HomeMy WebLinkAbout05-1140 City Code Solid Waste Ordinance
CITY OF MERIDIAN ORDINANCE NO.
06-1 \40
BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE
AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO AMENDING
THE FOLLOWING SECTIONS OF TITLE 4, PUBLIC HEALTH &
SAFETY, CHAPTER 1, SANITARY SERVICE SYSTEM, OF THE
MERIDIAN CITY CODE, TO WIT: SECTIONS 4-1-6 THROUGH 4-1-23;
AND ADDING SECTION 4-1-1 TITLE; SECTION 4-1-2 PURPOSE AND
INTENT; SECTION 4-1-3 APPLICABILITY; SECTION 4-1-4
REGULATORY CONSISTENCY; AND SECTION 4-1-5 SEVERABILITY;
AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND
PROVIDING FOR A WAIVER OF THE READING RULES; AND
PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF MERIDIAN IDAHO:
Section 1. That Title 4, Chapter I, Sections 1-23, of the Meridian City Code is
amended to read as follows:
4-1-1: TITLE:
This Ordinance shall be known as the city of Meridian Solid Waste Ordinance and may
be so cited.
4-1-2: PURPOSE AND INTENT:
The purDose and intent of this Ordinance is to:
A. Establish a system for the storage. handling. collection and processing of
solid waste with uniform requirements.
B. Promote the health. safety. and general welfare of the citizens of Meridian.
and enhance and preserve the quality and yalue of the resources of the city
of Meridian by the proper management of solid waste.
C. Encourage and improye the opportunity for recycling.
D. Equitably distribute the costs of the solid waste collection and disposal
system.
4-1-3: APPLICABILITY:
This Ordinance shall apply to all persons within the corporate limits of the city of
Meridian. including those receiying solid waste services. eligible to receiye solid waste
services and engaging in the collection of solid waste.
4-1-4: REGULATORY CONSISTENCY:
This Ordinance shall be construed to assure consistency with State and Federal laws.
rules and regulations. and other proyisions of the Meridian City Code.
Solid Waste Ordinance - Page 1 of21
4-1-5: SEVERABILITY:
If any proyision. clause. sentence. or paragraph of this Ordinance or the application
thereof to any person. establishment or circumstance shall be held inyalid. such inyaliditv
shall not affect the other proyisions or application of the Ordinance which can be giyen
affect without the inyalid proyision or application. and to this end. the proyisions of this
Ordinance are hereby declared to be seyerable.
4-14Q: DEFINITIONS:
ADA COUNTY HIGHWAY DISTRICT (ACHD): The Ada County highway district, a
countywide highway district of Ada County, Idaho, duly formed and existing under
chapter 14 of title 40, Idaho Code.
BULKY WASTE: Waste materials intended for landfill disposal, except for major
appliances; with sizes, weights or yolumes greater than those allowed for trash
containers, such as water tanks and furniture. Bulky waste does not include construction
debris, dead animals, hazardous materials, or animal stable matter.
CITY: The city of Meridian, Idaho.
COMMERCIAL PREMISES: Business, industrial, and institutional premises and
actiyities, as distinct from residential or multi-family premises.
CUSTOMER: An occupant or owner of any premises, including household, apartment,
business, institution or other establishment in the city for which solid waste service is, or
has been, proyided.
FRANCHISEE: Any person authorized by the city of Meridian, or employed by the city
of Meridian to collect, handle, transport and dispose of solid waste and/or recyclable
materials and who has executed a franchise agreement with the city of Meridian.
HAZARDOUS MATERIALS OR WASTES: Any chemical, compound, mixture,
substance or article which is designated by the United States enyironmenta1 protection
agency or appropriate agency of the state to be a "hazardous waste" or "hazardous
substance" as those terms are defined by federal or state law.
INSPECTOR: The authorized employee or employees of the city of Meridian or some
indiyidual designated by the city council as haying the duty of enforcement of this
chapter.
MULTI-FAMILY PREMISES: Multi-family structures with two (2) or more dwelling
units, condominium complexes of all sizes, mobile home parks or manufactured housing
communities, clusters of detached homes and duplexes where owners choose centralized
solid waste collection in containers proyided by the franchisee rather than indiyidual solid
waste can service. Multi-family does not include dwelling hotels, motels, hospitals,
nursing homes, or other congregate housing, care, or institutional facilities.
Solid Waste Ordinance - Page 2 of21
OCCUPANT: The person in possession, charge or in control of any unit in a multi-family
premises, residential premises, commercial premises or other premises where solid waste
is created or accumulated.
OVERLOADING: Exceeding the container weight capacity or yolume allowance,
allowing objects to protrude outside of the container, or stacking objects or waste agaffis.t
outside the container.
OWNER: The person owning the real property where solid waste is created or
accumulated.
PERSON: Any person, firm, partnership, association, institution, limited liability
company, corporation, trust and/or any other legal entity whether for profit or nonprofit,
public or priyate, and in the plural as well as singular.
PROHIBITED WASTE: Includes any wastes that haye any of the following general
characteristics:
A. Extreme temperature;
B. Harmful yapors;
C. The presence of corrosiye, flammable, explosiye or toxic chemicals;
D. Any materials with physical or other properties which render collection operations
hazardous; or
E. Any materials which create a risk to the enyironment or public health and safety.
In addition to wastes with the general characteristics described aboye, prohibited
wastes include:
A. Liquid wastes, both bulk and contained;
B. Tires;
C. Any material regulated by the state ofIdaho or the United States enyironmental
protection agency (40 CFR 260-268) as hazardous waste;
D. Any equipment or machines containing refrigerants;
E. Infectious wastes generated from business sources such as hospitals, clinics,
medical, surgical, dental, nursing homes, yeterinarian offices, and laboratories.
