Item 005 - Proposed Department Rule Amendments of Carts for Collection and Return Trip Fees — original pdf

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Proposed Department Rule Amendments for Residential Collections Jason McCombs, Division Manager April 2025 1 What are administrative rules? Administrative Rules assist a Department of the City of Austin in the implementation, administration, and enforcement of City of Austin Code and operating requirements of the Department. Austin Code § 15-6-3(B) requires ARR to present proposed rule changes to the Zero Waste Advisory Commission for consideration and recommendation to City Council. City Council will approve, modify or disapprove of the proposed rule.” Department Administrative Rules are online at: library.municode.com/TX/Austin 2 Austin Resource Recovery Rule Amendment Process January February March April May or June Present Proposed Department Rule Amendment to ZWAC Proposed Rule Posted to Speak Up Austin. 30 Day Minimum Staff Review of Public Comments Present Rule Amendments to ZWAC & CWEP for consideration Council Consideration of Department Rule Amendment 3 Current Identified Department Rule Amendments Residential Services Rule Revisions 1. Single Family Residential Collection Services (4.1 & New Section 4.2) – clarify rules related single family residences [adopted by City Council, November 2024] 2. Placement of Carts for Collection (6.1) – amend set out times to align with department practices and other changes related to collection of carts. 3. Extra trash (6.3), Drop Off Services (5.8), Trash, Recycling, Organics, Bulk, Brush, HHW Collection Guidelines (7.1, 7.3, 7.6, 7.7, 7.8, 7.9) – amend rules to reflect department practices and on-demand services 4. Small Multi-family Residential Collection Services (New section, 4.3) – new section to clarify rules related to residences with 2-4 dwelling units. 5. Commercial Collection Services (Existing 4.2, to be moved to 4.4) – clarify services provided to commercial customers. Proposed Rule Amendment for Residential Collection Services 6.0 Placement for collection, maintenance of carts, and additional fees. 6.1 Placement of Carts for Collection 6.1.1 6.1.2 6.1.3 6.1.5 6.1.7 6.1.9 6.1.10 Defines when return trip fees will be assessed. Late Cart set out time modified to align with current operations (5:30 a.m.) Cart set out time modified to align with current operations (5:30 a.m.) Aligned cart spacing with existing outreach and added placement (no bike paths and side walks) Excess trash, recycling, yard trimming, and small branch set out language clarified to align with current operations and outreach. Clarifying language that customers may be back- billed if an audit identifies discrepancies. Defines return trip fees as when a vehicle returns to a premises by request of a customer. set out, contamination, or out of cycle collection. 5 6 City of Austin Austin Resource Recovery Chapter 15-6 Administrative Rules 6.0 PLACEMENT FOR COLLECTION, MAINTENANCE OF CARTS, AND ADDITIONAL FEES 6.1 Placement of Carts for Collection 6.1.1 All carts shall be set out by the customers on the public curb, alley, or other City designated location no earlier than 8:00 p.m. on the day before the collection day and no later than 5:30 6:30 a.m. on the collection day. 6.1.2 If a customer does not have their cart in place by 5:30 6:30 a.m., then collection may not be serviced for this location. Customers can call 3-1-1 to speak with a customer service representative ambassador to have a late set-out serviced. A late set-out fee may be assessed for the location to be serviced. 6.1.3 All carts shall be removed by customers from the curb or alley collection location no later than the day following collection day. 10:00 p.m. on the collection day. All carts shall be placed 3-5 feet apart (when space allows). Please keep carts out of Carts shall not be placed in the path of mail delivery locations, vehicles, and driveways, bike paths, and sidewalks. 6.1.4 If carts are placed under a tree limb or power line, please make sure there is there must be 15’ below the line or limb and the ground. The City may designate specific locations for container placement as needed. 6.1.5 Customers shall use the city-issued cart(s) for their trash, recycling and organics composting. Excess trash materials may be placed at the curb in a bag with an extra trash sticker. All trash materials must be placed in a cart or bag; no loose trash is permitted on the ground. Excess yard trimmings may be placed at the curb in a paper bag. When there is extra trash, recycling, and composting or yard trimmings that cannot fit in the city-issued carts: 6.1.5.1 Extra trash materials shall be placed at the curb, in a bag. No loose trash is permitted on the ground. 6.1.5.2 Extra recycling that does not fit into the blue cart with the lid closed should be placed next to the cart in a reusable container or a cardboard box no larger than your cart. 6.1.5.3 Extra yard trimmings may be placed at the curb in a paper bag, a compostable cardboard box(es), or in a personal reusable container(s). 6.1.5.4 Small branches and limbs shall be placed near the curb. Small branches and limbs shall be no longer than 5 feet in length and no thicker than 3 inches in diameter. Branches and limbs must be stacked into manageable piles no heavier than 30 pounds. If small branches and limbs are tied or bound, it must be with 100% organic (compostable) material such as jute twine or cotton. 6.1.5.5 See section 6.3 for rules regarding fees for extra trash, recycling, and composting or yard trimmings. 