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HomeMy WebLinkAbout851 Sanitary Service System ORDINANCE NO. £3 5/ AN ORDINANCE OF THE CITY OF !vŒRIDIAN RELATING TO SANITARY SERVICE SYSTEl'vl, REPEALING CHAPTER I, TITLE 4 OF THE !vŒRIDIAN CITY CODE; PROVIDING FOR A NEW CHAPTER I, TITLE 4 OF THE MERIDIAN CITY CODE TO BE KNOWN AS "SANITARY SERVICE SYSTEIvl"; PROVIDING FOR DEFINITIONS, ESTABLISHING A RESPONSIBLE AUTHORITY FOR THE ENFORCEl'vŒNT OF THE PROVISIONS OF THE CHAPTER; PROVIDING FOR CO!vlPULSORY USE SOLID WASTE COLLECTION; PROVIDING FOR SOLID WASTE COLLECTION, TRANSPORTATION Al'\TD DISPOSAL AND MAIGNG IT UNLAWFUL TO CONDUCT SUCH BUSINESS WITHOUT A FRANCHISE; PROVIDING THAT IT IS UNLAWFUL TO ACCUMULATE SOLID WASTE AND DECLARING IT TO BE A PUBLIC NUISANCE; PROVIDING FOR REGULATION OF WASTE RESULTING FROM CONSTRUCTION ACTIVITIES AND COMPOST PILES; PROHIBITING OPEN BURNING AND DUMPING OF SOLID WASTE; PROVIDING FOR THE REGULATION OF THE LOADING OF CONTAINERS; PROVIDING THAT IT IS UNlAWFUL FOR CUSTOMERS TO DEPOSIT PROHIBITED WASTES NOT IN COMPLIANCE WITH THE ORDINANCE; DEFINING AND MAIGNG THE THEFT OF COLLECTION SERVICES UNLAWFUL; PROVIDING THAT IT IS A VIOLATION OF THE ORDINANCE FOR PERSONS TO DISCARD SOLID WASTE IN SPECIFIED LOCATIONS SUCH AS STREETS, ALLEYS, VACANT LOTS, ETC.; PROVIDING FOR THE REGULATION OF THE STORAGE OF SCRAP TIRES; PROVIDING FOR SPECIAL HANDLING OF SOLID WASTE MATERIALS, PRESCRIBING COLLECTION FREQUENCY; PROVIDING FOR A BOARD OF ADJUSTMENT AND ITS AUTHORITY TO PRESCRIBE RULES AND REGULATIONS AND TO ADJUST RATES; PROVIDING FOR THE REGULATION OF COMMERCIAl, RESIDENTIAL, AND MULTI.FAMILY PREMISES SERVICE; REQUIRING A SITE PLAN FOR COMMERCIAL OR MULTI-FAMILY NEW CONSTRUCTION OR REMODELS; PROVIDING FOR COLLECTION FEES AND A METHOD OF COLLECTION AND DISPOSITION OF FEES; PROVIDING FOR A RIGHT-OF-ENTRY TO PREMISES FOR INSPECTION; PROVIDING FOR FRANCHISEE LICENSING; CONTRACTING AND BONDING OF ALL SERVICES PERTAINING TO SANITARY COLLECTION AND DISPOSAL OF SOLID WASTE; AND PROVIDING FORAN EFFECTIVE DATE. Page 1 of 22 (B) (C) (D) (E) (F) NO\N, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION I: That Chapter I of Title 4 of the Meridian City Code, be, and the same is hereby repealed. SECTION 2: That Title 4 of the Meridian City Code, be, and the same is hereby amended by the addition thereto of a new Chapter I, to be known and designated as Chapter I, Title 4, Meridian City Code, and to read as follows: CHAPTER I SANITARY SERVICE SYSTEM 4-101 : D EFINITI 0 N S: (A) Ada County Highway District (ACHD) shall mean the Ada County Highway District, a county wide highway district of Ada County, Idaho, duly formed and existing under Chapter 14 of Title 40, Idaho Code. Bulky Waste shall mean waste materials intended for landfill disposal, except for major appliances; with sizes, weights or volumes 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 shall mean the City of Meridian, Idaho. Commercial premises shall mean business, industrial, and institutional premises and activities, as distinct from residential or multi-family premises. Customer shall mean 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, provided. Franchisee shall mean any person authorized by the City of Meridian, or employed by Page 2 of 22 (L) (M) (N) 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 or 1\(eridian. (G) Ha:::ardollS i'vlaterials or vVastes shajl mean any chemical, compound, mixture, substance or article which is designated by the United States Environmental 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. (H) [mpector shall mean the authorized employee or employees of the City of Meridian or some individual designated by the City Council as having the dUty of enforcement of th is Chapter. (I) i'vfzLlti-Fmnily Premises shall mean 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 provided by the Franchisee rather than individual solid waste can service. Multi-Family does not include dwelling hotels, motels, hospitals, nursing homes, or other congregate housing, care, or institutional facilities. (J) Occupant shall mean 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. (Ord. 375,7-7-80) Overloading shall mean exceeding the container weight capacity or allowance, allowing objects to protrude outside of the container, or stacking objects against the container. (K) Owner shall mean the person owning the real property where solid waste is created or accumulated. Person shall mean any person, firm, partnership, association, institution, limited liability company, corporation, trust and/or any other legal entity whether for profit or nonprofit, public or private, and in the plural as well as singular. (Ord. 95, 6-2-58) Prohibited waste includes any wastes that have any of the following general characteristics: a. b. extreme temperature; harmful vapors; the presence of corrosive, flammable, explosive or toxic chemicals; any materials with physical or other properties which render collection operations hazardous; or any materials which create a risk to the environment or public health c. d. e. Page 3 of 22 (Q) (R) 4~ 1 02: and safetv. In addition co wastes with the general characteristics described above. prohibited wastes include: a. b. Liquid wastes, both bulk and contained; Tires; Any material regulated by the State of Idaho or the United States Environmental Protection Agency (40 CFR 260 - 268) as hazardous waste; Any equipment or machines containing refrigerants; Infectious wastes generated from business sources such as hospitals, clinics, medical, surgical, dental, nursing homes, veterinarian offices, and laboracories. 