Generators of infectious waste are required to sterilize, package, or otherwise process
the infectious waste so that it may be collected without hazard to collection personnel
and the general public; and
Solid Waste Ordinance - Page 3 of21
F. Dead animal remains in an amount exceeding twenty fiye (25) pounds, excluding
animal carcasses if broken down into less than 25 pound portions and placed into
sturdy plastic solid -Niirn:e bags and into a lidded, airtight and watertight container.
PUTRESCIBLE WASTE: Wastes that can decay and stink or become putrid.
RECYCLABLE MATERIALS: Products, including paper, cardboard, metal, or any other
substance capable of being reprocessed into consumer materials, which haye served the
purpose for which they were originally manufactured or produced and haye passed
through their end usage as consumer items, and which haye been discarded or placed for
collection by their owner.
RESIDENTIAL PREMISES: A separate dwelling or residential unit in the city occupied
by a person or group of persons which may be in a single-family residence, mobile home,
manufactured home, condominium, duplex or multiplex where solid waste is placed and
collected in solid waste containers and/or recyclable materials are placed and collected in
recycling containers located at the curb or alley. Each separate dwelling unit shall be
considered a separate residence for solid waste service and billing purposes.
SOLID WASTE: All materials discarded for disposal, putrescible and nonputrescible
solid and semisolid waste material including solid waste, rubbish, demolition and
construction wastes, industrial wastes, yegetable solid and semisolid wastes, dead animal
remains in amounts not to exceed twenty fiye (25) pounds, reusable or recyclable
material, bulky goods, and other discarded solid and semisolid wastes.
VECTOR: An organism that can transmit disease. (Ord. 889, 9-5-2000)
4-1-2-1: RESPONSIBLE AUTHORITY:
The chief of police of the city and such other persons as may be appointed by the mayor
and council, shall be responsible for the enforcement of the proyisions of this chapter and
other duties as the city council may prescribe, and there shall be designated as a member
of the police department, a sanitary inspector, who shall enforce the same under the
supervision of the chief of police. (Ord. 851, 12-7-1999)
4-1-~.!!.: COMPULSORY USE REQUIRED:
A. In order to maintain the public health, safety, and aesthetics of the city, all owners
and/or occupants are required to pay for, and are proyided, solid waste collection
services.
B. Proyided, further, that in areas in the city where the collection of solid waste on the
schedules hereinafter set forth would be impracticable, the city council may issue a
special permit altering the time and extent of collection.
Solid Waste Ordinance - Page 4 of21
C. Beginning October 2, 2000, each residential customer shall be supplied with a bin for
collection of recyclable materials. Eaefl week When full. on the regularly scheduled
solid waste collection day, the customer shall sort the recyclables in the bin and place
the bin at curbside, and the franchise holder will collect the recyclable materials
placed in the bins. The fee for such recycling shall be set by resolution of the city
council and shall be included in each customer's monthly solid waste collection
billing as an additional fee. (Ord. 889, 9-5-2000)
4-1-4~: SOLID WASTE COLLECTION:
There is hereby established a system of solid waste collection, transportation and
disposal. It shall be unlawful for any person to engage in the business of collecting,
transporting, hauling, or conyeying any solid waste oyer the streets or alleys of Meridian,
or to dump or dispose of the same, unless and until such person has a franchise, license,
or contract as an authorized representatiye of the city. (Ord. 851, 12-7-1999)
4-1~1O: PROHIBITIONS:
A. Accumulation of Solid Waste:
1. It is a yiolation of this chapter for any person to permit or to suffer to accumulate in
or about any yard, lot, place or premises, or upon any street, alley or sidewalk
adjacent to such lot, yard, place or premises owned or occupied by such person, any
solid waste so as to cause such yard, lot, premises, or the street, alley or sidewalk
adjacent thereto, to be or remain in such condition as to cause or create a nuisance or
offensiye odor or atmosphere or yector harborage, or thereby to be or to become, or
cause or create, a public nuisance, within the limits of the city. Any such
unauthorized accumulation or collection is declared a nuisance and prohibited.
2. Waste resulting from construction actiyities may be collected within an actiye site.
The waste shall be managed and maintained in such a manner that it will not be
blown, washed or carried to adjacent properties. All wastes must be remoyed and
disposed properly from the site prior to the end of the construction project.
3. Compost piles may be maintained for fertilization purposes and matter used for
fertilization purposes only may be transported, kept and used, proyided, that the same
shall not be maintained so as to cause a condition of odor and/or site yisibility and/or
other conditions relatiye to insects or disease that affect neighboring properties, cause
harmful yapors or constitute a risk to the enyironment or public health and safety.
B. Burning and Dumping: It is a yiolation of this chapter for any person to burn,
incinerate, bury, dump, or in any other manner dispose of solid waste within the
limits of Meridian.
