Fairfax County Recycling Program Requirements

Information on Recycling Regulations for
Solid Waste Collectors and Property Managers

A Fairfax County, Va., publication

PDF Version

Last updated December 2006

Table of Contents

Section 1 - Introduction
Section 2 - Residential Recycling Requirements
Section 3 - Nonresidential Recycling Requirements
Section 4 - Yard Waste Recycling Requirements
Section 5 - Information for Collectors

• a. Recycling reports
• b. Annual statement of service
• c. No recycling = no permit
• d. Permits and registration for collectors and recyclers
• e. Customer service requirements
• f. Containers, parking, etc.
• g. Change to service notices
• h. Enforcement of Chapter 109.1 and this document

Section 6 - Emergency Provisions

To request this information in an alternate format, call the Fairfax County Solid Waste Management Program at 703-324-5230, TTY 711.

Section 1 - Introduction

On July 10, 2006, the board of supervisors adopted Chapter 109.1, Solid Waste Management, of the Codified Ordinances of Fairfax County. This replaced the previous Chapter 109, Solid Waste, which was abolished. The new Chapter 109.1 has several new recycling provisions for businesses, residents, and solid waste collectors in Fairfax County. This document explains the new provisions and provides direction for all the recycling requirements in Chapter 109.1. Following are highlights of the new measures:

• All waste-generating establishments in Fairfax County can now be identified clearly as “residential” or “nonresidential.” Residential includes single family homes, townhouses, and multifamily dwelling units such as apartments and condominiums. Nonresidential includes businesses, institutions, and schools (Section 109.1-2-1-f). New recycling requirements for multifamily residential units and for nonresidential entities, effective July 2007, are explained in Sections 2 and 3 of this document. This includes a new requirement for the collection of cardboard and for recycling of cardboard by construction and demolition contractors.
• The definitions of “yard waste” and “brush” are clarified in Chapter 109.1, and the recycling requirements of each have been changed. This is further explained in Section 4 of this document.
• Vehicles used solely for the collection of recyclable materials must now be registered with the county, effective July 2007. This is explained in Section 5 of this document.
• The regulations in this document are binding upon all residents and commercial, industrial, and institutional establishments within or doing business in Fairfax County, and any person or entity that collects, transports, disposes, or otherwise manages solid waste and/or recyclable materials in Fairfax County. This document is incorporated into Chapter 109.1 by reference, per Section 109.1-1-1 of the Codified Ordinances. Chapter 109.1 is available online at the Municode Web site.

Section 2 - Residential Recycling Requirements

Materials required to be source separated (Section 109.1-1-2-2)

Residents of townhouses and single-family homes receiving curbside refuse and recycling collection must source-separate for recycling the following materials:

• Container glass (bottles and jars);
• Metal food and beverage containers (cans and tins);
• Plastic bottles and jugs;
• Yard waste on a seasonal basis (see Section 4);
• Scrap metal; and,
• Cardboard and mixed paper (junk mail, office paper, magazines, etc.).

Cardboard must be flattened for curbside recycling. Large pieces must be cut down or folded to 36 inches in length and 36 inches in width or they may be collected as trash and not recycled. If collectors utilize single-stream technology, no size limitation exists.

Solid waste collectors must provide recycling service for these materials and collect them at least once per week. Certain exemptions for yard waste at townhouse communities may apply—see Section 4.

Residents should set out materials as directed by their solid waste and recycling collectors. The materials should be set out at the curb line. Recyclables should be set out separately from refuse. No single item may weigh more than 50 pounds or measure more than 48 inches in length (except for cardboard, which is limited to 36 inches) as these items may be left behind by the collector.

Recycling requirements for multi-family dwelling units (Section 109.1-2-2)

By July 10, 2007, owners of all existing multifamily dwelling units (apartments and condominiums) must provide a system for their residents to recycle cardboard and mixed paper. The owner or property manager must provide each unit with notification of how to use the system, and must continue to provide notice on an annual basis or whenever a new occupant moves in. In turn, solid waste collectors must offer weekly recycling service for these materials and (Section 109.1-2-6-a).

Owners of multifamily dwelling units for which a construction permit is issued by Fairfax County on or after July 1, 2007, must provide or cause to be provided a system for their residents to recycle the following materials:

• Container glass (bottles and jars);
• Metal food and beverage containers (cans and tins);
• Plastic bottles and jugs;
• Scrap metal; and
• Cardboard and mixed paper (junk mail, office paper, newspapers, magazines, etc.).

Owners must provide each unit with notification of how to use the system, and continue to provide notice on an annual basis or whenever a new occupant moves in. In turn, solid waste collectors must offer weekly recycling service for these materials.

