Item 006 - Proposed Amendments to Department Administrative Rules for Single Family Homes — original pdf

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Proposed Department Rule Amendments – Update 1 (4.1 - 4.2) Jason McCombs, Division Manager October 2024 Proposed ARR Rule Amendment Process Aug Aug/Sept Sept Oct Nov Present Proposed Department Rule Amendment to ZWAC Proposed Rule Posted to Speak Up Austin. 30 Day Minimum Staff Review of Comments Present Draft Department Rule Amendment to ZWAC for consideration Council Consideration of Department Rule Amendment Speak Up Austin – Public Comment • Survey closed September 18, 2024 • Received 3 comments – 2 discussed clarifying definition of “multifamily,” 1 expressed concerns about cart removal for vacancies • This update is to single family homes. A future update to “small multifamily” rules will add additional clarity to distinguish between properties ARR services (2-4 units) and those it does not (5+ units) • Updated Rules language to reflect current staff practice of verifying property vacancy when carts are removed by customer request • Typically seen during a renovation of a residence. • Water and power usage is monitored against normal usage rates to verify vacancy. • Only the cart fee is removed. Customer still pays clean community fee and base fee. Next available Council Consideration dates: November 21 and December 12 Austin Resource Recovery Rule Amendment Page Speak Up Austin: www.speakupaustin.org/j4317 Jason McCombs Strategic Initiatives Division Manger jason.mccombs@austintexas.gov CITY OF AUSTIN AGENDA DATE: XX RECOMMENDATION FOR COUNCIL ACTION PAGE: 1 of 2 AGENDA ITEM NO.:XX *** DRAFT *** Gena McKinley, Assistant Director, 512- SUBJECT: Approve amendments to administrative rules to City Code Chapter 15-6 (Solid Waste Services) relating to single family residential collection services. AMOUNT & SOURCE OF FUNDING: n/a FISCAL NOTE: No fiscal impact REQUESTING DEPARTMENT: Austin Resource Recovery FOR MORE INFORMATION CONTACT: 974-2192; Richard McHale, Director, 512-974-1997 PRIOR COUNCIL ACTION: In 2022, City Council amended Austin Resource Recovery’s Solid Waste Services Administrative Rules, related to the use of City services for certain residential units and the Universal Recycling Ordinance, to make the administrative rules consistent with City Code’s requirement that premises with one to four residential dwelling units shall use department collection service. BOARD AND COMMISSION ACTION: On DATE the Zero Waste Advisory Commission (ZWAC) voted X-X -X. PURCHASING LANGUAGE: n/a MBE / WBE: n/a BACKGROUND Austin Resource Recovery’s Administrative Rules assist the Department in the implementation, administration, and enforcement of City of Austin Code, Chapter 15-6, related to operating requirements of the Department. Section 4.1 of ARR’s Administrative Rules includes rules for the residential collection services the Department provides including operational details for trash, recycling, organics, bulk and brush collections. AMENDMENT This amendment is intended to update the rules to reflect current operational practices and procedures. These changes include administrative changes to number and sizes of carts, clarifications of definitions of customer types, updates to types of material accepted for organics collection, updates to frequency of bulk and brush collection, and other administrative updates to *** DRAFT *** CITY OF AUSTIN AGENDA DATE: XX RECOMMENDATION FOR COUNCIL ACTION PAGE: 2 of 2 AGENDA ITEM NO.:XX *** DRAFT *** collection procedures. This amendment also clarifies staff verification of vacancy when customers request temporary cart removal when the property will be vacant for 90 days or more. STAFF RECOMMENDATION Staff recommends adoption of the amendment to Chapter 15-6-4. [Attachment: Draft Rules language] *** DRAFT *** Single Family Residential Collection (4.1 and 4.2) Administrative Rules Comments and Staff Response “I oppose allowing people to have their carts removed and not pay the fee because I think it's likely some people will do this even if they aren't actually going to be gone. This could lead to illegal dumping. If their electric and water are turned off, then removing carts makes sense. Also, why should we subsidize people who leave their properties vacant for so long when we have such a need for housing. This would be a benefit only to wealthier people who can afford a second home somewhere else. That shouldn't be a priority.” The cart-removal service Austin Resource Recovery (ARR) provides for residents who will be away for a period of 90 days or longer is most often utilized by customers performing home renovations where a (non-ARR) roll-off dumpster is on the premises. Illegal dumping has not been reported to be a concern. ARR’s billing team investigates the accounts to ensure that the house is vacant by checking water and electric usage. If this section is removed from the Administrative Rules, there is a chance that a customer will