Solid Waste Ordinance - Page 5 of21
C. Oyerloading Containers: It is a yiolation of this chapter for any customer to load a
waste container beyond its yolume or weight capacity. This prohibition includes
loading containers in a manner which is unstable or likely to cause damage, create a
litter condition, or impact the public health or safety. The maximum permissible
container weights, meaning gross weight of a loaded container, are:
Residential bags 35 pounds
Residential/commercial containers 65 pounds
Residential/commercial toters 150 pounds
Front Load Containers
Rear Load Containers
2 cubic yards: 3;GlAOO pounds
3 cubic yards: ~~,OOO pounds
4 cuBic yaFès: 1,999]3Ðlffiàs
6 cubic yards: M,OOO pounds
8 cubic yards: 5,000 pounds
;> eOOie 29,999 pÐlffiàs
ø~
~ eOOie
ø~
~ eOOie
~~
4 eOOie
ø~
2,199 pÐlffiàs
2,400 pounds
2,199]3Ð1iflfls
2,199]38Uflfls
2,199]3Ðeaàs
29,999]38uads
29,9QQ ]38eaàs
2Q,QQQ ]3ÐHR¡\S
Roll Off Containers
Q cubic yards:
.!!. cubic yards
lQ cubic yards
~ cubic yards
JQ cubic yards:
II cubic yards:
1Q cubic yards:
5.000 Dounds
5.000 DOunds
5.000 pounds
17.000 Dounds
17.000 Dounds
17.000 Dounds
17.000 Dounds
Customers shall be responsible for damages, costs, expenses, fines or penalties,
including tickets issued to franchisee for oyerweight yehicles, which arise out of
Solid Waste Ordinance - Page 6 of21
customer failure to limit weights, in a container greater than or equal to twenty (20)
cubic yards.
D. Prohibited Wastes:
1. Solid waste collection service is intended to collect normal commercial, industrial,
residential, and multi-family premises wastes. It is a yiolation of this Chapter for any
person to deposit or relinquish for collection or disposal any prohibited wastes
identified herein. Customers are encouraged to contact the franchisee with questions
regarding specific wastes.
2. Customers who are a source of prohibited wastes shall make appropriate
arrangements to collect and dispose of the waste.
E. Taking of Solid Waste or Recyclables:
1. All trash and recyclable material placed for collection shall be owned by and be the
responsibility of the customer until the time of collection. At the time of collection,
all trash and recyclable material become the property of the franchisee.
2. It is a yiolation of this Chapter for any person to take, examine, uncoyer, snoop in,
separate, gather, collect or salyage materials deposited in solid waste containers
except with the express permission of the generator of the solid waste.
F. Theft of Collection Services:
1. It is a yiolation of this Chapter for any person, except for the owner or occupant, to
place or deposit any materials in or around a solid waste receptacle proyided for the
use of a specific business or premises, or in or around the can or container at a
residence.
2. It is a yiolation of this Chapter for any person to place solid waste at a premises
within the City limits that is not generated at the commercial, residential, or multi-
family premises.
G. Disposal Of Waste: It is a yiolation of this Chapter for any person to throw, discard or
deposit any solid waste in or upon any street, alley, sidewalk or yacant ground, or in
or upon any canal, irrigation ditch, drainage ditch or other watercourse. (Ord. 851, 12-
7-1999)
Solid Waste Ordinance - Page 7 of21
4-1-éll: NUISANCE DECLARED:
Failure of an owner or occupant of any commercial, residential, or multi-family premises
to receiye regularly scheduled adequate solid waste collection service is herein declared a
public nuisance by the City. The City shall haye the authority to order the abatement of
such nuisance at the expense of the owner or occupant of the premises. This shall not
limit the right of the City or the owner to seek recoyery against other responsible persons.
(Ord. 851, 12-7-1999)
4-1-712: STORAGE OF SCRAP TIRES:
Commercial business entities which store scrap tires for the purpose of salyage or reuse
shall:
A. Screen the tires from public yiew;
B. Store the tires in such a manner that yectors and pest breeding or habitat areas will be
ayoided;
C. Store or make ayailab1e no more than fifty (50) scrap tires at any giyen time;
D. Remoye all scrap tires a minimum of once per month. (Ord. 851, 12-7-1999)
4-1-&13: SPECIAL HANDLING:
Solid waste consisting only of cardboard, or wooden boxes, brush, and cuttings from
trees, lawns, shrubs, and gardens, may be kept separately without depositing in solid
waste containers, proyiding, that bulk materials, such as leayes, weeds and cuttings shall
be in a can, box, sack, or receptacle for ease ofloading and such material as brush and
limbs shall be tied in bundles not to exceed four feet (4') in length.
Nothing contained in this Section shall be construed so as to permit any yiolation of any
laws or any rules or regulations of the City's life safety and/or other uniform codes. (Ord.
851,12-7-1999)
4-1-914: COLLECTION FREQUENCY:
Franchisee shall collect solid waste from each customer at least once each week, or as
proyided by the rules and regulations of the Council as allowed in Section 4-1-10 of this
Chapter. (Ord. 851, 12-7-1999)
Solid Waste Ordinance - Page 8 of21
4-1-+915: RULES AND REGULATIONS; BOARD OF ADJUSTMENT:
The City Council, is hereby granted the authority to adopt rules and regulations
pertaining to the sanitary service system, including, but not limited to, the setting of fees
and rates and the City Council is hereby authorized to appoint a Board of Adjustment
consisting of the sanitary service system commissioners, and the sanitary service system
contractor and the City Treasurer; the Board of Adjustment shall haye the duty to propose
rules and regulations and in certain situations adjust rates and fees as necessary. (Ord.