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 Dead animal remains in an amount exceeding twenty-five (25) pounds, excluding animal carcasses if broken down and placed into plastic solid waSle bags and into a lidded, air and water-tight container. c. d. e. f. (0) Putrescible Waste shall mean wastes that can decay and stink or become putrid. (P) Residential Premises shall mean 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 shall mean all materials discarded for disposal, putrescible and non-putrescible solid and semi-solid waste material including solid waste, rubbish, demolition and construction wastes, industrial wastes, vegetable solid and semi.solid wastes, dead animal remains in amounts not to exceed twenty-five (25) pounds, reusable or recyclable material, bulky goods, and other discarded solid and semi-solid wastes. Vector shall mean an organism that can transmit disease. RESPONSIBLE AUTHORITY: The Chief of Police of the City of Meridian and such other persons as may be appointed by Page 4 of 22 the Mayor and Council, shall be responsible for the enforcement of the provisions 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. 4~ 1 03: (A) (3 ) 4-104: COMPULSORY USE REQUIRED: In order to maintain the public health. safety, and aestheÜcs of the city, all owners and/or occupants are required to pay for, and are provided, so!id waste collection services. Provided, 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 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 conveying any solid waste over 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 representative of the City of Meridian. 4.105 : (A) PROHIBITIONS: ACCUMULATION OF SOLID WASTE: 1. It is a violation of this chapter for any person to permit or to suffer to accumulate in or about any yard, lot, place or premise, or upon any street, alley or sidewalk adjacent to such lot, yard, place or premise owned or occupied by such person, any solid waste so as to cause such yard, lot, premise, or the street, alley or sidewalk adjacent thereto, to be or remain in such condition as to cause or create a nuisance or offensive odor or atmosphere or vector harborage, or thereby to be or to become, or cause or create, a public nuisance, within the limits of the City of Meridian. Any such unauthorized accumulation or collection is declared a nuisance and prohibited. 2. Waste resulting from construction activities may be collected within an active 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 removed and disposed properly from the site prior to the end of the construction project. Page 5 of 22 3. (B) Compost piles may be maintained for fertilizaLÌon purposes and matter Llsed for fertilization purposes only may be transported. kept and used, provided, that the same shall nOt be maintained so as to cause a condition of odor and/or site visibility and/or other conditions relaLÌve to inseCts or disease that effects neighboring properties, causes harmful vapors or constitute a risk to the environment or public health and safety. BURNING AND DUMPING: It is a violation 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. (C) OVERLOADING CONTAINERS: It is a violation of this chapter for any customer to load a waste container beyond its volume 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 loaded container, are: Residential Bags Residential/Commercial Containers Residential/Commercial Toters 2 cubic yards 3 cubic yards 4 cubic yards 6 cubic yards 8 cubic yards 20 cubic yards 30 cubic yards 35 cubic yards 40 cubic yards thirty-five (35) pounds sixty-five (65) pounds one hundred and fifty (150) pounds Front-Load Containers three thousand (3,000) pounds three thousand (3,000) pounds four thousand (4,000) pounds five thousand (5,000) pounds five thousand (5,000) pounds twenty thousand (20,000) pounds twenty thousand (20,000) pounds twenty thousand (20,000) pounds twenty thousand (20,000) pounds Rear Load Containers two thousand four hundred (2400) two thousand four hundred (2400) two thousand four hundred (2400) two thousand four hundred (2400) two thousand four hundred (2400) Customers shall be responsible for damages, costs, expenses, fines or penalties, including tickets issued to Franchisee for overweight vehicles, which arise out of 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, Page 6 of 22 industrial, residential, and multi-family premises wastes. It is a violation 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 vVASTE OR RECYCLABLES: I. 