File: http://www.fmtn.org/pdf/administration/253/ordinance_1208.pdf

Text:

ORDINANCE NO. 2008-1208
AN ORDINANCE AMENDING CHAPTER 23 OF THE FARMINGTON CITY CODE DEALING WITH RESIDENTIAL CURBSIDE RECYCLING

WHEREAS, the City of Farmington has contracted with Waste Management of New Mexico, Inc., to provide residential curbside recycling services for the City; and

WHEREAS, recycling is the process of turning one product's useful parts into a new product in order to conserve on the consumption of resources, energy and space used in landfills; and

WHEREAS, by adopting a curbside recycling program the City of Farmington is contributing our share of conservation and preservation of our resources; and

WHEREAS, the City's residential curbside service will be implemented on January 1, 2009; and

WHEREAS, the initiation of curbside recycling services will necessitate an increase in fees for residential services for additional pick-up service and an increase in the fees for both residential and commercial rates to pay for the construction of a new recycling facility; and

WHEREAS, adoption of the new fees requires amendments to Chapter 23 of the Farmington City Code.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FARMINGTON:

SECTION 1: Sec. 23-1-1, Definitions, is amended by adding the following definition in alphabetical order:

"Recyclable materials mean the items designated by the City or its contractor as allowable materials acceptable for recycling."

SECTION 2: The catchline and subsections (a) and (a)(1) of Sec. 23-2-7 are amended to read as follows:

"Sec. 23-2-7. Fees for sanitation and curbside recycling service.

(a) Residential service rates. Rates for collection of solid waste and curbside recycling for residential service shall be as follows:
(1) Individual residential solid waste and curbside recycling service (four units or less). Individual residential and curbside recycling service rates under this subsection shall be $14.80 per month per single-family unit and shall apply to individual homes, individual mobile homes, duplexes, triplexes, fourplex units, condominiums, small mobile home parks whether or not spaces are occupied, and multifamily or apartment buildings which contain four or fewer single-family units. Each single-family unit which is subject to the individual residential service rate shall be provided with one polycart container in which to place solid waste in accordance with the other regulations provided within this chapter. Each residential family unit that requests recycling service shall be provided with one polycart container for the collection of recyclable materials. Residents who choose not to participate in the recycling program will not be provided a recycling container but will still be assessed the full monthly service fee of $14.80. Any single-family residential unit requesting more than one solid waste polycart container or more than one curbside recycling container shall be provided with the applicable additional container at a rate of $2.64 per month per single-family unit per additional container."

SECTION 3: A new subsection (3) is added to Sec. 23-2-7(a) as follows:
"(3) Low income individual residential service. Customers who would otherwise pay the individual residential service rate as provided in paragraph (1) of this subsection shall qualify for the low income residential rate if they show proof that they have been accepted to receive benefits under the Low Income Home Energy Assistance Program (LIHEAP). Once qualified, the customer shall be entitled to the low income individual residential service rate for a period of twelve (12) months. The low income individual residential service rate shall be $10.10 per month."

SECTION 4:
Sec. 23-2-7(b) of the Farmington City Code is amended by deleting the figure $14.72 in both places and substituting the figure $16.47.

SECTION 5:
Sec. 23-2-7(c) of the Farmington City Code is amended by deleting the "Container (Bin) Rate Schedule" and substituting the following "Container (Bin) Rate Schedule": (For chart, see source file.)

SECTION 6: The title to Sec. 23-2-9 is amended to read as follows:

"Placement of bins and containers and preparation of refuse and recyclable materials for collection."

SECTION 7: The first sentence (after the catchline) of Sec. 23-2-9(a)(1) is amended to read as follows:

"All owners, occupants, customers or other persons in charge of any premises within the city who receive individual residential service shall place all garbage, trash, waste, refuse or recyclable material in the applicable residential container (polycart) provided to the customer by the city."
The remainder of Sec. 23-2-9(a)(1) shall remain unchanged.

SECTION 8: The catchline to Sec. 23-2-9(b) is amended to read as follows:

"Preparation of refuse and recyclable material for collection."

SECTION 9: A new subsection (6) is added to Sec. 23-2-9 as follows:

"(6) Recyclable materials. No items other than recyclable materials approved by the City or the City's contractor shall be placed in the recyclable container. Any variation of items placed in the recyclable containers that are not included in the approved recyclable materials list will be a violation of this section."

SECTION 10: All other provisions of Chapter 23 of the Farmington City Code shall remain unchanged.

SECTION 11: The effective date of this Ordinance shall be January 1, 2009.

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