13-1551 City Code Solid Waste Ordinance Update Sanitary Services SystemCITY OF MERIDIAN ORDINANCE NO. ~~ /
BY THE CITY COUNCIL: BI , HOAGLUN, ROUTREE, ZAREA
WHEREAS, the City Council desires to promote commercial recycling efforts by its
commercial community in order to reduce the amount of waste that ends up in the
landfill; and
WHEREAS, the City Council finds that in addition to the commercial recycling
services offered by its solid waste franchisee, there are other recycling businesses
wishing to also engage in and provide commercial recycling services to the
commercial community located within City limits; and
WHEREAS, the City Council finds that its solid waste franchisee, Republic Services,
Inc., is supportive of creating a commercial recycling exemption to allow recycling
businesses the opportunity to engage in and provide certain limited commercial
recycling services to Meridian's commercial community; and
WHEREAS, the City Council finds that allowing for the collecting, hauling,
transporting, and/or disposing of certain source-separated recyclable materials from
Meridian commercial customers will promote recycling and its benefits while at the
same time not unduly infringe upon the rights of its solid waste franchisee;
NOW THEREFORE, E IT O AIMED Y THE MAYOR AND COUNCIL
OF THE CITY OF MERIDIAN, IDAHO:
Section 1. That Title 4, Chapter 1, of the Meridian City Code is amended to
read as follows:
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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.
SOLID WASTE ORDINANCE -SANITARY SERVICE SYSTEM - 1 OF 7
BULKY WASTE: Waste materials intended for landfill disposal, except for major
appliances; with sizes, weights or volumes greater than those allowed for wheeled
carts and 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
activities, including, but not limited to, construction sites, governmental agencies, and
schools.
COMMERCIAL RECYCLER: means a person or business that: 1) collects, hauls,
transports, and/or disposes of source-separated recyclable materials from commercial
premises located within Meridian City limits for the sole purpose of rec~g and 2)
does not collect, haul, transport, and/or dispose of solid waste. This term shall include
an employee or other person acting on behalf of the commercial recycler.
COMMINGLED RECYCLABLE MATERIAL(S) also known as "single stream" or
"single-sort" or "fully commingled" recyclable materials: Materials including but not
limited to paper, fibers, plastics, and metals, which are separated from solid waste at
the point of generation by the generator thereof but which are otherwise treated as a
single mixture of materials for the purpose of being recycled.
CONTAINER: Alarge-capacity receptacle designed for the collection of solid waste
or recyclable materials that are created or accumulated at commercial or multi-family
premises with 4 or more units, including front-loading containers, rear-loading
containers, and roll-off containers; also known colloquially as a dumpster.
CUSTOMER: An occupant or owner of any premises, including residential, multi-
family, commercial or other establishment in the city for which solid waste service is,
or has been, provided.
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.
FULLY- AUTOMATED SOLID WASTE COLLECTION SYSTEM: A system for
the collection of solid waste and recyclable materials from residential and multi-
family premises of four (4) or fewer units which: 1) allows a customer to prepare for
collection only the amount of solid waste or recyclable materials that fits within
franchise-owned and -supplied wheeled cart(s) provided to such customer; and 2)
under which the franchisee collects solid waste and recyclable materials contained
within the wheeled cart(s) by means of trucks equipped with an automated hydraulic
lifting mechanism.
SOLID WASTE ORDINANCE -SANITARY SERVICE SYSTEM - 2 OF 7
HAZARDOUS MATERIALS OR WASTES: Any chemical, compound, mixture,
substance or article which is designated as hazardous by the United States
Environmental Protection Agency or appropriate State agency.
INFECTIOUS WASTE: Human and animal biological waste, including blood, body
fluids, feces, and/or objects and materials contaminated with same, including that
generated by medical, surgical, dental, and veterinary offices, clinics, hospitals, and
laboratories.
MULTI-FAMILY PREMISES: Residential premises with two (2) or more dwelling
units including, but not limited to, multiplex dwellings, apartments, condominiums,
mobile home and manufactured housing communities, clusters of single-family
residences, and duplexes. Multi-family premises shall not include dwelling hotels,
motels, hospitals, nursing homes, or other congregate housing, care, or institutional
facilities.
OCCUPANT: The person in possession, charge or in control of any unit in multi-
family premises, residential premises, commercial premises or other premises where
solid waste is created or accumulated.
OVERLOADING: Exceeding the wheeled cart or container weight capacity or
volume allowance, allowing objects to protrude outside of a wheeled cart or a
container, or stacking solid waste or recyclable materials outside of a wheeled cart or
container.