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 violation of this chapter for any person to take, examine, uncover, snoop in, separate, gather, collect or salvage 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 violation 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 provided for the use of a specific business or premises, or in or around the can or container at a residence. 2. It is a violation of this chapter for any person to place solid waste at a premises within the City limits of Meridian that is not generated at the commercial, residential, or multi-family premises. DISPOSAL OF WASTE: (G) It is a violation of this chapter for any person to throw, discard or deposit any solid waste in or upon any street, alley, sidewalk or vacant ground, or in or upon any canal, irrigation ditch, drainage ditch or other water course. (Ord. 95, 6.2.58) 4.106: NUISANCE: Failure of an owner or occupant of any commercial, residential, or multi-family premises to receive regularly scheduled adequate solid waste collection service is herein declared a public nuisance by the city. The city shall have 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 recovery against other responsible persons. 4.107: STORAGE OF SCRAP TIRES: Page 7 of 22 Commercial business entities which stOre scrap tires for the purpose of saJvage or reuse shall: 4.108: 1. Screen the tires from public view; 2. Store the tires in such a manner that vectors and pest breeding or habitat areas wi!! be avoided: 3. StOre or make available no more than 50 scrap tires at any given time; 4- Remove aU scrap tires a minimum of once per month. 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, providing, that bulk materials, such as leaves, weeds and cuttings shall be in a can, box, sack, or receptacle for ease of loading and such material as brush and limbs shaH 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 violation of any laws or any rules or regulations of the City's Life Safety and or other Uniform Codes. 4-109: COLLECTION FREQUENCY: Franchisee shall collect solid waste from each customer at least once each week, or as provided by the rules and regulations of the Council as allowed in SeCtion 7-308A. 4.ll0: RULES AND REGULATIONS AND BOARD OF ADJUSTMENT: The City Council of the City, 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 have the duty to propose rules and regulations and in certain situations adjust rates and fees as necessary. (Ord. 370, 5-19-80) 4~ III : (A) COLLECTION: COMMERCIAL SERVICE Commercial Solid Waste Service is associated with commercial premises, including governmental agencies, schools, and temporary construction activities. Commercial Solid Page 8 of 22 vVaste Service includes waste collection/removal and recycling collection. Service wil! commence on a daily basis, except Sunday, at 5 :00 A1vL Additionally, public and private schools, even though they are often located in residential areas, will be serviced between 5:00 ¡\1\¡1 and ï:OO AM for safety reasons. (1) Types of Service The following Commercia! Solid Waste Services are provided by the solid waste Franchisee: a. Regular Service Franchisee shall provide containers and collect waste at least once weekly. Franchisee shall provide the CustOmer with a choice of weekly 32 gallon container service (containers provided by custOmer) when: 1. The customer can reasonably be serviced by a regular weekly residential waste service route; and 2. The custOmer does not regularly generate more than six (6) thirty-two (32) gallon size containers of solid waste per week. b. On Call Service Franchisee shall provide container and collect waste within the next working day of a custOmer request. For custOmers choosing to use compactor containers, the customer shall provide the compactor and the Franchisee shall collect waste within the next working day of a customer request. c. Temporary Service . Franchisee shall provide container and collection services to temporary accounts for construction and demolition projects or other short-term waste generation projects. Temporary service is provided for a maximum of 120 days. Use of a 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 & demolition wastes will be limited to roll-off containers; except where construction and demolition trash service can on'¡y be provided with a 3-yard container due to inadequate space or other site location restrictions. (2 ) Commercial Premises Commercial Containers Commercial Premises Solid Waste Service is provided with large capacity containers, which Page 9 of 22 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 approval by the F ranch isee. Commercial Premises Solid vVaste Service also includes compactOr-container service. CustOmers provide 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 approval by the Franchisee for compatibility with colleCtion vehicles. (3) Container/CompactOr Sites a. Location Requirements 1. Permanent Containers. For any area under a customer's ownership or control, including driveways and/or any other access roUte, as well as the