pay for COA services and private hauler service when they are renovating or preparing to make a home ready for a new occupant. In response to this comment, ARR staff have made the following change to the Administrative Rules language: 4.1.4 Customers that will be away from the premise for a period of at least (3) three months (90 days) may request to have their carts removed from the premise by calling the Utility Contact Center (UCC) at 512-494-9400 or emailing customercare@coautilities.com and requesting a cart pickup. Once the carts have been removed and the premises is verified to be vacant, the cart fee will be removed from the billing account. The Base Charge and Clean Community Fee will continue to be billed while the utility services are active. Upon their return, the customer must call the Utility Contact Center (UCC) at 512-454-9400 or email customercare@coautilities.com to request a cart drop-off. The Cart Exchange Fee will be charged to re-deliver the cart. “The use of the term "single-family" throughout this section doesn't make sense. It applies to duplexes, triplexes and fourplexes, right? Either come up with a term that you define as encompassing the all, or spell them all out. I selected oppose on the "Department curbside collection includes the following" question because of the bulk collection. It's past time for on demand bulk collection with maximum diversion of collected materials from the landfill to be implemented city-wide. That should be reflected on this section.” In this update to the Administrative Rules, ARR staff propose adding a definition for “Single Family Residential Property,” being “the use of a site for only one dwelling unit, other than a mobile home.” As defined, “single-family” does not refer to multi-unit residences, such as duplexes, triplexes, or fourplexes. On-demand Bulk collection service is currently being offered in a limited number of districts as a pilot program. While the department plans to ultimately expand on-call Bulk collection citywide (as outlined in ARR’s 2023 Comprehensive Plan), the Administrative Rules should reflect all services currently available. Therefore, the Administrative Rules are amended to apply to all customers, regardless of current access to on-call Bulk collection. “Most people would consider multifamily buildings to also be residential. A different term should be used to describe this subset of residential properties. Maybe it's "serviced residential properties".” A future update to the Administrative Rules will include a revised definition of “Multifamily Property” that will distinguish between multifamily properties that ARR services (duplexes, triplexes, and fourplexes) and those that ARR does not (properties with 5 or more units). City of Austin Austin Resource Recovery Chapter 15-6 Administrative Rules 4.0 GENERAL INFORMATION FOR CITY-PROVIDED SERVICES 4.1 Residential Collection Services 4.1 “Residential Collection Services” is amended to repeal and replace 4.1 to read: 4.1 The City of Austin provides service to residential premises with less than five dwelling units within service boundaries of Austin’s full purpose jurisdiction. These premises must use City collection services and be assessed fees. 4.1.1 All 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 curbside collection services, and pay the approved rates, as provided by the Department, unless exempted in writing by the Director. 4.1.1 The number of dwelling units or customers on a premises shall be determined by the number of electric utility meters billed on that premises by the City of Austin (Austin Energy). 4.1.2 Any customers receiving services from the Department must comply with the applicable sections of these Rules. 4.1.2 Collection carts are the property of the City of Austin and shall remain at the premises assigned by the City. Carts shall be provided in alignment with approved fees. 4.1.2.1 All fees for trash, recycling and composting carts shall be combined as part of one service. Customers are prohibited from separating recycling and composting fees from trash fees. 4.1.2.2 Multiple trash cart sizes shall be provided to customers for selection. Fees shall be assessed based on the size (capacity) of the trash cart. This system is referred to as Pay-As-You-Throw (PAYT). 4.1.2.3 Additional trash carts may be requested by a customer for a fee. If there is a need for a second trash cart, the first trash cart shall be the largest cart size. 4.1.2.4 New customers must request a change to a trash cart size within 60 calendar days after the City established cart service at the premises. At 61 calendar days, or later, a request to modify trash cart sizes will be subject to a fee. 4.1.3 Carts are the property of the City of Austin and should remain at the assigned property at all times. 