6.1.6 If a customer pays for more than one trash cart, the additional cart(s) may be tagged by the City of Austin to ensure operation crews collect the additional cart. 6.1.7 The City of Austin reserves the right to perform cart audits on its customers to ensure each customer is billed correctly and receives their scheduled service. A customer may be retroactively billed (or “back-billed”) to rectify discrepancies. Revised 4/1/20254/1/25 Page 1 of 2 City of Austin Austin Resource Recovery Chapter 15-6 Administrative Rules 6.1.8 Any trash on the public right-of-way, which is not set out in conformance to these rules, shall be deemed an improper set out. In order to maintain the health and cleanliness of the City, the Department may collect and remove these materials and assess a fee for this additional service to the adjacent resident or property owner. 6.1.9 The City of Austin will assess a return trip fee in alignment with the department fee schedule. A return trip is any instance in which a City vehicle returns to a premises by request of a customer to collect City managed carts. 6.1.9.1 A return trip fee is assessed for each collection vehicle that returns to the property (e.g. trash, recycling, composting) regardless of the number of each cart type that is collected. 6.1.10 Return trip fees may be assessed by the City to any department customer: 6.1.10.1 If the customer requests collection of a cart that was not placed at the curb by 5:30 a.m.; 6.1.10.2 If contamination in the recycling or compost cart is identified by the collection crew. The customer must remove the contaminated items from the cart and request collection of the cart; 6.1.10.3 If the customer requests an out of cycle collection of a cart on a date that is not their regular scheduled collection day. 6.1.10.4 For any other set out that is not in conformance to these rules and requires collection of a cart outside of the scheduled collection. Revised 4/1/20254/1/25 Page 2 of 2 April 2025 Administrative Rules Public Comment Summary and Staff Response Speak Up Austin (speakupaustin.org/j4317) Section 6.1 - Placement for collection, maintenance of carts, and additional fees Summary of comments for section 6.1.1 “Many customers would find it impossible or very inconvenient to wait until after 8pm to set out their carts.” Commentors would like an earlier cart set-out time for several reasons: to avoid placing carts at the curb in the dark or in inclement weather, and to increase convenience for shift workers who are not home between 8pm and 5:30am. The current rule is “impractical…to enforce and there are no stated consequences” for customers not following the rule. Staff Response: In response to this comment, ARR staff have made the following change to the administrative rules: 6.1.1 All carts shall be set out by the customers on the public curb, alley, or other City designated location no earlier than the day before the collection day and no later than 5:30 a.m. on the collection day. Summary of comments for section 6.1.3 Commentors express that “there are many reasons why carts would not be able to be removed by 10PM. They include inclement weather and the customer being away from their residence on collection day until after 10PM.” Additionally, bike paths and sidewalks should be included in the list of where carts shall not be placed. Staff Response: In response to these comments, ARR staff have made the following changes to the administrative rules: 6.1.3 All carts shall be removed by customers from the curb or alley collection location no later than the day following collection day. All carts shall be placed 5 feet apart (when space allows). Carts shall not be placed in the path of mail delivery locations, vehicles, driveways, bike paths, and sidewalks. Summary of comments for section 6.1.5 Commentors want to see an addition to the rules in this section clarifying the ability to use reusable containers for organics composting and yard trimmings. Reusable carts and bins for compost and yard trimmings are more durable and “easier to handle and fill” than paper lawn bags. Paper bags are “a recurring and ongoing cost” and many customers have “invested in [carts] to avoid purchasing paper bags”. Staff Response: While reusable containers or carts for extra yard trimmings have always been permissible, staff will amend the rules to provide clarification in this section. The proposed edit in response reads: 1 April 2025 6.1.5.3 Extra yard trimmings may be placed in a paper bag, a compostable cardboard box(es), or in a personal reusable container(s). Summary of comments for section 6.1.9 Commentors express concern that the proposed language of the rule “would not prohibit the City from charging a return trip fee if the collection truck inadvertently missed a cart” and that it may be “the City’s word against the customer’s word” that carts were set out on time. Staff Response: Staff will only schedule a return trip and apply a fee when the customer requests a return trip. At that time department staff will communicate with the customer to explain the evidence of a late set out and ensure the customer agrees to the fee. If the customer agrees to the fee a vehicle will be sent to collect the cart. If the customer does not agree to the charge the department will not send a vehicle to collect the cart until the next scheduled collection cycle. In areas identified as having frequently missed collections, drivers will take a time-stamped, geo-located photos to identify if carts are not set at the curb by the designated collection time. In other instances, staff will verify if multiple addresses on the same street were missed. If is the case, it is assumed by the department there was a collection route issue, and no return trip fee is charged. 2