container location, custOmers shall have a sufficient foundation to suPPOrt the collection vehicle weight. Vehicle weights vary, but range between twenty and thirty tons. 2. Temporary Container Requirements. Temporary containers are placed at the Customers direction, if Franchisee approves the location for space requirements and safety. Containers shall not be placed in a street without prior approval 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 cùstomers must contact the Franchisee in advance to ensure that the compaction unit is compatible with collection vehicles and equipment and to ensure the location allows proper access for collection. Minimum height and width clearances will vary depending upon the compaction equipment. Appearance . b. All commercial property owners shall maintain, clean, and largely shield from view all commercial solid waste collection equipment from public streets by walls, fences, earthen berms, or evergreen landscaping forming an opaque, attractive 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 variance is granted by the ACHD. No commercial collection location shall block pedestrian traffic. Existing commercial solid waste collection sites shall be largely shielded from view within three (3) years of the effective date of this ordinance. c. Cleanliness CustOmers shall keep the container location, and the containers, in a sanitary condition. The Page 10 of 22 outside of the container shall be kept clean and free from accumulating grease, decomposing materials, and litter. Loose solid waste must be deposited in contJ.iners for collection. Failure to comply with this subseCtion is herein declared a public nuisance. Franchisee workers do not normally clean up the premises. However, clean-up services can be provided at an additional service charge. Where determined necessary to proteCt the health or safety of the public and environment, the city may order a customer to clean the area. Franchisee shall clean up any spillage that occurs during colleCtion services. CLlStOmers sha1l keep the interior of the container in a sanitary condition. 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 inverted. e. Frequency of Co!lection 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 c01lected no less than once per week. Temporary and on-call services, not generating wet or putrescible wastes, must receive at least monthly service, unless the city determines another minimum service interval is appropriate, considering protection of the environment and public health and safety. (B) RESIDENTIAL PREMISES SERVICE Residential Premises Solid Waste Service is provided to residents of Meridian City by a Franchisee. This service is provided 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 available 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 provided, solid waste collection services. (2 ) Types of Service The following Residential Solid Waste Services shall be provided by the solid waste Franchisee: Page II of 22 a. Regular Service Customer shall provide the solid waste container(s) and Franchisee shall collect the waste on a weeklv basis. / b. Carrv-out 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 "Save and Hold Harmless Agreement" prior to receiving this service. c. ADA (Americans with Disabilities Act) Service The Franchisee shall provide carry-out service for solid waste and recyclable materials at no extra charge to those who have a disability as hereinafter defined and who have no one else in the household that can take the solid waste container(s) to the curb/alley. However, the regular residential solid waste collection fee shall be charged. In order to qualify for the lower rate for carry out service, individuals must have a written certification from a licensed physician verifying that they applicant's impairment qualifies as a disability and prevents them from utilizing curbside service. In addition the applicant must certify that there is no other person in the individual'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 one's self, performing manual task.s of walk.ing, or lifting so as to place a solid waste container at the curbside. Application for the disability discount are available from the Utility Billings Department at City Hall. d. Appliances Franchisee shall collect major appliances upon resident request and shall deliver 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 week.ly. e. Bulk.y Wastes Franchisee shall collect bulky wastes within twenty-four (24) hours of customer Page 12 of 22 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 convev bulkv wastes to the curbside for collection. .' , f. Christmas Trees Following Christmas each year, on dates specified by the City, Franchisee shall provide separate collection for Christmas trees prepared for recycling. (3 ) Residential Premises Service Containers a. It shall be the duty of every owner or occupant of any residential premises to at all times keep or cause to be kept portable above.ground containers consisting of metal or other approved type of