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7.10.010 - Definitions#
For purposes of this Chapter, the following terms shall have the following meanings:
"Bi weekly" every other week.
"Curb or curbside" within 3 feet of any curb, sidewalk or other location immediately adjacent to any street, highway or road which is accessible to waste collection vehicles.
"Opt out rules and regulations and procedures" rules, regulations and procedures pursuant to which an owner of a residence or residential unit may elect to opt out of curbside residential recycling collection services.
"Overall residential recycling participation rate" the number of residences or residential units, calculated at the end of each quarter and expressed in a percentage, who participate or are required to participate in curbside residential recycling collection services when compared to the total number of residences or residential units in all municipalities that have elected to participate in the curbside residential recycling collection program.
"Participating residence" any residence or residential unit for which an owner has not opted out of curbside residential recycling collection services in accordance with City's opt out rules and regulations.
"Recyclable materials" those materials listed in Exhibit "B" and by this reference incorporated herein, but specifically excluding glass, plastic bags, used oil, paint, hazardous waste, bulky waste, special waste and stable matter.
"Residence or residential unit" any home or other structure which is hooked to culinary water and power, is intended or used for human habitation, receives weekly collection of residential waste under the Residential Waste Collection Agreement using individual 94 gallon automated containers, and is billed as a residential unit in accordance with said Residential Waste Collection Agreement.
For purposes of this Chapter, a residence or residential unit does not include: (a) units in an apartment complex with more than eight (8) dwelling units, (b) units in condominium or townhome complexes used primarily, when considered as a whole, for rental purposes, (c) dwelling units in residential developments which, because of limited access, receive weekly collection of residential waste using dumpsters instead of individual 94 gallon containers, (d) units in RV Parks used primarily for overnight or other temporary rental of less than 30 consecutive days, and (e) motels and hotels.
"Residential recycling container" a waste receptacle specifically approved by Washington County Special Service District No. 1 for residential recycling, with a capacity of 90-100 gallons, equipped with a tight-fitting, permanently attached lid and wheels for easy movement, and specifically designed for automated pick up.
"Residential Waste Collection Agreement" means the agreement between Washington County Special Service District No. 1 and Allied Waste Services, Inc (now known as Republic Waste Services, Inc.) dated November 25, 2008.
7.10.020 - Establishment of Curbside Residential Recycling Collection Program#
Subject to the terms and conditions stated herein, the Virgin Curbside Residential Recycling Collection Program (hereafter "the curbside recycling program") is hereby established.
7.10.030 - Collection Service#
The Town of Virgin, by and through Dixie-Waste Services, Inc., shall provide or make available bi-weekly collection service to each participating residence or residential unit within Virgin of recyclable materials placed at or near the curb in residential recycling containers which shall be delivered, maintained, repaired and replaced by Washington County Special Service District No 1.
7.10.040 - Terms of Agreement to Control#
All aspects of said curbside recycling collection service shall be governed by and shall be subject to the terms and conditions of "Curbside Residential Recycling Collection Agreement'' between Washington County Special Service District No. 1 and Dixie Waste Services, Inc., a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference.
7.10.050 - Opt Out Rules, Regulations and Procedures#
For the purpose of determining which residences within Virgin are participating residences in the curbside residential recycling collection program, the following regulations and procedures are hereby adopted: A.
An owner of a residence which is occupied or which has received a certificate of occupancy at any time before the expiration of sixty (60) days from the effective date of this Chapter may elect to opt out of curbside residential recycling collection service, provided that said election:
1.
Is in writing,
2.
Identifies by lot number, address or legal description the residence to which the election shall apply,
3.
Is signed by at least one owner of the property upon which the residence is located, and
4.
Is received by the Town before the expiration of sixty (60) days from the effective date of this Chapter.
B.
The election made by an owner of a residence to, opt out of curbside residential recycling collection service pursuant to Subsection A above shall continue in effect until such time that said election is terminated by any of the following events:
1.
An owner of said residence requests in writing that the election to opt out of curbside residential recycling collection service be cancelled or rescinded,
2.
Ownership of said residence is transferred to another person or entity through sale or other transfer, or
3.
A change is made in the designation of the person or entity responsible for payment of utility service.
C.
The following residences or residential units shall be deemed to be a participating residence in the curbside residential recycling program and shall be subject to the provisions of this Chapter:
1.
Any residence described in Subsection A above whose owner, does not elect to opt out of curbside residential recycling collection service,
2.
Any residence whose election to opt out of curbside residential recycling collections service has been terminated in accordance with the Subsection above, and
3.
Any residence which receives a certificate of occupancy, or relocates within Town limits, after the expiration of sixty (60) days from the effective date of this Chapter, shall have sixty (60) days to opt in or out.
D.
Notwithstanding the provisions of Subsections A through C above, the Town Council, after receipt of a written request by an owner and after a hearing on such request, shall have authority to grant a variance to the above provisions based on a showing of undue hardship or other extraordinary circumstances.
7.10.060 - Establishment of Residential Fees#
The owner or occupant of each participating residence or residential unit within the Town of Virgin to or for which curbside recycling collection service is provided or is made available shall be required to pay to Virgin the amount of $3.82 per month until such time that the overall residential recycling participation rate reaches 70%, at which time the residential fee shall be the amount of $2.94 per month.
7.10.070 - Monthly Billing#
Fees for the curbside residential recycling collection service described herein shall be paid on a monthly basis, and shall be included in any monthly billing or statement for other municipal services supplied by Virgin, including water, power, sewer, etc., and shall be subject to all collection procedures for utility services provided by the Town of Virgin.
7.10.080 - Curbside Recycling Program In Addition To Regular Waste Pickup#
The curbside residential recycling collection services provided for herein shall supplement and shall be in addition to the regular residential waste collection services currently being provided by Virgin in accordance with Residential Waste Collection Agreement, and the monthly fee for the recycling collection services described herein shall be in addition to the monthly fee for said regular residential waste collection services.
7.10.090 - Date of Commencement of Program#
The curbside residential recycling collection service and payment of the monthly fee, as described herein, shall commence on January 1, 2016, provided that the initial overall residential recycling participation rate as of November 1, 2015 is 50% or higher.