4.1.4 Four (4) trash cart sizes are available for a fee: 4.1.4.1 24-gallon 4.1.4.2 32- gallon 4.1.4.3 64-gallon 4.1.4.4 96-gallon 4.1.5 Two (2) recycling cart sizes are available and included in monthly fees Revised 06/12/14 Page 1 of 5 City of Austin Austin Resource Recovery Chapter 15-6 Administrative Rules 4.1.5.1 64-gallon 4.1.5.2 96-gallon 4.1.4 Total trash cart volume must be equal to or smaller than total recycling cart volume. If a second trash cart is needed, the first trash cart must be the largest Pay-As-You-Throw size offered. 4.1.5 Regardless of occupancy, premises will be charged the cart fee if a cart is present. Premises that are not occupied or customers that will be away from the premise for a period of at least (3) three months (90 days) may request to have their carts removed from the premise by calling the Utility Contact Center (UCC) at 512-494-9400 or emailing customercare@coautilities.com and requesting a cart pickup. Once the carts have been removed and the premises is verified to be vacant, the cart fee will be removed from the billing account. The Base Charge and Clean Community Fee will continue to be billed while the electric or water utility services are active. Upon their return, the customer must call the Utility Contact Center (UCC) at 512-454-9400 or email customercare@coautilities.com to request a cart drop-off. The Cart Exchange Fee will be charged to re-deliver the cart. 4.1.6 Austin Resource Recovery will waive the base fee as well as the cart fee associated with a vacated residence due to active military deployment, once valid documentation has been provided indicating date range of deployment in accordance with Austin City Council Resolution No. 20180920-055. 4.1.7 New customers have 60 days to exchange their cart size without incurring the Cart Exchange fee. After 60 days customers wanting to exchange their cart to a larger size will be charged the Cart Exchange Fee. 4.1.7 Pay-As-You-Throw (PAYT) curbside collection includes the following services in contracted areas: 4.1.7.1 Trash Collection - Curbside collection of trash is provided one time per week. ARR customers are provided with a trash cart. All materials placed in the trash cart are sent to the landfill for disposal. All materials must fit inside the cart to avoid additional fees. See "Extra Trash". 4.1.7.2 Recyclables Collection - Curbside collection of recyclables is typically provided every two weeks (26 times per year). ARR customers are provided with a recycling cart. All materials placed in the recycling cart must comply with the Department's recycling program standards and will be sent to a material recovery facility for recycling. See "Materials Accepted for Recycling". 4.1.7.3 Organics Collection - Curbside collection of organics such as yard trimmings, leaves, and small branches or limbs are provided one time per week. These materials are collected and composted. ARR customers are asked to place their organics in special lawn and leaf kraft paper bags or reusable containers which can be purchased at local discount, grocery, and hardware stores. See "Organics Collection Guidelines". 4.1.7.4 Bulk Collection - Curbside collection of bulk items is provided one to two times per year in order to provide ARR customers and annexed areas a way to dispose of items too large for trash and recycling collection. The Department will provide advanced notice of scheduled bulk collection to residents. Revised 06/12/14 Page 2 of 5 City of Austin Austin Resource Recovery Chapter 15-6 Administrative Rules 4.1.7.5 Brush Collection - The brush collection program provides ARR customers with curbside collection of large tree limbs, large brush, and trees. Service is provided once or twice per year. The Department will provide advanced notice of scheduled brush collection to residents. 4.1.8 Waivers for residential services may be allowed by the Director if the Director determines in writing that one or more of the following situations occurs: 4.1.8.1 The volume of materials set out on a regular basis for curbside collection is too large in terms of quantity, size, or weight, as determined by the Director. If necessary, the Department may require that the customer arrange for alternative services. 4.1.8.2 The materials are determined by the Director to be a threat to public health. 4.1.8.3 The location of the property is difficult or dangerous for City staff to provide regular service (i.e. properties that are only accessible via private roads, locked gates, narrow alleys, or are an excessive distance from public road). 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. 4.1.10 The Department will charge all applicable rates to customers who have City landfill trash carts as long as utility services are active. Cart fees are approved annually by City Council and vary depending on the size of and number of carts. ARR does not prorate any fee or charge. 4.1.11 Properties serviced by dumpster collection services contracted through the City of Austin will not be charged during the first 10 days of service. After the 10th day, monthly dumpster rates will be billed regardless of occupancy. 