container for the deposit therein of solid waste and except as otherwise provided, 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 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-five (65) pounds in weight. The containers shall not be less than twenty eight (28) gauge metal or the equivalent, and be hot-dipped after fabrication to insure non-leaking 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 inverted, the contents must fall freely from the container when emptied. Containers must have 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. Whenever solid waste is placed therein or taken therefrom such lid shall be replaced by the person placing or taking therefrom 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 provided 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; provided 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 Page 13 of 22 four feet (4') in length and two feet (2) in diameter. d. Ninety (90) to Ninety-Five (95) Gallon toter carts may be available 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 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. The solid waste containers shall be clear of pedestrian and vehicular traffic at all times. Solid waste containers shall be clearly visible and accessible to the waste collection personnel and free from obstructions including, but not limited to, trees, shrubbery, fences, vehicles, and walls. franchisee shall not be required to pass through any doors or gates, cross flower beds or lawns, go through hedges, or place themselves in any situation which could jeopardize their health or safety. b. The Franchisee shall not be required to remove 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, above ground. c. The Franchisee shall return all emptied containers to the location where the customer placed them. The Franchisee shall close any can or container as securely as possible to prevent the lid from blowing away, or prevent moisture from entering the can or container. d. For carry-out seIVice, customers shall store prepared containers in unlocked areas clearly visible 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. However, they do not normally clean up messes caused by improper waste set out. In the case of a recurring prøblem, the Franchisee may leave the resident a notice describing the problem. Page 14 of 22 (6) Containers Set-Out and Bring-In Residential premises solid waste shall be placed at the curb for collection no later than 7:00 a.m. on the regularly scheduled day. but no sooner than the evening prior to collection. Residential solid waste customers using alley collection locations shall ensure containers are placed in an accessible location in the alley-way by 7:00 a.m. on the regularly scheduled collection day. Alley-way customers must maintain the solid waste collection area to ensure no vectors, 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 have had the solid waste containers blocked or hidden from view by an object such as a vehicle. 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 "call back" rate established by the city; or the customer may store the solid waste until the next regularly scheduled day for collection. Residents who have curbside service must relocate their empty containers back to a location within five feet of their home within 24 hours of being serviced. It is a violation of this chapter if a residential premises customer who places ResidentiaVCommercial Can or Toter at curb for collection does not remove the same from the curb within twenty four (24) hours of the day of collection. (7) Used motor oil Must be placed in a leak-proof, 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 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 remove all solid waste and food products from refrigerators, freezers or other appliances prior to colleCtion by Franchisee. Appliances must be readily available for collection by Franchisee workers. Franchisee shall nOt be required to enter any building or structure to remove the appliance or other item. (9) Bulky Waste Franchisee shall provide special collection service for bulky waste items upon request by the customer. Bulky wastes must be readily available for collection by Franchisee workers. Page 15 of 22 Franchisee shal! not be required to enter any building or structure to remove the appliance. ( 10) Christmas Trees Customers participating in the annual Christmas tree recycling program must remove all ornaments, lights, tinsel. and tree stands from the tree prior w 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 ) Franchisee/Licensee Respo nsi b ili ties When the Franchisee/Licensee encounters improperly prepared solid waste, such as overweight containers, waste which is tOO tightly packed to fall from the can, Christmas trees with stands or. ornaments, etc., the Franchisee shall col!ect any properly prepared waste and leave 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. (12) Frequency of Collection All residents of the city shall be provided solid waste collection service