File #: O-41-16    Version: 1 Name:
Type: Ordinance Status: Adopted
File created: 9/2/2016 In control: City Council
On agenda: 10/10/2016 Final action: 10/24/2016
Title: Compostable Food Waste - For the purpose of amending the Annapolis City Code definition of "Solid Waste" to exclude compostable food waste; to exempt collectors of compostable food waste from having to obtain a solid waste permit and pay the associated fee; and matters generally relating to the collection of compostable food waste.
Sponsors: Jared Littmann, Michael J. Pantelides, Joe Budge
Indexes: Housing and Human Welfare Committee
Attachments: 1. O-41-16 Compost Ordinance.pdf, 2. O-41-16 Staff Report.pdf, 3. O-41-16 Fiscal Impact.pdf, 4. O-41-16 Littmann Proposed Amendment.pdf, 5. O-41-16 SIGNED.pdf

Title

Compostable Food Waste - For the purpose of amending the Annapolis City Code definition of “Solid Waste” to exclude compostable food waste; to exempt collectors of compostable food waste from having to obtain a solid waste permit and pay the associated fee; and matters generally relating to the collection of compostable food waste.

Body

 

CITY COUNCIL OF THE

City of Annapolis

 

Ordinance 41-16 Amended

 

Introduced by: Alderman Littmann, Mayor Pantelides

and Alderman Budge

 

Referred to

Housing and Human Welfare Committee

 

 

AN ORDINANCE concerning

 

Compostable Food Waste

 

FOR                     the purpose of amending the Annapolis City Code definition of “Solid Waste” to exclude compostable food waste; to exempt collectors of compostable food waste from having to obtain a solid waste permit and pay the associated fee; and matters generally relating to the collection of compostable food waste.

 

BY                     repealing and re-enacting with amendments the following portions of the Code of the City of Annapolis, 2015 Edition

                     10.16.005

 

 

SECTION I:                     BE IT ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that the Code of the City of Annapolis shall be amended to read as follows:

 

Chapter 10.16 - SOLID WASTE

 

Article I - General Provisions

 

Section 10.16.005 - Definitions.

 

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

 

A.                     "Approved refuse container" means a container meeting the requirements of this chapter and used for holding solid waste.

B.                     "Bulk items" means household items such as sofas, chairs, tables, toilets, kitchen cabinets, carpeting, mattresses, box springs, dressers, large televisions, and picnic tables. Appliances and metal items such as bed frames, refrigerators, stoves, and dishwashers and metal objects over three and a half feet in length or weighing more than thirty-five pounds each are also bulk items. Bulk items shall not include materials that are collected in the recycling program or construction material/remodeling demolition debris.

C.                     "Commercial" means occupied with or engaged in commerce or work intended for commerce, including non-profit and religious organizations.

D.                     "Commingled" means that paper, glass, plastic, and cans may be placed in the same container.

E.                     "Dead animal" means the carcass or remains of any nonliving, nonhuman, vertebrate creature. It does not include a condemned animal, an animal from a slaughterhouse, and any animal normally considered as industrial refuse.

F.                     "Disposition" means the transportation, placement, or arrangement of recyclable materials for all possible end uses except disposal as refuse.

G.                     "Generator" means the landlord or management company responsible for removal of solid waste.

H.                     "Glass" means clear and colored glass bottles and containers. glass shall not include crystal, ceramics, light bulbs, plate windows, or laminated, wired, or mirrored glass.

I.                     "Multi-unit community" means ten or more apartments, townhouses or condominiums located on a single property or contiguous properties under common ownership or management, including public-assisted housing.

J.                     "Person" means an individual, firm, partnership, corporation, association, cooperative enterprise, trust, municipal authority, federal institution or agency, state institution or agency, municipality, other governmental agency or any other entity or any group of such persons which is recognized by law as the subject of rights and duties. In any provisions of this chapter prescribing a fine, penalty, or imprisonment, the term "person" includes the officers and directors of a corporation or other legal entity having officers and directors.

K.                     "Plastic" means an item made from moldable synthetic, natural, or organic materials and formed into shapes.

L.                     "Recyclable materials" means the following materials and any future materials that have a useful physical or chemical property including, but not limited, to: newspapers, magazines and catalogs; books; cardboard and paper boxes; file folders; packing paper; colored paper; wrapping paper; pizza boxes; corrugated boxes; computer printouts; office papers; envelopes; paper bags; telephone books; junk mail; aluminum; glass bottles; jars; steel and ferrous cans; and containers including aerosol cans, HDPE-natural and HDPE-colored, PET-high grade.

M.                     "Recycling" means any process by which materials that would otherwise become solid waste are collected, separated or processed, and returned to the economic mainstream in the form of raw materials or products.

N.                     "Refuse" means all solid waste materials including garbage, dead animals, street cleanings and solid market and industrial wastes, but not human excreta or building construction wastes.

O.                     "Residential" means used or designed for single residence or limited to residences, single or multifamily dwelling units.

P.                     "Solid waste" means refuse, recyclable, yard waste, and other waste matter, not to include COMPOSTABLE FOOD WASTE AND explosives, poisons, corrosives, flammable liquids, hot ashes and coals, medical waste, or other similar hazardous materials and wastes. TO QUALIFY FOR THE COMPOSTABLE FOOD WASTE EXEMPTION, THE COLLECTOR MUST OWN OR OPERATE AN MDE-PERMITTED FOOD WASTE COMPOST FACILITY, OR DISPOSE OF COLLECTED COMPOSTABLE FOOD WASTE AT AN MDE-PERMITTED FOOD WASTE COMPOST FACILITY.  DOCUMENTATION OF THE AFOREMENTIONED OWNERSHIP, OR OPERATION AND DISPOSAL, SHALL BE PROVIDED TO THE DIRECTOR OF PUBLIC WORKS AND/OR HIS DESIGNEE UPON REQUEST.

Q.                     "Unit" means an enclosed space that consists of one or more rooms occupying all or part of a floor or floors in a building of one or more floors or stories, but not the entire building, and that is designed for use as a single residence.

R.                     "Wastes" means all unwanted materials, including liquid and solid materials.

S.                     "Waste minimization" means the voluntary reduction by the consumer of the volume of refuse entering the solid waste stream.

T.                     "Yard trimmings" means grass clippings, weeds, discarded plants, leaves, branches, brush, and tree wood waste up to four inches in diameter and no longer than four feet in length. 

 

 

SECTION  II:   AND  BE  IT  FURTHER  ESTABLISHED  AND  ORDAINED  BY THE ANNAPOLIS CITY COUNCIL that this ordinance shall take effect from the date of its passage.

 

 

 

EXPLANATION

CAPITAL LETTERS indicate matter added to existing law.

Strikethrough indicates matter stricken from existing law.

Underlining indicates amendments