Multifamily dwelling units holding a valid construction permit prior to July 1, 2007, are subject to the requirements for existing units as described above. For more detail on the application of this rule, please see Section 10-0400 of the Public Facilities Manual.

Multifamily dwelling unit complexes must have a recycling plan

The owner of an apartment or condominium complex must develop a Municipal Solid Waste Management and Recycling Plan and maintain the plan at the facility for use by employees, occupants, and vendors. The plan must be provided to the county within 30 days of written request. The plan must describe the facility and how its trash and recycling will be collected for recycling and disposal. The plan must be updated whenever there is a significant change to the facility, including major construction, change of ownership or management, or change of solid waste and/or recycling vendor. At a minimum, the plan should be updated every five years. Detailed requirements of the plan are described in Section 109.1-3-2. As described in Article 9 of Chapter 109.1, penalties apply for failure to maintain a Municipal Solid Waste Management and Recycling Plan.

Section 3 - Nonresidential Recycling Requirements

All nonresidential entities must recycle cardboard and paper

The former Chapter 109 required only businesses above a certain threshold to recycle. Chapter 109.1 requires all nonresidential establishments, including businesses, schools, and institutions, to provide a recycling system to their tenants, occupants, employees and vendors. The owner or manager of such properties must provide a system to recycle cardboard and mixed paper, which includes white and colored office paper, magazines, newspapers, etc. (Section 109.1-2-3-a). In addition, solid waste collectors must offer recycling service for these materials (Section 109.1-2-6-a). The system must be in place by July 10, 2007.

Annual notification about recycling system

Upon occupancy by a new tenant and at least once per year, the property owner or manager must provide notice to tenants, occupants, employees, and vendors about the recycling system and how to use it.

Certain nonresidential entities must recycle additional materials

Nonresidential entities meeting ANY ONE of the following criteria must recycle one principal recyclable material (PRM) in addition to cardboard and mixed paper. (Section 109.1-2-3-b of the Fairfax County Code and Section 10-0400 of the Fairfax County Public Facilities Manual)

• An annual total waste stream of 100 tons (90.72 metric tons) or more from a single nonresidential entity; OR
• An annual combined waste stream of 100 tons (90.72 metric tons) or more from a complex or institution; OR
• An annual average occupancy of 200 persons or more at a nonresidential facility.

Nonresidential facilities exceeding one of these thresholds must provide a system to their tenants, occupants, employees and vendors to recycle one PRM. A PRM is the recyclable material from the following list that constitutes the majority of the facility’s recyclables waste stream:

• Ferrous scrap metal;
• Non-ferrous scrap metal;
• Used motor oil;
• Container glass;
• Aluminum or tin cans;
• Cloth;
• Automobile bodies;
• Plastic;
• Clean wood; or
• Brush, leaves, grass, and other arboreal materials.

EXCEPTION: If a nonresidential facility submits a Municipal Solid Waste Management and Recycling Plan as described above in Section 2 and Fairfax County staff determines that the facility meets the threshold but that the PRM for the facility is cardboard and/or paper, no additional recycling is required. Additional recycling is, however, always encouraged and allowed.

Nonresidential facilities must have a recycling plan

The owner of an apartment or condominium complex must develop a Municipal Solid Waste Management and Recycling Plan and maintain the plan at the facility for use by employees, occupants, and vendors. The plan must be provided to the county within 30 days of written request. The plan must describe the facility and how its trash and recycling will be collected for recycling and disposal. The plan must be updated whenever there is a significant change to the facility, including major construction, change of ownership or management, or change of solid waste and/or recycling vendor. At a minimum, the plan should be updated every five years. Detailed requirements of the plan are described in Section 109.1-3-2.

Annual recycling report required from certain nonresidential generators

Any nonresidential property meeting the PRM thresholds described in Section 3 of this document and any company that manages municipal solid waste or recyclables generated in Fairfax County must submit an annual report of waste generation, management, and recycling to the Division of Solid Waste Collection and Recycling on an annual basis. The report is due on March 1 of each year for information from the previous calendar year. Details of the report are described in Section 109.1-2-4.

Recycling of cardboard required at construction and demolition sites As of July 10, 2007, construction and demolition contractors must source-separate and recycle corrugated cardboard such as boxes and packaging. (Section 109.1-2-3-d)

Section 4 - Yard Waste Recycling Requirements

Definitions: These definitions have been modified from the former Chapter 109.

Yard waste means the organic fraction of municipal solid waste that consists of grass clippings, leaves, and brush arising from general landscape maintenance. Yard waste also includes similar materials collected from nonresidential landscape maintenance, such as maintenance of streets, parks and recreational areas. Yard waste does not include any materials arising from tree removal, land clearing, or development activities.

