HomeMy WebLinkAboutOrdinances - 1994-21 - Adopting a minimum level of service for the collection of designated recyclables through a source separation recycling program and the establishment of urban and rural boundaries - 12/19/1994EAST WENATCHEE CITY COUNCIL
Ordinance Number:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE
ADOPTING A MINIMUM LEVEL OF SERVICE FOR THE COLLECTION OF
DESIGNATED RECYCLABLES THROUGH A SOURCE SEPARATION RECYCLING
PROGRAM AND THE ESTABLISHMENT OF URBAN AND RURAL BOUNDARIES.
WHEREAS,the City Council of the City of East Wenatchee adopted
the Douglas County Solid Waste Management Plan by Resolution 94-6
on May 16th,1994,and the adopted Solid Waste Management Plan
established source separation of solid waste as a fundamental
strategy of solid waste management,and
WHEREAS,the City of East Wenatchee is primarily responsible for
the development and implementation of an effective source
separation collection program for the Urban Growth Management Area
as outlined in the adopted Solid Waste Management Plan,and
WHEREAS,the City of East Wenatchee has notified the Washington
utilities and Transportation Commission of its desire to have the
Washington utilities and Transportation Commission assume the
authority over the collection of source separated recyclables in
the Urban Growth Area of East Wenatchee by Resolution 94-10
on August 15th,1994,and
WHEREAS,the certificated solid waste haulers are required by
RCW 81.77.030 to comply with local solid waste management plans and
related ordinances and to use rate structures and billing systems
consistent with the solid waste management priorities set forth in
RCW 70.95.010,
NOW,THEREFORE BE IT ORDAINED,that the City Council of East
Wenatchee hereby establishes the minimum levels of service,as
indicated in Exhibit 'A',attached hereto and by reference
incorporated herein for the collection of source separated
recyclable materials from residences in the Urban Growth Area of
East Wenatchee,as indicated in Exhibit 'B',attached hereto and by
reference incorporated herein;and if any section of this Ordinance
or its application to any person or circumstance is held invalid,
the remainder of the Ordinance or the application of the section to
other persons or circumstances is not affected.
Adopted this f"'J -A.day of .~,199 ,in regular session
at the East Wenatchee City Hall,East Wenatchee,Washington.
ATTEST:
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VIRGINIA E.OESTREICH
CITY CLERK/TREASURER
EXHIBIT A TO ORDINANCE NUMBER
MINIMUM LEVELS OF SERVICE
CATEGORIES OF MINIMUM LEVELS OF SERVICE:
The following service levels are grouped into four (4)categories:
General levels which apply to all solid waste collection programs
in urban and rural areas;Urban Growth area services;Urbanized
area services and Rural area services.Specific service levels are
defined within each of the four categories and the entity
responsible for the provision of service is identified.
GENERAL SERVICE LEVELS:
1.Info~ation and Education Programs;The Douglas County Solid
.Waste Program Office,herein referred to as the County shall
coordinate a countywide public information program.This
countywide public information program shall be coordinated
with the certificated solid waste haulers,herein referred to
as the Hauler and the source separation recycling collection
providers,herein referred to as the Provider of Douglas
County.The Hauler and Provider shall,with the assistance of
the County,design and produce a mutually agreed upon
countywide public information program.The Haulers'public
information program production costs in the rate base shall be
limited to the costs of printing,postage,.logo stickers,
phone hot lines,and other items mutually agreed upon by the
Hauler and the County which are normally used by the Hauler in
communicating with their customers.
The County shall use a Technical Advisory Committee (TAC)
with representatives from the Hauler and Provider to assist in
the development of the countywide public information program
to ensure that program materials address their issues and the
mechanics of the countywide public information program are
consistent.The countywide public information program
materials should be ready for distribution a minimum of thirty
(30)days prior to the implementation of a source separation
recycling program.Haulers shall coordinate their customer
information programs concerning the collection of source
separated.recyclables with the countywide public information
program.
Nothing in this section of the minimum level service
ordinance is intended to be in conflict with the established
regulations,rules,guidelines and orders of the Washington
utilities and Transportation Commission.In the event of
conflict between this minimum service level ordinance and
Chapter 81.77 RCW,the terms,conditions and requirements of
Chapter 81.77 RCW shall govern.
