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City of Burlington 

Published November 23, 2022 at 10:00 a.m.

In the Year Two Thousand Twenty-Two an Ordinance in Relation to Chapter 14. Solid Waste— Article I. In General— Update of Solid Waste &Amp; Recycling Requirements Re Separation, Storage, and Collection

Ordinance 8.06
Sponsor: Department of Public Works, Department of Permitting & Inspections; Ordinance Committee
First reading: 08/15/22
Referred to: Ordinance Committee
Second reading: 11/07/22
Action: adopted
Date: 11/07/22
Signed by Mayor: 11/17/22
Published: 11/23/22
Effective: 12/14/22

It is hereby Ordained by the City Council of the City of Burlington as follows:

That Chapter 14. Solid Waste, Article I. In General of the Code of Ordinances of the City of Burlington be and hereby is amended to read as follows:

14-1 Purpose. As written.

14-2 Definitions.

The following definitions shall apply to this article:

- Authorization by the City of Burlington: Authorized pursuant to a legal contract or other written authorization entered into by the city and a private third person as defined herein.

- Curbside: an area adjacent to the street, curb, or roadside ditch, but in no case greater than ten

(10) feet from the curb or roadside nor directly on the traveled portion of any road or sidewalk.

- Designated area: an area selected for placement of solid waste for collection, which must be readily accessible at all times by a conventional solid waste collection vehicle and not directly on

the traveled portion of any public road or sidewalk. An area may be so designated through mutual agreement between a person and their hauler. However, the location of a designated area shall not violate any applicable local or municipal ordinance.

- Hazardous waste: any waste or combination of wastes of a solid, liquid, contained gaseous, or semi-solid form, including those that are toxic, corrosive, ignitable, reactive, strong sensitizers, or that generate pressure through decomposition, heat, or other means, that in the judgment of the Secretary may cause or contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, taking into account the toxicity of such waste, its persistence and degradability in nature, and its potential for assimilation, or concentration in tissue, and other factors that may otherwise cause or contribute to adverse acute or chronic effects on the health of persons or other living organisms, or any matter that may have an unusually destructive effect on water quality if discharged to ground or surface waters of the State. All special nuclear, source, or by-product material, as defined by the Atomic Energy Act of 1954 as subsequently amended and codified in 42 U.S.C. § 2014, is specifically excluded from this definition.

- Hauler: any person who collects, transfers, or transports solid waste generated within Chittenden solid waste District borders for compensation, including any operator of a vehicle or trailer, or a container on or attached to such vehicle or trailer, to collect solid waste from self-haulers.

- Household hazardous waste: any waste from households that would be subject to regulation as hazardous wastes if it were not from households.

- Person: Any person, firm, partnership, association, corporation, company or organization of any kind.

- Recyclable: Recyclable material as specifically identified in regulations promulgated pursuant to these provisions Solid waste which may be reclaimed or processed so that it may be used in the production of materials or products.

- Self-hauler: any person who transports and delivers his or her own solid waste or solid waste from other individuals within a member municipality for no compensation.

- Solid waste: Any solid waste as defined in Title 10 V.S.A. section 6602.

14-3 Solid waste regulation.

In accordance with section 48(VI) of the City Charter, the collection, removal and disposal of all solid waste, including recyclables, within the limits of the city shall be regulated by the city council. Such Any regulations as are necessary and appropriate to effectuate the aims of this chapter shall may be proposed by the public works commission for approval by the city council.

14-4 Collection.

(a)-(b) As written.

(c) Those businesses, landlords or institutions that elect to implement their own collection or disposal programs may do so only with the approval of the public works commission and shall register with the department of public works, which shall have the authority to monitor such programs for compliance with regulations adopted pursuant to these provisions any provision of this chapter.

(d) The department of public works may establish, and modify as necessary, a schedule for the collection of recyclables by the city from residential properties.

14-5 Public safety. Reserved.

No person having the custody or control of residential, industrial or business premises in the city from which solid waste, including recyclables, is collected shall permit or cause any solid waste, including recyclables, within their control to become a hazard to public travel, health or safety or to become a nuisance of any sort. Solid waste, other than yard waste, may not be deposited or otherwise left out-of-doors unless it has been placed in the proper container as defined by regulations promulgated pursuant to this article. All containers must be kept covered with a tightly fitting lid. The public works commission shall promulgate regulations, subject to approval by the city council and consistent with health and zoning regulations, to ensure the public health and safety, including aesthetic concerns, regarding the placement and screening of waste containers. Household hazardous wastes may only be disposed of in accordance with regulations adopted pursuant to this article.