Brush means shrub and tree trimmings arising from i) general residential landscape maintenance and ii) similar nonresidential landscape maintenance. Brush must be limited to individual pieces or bundles of no greater than 50 pounds in weight, four feet in length, and no piece larger than six inches in diameter. Christmas trees of no more than eight feet in length are exempt from these size limitations.

Requirements for residential properties (Section 109.1-2-2-a)

• Occupants of single-family homes and townhouses must source-separate yard waste for recycling from March 1 to December 24 of each year.
• EXCEPTION: Townhouse clusters and condominium associations that hire a contractor or use in-house personnel to maintain common areas may apply to the Director for approval of alternative methods for managing yard waste. Examples of such alternative methods include grasscycling (leaving clippings on the grass), mulching, or composting. More detail is available by calling 703-324-5230, TTY 711 or online.

Requirements for solid waste and recyclables collectors (Section 109.1-5-3-d)

• Solid waste collectors must provide single-family and townhouse residential customers a system for collecting and recycling yard waste at least once a week from March 1 to December 24 of each year. During the remainder of the year, yard waste must be collected at least once a week but recycling is not required and the yard waste may be mixed with municipal solid waste. On any single weekly collection day, collectors may limit the collection to 10 bags or bundles of yard waste from an individual property.
• The minimum level of service for collection of Christmas trees is removal of all trees of less than 8 feet in length set out during the first two weeks of January.
• EXCEPTION: Townhouse clusters and condominium associations may apply for an alternative yard waste exemption (see above). If there is a valid exemption in place, the solid waste collector is not required to collect and recycle yard waste. Any townhouse cluster or condominium association without such exemption must be provided yard waste recycling collection from March 1 to December 24 of each year.

Section 5 - Information for Solid Waste and Recyclables Collectors

Annual recycling report required from solid waste and recyclables collectors

Any company that manages municipal solid waste or recyclables generated in Fairfax County must submit an annual report of waste generation, management, and recycling to the Division of Solid Waste Collection and Recycling (DSWCR) on an annual basis. The report is due on March 1 of each year for information from the previous calendar year. Details of the report are described in Section 109.1-2-4.

Annual statement of service to customers

At least once a year, solid waste and recyclables collectors must provide a statement of service to each and every residential and nonresidential customer. The statement must contain specific information as outlined in 109.1-4-2(e)(5), including the recycling services available to them.

No recycling service means no permit

Section 109.1-2-6-a states that no solid waste permit shall be issued to a collector unless the collector provides a written statement affirming that it maintains a recycling system for residential customers in single-family homes and townhouses as described in Section 2 of this document and in Chapter 109.1. Additionally, collectors must offer recycling services to any and all customers in multi-family dwelling units and nonresidential facilities. This is a minimum level of service, as all locations are now or will be required to recycle.

Permits, Certificates to Operate, and Registrations

• Any business that provides regularly-scheduled collection of solid waste and recycling must obtain a Certificate to Operate from the Fairfax County Division of Solid Waste Disposal and Resource Recovery. This replaces the previous system of collector permits and solid waste permits.
• As described above, each collection company must provide all customers with a statement of service at least once per year. The collection company must certify that this statement was sent to all customers each year before a Certificate to Operate will be re-issued.
• A business collecting solid waste on an on-call basis, such as a junk hauler, does not need a Certificate to Operate; however, such a business must obtain disposal and/or special waste and use permits in order to dispose of waste at Fairfax County facilities.
• Solid waste collection companies must obtain a vehicle permit from the Solid Waste Management Program for any truck or other vehicle used to collect refuse. The permit process includes an annual vehicle inspection.
• As of July 1, 2007, any person (as defined in Section 109.1-1-2) who owns or operates a business that collects recyclables as a commercial enterprise must register with the Solid Waste Management Program any vehicles used solely for the collection of recyclables (109.1-4-16).
• Vehicles used solely to pick up recyclables are not required to have vehicle permits or Certificates to Operate from the Solid Waste Management Program; however, they must be registered.
• Registration of a vehicle used only for collection of recyclables does not constitute an application for a Certificate to Operate. A Certificate to Operate is required to collect refuse in Fairfax County (Section 109.1-4-2).
• Vehicles used to collect recyclables AND trash will be in compliance with this requirement through the Certificate to Operate process—there is no need to register separately.
• The registration application must provide the following information in written format in order to comply with this part of the code:
• • Name of business;
  • Type of business (single propriety, partnership, corporation, etc.);
  • Name of parent company (if applicable);
  • Owner(s) and Authorized Agent (if applicable);
  • Business address;
  • Mailing address;
  • E-mail address (if available);
  • Business telephone number;
  • A complete list of vehicles to be used in the collection of recyclable materials, including manufacturer, model, and body capacity/style;
  • Street address(es) of collection vehicle parking location(s);
  • Customer service area by U.S. Postal ZIP code, and type of service arrangements (e.g., subscription or contract); and,
  • The types of recyclable material being collected (by established commercial grade), the anticipated quantity to be collected, and the final market, interim processor, or MRF to which collected materials are to be delivered.