once per week. On a day determined by the Franchisee in consultation with the City Council (13) 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 received by the Franchisee from a residential customer shall be resolved within one business day of the customer's report. The one business day deadline does not apply if the missed collection occurred due to late or improper set out by the customer. Each customer failure must be documented by the Franchisee through verifiable means such as log book, and in the case of improper set out, by a copy of the customer notice. If the complaint is a documented customer responsi-bility, the customer shall be offered the option of having a special collection at the "call back" 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 provided to premises with multi-unit dwellings of more than one residence ona 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, Page 16 of 22 mocels, hospicals, 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 of five (5) or more units shall use centra! solid waste colleCtion services. Multi-Family Premises Solid 'Haste Service is provided with large capacity containers, which include two (2) to eight (3) cubic yard dumpsters, front or rear loaded, and twenty (20) to forty (40) yard roll-off containers. SLlch 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 vVaste Service can also include compactor-container service. Customers desiring compactor service provide the compactor for this type of service. Containers for compactor service range from two (2) to forty (40) cubic yard capacity, subject to approval by the Franchisee for compatibility with the collection vehicles. ( 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 provided, solid waste collection services. (2 ) Types of Service The Franchisee shall provide the following multi-family premises solid waste services: (a) Regular Service Franchisee shall provide containers and collect waste at least once weeldy. If the customer chooses to use a compactor, the customer shall provide the compactor and the Franchisee shall collect the solid waste at least once each week. (b) Temporary Service Franchisee shall provide container and collection services to temporary accounts for construction and demolition projects or other short-term waste generation projects. Temporary service is provided for a maximum of 120 days. Use of a 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. . (c) Appliances Franchisee shall colleCt major appliances and shall deliver the appliances to a recycling facility. Customers must contact Franchisee for collection services. Franchisee shall be Page 1 7 of 22 (5) (6) 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 remove any appliance. Appliance co!lection is offered weekly. (3 ) Solid Waste Containers The Franchisee shall provide a container of adequate size to accommodate the type of service requested by the customer. CLlStOmer owned compactors can vary in size and are subject to approval by the Franchisee for vehicle compatibility. (4) Container/Compactor Sites (a) Location Requirements For any area under a customer's ownership or control, including driveways or any other access route, as well as the container location, customers shall have a sufficient foundation to suPPOrt the collection vehicle weight. Vehicle weights vary. but range between twenty and thirty tons. Temporary containers are placed at the customer's direction, if Franchisee personnel approve the location for space requirements and safety. Containers shall not be placed in a street without prior approval and permit from the Ada County Highway District. Containers shall not obstruct the public right.of-way or pedestrian traffic without prior approval. Compactor customers must contact the Franchisee in advance to ensure that the compaction unit is compatible with collection vehicles and eqúipment and to ensure the location allows proper access for collection. Minimum height and width clearances will vary depending upon the compaction equipment. Appearance Every Multi-Family Premises Solid Waste collection location shall be maintained properly, deaned, and largely shielded from view from public streets by walls, fences, earthen berms, or evergreen landscaping forming an opaque, attractive sight barrier. No collection location shall be on a public right-of-way unless an appropriate variance is granted by ACHD. No collection location shall block pedestrian traffic. Cleanliness Page 18 of 22 Customers shall keep the container location, and the containers, in a sanicary condition. The outside of the container sha1l 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 the premises. However, clean-Llp services can be provided at an additional service charge. (ï) 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 empÜed. 