851,12-7-1999)
4-1-++16: COLLECTION:
A. Commercial Service: Commercial solid waste service is associated with commercial
premises, including goyernmental agencies, schools, and temporary construction
actiyities. Commercial solid waste service includes waste collectionlremoyal and
recycling collection. Service will commence on a daily basis, except Sunday, at fiye
o'clock (5:00) AM. Additionally, public and priyate schools, eyen though they are
often located in residential areas, will be serviced between fiye o'clock (5:00) AM.
and seven o'clock (7:00) A.M. for safety reasons.
1. Types Of Service: The following commercial solid waste services are proyided by
the solid waste franchisee:
a. Regular Service: Franchisee shall proyide containers (95 gallons or larger) and
collect waste at least once weekly. Franchisee shall proyide the customer with a
choice of weekly thirty two (32) gallon container service (containers proyided by
customer) when:
(1) The customer can reasonably be serviced by a regular weekly residential or
commercial waste service route; and
(2) The customer does not regularly generate more than six (6) 32-gallon size
containers of solid waste per week.
b. On-Call Service: Franchisee shall proyide container and collect waste within the
next working day of a customer request. For customers choosing to use compactor
containers, the customer shall proyide the compactor and the franchisee shall
collect waste within the next working day of a customer request unless the
customer authorizes regularly scheduled collection.
c. Temporary Service: Franchisee shall proyide container and collection services to
temporary accounts for construction and demolition projects or other short-term
waste generation projects. Temporary service is proyided for a maximum of one
hundred twenty (120) days. Use ofa temporary container does not displace regular
solid waste service for the premises. Regular solid waste generated by the premises
is not permitted in a temporary container. Temporary service for construction and
Solid Waste Ordinance - Page 9 of21
demolition wastes will be limited to roll-off containers; except where construction
and demolition trash service can only be proyided with a three (3) yard container
due to inadequate space or other site location restrictions.
2. Commercial Premises Commercial Containers: Commercial premises solid waste
service is proyided with large capacity containers, which include two (2) to eight (8)
cubic yard dumpsters, front or rear loaded, and twenty (20) to forty (40) cubic yard
roll-off containers. Such containers are supplied by the solid waste franchisee and are
placed at a location specified by the customer, subject to approyal by the franchisee.
Commercial premises solid waste service also includes compactor/container service.
Customers proyide the compactor and container for this type of service. Containers
for compactor service range from two (2) to forty (40) cubic yard capacity, subject to
approYal by the franchisee for compatibility with collection yehicles.
3. Container/Compactor Sites:
a. Location Requirements:
(I) Permanent Containers: For any area under a customer's ownership or control,
including driyeways and/or any other access route, as well as the container
location, customers shall haye a sufficient foundation to support the collection
yehicle weight. Vehicle weights yary, but range between twenty (20) and thirty
(30) tons. Customers will be required to indemnify the City of Meridian and the
Franchisee for road surface damage prior to service being proyided.
(2) Temporary Container Requirements: Temporary containers are placed at the
customer's direction, if franchisee approyes the location for space requirements
and safety. Containers shall not be placed in a street without prior approyal and
permit from the Ada County Highway District (ACHD). Nor shall they obstruct
the public right of way or pedestrian traffic.
(3) Compactor Containers: Compactor customers must contact the franchisee in
adyance to ensure that the compaction unit is compatible with collection yehicles
and equipment and to ensure the location allows proper access for collection.
Minimum height and width clearances will yary depending upon the compaction
equipment.
b. Appearance: All commercial property owners shall maintain, clean, and largely
shield from yiew all commercial solid waste collection equipment from public
streets by walls, fences, earthen berms, or eyergreen landscaping forming an
opaque, attractiye sight barrier. All such barriers shall comply with all applicable
City ordinances, requirements and/or limitations, including location and height. No
commercial collection location shall be on a public right of way unless an
appropriate yariance is granted by the ACHD. No commercial collection location
Solid Waste Ordinance - Page 10 of21
shall block pedestrian traffic. Existing commercial solid waste collection sites shall
be largely shielded from yiew within three (3) years of the effectiye date hereof.
c. Cleanliness: Customers shall keep the container location, and the containers, in a
sanitary condition. The outside of the container shall be kept clean and free from
accumulating grease, decomposing materials, and litter. Loose solid waste must be
deposited in containers for collection. Failure to comply with this subsection is
herein declared a public nuisance. Franchisee workers do not normally clean up the
premises. Howeyer, cleanup services can be proyided at an additional service
charge. Where determined necessary to protect the health or safety of the public
and enyironment, the City may order a customer to clean the area. Franchisee shall
clean up any spillage that occurs during collection services. Customers shall keep
the interior of the container in a sanitarY condition.
Customers shall keep !fte il!terier of the eofltaifter in a sanitary e6nffitioR.
d. Contents: Contents of a waste container must be able to fall freely from the
container when emptied. Container lids must be in a completely closed position
and swing freely open when the container is emptied. Containers must be packed to
allow easy emptying of contents when inyerted.
e. Frequency Of Collection: The choice of container size and frequency of service
is at the customer's option, except that all regular service customers, and customers
generating wet or putrescible wastes, shall be collected no less than once per week.
Temporary and on-call services, not generating wet or putrescible wastes, must
receiye at least monthly service, unless the City determines another minimum
service interval is appropriate, considering protection of the enyironment and
public health and safety.
B. Residential Premises Service: Residential premises solid waste service is proyided to
residents of Meridian by a franchisee. This service is proyided to allow residential
premises customers to meet solid waste disposal requirements of the City. Solid waste
intended for disposal shall be placed in containers supplied by the customer or toter
carts ayailable from the franchisee at an additional cost.