Minimum levels of customer service

Requirements in this document constitute the minimum level of service to be provided to single family homes by solid waste and recycling collectors in Fairfax County. Failure to meet these minimum requirements is a violation of Chapter 109.1 and could result in fines, penalties, and revocation of permits or Certificates to Operate. Examples of the minimum levels of service include:

• Once-weekly collection of trash and recycling from all customers.
• Once-weekly collection of yard waste on a seasonal basis and with certain limitations, as described in Section 4 of this document.
• Collection of all materials set out appropriately.
• Collection of Christmas trees set out appropriately.

Public nuisance: parking, containers, etc.

All solid waste and recycling collectors must conduct their operations in a manner that is in compliance with Fairfax County Code and does not cause a nuisance to the residents of Fairfax County. This includes, but is not limited to:

• Causing no adversity to public health or safety;
• Operating vehicles so as to avoid spills and immediately cleaning up any that occur;
• Emptying all trucks within 24 hours of collection;
• Complying with noise ordinances by collecting residential waste between the hours of 6 a.m. and 9 p.m. only;
• Parking trucks overnight only where zoned and where permission is given by the property owner. Overnight parking on public streets is not allowed.

Operations that constitute a public nuisance or threaten public health and safety are violations of Chapter 109.1 and other sections of the Fairfax County Code.

Changes to service

When a solid waste and recycling collector causes a change or modification to the service system for one or more customers, several requirements must be met.

A solid waste collector must provide 30 days’ notice to affected customers and the director when any of the following events takes place:

• Sale or transfer of the business, regardless of whether or not there will be any interruption of service (109.1-5-7-a-1 and 109.1-5-7-a-3).
• Termination of service for any reason other than nonpayment (109.1-5-7-a-3).
• Alteration of service or collection schedule (109.1-5-7-a-4).
• Change to rates or charges (109.1-5-9-a).

In the case of termination of service for nonpayment, the collector must provide 10 days’ notice (109.1-5-7-a-2).

Upon termination of service for any reason, including at the customer’s request, the collector must promptly remove any provided collection containers (109.1-5-6-c) and refund any prepaid subscriptions. Prepaid subscriptions or bills may not be collected more than 90 days in advance.

Enforcement of Chapter 109.1 and this document

Chapter 109.1 contains mechanisms that allow for speedier resolution of violations and removes the financial benefits that could be gained from non-compliance. In addition, all of the language concerning penalties and other enforcement matters is now located in a new section titled “Article 9 - Enforcement.” For a thorough explanation of enforcement policies and procedures, call 703-324-5230, TTY 711 and ask to speak to enforcement staff.

The Solid Waste Management Program employs a variety of enforcement tools to bring about compliance with Chapter 109.1 and this document. The Solid Waste Management Program will find the most appropriate form of enforcement for the incident or condition in question. This can range from informal correction efforts to more formal enforcement methods such as being taken to court, paying civil penalties or fines, and lost of the Certificate to Operate. Repeat offenses will result in escalated enforcement action (109.1, Article 9).

Section 6 - Emergency Provisions

Chapter 109.1 contains new provisions for the management of solid waste in the case of an emergency. The new section, titled “Article 8 – Emergency Provisions,” establishes the necessary authority and operational framework for the county to take the lead in the waste management component of disaster recovery.

For the purposes of these Program Requirements, “emergency” means the county executive, the board of supervisors, or the governor of virginia has declared a state of emergency that includes Fairfax County.

Responsibilities during or after an emergency

The purpose of Article 8 is for the following steps to take place with respect to solid waste management during emergency circumstances:

1. The county will take the lead in coordinating emergency or disaster clean-up efforts countywide.

• This means that the Fairfax County government will provide leadership to ensure that all residents receive the service they need in an effective and timely fashion.

2. Private collectors shall not be required to provide collection services in excess of the base levels of service defined elsewhere in this document.

• This means that if a debris emergency occurs, collectors will not be forced to collect materials beyond the minimum levels of service described in Section 5 of this document.

Requirements during an emergency

At the director’s discretion, to the extent allowable by state and federal law, specific requirements of Chapter 109.1 may be waived or suspended during a local emergency. For example, in the interest of clearing public streets of debris and putrescible waste, the director might temporarily waive the recycling requirements describe in Sections 2 and 3 of this document.

While management of debris is a shared responsibility between the county and the private sector, at the director’s discretion, the county may come to the assistance of private collectors on operations in a given area.