OWNER: The person owning the real property where solid waste or recyclable
materials are 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 private, and in the plural as well as singular.
PROHIBITED WASTE: Prohibited waste shall include any waste that has any of the
following general characteristics: extreme temperature; harmful vapors; the presence
of corrosive, flammable, explosive, or toxic chemicals; any physical or other
properties that render collection operations hazardous or create a risk to the
environment or public health and safety. Prohibited waste shall include, but shall not
be limited to: liquid wastes, both bulk and contained; tires; hazardous waste;
refrigerants and any equipment or machines containing refrigerants.
PUTRESCIBLE WASTE: Waste that can decay and stink or become putrid.
RECYCLABLE MATERIALS: Waste designated by the City and/or its franchisee as
that which may be recycled, including, but not limited to, paper, cardboard, plastics,
and metal.
SOLID WASTE ORDINANCE -SANITARY SERVICE SYSTEM - 3 OF 7
RESIDENTIAL PREMISES: A separate dwelling or residential unit in the city
occupied by a person or group of persons which may be asingle-family residence or
multi-family premises. Each separate dwelling unit shall be considered a separate
residence for solid waste service and billing purposes.
SOLID WASTE: All materials discarded for disposal, including, but not limited to:
putrescible and nonputrescible solid and semi-solid waste, garbage, trash, rubbish,
demolition and construction waste, industrial waste, vegetable solid and semi-solid
waste, dead animal remains in amounts not to exceed twenty-five (25) pounds,
reusable or recyclable materials, bulky waste, and other discarded matter.
SOURCE-SEPARATED RECYLABLE MATERIAL(S): Material(s) separated from
solid waste and set into separate discrete material type containers at the point of
generation b~~enerator thereof for the purpose of being recycled and which are
handled separate) t~~hout the collection process.
VECTOR: An organism that can transmit disease.
WHEELED CART: A wheeled receptacle designed for the automated collection of
solid waste or recyclable materials, thirty-five (35) to ninety-five (95) gallons in
volume.
YARD WASTE: Plant material such as leaves, grass, branches, brush, flowers, tree
wood waste, and debris commonly thrown away in the course of maintaining yards
and gardens, and other particular biodegradable waste including Christmas trees.
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H. Taking Of Solid Waste Or Recyclables: All solid waste and recyclable materials
placed for collection shall be owned by, and shall be the responsibility of, the
customer until collection. Upon collection, all solid waste and recyclable
materials shall become the property of the franchisee or commercial recvcler. It
shall be unlawful for any person to take, examine, uncover, snoop in, separate,
gather, collect or salvage materials deposited in wheeled cat-ts or containers
except with the express permission of the owner or occupant or as otherwise
allowed by law.
4-1-11: COMMERCIAL RECYCLING EXEMPTION:
A. Exemption: Any commercial recvcler may collect, haul, transport and/or dispose
of source-separated recyclable materials from commercial premises located
within Meridian City limits, provided that:
SOLID WASTE ORDINANCE -SANITARY SERVICE SYSTEM - 4 OF 7
The commercial recvcler adheres to all applicable Federal, State, and local
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laws and regulations that govern the collection, transporting and disposal of
the recyclable material(s) being collected; and
2. The recyclable material(s) are source-separated at the point of collection and
are either:
a. A commodity, meaning that the collection of the material(s) results in a
net commoditypayment to the producer of the recyclable materials)
greater to or equal to any collection fees paid by the producer of the
recyclable material(s) to the commercial recvcler; or
b. The type of recyclable material(s) includes, and is limited to the
following:
(1) Aluminum and/or tin cans
(2) Baled cardboard or other baled material that has been baled by the
generator at the site of generation and is ready for market;
(3) Batteries; Consumer batteries- any type of button, coin, cylindrical,
rectangular or other shaped, enclosed device or sealed container
which is utilized as an energy source for commercial, industrial,
medical, institutional or household uses; and/or Lead-acid batteries
from automobiles, trucks, other vehicles, machinery and equipment;
(4) Construction, demolition and land clearing debris, where the
business performing the services is utilizing self-contained
equipment such as a dump truck or attached wheeled trailer
excluding the use of the city's solid waste franchisee's roll-off or
drop box containers;
(5) Dead animals weighing more than 25 pounds;
(6) Fats, oil, grease or grit generated from restaurants and other food
service establishments;
(7) Glass; architectural, beverage containers, and structural;
(8) Material, other; deposited at drop off locations on commercial
premises located within the City of Meridian that accept recyclable
materials for which there is no charge for collection;