1. Mandatory Payment For Services: In order to maintain the public health, safety,
and aesthetics of the City, all owners and/or occupants are required to pay for, and are
proyided, solid waste collection services.
2. Types Of Service: The following residential solid waste services shall be proyided
by the solid waste franchisee:
a. Regular Service: Customer shall proyide the solid waste container(s) and
franchisee shall collect the waste on a weekly basis.
Solid Waste Ordinance - Page 11 of21
b. Carryout Service: At customer request, franchisee shall enter customer's
property, but not enclosed structures, to collect solid waste containers and
recycling bins. Franchisee may require the customer to execute a "saye and hold
harmless agreement" prior to receiying this service.
c. ADA (Americans With Disabilities Act) Service: The franchisee shall proyide
carryout service for solid waste and recyclable materials at no extra charge to those
who haye a "disability" as hereinafter defmed and who haye no one else in the
household that can take the solid waste container(s) to the curb/alley. Howeyer, the
regular residential solid waste collection fee shall be charged.
In order to qualifY for the lower rate for carryout service, indiyiduals must haye a
written certification from a licensed physician yerifYing that the applicant's
impairment qualifies as a disability and preyents them from utilizing curbside service.
In addition the applicant must certifY that there is no other person in the indiyidual's
household that can carry the solid waste container(s) to the curb/alley.
"Disability", for this purpose, is defined as a physical or mental impairment, whether
permanent or temporary, that limits caring for oneself, performing manual tasks of
walking, or lifting so as to place a solid waste container at the curbside.
Application for the disability discount are ayailable from the utility billings
department at City Hall.
d. Appliances: Franchisee shall collect major appliances upon resident request and
shall deliyer the appliance to a recycling facility. Customers must contact
franchisee for collection services. Franchisee. is responsible for ensuring that
refrigerants and compressor oils contained in the appliance, if any, are recycled
according to applicable regulations. Appliance collection is offered once weekly.
e. Bulky Wastes: Franchisee shall collect bulky wastes within twenty four (24)
hours of customer request on normal business days or on the normal solid waste
collection day. Franchisee is not required to enter premises to collect bulky wastes.
Customer shall conyey bulky wastes to the curbside for collection.
f. Christmas Trees: Following Christmas each year, on dates specified by the City,
franchisee shall proyide separate collection for Christmas trees prepared for
recycling.
3. Residential Premises Service Containers:
a. It shall be the duty of eyery owner or occupant of any residential premises to at
all times keep or cause to be kept portable aboyeground containers consisting of
metal or other approyed type of container for the deposit therein of solid waste and
except as otherwise proyided, to deposit or cause to be deposited all solid waste
therein. All solid waste shall, before deposit in such container, or tightly closed 1.5
Solid Waste Ordinance - Page 12 of21
mil plastic bags, be free of any liquids. All such containers shall be watertight, not
easily corrodible, rodent and flyproof, and shall be equipped with handles and a
close fitting lid. Such containers shall not be less than twenty (20) gallons capacity
or more than thirty two (32) gallons capacity, and limited to sixty fiye (65) pounds
in weight. The containers shall not be less than twenty eight (28) gauge metal or
the equiyalent, and be hot-dipped after fabrication to ensure nonleaking containers
or a can that is guaranteed by the manufacturer, and also labeled, to be leakproof
regardless of manufacturing processes.
b. Container lids must be in a completely closed position and open freely to allow
the container to be emptied. Containers must be packed to allow easy emptying of
contents when inyerted,Jilie contents must fall freely from the container when
emptied. Containers must haye sturdy handles and shall be replaced by the
customer when the containers are no longer functional or when determined by the
franchisee to be unsafe for further use. Wheneyer solid waste is placed therein or
taken from such lid shall be replaced by the person placing or taking from such
solid waste. Such containers shall be kept in sanitary condition, with the inside and
outside thereof washed at such times as to keep the same free and clean of all
accumulating grease and decomposing material and so that no odor nuisance shall
exist. All solid waste containers shall be kept in a place accessible to the collector
proyided that in the case of isolated dwellings or places of business or where
reasonable access cannot be had by a truck, the containers may be kept in such
places as may be agreed by the owner and collector, or at such place as may be
designated by the inspector; proyided further, that whereas there is no alley
entrance, such containers shall be placed on the street curb on collection day.
c. Tree trimmings and similar solid waste should be tied in bundles not to exceed
four feet (4') in length and two feet (2') in diameter.
d. Ninety (90) to ninety fiye (95) gallon toter carts may be ayailable from the
franchisee for a monthly rental fee. Carts may be used in conjunction with
additional customer furnished containers and do not limit the amount of waste that
can be placed at the curbside. The maximum weight limit of a toter cart is one
hundred fifty (150) pounds.
4. Location:
a. Residential premises solid waste shall be placed as close to the curb as possible,
or in alleys if the property has alley access. In no case shall a container be more
than 4 feet from the curb for collection. The solid waste containers shall be clear
of pedestrian and yehicular traffic at all times. Solid waste containers shall be
clearly yisible and accessible to the waste collection personnel and free from
obstructions including, but not limited to, trees, shrubbery, fences, yehicles, and
walls. Franchisee shall not be required to pass through any doors or gates, cross
flower beds or lawns, go through hedges, or place themselyes in any situation
which could jeopardize their health or safety.
Solid Waste Ordinance - Page 13 of21
b. The franchisee shall not be required to remoye solid waste from in-ground or
sunken locations. Any customer who has such a location shall be responsible for
placement of the container, with lid, aboyeground.
c. The franchisee shall only service customers on public rights-of-way unless
authorized to the contrarY by the owner of a non-public right-of-way.
