ARR Amendment to Chapter 15-6 RCA — original pdf

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Amendment to Chapter 15-6 Solid Waste Service Administrative Rules Section 4 ZWAC: 4/13/2022 Council: May 2022 OVERVIEW 1. Requested Contract Term, Authorization, and Current Budget The proposed amendment has no effect on any contract terms, authorizations, or budget 2. Solicitation Information The proposed amendment has no effect on solicitations. 3. Previous/Current Contract Information The proposed amendment has no effect on any contract 4. Notes/Other Administrative rules are created and adopted by the City Manager and their appointed executives to administer the policies established by the City Council. Austin Resource Recovery is the only department within the City which operates under a unique code [15- 6-3] requiring administrative rules to be approved, modified, or disapproved by City Council. The intent of this amendment is to correct inconsistent language related to department services and residential dwelling units within the administrative rules. These types of administrative edits are needed to ensure that City staff can implement City policy. REVIEWED AND APPROVED FOR ZWAC Name Date Compiled By: Reviewed By: End-user/Contract Manager:  SUBJECT Amendment to Chapter 15-6 Solid Waste Service Administrative Rules section 4 BACKGROUND The City of Austin Code of Ordinances [15-6-11 (C)] states: A person in control of a premises with less than five residential dwelling units shall use department collection services. The supporting department administrative rules for this section of code state: 4.1.1 All single-family home, duplexes, and triplexes (including residential properties with three or fewer dwelling units) within the Department's service boundaries as approved through city council (including but not limited to portions of the extra-territorial jurisdiction (ETJ), annexed areas, and Austin full purpose city limits) must use the City's Pay-As-You-Throw (PAYT) curbside collection services, and pay the approved rates, as provided by the Department, unless exempted in writing by the Director. 4.1.9 Residential properties with three or fewer dwelling units, not receiving City-provided services due to a waiver, shall provide the City with an annual Recycling Plan otherwise comply with the Universal Recycling Ordinance (URO) as determined by the Director. Administrative rules are created and adopted by the City Manager and their appointed executives to administer the policies established by the City Council. Austin Resource Recovery is the only department within the City which operates under a unique code [15-6-3] requiring administrative rules to be approved, modified, or disapproved by City Council. The intent of this amendment is to correct inconsistent language related to department services and residential dwelling units within the administrative rules. These types of administrative edits are needed to ensure that City staff can implement City policy. ADMINISTRATIVE RULE AMENDMENT 4.1.1 All single-family home, duplexes, and triplexes (including residential properties with three or fewer dwelling units) residential properties with less than five dwelling units within the Department's service boundaries as approved through city council (including but not limited to portions of the extra- territorial jurisdiction (ETJ), annexed areas, and Austin full purpose city limits) must use department the City's Pay-As-You-Throw (PAYT) curbside collection services, and pay the approved rates, as provided by the Department, unless exempted in writing by the Director. 4.1.9 Residential properties with three or fewer with less than five dwelling units, not receiving City- provided services due to a waiver, shall provide the City with an annual Recycling Plan otherwise and comply with the Universal Recycling Ordinance, Chapter 15-6, Article 5 (URO) as determined by the Director. ACTION REQUESTED BY STAFF OF THE ZERO WASTE ADVISORY COMMISSION Austin Resource Recovery is requesting consideration of support for amendments to section 4.1.1 and 4.1.9 of the department administrative rules identified above to be brought forward to Austin City Council. City of Austin Code of Ordinances and Austin Resource Recovery Administrative Rules: https://library.municode.com/tx/austin AGENDA ITEM NO.:XX Gena McKinley, Division Manager, 512- CITY OF AUSTIN AGENDA DATE: XX RECOMMENDATION FOR COUNCIL ACTION PAGE: 1 of 2 SUBJECT: Approval of amendments to Austin Resource Recovery Solid Waste Services Administrative Rules section 4. AMOUNT & SOURCE OF FUNDING: n/a FISCAL NOTE: No fiscal impact REQUESTING DEPARTMENT: Austin Resource Recovery FOR MORE INFORMATION CONTACT: 974-2192; Richard McHale, Assistant Director, 512-974-1997; Ken Snipes, Director, 512-974- 1926. PRIOR COUNCIL ACTION: On December 11, 2014, Council approved an ordinance to amend Chapter 15-6 related to Solid Waste services, including collection services (Ordinance No. 20141211-202). BOARD AND COMMISSION ACTION: On DATE the Zero Waste Advisory Commission (ZWAC) voted X-X -X to support adoption of the amendment to Austin Resource Recovery Solid Waste Service Administrative Rules section 4.1.1. PURCHASING LANGUAGE: n/a MBE / WBE: n/a Approval of amendments to Austin Resource Recovery Solid Waste Services Administrative Rules section 4.1.1 and 4.1.9. The intent of this amendment is to correct inconsistent language related department services and residential dwelling units within the administrative rules. These types of administrative edits are needed to ensure that City staff can implement City policy. Administrative rules are created and adopted by the City Manager and their appointed executives to administer the policies established by the City Council. Austin Resource Recovery is the only department within the City which operates under unique code [15-6-3] requiring administrative rules to be approved, modified, or disapproved by City Council. CITY OF AUSTIN AGENDA DATE: XX RECOMMENDATION FOR COUNCIL ACTION PAGE: 2 of 2 BACKGROUND The City of Austin Code of Ordinances [15-6-11 (C)] states: AGENDA ITEM NO.:XX A person in control of a premises with less than five residential dwelling units shall use department collection services. The supporting department administrative rules for this section of code states: 4.1.1 All single-family home, duplexes, and triplexes (including residential properties with three or fewer dwelling units) within the Department's service boundaries as approved through city council (including but not limited to portions of the extra-territorial jurisdiction (ETJ), annexed areas, and Austin full purpose city limits) must use the City's Pay-As-You-Throw (PAYT) curbside collection services, and pay the approved rates, as provided by the Department, unless exempted in writing by the Director. 4.1.9 Residential properties with three or fewer dwelling units, not receiving City-provided services due to a waiver, shall provide the City with an annual Recycling Plan otherwise comply with the Universal Recycling Ordinance (URO) as determined by the Director. AMENDMENT 4.1.1 All single-family home, duplexes, and triplexes (including residential properties with three or fewer dwelling units) residential properties with less than five dwelling units within the Department's service boundaries as approved through city council (including but not limited to portions of the extra-territorial jurisdiction (ETJ), annexed areas, and Austin full purpose city limits) must use department the City's Pay-As-You-Throw (PAYT) curbside collection services, and pay the approved rates, as provided by the Department, unless exempted in writing by the Director. 4.1.9 Residential properties with three or fewer with less than five dwelling units, not receiving City-provided services due to a waiver, shall provide the City with an annual Recycling Plan otherwise and comply with the Universal Recycling Ordinance, Chapter 15-6, Article 5 (URO) as determined by the Director. STAFF RECOMMENDATION Staff recommends adoption of the amendment to Austin Resource Recovery Solid Waste Service Administrative Rules section 4.1.1 and 4.1.9.