14-6 Illegal dumping. As written.

14-7 Open fires and incinerators. As written.

14-8 Solid waste in proper container; separation and storage of recyclables.

(a) No person having the custody or control of residential, industrial or business premises in the city from which solid waste, including recyclables, is collected shall permit or cause any solid waste, including recyclables, within their control to become a hazard to public travel, health or safety or to become a nuisance of any sort. Solid waste, other than yard waste, and household hazardous wastes may not be deposited or otherwise left out-of-doors unless it has been placed in the proper container.

(a) (b) Except as hereinafter provided, recyclables from all residences shall be kept separate from other solid waste in a covered wheeled recycling container with a minimum capacity of thirty-five (35) gallons either provided or approved by the department of public works ("toters"), except as provided for in Section 18-111 of this Code of Ordinances, and either delivered to a collection facility or placed at the Curbside or designated area for pickup as defined in regulations adopted pursuant to this article and on file with the city clerk.

(b) (c) Businesses, institutions and industries located within the city shall separate recyclables from all other solid waste in accordance with regulations adopted pursuant to this article. Once separated, such materials shall be placed in city-approved containers and in clearly marked designated areas as described in the regulations.

(c) (d) In accordance with regulations adopted pursuant to this article, Any person within the city may properly dispose of recyclables at private collection facilities or at collection areas maintained by the city or its designated agent for that purpose.

(d) (e) Placement requirements may be waived by the department of public works if for reasons of age, infirmity or handicap or disability a resident is unable to comply. Cross reference—Minimum Housing Standards Ordinance of the City of Burlington, § 18-111.

14-9 Collection by unauthorized person. As written.

14-10 Penalties and enforcement.

(a) Any person violating any provision of this chapter or the regulations enacted hereunder A violation of any provision of this chapter shall constitute a civil offense enforceable under section 1-9 of this Code of Ordinances. Each day that a violation is continued shall constitute a separate offense.

(b) The city, or its designated agent, reserves the right to refuse to collect solid waste or to refuse to allow disposal at any facility operated by the city or for the benefit of the city where these the provisions or the regulations promulgated hereunder of this chapter are ignored or violated. The city further reserves the right to terminate the authorization of any hauler who violates these the provisions or the regulations promulgated

hereunder of this chapter.

(c) As written.

(d) The city may, upon the violation of any provision of these provisions this chapter, maintain an action to enjoin the violation of these provisions, or any regulations adopted to implement the same, but the election of the city to proceed with an application or petition for an injunction shall not prevent a criminal prosecution for the violation of these provisions bring an action for injunctive relief in addition to or in lieu of any fine imposed under 1-9 of this Code of Ordinances.

(e) Expenses incurred by such action taken by the city shall be recovered by against the person whose legal duty it was to comply with these provisions.

Cross reference—General penalty; continuing violations, § 1-9.

14-11 Inconsistent repeal. As written.

14-12 Severability. As written.

14-13 Effective date.

[The provisions of this article shall become effective June 27, 1991.The November 7, 2022 amendments to this Article shall be effective on May 1, 2023.

14-14 Solid waste generation tax.

(I-XIII) As written.

(XIV) ADMINISTRATIVE RULES AND REGULATIONS:

The public works commission with concurrence of the city council shall have the power and it shall be its duty from time to time to adopt, publish and enforce rules and regulations for the purpose of carrying out the provisions of this section and it shall be unlawful to violate or fail to comply with any such rule or regulation.

14-15—14-18 Reserved.

14-15 Hazardous wastes and household hazardous wastes. Hazardous wastes and Household hazardous wastes shall only be disposed of either at specific locations designated by the Chittenden Solid Waste District or by pick up by mobile household hazardous waste collection initiatives designated by Chittenden Solid Waste District.

14-16 Replacement of Damaged Containers

If a toter that is properly placed in a designated area is damaged by the city beyond repair from normal use, the city shall replace the toter.

14-17—14-18 Reserved.

* Material stricken out deleted.
** Material underlined added.

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