Authorization shall include a road damage waiyer for the City and the Franchisee.
eg. The franchisee shall return all emptied containers to the approximate location
where the customer placed them. The franchisee shall close any can or container as
securely as possible to preyent the lid from blowing away, or preyent moisture
from entering the can or container.
~. For carryout service, customers shall store prepared containers in unlocked
areas clearly yisible to the franchisee workers from the street or alley from which
normal collections are made. If the yard is locked or there is an animal which
appears unfriendly, the customer shall place the can or container outside the fence
or animal's domain.
5. Cleanliness: Customers shall keep containers in a sanitary condition with the
outside thereof clean and free from accumulating grease, decomposing material and
litter. Loose solid waste must be deposited in containers for collection. Franchisee
workers shall make a reasonable effort to pick up all material blown or littered during
the course of collection. Howeyer, they do not normally clean up messes caused by
improper waste set out. In the case of a recurring problem, the franchisee may leaye
the resident a notice describing the problem.
6. Containers Set-Out And Bring-In: Residential premises solid waste shall be placed
at the curb for collection no later than seyen o'clock (7:00) AM. on the regularly
scheduled day, but no sooner than the eyening prior to collection. Residential solid
waste customers using alley collection locations shall ensure containers are placed in
an accessible location in the alleyway by seyen o'clock (7:00) AM. on the regularly
scheduled collection day. Alleyway customers must maintain the solid waste
collection area to ensure no yectors, rodents, or animals are attracted to the solid
waste containers and to ensure a nuisance is not created or maintained. Residents who
put their solid waste out after the collection truck has serviced their area or haye had
the solid waste containers blocked or hidden from yiew by an object such as a
yehicle, shall be responsible for contacting the franchisee for a special collection. If
the containers are placed after the area has been serviced, the franchisee may charge a
special "callback" rate established by the City; or the customer may store the solid
waste until the next regularly scheduled day for collection. Residents who haye
curbside service must relocate their empty containers back to a location within fiye
feet (5') of their home within twenty four (24) hours of being serviced. It is a yiolation
of this Chapter if a residential premises customer who places residential/commercial
can or toter at curb for collection does not remoye the same from the curb within
twenty four (24) hours of the day of collection.
Solid Waste Ordinance - Page 14 of21
7. Used Motor Oil: Used motor oil must be placed in leakproof, preferably see-
through, unbreakable, plastic containers of not more than two (2) gallons with a screw
on lid. Containers will be clearly marked by the resident as "OIL". No other fluids are
to be included. Limited to two (2) gallons per week.
Used motor oil shall be placed near, but not in, the recycling bin or trash container for
collection. If the used oil container is to be returned to the customer it must be
marked, in legible letters "SAVE".
8. Appliances: Customer must drain all moisture and water and remoye all solid waste
and food products from refrigerators, freezers or other appliances prior to collection
by franchisee. Appliances must be readily ayailable for collection by franchisee
workers. Franchisee shall not be required to enter any building or structure to remoye
the appliance or other item.
9. Bulky Waste: Franchisee shall proyide special collection service for bulky waste
items upon request by the customer. Bulky wastes must be readily ayailable for
collection by franchisee workers. Franchisee shall not be required to enter any
building or structure to remoye the appliance.
10. Christmas Trees: Customers participating in the annual Christmas tree recycling
program must remoye all ornaments, lights, tinsel, and tree stands from the tree prior
to placing it at the curb or alley for collection. Branches and tree trimmings may also
be set out for collection with Christmas trees. Trees and branches should be cut to
four feet (4') or less and bundled as needed.
11. Animal Feces: All animal feces must be securely contained in a leakproof bag or
container before being placed in a can or bag for routine collection. Waste
receptacles with unbagged feces will not be collected.
+1-12. Franchisee/Licensee Responsibilities: When the franchisee/licensee encounters
improperly prepared solid waste, such as oyerweight containers, waste which is too
tightly packed to fall from the can, Christmas trees with stands or ornaments, etc., the
franchisee shall collect any properly prepared waste and leaye the improperly
prepared material. The date and service address shall be noted on the notice. The
franchisee shall keep a copy of this information and supply a copy to the City upon
request.
H13. Frequency of Collection: All residents of the City shall be proyided solid waste
collection service once per week on a day determined by the .franchisee in
consultation with the City Council.
H14. Missed Collection: Customers should contact the franchisee to report any
missed collection. Franchisee shall promptly respond to reports of missed collections.
A complaint of a missed collection receiyed by the franchisee from a residential
customer shall be resolyed within one business day of the customer's report. The one
Solid Waste Ordinance - Page 15 of21
business day deadline does not apply ifthe missed collection occurred due to late or
improper set out by the customer. Each customer failure must be documented by the
franchisee through yerifiable means such as logbook, and in the' case of improper set
out, by a copy of the customer notice. If the complaint is a documented customer
responsibility, the customer shall be offered the option of haying a special collection
at the "callback" rate established by the City, or storing the solid waste until the next
regular collection day.
C. Multi-Family Premises Service: Multi-family premises solid waste service is proyided
to premises with multi-unit dwellings of more than one residence on a single site.
Multi-family premises include multiplex dwellings, apartments, condominiums, and
manufactured home parks where the solid waste is billed under a master billing.
Multi-family does not include dwelling hotels, motels, hospitals, nursing homes, or
other congregate housing, care, or institutional facilities. Multiple-family dwellings of
four (4) or fewer units may use either can service or central solid waste collection
service. Multiple-family dwellings offiye (5) or more units shall use central solid
waste collection services.