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2.Data Collection and Evaluation Program;The County shall
implement a data collection and evaluation program to track,
monitor and report the effectiveness of the source separation
recycling program.Each Hauler and Provider within Douglas
County shall prepare quarterly reports on the classification,
tonnage and types·of materials they are handling through their
curbside and drop-off site collection programs and any
additional recycling information requested by the County.
Community Recycling Centers (CRC)0 P e :r ate d by the
jurisdictions of Mansfield and Waterville shall prepare
quarterly reports on the classification,tonnage and types of
materials they are handling through their drop-off
collection programs and any additional recycling information
requested by the County.The data collection and evaluation
program shall be designed to be confidential to protect
individual businesses from release of proprietary information.
Quarterly reports shall tabulate tonnage of all materials
collected,using a mutually agreed upon formula,and shall be
used in the preparation of the annual countywide recycling
report.The Hauler,Provider and the jurisdictions of
Mansfield and Waterville shall participate in this .data
collection and evaluation program and provide the information
requested by the County.
3.Annual Program Review;The County shall meet with the
Technical Advisory Committee (TAC )annually to review the
effectiveness of the source separation recycling program.
Specifically,this annual review shall focus on the
following elements;
a)Effectiveness of the countywide public
program.Suggestions for improving the
public information program.
information
countywide
b)Effectiveness of the data collection and evaluation
program.Suggestions for improving the data collection
and evaluation program.
c)Effectiveness of the source separation recycling
program.Suggestions for improving the source separation
recycling program.
d)Re-evaluation and adjustment of the anticipated recycling
collection participation rates percentage.
e)Re-evaluation of the designated list of source separated
recyclables.This re-evaluation shall be based upon the
following specific circumstances;
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Adding recyclables
1).Local markets and brokers expand their list of
accepted items based on an increase in demand.
2)Non-local markets and brokers create an increase in
demand for the items.
Deleting a designated recyclable
1)Once collected,no market can be found for the given
item,causing the material to be stockpiled.
2)The market value of the item drops to less than the
cost to collect and transport the item for a period
of six months.
f)Compliance with Chapter 81.77 RCW.
g)Compliance with the adopted Douglas County Solid Waste
Management Plan.·
4.Allowable Implementation Costs;Those Hauler which fall
under the authority of the Washington utilities and
Transportation Commission (WUTC)may file a rate structure
which provides for reasonable and necessary expenses for their
source separation recycling program as defined in these
minimum levels of service.
Nothing in this section of the minimum level service
ordinance is intended to be in conflict with the established
regulations,rules,guidelines and orders of the Washington
utilities and Transportation Commission.In the event of
conflict between this minimum service level ordinance and
Chapter 81.77 RCW,the terms,conditions and requirements of
Chapter 81.77 RCW shall govern.
The collection rates shall include:
a)The Hauler's administration costs to monitor,to the best
of the Hauler's ability,which designated recyclables are
being collected,what volumes are being collected,the
type of customers (residential versus commercial)using
the service and the final market of the designated
recyclables collected.
b)The Hauler's costs for setting up an information and data
collection system to be able to provide the data required
by the County.
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c)The Hauler's administration,production and mailing costs
for implementing the mutually agreed upon coordinated
countywide public information program.
d).The assumption of a voluntary curbside recycling
collection participation rate of 10%(plus or minus 5%)
within the Urban Growth Area (UGA)and a voluntary
recycling collection participation rate of 3%(plu~or
minus 2%)within the Rural Area.
e)
f)
g)
h)
i)
The provision of providing recycling collection service
to the customer requesting service .from the Hauler,
whether the customer utilizes refuse collection service
or not.
For urban customers,the cost of purchasing the recycling
collection containers by the Hauler,including the cost
of delivering the recycling collection containers and
arranging with their urban customers for curbside
recycling collection service.The rates shall include
the cost of stickers to be placed on the recycling
collection containers to identify the Hauler providing
the service,the recyclable commodities to be collected,
and the method of preparation for the designated
recyclables to be collected.