4.1.12 Regardless of occupancy, premises will be charged the cart fee if a cart is present. Premises that are not occupied may have their carts removed by calling the Utility Contact Center (UCC) at 512-454-9400 or dialing 3-1-1 to request a cart pickup. Once the carts have been removed, the cart fee will be removed from the billing account. The Base Charge and Clean Community Fee will continue to be billed while the electric or water utility services are active. 4.1.13 Customers that will be away from the premise for a period of at least three (3) months (90 days) may request to have their carts removed from the premise by calling the Utility Contact Center (UCC) at 512-454-9400 or by dialing 3-1-1 and requesting a cart pickup. Once the carts have been removed, the cart fee will be removed from the billing account. The Base Charge and Clean Community Fee will continue to be billed while the utility services are active. Upon their return, the customer must call the Utility Contact Center (UCC) at 512-454-9400 or dial 3-1-1 to request a cart drop-off. The Cart Exchange Fee will be charged to re- deliver the cart. 4.1.14 New customers have 60 days to exchange their cart size without incurring the Cart Exchange fee. After 60 days customers wanting to exchange their cart to a larger size will be charged the Cart Exchange Fee. 4.2 Single-Family Residential Collection Services [new section] Revised 06/12/14 Page 3 of 5 City of Austin Austin Resource Recovery Chapter 15-6 Administrative Rules 4.2.1 4.2.2 Single-family premises shall not obtain curbside or alleyway dumpsters, carts, or collection services for landfill trash, composting, or recycling from a private service provider, unless granted a waiver to obtain private collection services. Single-family premises may voluntarily obtain supplemental services for doorstep collection of food donation, composting, or recycling. Doorstep collection means collection containers and services shall not be placed in the public right-of-way for collection. Typically, containers would be placed on a private porch, yard, or driveway for collection. Containers shall not be placed at the street curb, sidewalk, or alleyway. 4.2.2.1 These services are intended to supplement City provided services and shall not replace City services or fees. 4.2.3 Department curbside collection includes the following: 4.2.3.1 Curbside Trash Collection - Curbside and alleyway collection of trash is provided one time per week. Customers are provided with one trash cart. Additional trash carts requested by a customer will result in additional customer fees. 4.2.3.2 Curbside Recycling Collection - Curbside and alleyway collection of recyclables is provided every two weeks (26 times per year). Customers are provided with aone recycling cart. One additional recycling cart may be requested for a maximum of two recycling carts per trash cart with no fee impact. 4.2.3.3 Curbside Composting Collection – Food scraps, yard trimmings, food- soiled paper, and natural fiber collection is provided one time per week. Customers are provided with one composting cart. 4.2.3.4 Bulk Collection – Curbside collection of bulk items is provided to the premises a minimum of two times per calendar year or at a frequency determined by ARR’s Director. ARR will provide advanced notice of scheduled bulk collection to residents. 4.2.3.5 Brush Collection – The brush collection program provides ARR customers with curbside collection of large tree limbs, large brush, and trees. Service is provided to the premises a minimum of two times per calendar year or at a frequency determined by ARR’s Director. ARR will provide advanced notice of scheduled brush collection to residents. 4.2.4 When initiating service at a new location, a waiver for single-family residential services may be granted to allow a property to contract for private collection service only if ARR’s Director determines in writing that one of the following situations occurs: 4.2.4.1 The volume of materials set out on a regular basis for curbside collection is too large in terms of quantity, size, or weight, as determined by the Director. If necessary, the Department may require that the customer arrange for alternative services. 4.2.4.2 The materials are determined by the Director to be a threat to public health. 4.2.4.3 The location of the property is difficult or dangerous for City staff to provide regular service (i.e. properties that are only accessible via Revised 06/12/14 Page 4 of 5 City of Austin Austin Resource Recovery Chapter 15-6 Administrative Rules private roads, locked gates, narrow alleys, or are an excessive distance from public road). [current sections 4.2, 4.3, and 4.4 are renumbered accordingly] 11.0 Definitions [Section 11 Definitions is renumbered accordingly] 11.69 RESIDENTIAL PROPERTYIES are is defined as a single-family homes or residential propertyies with three less than five dwelling units. 11.75 SINGLE-FAMILY RESIDENTIAL PROPERTY is the use of a site for only one dwelling unit, other than a mobile home. Revised 06/12/14 Page 5 of 5