§ 109.1-2-3. Recycling at Non-Residential Properties.

(a)

Owners of non-residential properties or their designees shall, within 30 days of taking ownership of these properties, provide or cause to be provided a recycling system for their tenants, occupants, employees, and vendors to source-separate cardboard and mixed paper (including but not limited to magazines, newspaper, office paper, and miscellaneous paper products). Any such system must include the following:

(1)

Recyclables must be collected in a container specifically designed for the purpose of containing municipal solid waste and must comply with applicable portions of Article 5 - Collection.

(2)

The size of any collection containers and the frequency with which they are collected must combine to create a recycling system of sufficient capacity that there is no need for tenants to deposit material on the ground or put their recyclables in a refuse container.

(3)

All refuse and recycling containers must be emptied at least once weekly unless a reduced frequency application or an alternative recycling system has been approved in writing by the Director.

(4)

On or before February 1, 2016, any refuse collection container with a capacity of two cubic yards or greater must be accompanied by one or more recycling collection containers with volume equal to or greater than 25% of that of the refuse container.

(5)

All collection containers must be clearly labeled with regards to what materials are accepted for recycling and must meet applicable portions of Article 5 of Chapter 109.1.

(6)

Property owners or their designees must provide each tenant with notification regarding the use and participation in such system upon occupancy and at least once annually thereafter.

(7)

Owners or their designees are responsible for keeping the area around collection containers free from litter.

(b)

Within 30 days of taking ownership, owners or their designees of non-residential properties that meet or exceed the size thresholds defined in the County's Recycling Program Requirements shall also provide, or cause to be provided, a recycling system for their tenants, occupants, employees, and vendors to source-separate the establishment's Principal Recyclable Material (PRM). Non-residential properties which generate cardboard and mixed paper as their PRM need only recycle those materials.

(c)

Construction and demolition contractors shall source-separate and recycle cardboard.

(d)

The provisions of 109.1-2-3 do not impose any liability upon any non-residential property owner for failure of tenants, occupants, employees and/or vendors to comply with the requirements for the separation of recyclable materials, nor upon any collector or transporter of refuse or recyclable materials for failure of its customers to comply with such regulations.

(e)

To ensure compliance with applicable Code provisions, owners of non-residential properties or their designees must maintain for a period of three years and make available to the Department for inspection and copying during normal business hours, upon request, any contracts and invoices for collection of materials to be disposed of or recycled. Contract prices and other such financial information may be deleted from materials provided.

(f)

If a tenant contractually assumes responsibility for refuse and recyclables management, the responsibilities placed on the property owners or their designees in this Article will also apply to the tenant. (13-15-109.1.)