For rural customers,including the residential customers
of·the .City of Rock Island~the cost of purchasing the
recycling collection containers by the Hauler,
including the cost of delivering the recycling collection
containers .and arranging with their rural customers,
including the residential customers of the City of Rock
Island,for recyclable collection service.
A separate replacement delivery service fee equal to or
less than the replacement cost of the recycling
collection containers.This replacement delivery service
fee shall not apply to the first-time delivery of the
recycling collection containers.
The Hauler is required to procure the equipment
necessary to implement their source separation recycling
program as soon as practically possible and to begin
implementation of their source separation recycling
program no later than October 1st,1995.
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j)The jurisdictions of Mansfield and waterville are
required to procure the equipment necessary to implement
their source separation recycling program as soon as
practically possible and to begin the operation of their
Community Recycling Centers (CRC)no later than October
1st,1995.An Interlocal Agreement will be negotiated
between the jurisdictions of Mansfield and waterville and
the County regarding the minimum operating conditions and
terms for the CRC's.
5.Curbside Recycling Reduced Rate;If the Washington utilities
and Transportation Commission authorizes a surcharge or
reduced rate incentive based on a customer's participation in
a curbside residential recycling program;customer
participation in any other noncurbside recycling program
approved by the jurisdiction shall be eligible for such
incentives.
6.Marketing Of Recyclable Materials Collected;The Hauler and
Provider shall,where at all possible,develop agreements
with local businesses which can utilize the designated
recyclables collected at-a fair and market-driven price.The
agreements shall include a ten percent (10%)local preference
allowance for local businesses who can utilize the
designated recyclables collected.The Hauler and Provider are
discouraged from entering into long-term supply contracts for
designated recyclables with out-of-area businesses,if local
businesses are available and willing to market and utilize the
designated recyclables collected.The Hauler and Provider are
not prohibited from entering into out-of-area agreements for
designated recyclables collected that can not be locally
utilized or are not fairly priced or market-driven locally.
Nothing in this section of the minimum level service
ordinance is intended to be in conflict with the established
regulations,rules,guidelines and orders of the Washington
utilities and Transportation Commission.In the event of
conflict between this minimum service level ordinance and
Chapter 81.77 RCW,the terms,conditions and requirements of
Chapter 81.77 RCW shall govern.
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URBAN GROWTH AREA SERVICE LEVELS:
1.Urban Growth Area Residential Source Separation;Residents
within the designated Urban Growth Area (UGA)shall be
provided the opportunity for source separated curbside
collection of designated recyclables as set forth in the
adopted Douglas County Solid Waste Management Plan.·As
stipulated in the adopted Douglas County Solid Waste
Management Plan,the.following criteria shall be used to
evaluate the designated recyclable list:
a)potential for waste stream diversion
b)collection.efficiency
c)processing requirements
d)current market conditions
As part of the annual program review process,are-evaluation
of the designated recyclables list shall be conducted in
January of each year.Refer to Section 3 of the General
Service Levels category.The County shall be responsible for
publishing the designated recyclables list each February.The
designated recyclables list shall be implemented by the
Hauler and Provider by the 1st of April of that year.
2.Urban Growth Area Recycling Collection Containers;The
Hauler shall provide to their single-family residential
customers located within the designated Urban Growth Area
(UGA)recycling collection containers made of recycled
plastic.The style and color of the recycling collection
containers shall be standardized throughout the
Hauler's franchised area.There shall be sufficient space on
the recycling collection container for a minimum of:the
Hauler's logo,the identification of the designated
recyclables to be collected,and the method of preparation of
the designated recyclables to be accepted.
3.Urban Growth Area Service;The Hauler shall offer their
single-family customer households in the designated Urban
Growth Area (UGA)monthly curbside pick-up of the
designated recyclables.The Hauler shall provide recycling
collection containers to each customer who chooses to take the
monthly curbside recycling pick-up service.In order to
prevent contamination of the designated recyclables collected,
Hauler drivers are directed to separate the designated
recyclables from the customers containers into appropriate
bins on the collection trucks..
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URBANIZED AREA SERVICE LEVELS:
1.Urbanized Area Source-Separation;Residents within the
jurisdictions of Mansfield and waterville shall be
provided the opportunity for drop-off collection of designated
recyclables at their Community Recycling Centers (CRC).The
designation of which recyclable commodities are to be .
collected will be up to the individual jurisdiction operating
the CRC.