(9) Newspaper; newspapers and inserts;
(10) Paper; stock;
(11) Plastic; plastic bottles, jugs, and plastic byproduct of commercial
manufacturing process;
(12) Regulated Material; material for which the reeling business is
otherwise licensed to collect, transport, and perhaps process by a
governmental or re ulatory entity including, but not limited to,
waste oil, antifreeze, electronic waste, hazardous waste, rg ease
waste, and septic haulers;
(13) Shredded material; paper, hard drives, film, media, and other
byproducts of confidential records destruction business;
SOLID WASTE ORDINANCE -SANITARY SERVICE SYSTEM - 5 OF 7
(14) S cra metal • all structural steel or ferrous metal includin crush
ell
or shredded automobile or truck bodies excludin auto .shredder
residue or "fluff " ri id containers made exclusivel or rimaril of
y
stee tin- lated steel and com osite steel cast iron com onents all
non-container aluminum scra includin auto arts sidin aircraft
arts lawn chairs window and door frames ots and ans foils
and ie lates and other non-ferrous scra includin co er and
zinc;
(15) .Soil;
(16) Textiles• cloth material such as cotton linen wool n ion
of ester etc. derived from clothin cloth dia ers linens ca et
ads etc. • -
(17} Tires; and/or
(18) Wood pallets
3. Nothin contained within this exem tion shall be inte retell to allow
commercial rec clers other than the franchisee to collect commin led
rec c able materials from commercial remises located within Meridian Cit
emits.
4-7-12: NUISANCE DECLARED:
Failure of an owner or occupant of any commercial, residential, or multi-famil
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premises to receive regularly scheduled adequate solid waste collection service is
herein declared a public nuisance by the city. The city shall have the authorit to
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the abatement of such nuisance at the expense of the owner or occu ant of the
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premises. This shall not limit the right of the city or the owner to seek recover
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against other responsible persons.
4-7-13: PENALTY:
The violation of any of the provisions of this chapter or the rules and re ulations
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adopted hereunder shall be a misdemeanor,
Section 2. That this ordinance shall be in full force and effect be innin on
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the ~ day of 2013.
PASSED by the City Council of the City o~ Meridian Idaho this o~
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day of , 2013.
SOLID WASTE ORDINANCE -SANITARY SERVICE SYSTEM - 6 OF 7
APPROVED by the Mayor of the City of Meridian, Idaho this da
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of , 2013.
APPROVED:
TAMMY EERD, MAYOR
ATTEST: ~~ ~~ ~ ~~
AGO ~'~~
City cgi
~;~~AN~-
YC L. HOLMAN, CITY CLE ~ ' ° ~"°
~'~, SEAL ,~`~~
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SOLID WASTE ORDINANCE -SANITARY SERVICE SYSTEM - 7 OF 7
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE N0.13- I
An Ordinance of the City of Meridian amending Title 4, Public Health & Safet ,
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Chapter 1, Sanitary Service System, of the Meridian City Code, for the u ose of
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including definitions for Commercial Recycler, Commingles Recyclable Materials and
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Source-Separated Recyclable Material(s) in 4-1-3; and to add "or Commercial Rec cler" to
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4-1-10: H; and to add a new 4-1-11 Commercial Recycling Exemption; and re-assi n the
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existing Section 4-1-11 Nuisance Declared to Section 4-1-12; and re-assi n the existin
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Section 4-1-12 Penalty to Section 4-1-13; and providing an effective date.
A full text of this ordinance is available for inspection at City Hall, Cit of Meridian
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33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective u on
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the passage and publication.
Mayor ahd' City Council I
By: Jaycee L. Holman, City C
First Reading:. ~ ~ ~ ~, ~ ~ ~
Adopted after first reading by sus ension of the Rule as allowed pursuant to Idaho Code
§50-902: YES NO
Second Reading: _ ~ Z 3 - ~ ~,
Third Reading: ~ z
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF
SUMMARY OF ORDINANCE NO. 13- ~~ S l
The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho,
hereby certifies that he is the legal advisor of the City and has reviewed a co of the
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attached Ordinance No. l3- of the City of Meridian, Idaho, and has found
the same to be true and complete and provides adequate notice to the public ursuant to
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Idaho Code § 50-901A (3).
2~'' .
DATED this day of April, 2013.
William. L.M. Nary
City Attorney
ORDINANCE SUMMARY - AMENDMENT TO MERIDIAN CITY CODE TITLE 4, PUBLIC HEALTH & SAFETY,
CHAPTER 1, SANITARY SERVICE SYSTEM