Multi-family premises solid waste service is proyided with large capacity containers,
which include two (2) to eight (8) cubic yard dumpsters, front or rear loaded, and
twenty (20) to forty (40) yard roll-off containers. Such containers are supplied by the
solid waste franchisee and are placed at locations specified by the customer and
acceptable to the franchisee.
Multi-family premises solid waste service can also include compactor container
service. Customers desiring compactor service proyide the compactor for this type of
service. Containers for compactor service range from two (2) to forty (40) cubic yard
capacity, subject to approyal by the franchisee for compatibility with the collection
yehicles.
1. Mandatory Service: In order to maintain the public health, safety, and aesthetics of
the City, all multi-family premises are required to pay for, and are proyided, solid
waste collection services.
2. Types Of Service: The franchisee shall proyide the following multi-family
premises solid waste services:
a. Regular Service: Franchisee shall proyide containers and collect waste at least
once weekly. If the customer chooses to use a compactor, the customer shall
proyide the compactor and the franchisee shall collect the solid waste at least once
each week.
b. Temporary Service: Franchisee shall proyide container and collection services to
temporary accounts for construction and demolition projects or other short-term
waste generation projects. Temporary service is proyided for a maximum of one
hundred twenty (120) days. Use of a temporary container does not displace regular
Solid Waste Ordinance - Page 16 of21
solid waste service for the premises. Regular solid waste generated by the premises
is not permitted in a temporary container.
c. Appliances: Franchisee shall collect major appliances and shall deliyer the
appliances to a recycling facility. Customers must contact franchisee for collection
services. Franchisee shall be responsible for ensuring that refrigerants and
compressor oils contained in the appliance, if any, are recycled according to
applicable regulations. Franchisee shall not be required to enter any building or
structure in order to remoye any appliance. Appliance collection is offered weekly.
3. Solid Waste Containers: The franchisee shall proyide a container of adequate size
to accommodate the type of service requested by the customer.
Customer-owned compactors can yary in size and are subject to approyal by the
franchisee for yehicle compatibility.
4. Container/Compactor Sites:
a. Location Requirements: For any area under a customer's ownership or control,
including driyeways or any other access route, as well as the container location,
customers shall haye a sufficient foundation to support the collection yehicle
weight. Vehicle weights yary, but range between twenty (20) and thirty (30) tons.
Temporary containers are placed at the customer's direction, if franchisee personnel
approye the location for space requirements and safety. Containers shall not be
placed in a street without prior approyal and permit from the Ada County Highway
District. Containers shall not obstruct the public right of way or pedestrian traffic
without prior approyal.
Compactor customers must contact the franchisee in adyance to ensure that the
compaction unit is compatible with collection yehicles and equipment and to
ensure the location allows proper access for collection. Minimum height and width
clearances will yary depending upon the compaction equipment.
5. Appearance: Eyery multi-family premises solid waste collection location shal1.be
maintained properly, cleaned, and largely shielded from yiew from public streets by
walls, fences, earthen berms, or eyergreen landscaping forming an opaque, attractive
sight barrier. No collection location shall be on a public right of way unless an
appropriate yariance is granted by ACHD. No collection location shall block
pedestrian traffic.
6. Cleanliness: Customers shall keep the container location, and the containers, in a
sanitary condition. The outside of the container shall be kept clean and free from
accumulating grease, decomposing materials, and litter. Loose solid waste must be
deposited in containers for collection. Franchisee workers do not normally clean up
Solid Waste Ordinance - Page 17 of21
the premises. Howeyer, cleanup services can be proyided at an additional service
charge.
7. Contents: Contents of a waste container must fall freely from the container when
emptied. Container lids must be in a completely closed position and swing freely
open when the container is emptied. (Ord. 851, 12-7-1999)
4-1-H17: SITE PLAN FOR COMMERCIAL OR MULTI-FAMILY NEW
CONSTRUCTION OR REMODELS:
A. Customers are responsible for obtaining plan approYal from the City for all proposed
solid waste storage and collection areas. This requirement shall apply wheneyer new
construction or remodeling occurs on commercial or multi-family premises. Site plan
approyal shall be based on the following requirements:
1. All commercial containers must be placed on a fIrm, leyel surface pad of concrete
or asphalt at least three inches (3 ") thick. Customers shall accept the risk that asphalt
surfaces may sink or become uneyen or unserviceable;
2. The surface pad must be at least twelye feet (12') wide by ten feet (10') deep for
solid waste collection, and seyenteen feet (17') wide by ten feet (10') deep if other
waste activities are occurring (i.e., grease collection, recycling);
3. Gates must be constructed to rest in an open position to ayoid swinging shut during
pickup;
4. The site shall proyide adequate turning space for the waste collection yehicle.
Adequate turning space shall mean a minimum turning radius of forty fiye feet (45');
5. The site shall proyide adequate space to allow the collection yehicle to back up a
distance of at least fifty feet (50'); and
6. The site shall proyide at least fourteen feet (14') yertical clearance and twelye feet
(12') width driye clearance. Additionally, front load containers must haye at least
twenty feet (20') yertical clearance at the container. Customers are required to remoye
any yertical height obstacles.