2..Urbanized Area Recycling Collection Containers;Residents
within the jurisdictions of Mansfield and Waterville will not
be provided recycling collection containers by their
contracted Hauler.-
3.Urbanized Area Service;Residents within the jurisdictions of
Mansfield and waterville are to be provided a convenient and
reliable means of collection of source separated recyclables.
Each of these jurisdi.ctions will maintain and operate a
Community Recycling Center (CRC),which will be open to the
public a minimum of four (4)hours per week.
4.Community Recycling Centers (CRC);The jurisdictions of
Mansfield and waterville shall each operate and maintain a
Community Recycling Center to provide convenient access to
their residents.The jurisdictions of Mansfield and
waterville shall not prohibit the rural residents of Douglas
County from utilizing the CRC's.The CRC's shall consist of
a fenced facility,which can be secured during non-operating
hours,a combination collection and storage building with
office,a number of large containers providing for the
separate collection of each designated recyclable,a baler for
processing the designated recyclables collected,and signage
clearly stating when the facility will be open,what
designated recyclables will be accepted,and the manner in
which the designated recyclables will be accepted.The CRC's
shall be operated a minimum of four (4)hours per week.The
CRC's shall be located on public property with off-the-road
access and must meet all local zoning requirements..The
countywide public information program shall encourage
jurisdictional residents and rural self-haulers to utilize the
CRC's.
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RURAL AREA SERVICE LEVELS:
1.Rural Area Source-Separation;Residents within the Rural
Areas of Douglas County,and the residents of the jurisdiction
of the City of Rock Island,shall be provided the opportunity
of an integrated collection of designated recyclables,through
direct contract with their Hauler.As stipulated in the
adopted Douglas County Solid Waste Management Plan,the
following criteria shall be used to evaluated the designated
recyclables list:
a)potential for waste stream diversion
b)collection efficiency
c)processing requirements
d)current market conditions
As part of the annual program review process,are-evaluation
of the designated recyclables list shall be conducted in
January of each year.Refer to Section 3 of the General
Service Levels category.The County shall be responsible for
publishing the designated recyclables list each February.The
designated recyclables list shall be implemented by the
Hauler by the 1st of April of that year.
2.Rural Area Recycling Collection Containers;The Hauler shall
provide to their rural single-family residential customers,
including their single-family residential customers within the
City of Rock Island,recycling collection containers.
These recycling collection containers shall be filled with the
designated recyclables and set out with the normal mixed waste
for pick-up.For those rural single-family residential
customers,including their single-family residential customers
within the City of Rock Island who have chosen to only
subscribe to recycling collection service,their recycling
collection containers shall be filled with the designated
recyclables and set out for pick-up.The style and color of
the recycling collection containers shall be standardized
throughout the Hauler's franchised area.
3.Rural Area Service;The Hauler shall offer their rural
single-family customer households,including their single-
family residential customers within the City of Rock Island,
weekly pick-up of recyclables.The Hauler shall provide to
each of their rural area recycling customers,including their
customers in the City of Rock Island,recycling collection
containers.In order to prevent contamination of the
designated recyclables collected,the Hauler is directed to
separate the designated recyclables prior to final disposal.
EXHIBIT B TO ORDINANCE NUMBER
ESTABLISHMENT OF URBAN/kURAL BOUNDARIES
Douglas County and the cities and towns within Douglas County under
RCW 36.70A,Growth Management -Planning by selected Counties and
Cities,are responsible for developing regional and urban
comprehensive land use plans for the incorporated and
unincorporated areas of Douglas County.These comprehensivel~nd
use plans will be followed by development regulations that will
provide the implementation of the plans.·As part of these
comprehensive land use plans,Douglas County must designate urban
and rural boundaries using clear criteria.Douglas County must
designate these areas in a manner consistent with other existing
land use and utility service plans and in coordination with the
cities and towns.The criteria used to establish these boundaries
include existing population,population growth,population
densities,land use densities,existing utilities'previously
adopted County urban/rural boundaries,other adopted city and town
plans,previously·planned residential developments,and the
geographic limitations within Douglas County.Douglas County has
worked closely·with the incorporated cities and towns within
Douglas County to establish the urban and rural boundaries as
illustrated on Map A.
