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Subject
Adoption of an ordinance to amend section I-8 of the Rockville City Code entitled "Application of County Law," so as to update the reference to the current edition of the Montgomery County Code; and to allow Chapter 48, entitled "Solid Waste," Article V, entitled "Recycling" of the Montgomery County Code to apply in the City with respect to businesses and certain multi-family residences; and to allow the Montgomery County Code of Regulations, section 48.00.03 entitled "Residential and Community Recycling" to apply in the City, except for section 48.00.03(a) pertaining to single family residential recycling, and certain small, multi-family residences.
Recommendation
Staff recommends that the Mayor and Council discuss and adopt the ordinance.
Change in Law or Policy
This ordinance amends the Rockville City Code by adding a new provision to the General Provisions of the Code. Specifically, a new commercial and multi-family recycling item will be added to section 1-8, "Application of County Law." New section 1-8(b)(22) will confer authority to Montgomery County to implement its existing commercial and multi-family recycling program in Rockville (Attachment A).
Discussion
Background
While Rockville has provided curb-side recycling to its single family dwelling residents for years, the City has not developed or implemented a multi-family or commercial recycling program. On May 12, 2008, the Mayor and Council introduced an ordinance that, if adopted, authorizes Montgomery County to implement its existing commercial and multi-family recycling program in Rockville. The County program requires multi-family dwellings with seven or more units in a building and all commercial entities regardless of size to collect and recycle at least 50 percent of their solid wastes by weight or volume. Larger businesses (those with 100 or more employees) and multi-family dwellings (those with 101 units or more) also will be required to prepare a recycling plan and report annually to the County.
Montgomery County supports this action. Coordination has been made with Montgomery County Recycling Manager Eileen Kao who attended the May 12, 2008 ordinance introduction.
Public Notice Methods
Following ordinance introduction in May, the Environmental Management Division of Public Works pursued public comment through the following methods:
- Posting the proposed ordinance on the City Web site
- Preparing summary factsheet and undertaking a direct mailing to all apartments and condominiums in the City
- Preparing summary factsheet and distributing it to the Rockville Chamber of Commerce and REDI who distributed it to entities of interest
- Emailing a follow-up notice to known contacts representing condominium associations
- Phone briefings for staff at R.E.D.I. and the Rockville Chamber of Commerce Leadership
- Noticing the proposal through several monthly electronic newsletters distributed by the Rockville Chamber of Commerce
- Drafting a press release that was picked up by the Gazette and the Washington Post
- Drafting several articles for the Rockville Reports
- Broadcasting notice of the proposed recycle program on Channel 11
Public Comments Received and Issues Raised
Public comments were solicited through August 29, 2008. City staff has received seven comments (Attachment B). All of the comments support the action though many of the comments sought clarifications or changes to the program.
One commentor requested that the multi-family threshold be reduced from seven units per building to six. The County has expressly asked that the City adopt a program that does not vary from the County program in order to avoid confusion during County implementation. Therefore, at the present time, we recommend that the threshold remain at seven units.
Another commentor wanted to know about the program's application to a home-based business enterprise. Since the recycling program applies to these home-based businesses, such businesses must recycle. It is up to the homeowner whether the business-related recycling is disposed of separately or commingled with the home-generated recycling (as long as the business recyclables are acceptable to the City).
Another commentor wanted to know how the adequate collection containers requirement could be enforced in an apartment complex. Once adopted, Rockville apartment owners will be responsible for recycling at least 50 percent of the solid waste generated at the apartment, including waste and recyclables generated by the residents of that apartment. Montgomery County will provide each apartment owner/manager with technical assistance on how to meet this requirement. The County also will periodically inspect the premises to ensure that recyclables are not being improperly discarded as refuse. As a final compliance assessment check, the refuse hauler also is responsible for identifying and reporting the presence of recyclables in the apartment's refuse stream.
Several commentors wanted to know if the multi-family recycling would be collected in a single stream (i.e., commingled). Apartments and condominiums are free to contract for single stream recycling or any other collection method as long as the recyclable materials are collected and recycled. The City staff encourages apartments and condominiums to use single stream because it has proven to be the easiest method for residents.
Finally, a commentor wanted clarity regarding the obligation to weigh or estimate the volume of solid wastes and recyclables to derive the percentage of recyclables. The commentor was concerned that the apartment or condominium was responsible for weighing the materials on the premises rather than the hauler. The City staff believes the hauler is in the best position to calculate the actual or estimated weight of these materials. The apartment or condominium should track and be able to report the number and size of collection containers, the type of refuse and recyclables typically found in the containers, and the frequency that the containers are collected by the hauler. Therefore, the contract between the apartment or condominium and the hauler should ensure that the hauler provides these calculations and estimates to the apartment or condominium management. In addition, the County also has a form that identifies the types of information to be tracked and exchanged to satisfy the annual reporting requirement.
The Environment Commission has endorsed this proposed ordinance and supports mandatory commercial and multi-family recycling in Rockville.
Mayor and Council History
The Mayor and Council introduced the ordinance at its May 12, 2008 meeting, thereby initiating the formal public comment period.
Fiscal Impact
Since the County will be implementing the program in lieu of the City, this action has little or no fiscal impact on the City's budget.
Next Steps
If adopted, the ordinance is effective immediately; however, Montgomery County enforcement will begin after adequate education and training.
Attachments
Department Head:
Craig Simoneau, P.E.; , Director of Public Works
Approved on: 08/29/2008
City Manager:
Scott Ullery, City Manager
Approved on: 09/04/2008
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