4-112 : SITE PLAN FOR COMMERCIAL OR MULTI-FAMILY NEW CONSTRUCTION OR REMODELS (A) Customers are responsible for obtaining plan approval from the city for all proposed solid waste storage and collection areas. This requirement shall apply whenever new construction or remodeling occurs on commercial or multi-family premises. Site plan approval shall be based on the following requirements: 1. All commercial containers must be placed on a firm, level surface pad of concrete or asphalt at least three inches (3") thick. Customers shall accept the risk that asphalt surfaces may sink or become uneven or unserviceable; 2. The surface pad must be at least twelve feet (12') wide by ten feet (10') deep for solid waste collection, and seventeen feet (17') wide by ten (10') feet deep if other waste activities are occurring (i.e. grease collection, recycling); 3. Gates must be constructed to rest in an open position to avoid swinging shut during pickup; 4. The site shall provide adequate turning space for the waste collection vehicle. Adequate turning space shall mean a minimum turning radius of forty-five feet (45'); 5. The site shall provide adequate space to allow the collection vehicle to back up a distance of at least fifty feet (50'); and 6. The site shall provide at least fourteen feet (14') vertical clearance and twelve feet (12') width drive clearance. Additionally, front load containers must have at least twenty feet (20') vertical clearance at the container. Customers are required to remove any vertical height obstacles. B. Site plan submissions shall include an accurate plan of the entire area for which Page 19 of 22 service is to be provided. 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; 4. all existing and planned sidewalks, curb cuts, drives. parking spaces, landscaping, free-standing signs, pOStS, poles (i.e. street light, telephone, and electric poles), and other structures that may affect solid waste collection; 5. the location of aU public right-of-ways, 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. 4-113 : COLLECTION FEES: Fees and rates for the collection of solid waste shall be set by of the City Council. The city utility billing department may require a deposit as a condition of initiating, continuing, or restOring temporary or on-can service. 4-114 : METHOD OF COLLECTION: Fees shan 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 leaving 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. (Amd. Ord. 375, 12-15.80) In case of nonpayment. or delinquency in payment, of aCcounts that do not have associated wate'r 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. 4.115: DISPOSITION OF FEES: Page 20 of 22 The proceeds from the collection of fees and charges herein provided 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 Genera] Fund. 4-1 16: INSPECTION RIGHT-Of-ENTRY: 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 have 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. 4-117 : FRANCHISES; LICENSING; CONTRACTING; BOND: (A) The Mayor and Council have the sole authority to select and approve all persons who shall enter into a Franchise or License Agreement; contract to perform all services pertaining to sanitary collection and disposal under the provisions of this Chapter; to establish reasonable fees for licenses; and may establish reasonable rules and regulations governing 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 vehicles or if anyone vehicle is a single or combination vehicle with a Gross Vehicle Weight Rating (GYVVR) of 26,001 or more that provides 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 valid franchise or license agreement is a violation of this Ordinance subject to the penalties contained in Section 4-118. (C) Any person using fewer than three (3) vehicles and the Gross Vehicle Weight Rating (GYVVR) of each vehicle is less than 26,001 in a single or combination vehicle, that is engaged in the collection and hauling of recyclable 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 valid license agreement is a violation of this Ordinance, subject to the penalties contained in Section 4-118. (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, convey and dispose of such waste and/or materials, provided that their actions comply with all other provisions of this Ordinance. Page 21 of 22 (E) A civic. community. benevolent. or charitable non.profit organization that colIeCts, 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 Citv- (F) Any person engaged in the occupation of a demolition or construction contractor or landscaper who produces incidenta! volumes of solid waste as a result of such work may collect. convey, and dispose of such wast:e, provided that their actions comply with all other provisions of this Ordinance and the conveyance of such waste occurs in vehicles t:hat are owned bv the contractor. SECTION 3: DATE OF EFFECT. This ordinance shall take effect within one month after its passage and publication, according to law. PASSED BY T~OUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 7-f'Á- day of' em~, 1999. APPROVED BjkHE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 7~ day of Cein~, 1999. CITY OF MERIDIAN &~~/ {) ~ ERT D. CORRIE-MAYOR ATTEST: .. .. ey/Z:IWorkIMIMeridian 15360MISWAAC\SanitaryServDraftOrd Page 22 of 22