An urban growth area boundary is established through the
designation of a boundary which separates existing and future urban.
areas from rural and resource areas.More specifically,an urban
growth area defines where urban developments will be.supported with
urban services and facilities,such as domestic water and sanitary
sewer systems.Urban growth areas are intended to control the
fiscal and environmental implications of unplanned,sprawled
growth.Once the growth areas are designated,the·county,cities
and towns need to ensure that sufficient land,.services and.
facilities are available to accommodate the projected growth.
Douglas County in conjunction with the City of East Wenatchee has
designated an Interim Urban Growth Area (IUGA)for the Greater East
.Wenatchee Area.This IUGA for the East ·Wenatchee Planning Area was
established in 1994 by the Douglas County Board of Commissioners
working through the Regional Council.The IUGA for the Greater
East Wenatchee Urban Area is illustrated on Map B.
This IUGA is the geographic area described in the adopted Douglas
County Comprehensive Land Use Plan.As this Douglas County
Comprehensive Land Use Plan may be amended and modified annually,
for the purpose of this Ordinance,the urban growth areas are those
identified within the most currently adopted Douglas County
Comprehensive Land Use Plan shall be used as the urban and rural
boundaries for this Ordinance.
As outlined in RCW 36.70A.110,Urban Growth Areas,it is
appropriate that urban government services be provided by cities,
and urban government services should not be provided in rural
areas.Therefore,the primary responsibility for providing·
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curbside recycling collection service within the Urban Growth Area
(UGA)rests with the City of East Wenatchee.In the UGA of the
Greater East Wenatchee Urban Area,which includes portions of
Douglas County adjacent to the City of East Wenatchee and the
entire City boundaries,an Interlocal Agreement will be negotiated
regarding land use management and the provision of services.This
is required to provide consist~ncy in land use controls within
these areas so that growth can occur in a manner consistent with
the City of East Wenatchee's Comprehensive Land Use Plan.
Also shown on Map A are the designated "urbanizing"areas of
Douglas County.These urbanizing areas are where residential
growth is occurring and will continue to occur but is insufficient
to be included into an Urban Growth Area (UGA).Recycling
collection services in these areas will be provided by a system of
Community Recycling Centers (CRC),with the exception of the City
of Rock Island which has chosen to authorize the Washington
Utilities and Transportation Commission (WUTC)to assume its source
separation recycling authority.Areas designated "urbanizing"are
anticipated to develop at a higher rate and density than rural
areas.
MapC illustrates those jurisdictions where Community Recycling
Centers (CRC)are to be located.Douglas County will be requesting
that the jurisdictions of Mansfield and waterville adopt the same
or similar Minimum Service Level Ordinance so that'the same or
similar recycling collection opportunities exist within these
jurisdictions.The Community Recycling Centers (CRC)located in
these jurisdictions are planned to provide "a sufficient recycling
collection opportunity to meet the current need.
Map D illustrates the rural areas of Douglas County where
developmerit is limited and where there·are major barriers to
providing urban services at a reasonable cost.The rural areas
illustrated on Map D are largely serviced by self-haul of their
solid waste.The recycling collection opportunity within the rural
areas of Douglas County,including the jurisdiction of the City of
Rock Island,will be left to each individual citizen.Those
citizens wishing solid waste refuse collection and/or recycling
collection service within the rural areas of Douglas County,
including the jurisdiction of the City of Rock Island which are
serviced by a certified solid waste hauler,will have to directly
contract with their certified solid waste hauler for that service.
Those citizens within the rural areas of Douglas County which are
not serviced by a certified solid waste hauler,will have to
provide their own service ..
Map E illustrates the solid waste collection areas assigned to each
of the certified solid waste haulers within Douglas County.Each
of these certified solid waste haulers are franchised by the
Washington utilities and Transportation Commission to collect solid
waste and recyclables within Douglas County.
EXHIBIT C TO ORDINANCE NUMBER
Unless the context clearly requires otherwise,the definitions in
this Exhibit shall apply throughout this Ordinance.