B. Site plan submissions shall include an accurate plan of the entire area for which
service is to be proyided. The plan shall be drawn accurately, at a scale adequate to
show clearly all the following data:
1. Lot lines;
2. Existing and planned buildings;
3. Proposed collection location and sight shielding;
Solid Waste Ordinance- Page 18 of21
4. All existing and planned sidewalks, curb cuts, driyes, parking spaces, landscaping,
freestanding signs, posts, poles (i.e., streetlight, telephone, and electric poles), and
other structures that may affect solid waste collection;
5. The location of all public rights of way, fire hydrants, sidewalks, and public
transportation stops located on the premises and/or adjacent to the premises; and
6. Adjacent structures, including distances to nearest residential areas. (Ord. 851, 12-
7-1999)
4-1--1.Jl.!!.: COLLECTION FEES:
Fees and rates for the collection of solid waste shall be set by rules and regulations of the
City Council.
The City utility billing department may require a deposit as a condition of initiating,
continuing, or restoring temporary or on-call service. (Ord. 851, 12-7-1999)
4-1--1419: METHOD OF COLLECTION:
Fees shall be billed to and paid by the owner of the premises that is served by the sanitary
service system. Fees shall be carried on the water bill, and the same shall be paid with the
water bill, and the Water Department is authorized to discontinue service to the owner's
premises if the utility bill is not paid. Said sanitary service system fees that become
delinquent shall be treated the same as water delinquent fees and shall be subject to the
same penalties, including the same shall become a lien on the premises and shall be
collected with the taxes. Further, any owner leaying a delinquency at one location shall
not be entitled to service at a new location until all delinquencies in sanitary service
system fees are paid.
In case of nonpayment, or delinquency in payment, of accounts that do not haye
associated water system charges the solid waste service may be suspended until such time
as all charges and fees (including late fees and penalties) are currently paid. (Ord. 851,
12-7-1999)
4-I-H20: DISPOSITION OF FEES:
The proceeds from the collection of fees and charges herein proyided shall be placed in a
special fund to be known as the "solid waste collection account", and all expenses of the
City in the operation of the sanitary collection system shall be paid out of such fund and
any surplus remaining therein at the end of each fiscal year may be transferred by the
Council to the General Fund. (Ord. 851, 12-7-1999)
4-1-lé21: INSPECTION; RIGHT OF ENTRY:
Solid Waste Ordinance - Page 19 of21
The Chief of Police, or such person as may be designated as the Sanitary Inspector, or
any other person concerned with the enforcement of laws shall haye the right of ingress
or egress to any premises for the purpose of inspecting all places and containers where
solid waste is accumulated or kept. (Ord. 851, 12-7-1999)
4-1-++22: FRANCHISES; LICENSING; CONTRACTING; BOND:
A. The Mayor and Council haye the sole authority to select and approye all persons who
shall enter into a franchise or license agreement; contract to perform all services
pertaining to sanitary collection and disposal under the proyisions of this Chapter; to
establish reasonable fees for licenses; and may establish reasonable rules and
regulations goyerning the conduct and operation of such licensee or contractor.
The Council may require of any such franchisee, licensee, or contractor a bond in a
reasonable amount, and the condition of which shall be the satisfactory performance
of the contract.
B. Any person using three (3) or more yehicles or if anyone yehicle is a single or
combination yehicle with a gross yehicle weight rating (GVWR) oftwenty six
thousand one (26,001) or more that proyides solid waste collection services within the
Meridian City limits must execute a solid waste collection franchise agreement with
the City. Collection of solid waste within the Meridian City limits without a yalid
franchise or license agreement is a yiolation of this Chapter subject to the penalties
contained in Section 4-1-18 of this Chapter.
C. Any person using fewer than three (3) yehicles and the gross yehicle weight rating
(GVWR) of each yehicle is less than twenty six thousand one (26,001) in a single or
combination yehicle, that is engaged in the collection and hauling ofrecyclable
materials within the Meridian City limits must execute a recyclable materials
collection license agreement with the City. Collection of recyclable materials within
the Meridian City limits without a yalid license agreement is a yiolation of this
Chapter, subject to the penalties contained in Section 4-1-18 of this Chapter.
D. The actual producers of the solid waste and/or recyclable materials, or owners and
occupants of the premises upon which such waste is generated, may collect, conyey
and dispose of such waste and/or materials, proyided that their actions comply with
all other proyisions of this Chapter.
E. A ciyic, community, beneyolent, or charitable nonprofit organization that collects,
transports and markets source-separated materials for recycling only for the purpose
of raising funds for that organization shall not be required to obtain a license or
franchise from the City.
F. Any person engaged in the occupation of a demolition or construction contractor or
landscaper who produces incidental yolumes of solid waste as a result of such work
may collect, conyey, and dispose of such waste, proyided that their actions comply
Solid Waste Ordinance - Page 20 of21
,
with all other proyisions of this Chapter and the COnyeyance of such waste occurs in
yehicles that are owned by the contractor. (Ord. 851, 12-7-1999)
4-1-1-&23: PENALTY:
The yiolation of any of the proyisions of this Chapter or the rules and regulations adopted
hereunder shall be a misdemeanor punishable as proyided in Section 1-4-1 of this Code.
(Ord. 370, 5-19-1980; amd. 1999 Code)
Section 2.
That pursuant to the affirmatiye yote of the Council, this
Ordinance shall be in full force and effect upon its passage, approyal and publication.
P ~SSED by the City Council of the City of Meridian, Idaho, this I r day
of A pr.l ,2005.
APPROVED by the Mayor of the City of Meridian, Idaho, this ~day of
Apri \ ,2005.
PROVED:
Solid Waste Ordinance - Page 21 of2i