"Certified Solid Waste Hauler"means any solid waste collection
company which has obtained from the Washington Transportation and
utilities Commission a certificate authorizing their operation
within the State of Washington.
"Community Recycling Centers"means a recycling facility operated
and mai~tained by a jurisdiction to which individuals bring
recyclable materials.
"Comprehensive Land Use Plan"means a generalized coordinated land
use policy statement of the governing body of a county,city or
town that is adopted pursuant to RCW 36.70A.
"Designated List of Source Separated Recyclables"means the list of
designated recyclable materials produced annually by the Douglas.
County Solid Waste Program Office.
"Designated Recyclables"means those solid wastes that are
separated for recycling or reuse,that are identified as recyclable
by a local provider and have a market value that makes their
collection economically viable.
"Douglas County Solid Waste Management Plan"means the adopted
countywide solid waste management plan required by RCW 70.95.
"Drop-Off Collection Program"means a source-separated recycling
program where individuals deposit recyclable materials for
collection.
"Integrated Collection"means the practice of collecting both
recyclable materials and municipal solid waste together.
"Interim Urban Growth Area"means the Urban Growth Area
established by Douglas County in coordination with the incorporated
cities and towns within Douglas County as an interim boundary until
the established procedure as outiined in RCW 36.70A.140 are
completed.
"Local Markets"means recycling markets for recyclable materials
that are available locally.
"Non-Local Markets"means recycling markets for recyclable
materials that are not available locally.
"Recycling Collection Containers"means the container provided by
the certified solid waste hauler to its customers to facilitate the
collection of the recyclable materials.
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"Reduced Rate"means a residential solid waste collection rate
incorporating a rebate,refund or discount.
"Refuse Collection Service"means the collection of municipal solid
waste by a certified solid waste hauler for compensation.
"Rural Area"means those areas within Douglas County which have
been designated by Douglas County,in accordance with RCW 36.70A,
as having rural characteristics.
"Self-Haulers"means a person who,in his own vehicle,transports
his own solid waste for disposal even if some other established
collection alternative exists.
"Source Separated Recyclablesl'means the separation of different
kinds of solid waste at the place where the waste originates;
separating recyclable materials from wastes at the point of waste
generation.
"Source Separation Recycling Collection Providers"means local
businesses which provide recycling and/or reuse opportunities for
the collected recyclable materials.
"Source Separation Recycling Program"means a program established
to collect and recycle source separation recyclable materials.
"Stockpiled"means the collection of recyclable materials for over
six months without a market or means to recycle the materials
collected.
"Technical Advisory Committee"means the Douglas County Technical
Advisory Committee.A subcommittee of the Douglas County Solid
Waste Advisory Committee.
"Urban Area"means those areas within Douglas County which have
been designated by Douglas County,in accordance with RCW 36.70A,
as having urban characteristics and where urban services and
facilities are available.
"Urban Growth Area"means the designated urban area established by
Douglas County in coordination with the incorporated cities and
towns within Douglas County and in accordance with RCW 36.70A where
urban development will be supported with urban services and
facilities.
"Urbanized Area"means those areas within Douglas County which
have been designated by Douglas County,in accordance with RCW
36.70A,as having urban characteristics but are not included in an
Urban Growth Area.
SUMMARY OF ORDINANCE NO.94-21
OF'THE CITY OF EAST WENATCHEE.WASHINGTON
On the 19th day of December.1994.the City Council of the City
of East Wenatchee.Washington.passed Ordinance No.94-21.A
summary of the content of said ordinance.consisting of the
ti tIe •.provides as follows:
ORDINANCE NO.94-21
AN ORDINANCE OF THE CITY OF EAST WENATCHEE.WASHINGTON.
ADOPTING A MINIMUM LEVEL OF SERVICE FOR THE COLLECTION OF
DESIGNATED RECYCLABLES ~HROUGH A SOURCE SEPARATION RECYCLING
PROGRAM AND THE ESTABLISHMENT OF URBAN AND RURAL BOUNDARIES.
The full text of this Ordinance will be mailed upon request.
DATED this 19th day of December.1994.
Publish:12/22/94
Effective:12/27/94