HomeMy Public PortalAboutTitle 6, Chapter 05- Solid Waste Hauler RegulationsTITLE 6 IONA CITY CODE
CHAPTER 5 (Revision: December 7, 2023) Page 161
CHAPTER 5 Solid Waste Hauler Regulations
SECTION:
6-5-1: Policy, Purpose and Authority
6-5-2: Definitions
6-5-3: Hauler License Required
6-5-4: License Application Requirements
6-5-5: Review of Hauler License Application
6-5-6: Term of Hauler License and Renewals
6-5-7: Hauler Insurance Requirements
6-5-8: Equipment Standards
6-5-9: Storage Standards
6-5-10: Collection and Transportation Standards
6-5-11: Operational Standards
6-5-12: Remedies
6-5-1: POLICY, PURPOSE AND AUTHORITY.
(A) This Chapter establishes standards and procedures governing Solid Waste Hauling and
Management in the City of Iona, Idaho. It also establishes licensing requirements and
licensing fees and imposes penalties for lack of compliance.
(B) The purpose of this Chapter is to (i) protect the public health, welfare and safety; (ii) to
prevent the spread of disease and the creation of nuisances, (iii) to conserve natural
resources, and, (iv) to protect the City’s water, air and land resources.
(C) This Chapter is enacted pursuant to Idaho Code § 50-302 in order to maintain the good
government, welfare, health, safety and industry of the residents of the City.
(Ord. 198-10-15, 10/20/2015).
6-5-2: DEFINITIONS. For purposes of this Chapter, the words “must” and “shall” are
mandatory and not permissive. Unless specifically defined herein, terms used in this Chapter shall
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have their common usage meaning. Unless the context clearly indicates otherwise, the words and
phrases set forth below shall have the following meanings ascribed to them:
ACCEPTABLE WASTE: Solid Wastes that are not prohibited from
Transportation, Collection, Processing or
Disposal pursuant to local, State or Federal
laws.
ADMINISTRATOR: Any person employed by the City in order
to administer the provisions of this
Chapter.
AGRICULTURAL SITE: Land used for agricultural purposes, but
excluding any Residential Site on such
land.
AUTHORIZED
REPRESENTATIVE:
An employee or agent of the City of Iona
or of any agency of the City who has been
designated by the City Council to
administer and/or enforce the provisions of
this chapter.
CITY CLERK: The City Clerk of the City.
COLLECTION OR
COLLECTS:
The removal of Solid Waste from the site
at which it is generated and aggregated,
including all removal and transportation
activities prior to the time the Solid Waste
is delivered to a Solid Waste Management
Facility.
COMMERCIAL SITE: Real property upon which any business,
commercial, industrial, institutional or
governmental establishment is located or
operated.
COMPOST OR
COMPOSTING:
The controlled microbial degradation of
organic waste.
COMPOST FACILITY: A site used to compost Solid Waste,
including all structures or Processing
equipment used to control drainage, collect
and treat Leachate, and storage areas for
the incoming waste, the final product, and
residuals resulting from the composting
process.
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COMPOSTABLE ORGANIC
MATERIALS:
Materials suitable for backyard Compost
Sites, including but not limited to straw,
vegetable and fruit scraps, coffee grounds
and filters, and eggshells.
CONSTRUCTION AND
DEMOLITION DEBRIS:
Solid Waste resulting from construction,
remodeling, repair, erection and
demolition of buildings, roads and other
structures, including concrete, brick,
bituminous concrete, untreated wood,
masonry, glass, trees, rock, and plastic
building parts.
CONSTRUCTION AND
DEMOLITION DEBRIS
LAND DISPOSAL
FACILITY:
A site used to Dispose of Construction and
Demolition Debris.
CONSTRUCTION SITE: A place where the construction of
buildings, roads or other improvements to
real property is occurring.
CONTAMINATED
MATERIAL:
A material that when processed or disposed
of, contributes to the release of a pollutant
or contaminant onto or into the land, air or
water, or when released into the
environment creates a significant threat to
the health of the general public or to safe or
efficient operation of a Solid Waste
Management Facility.
COUNTY: Bonneville County, Idaho.
COUNTY BOARD: The Bonneville County Board of
Commissioners.
CURBSIDE COLLECTION: A Mixed Municipal Solid Waste and
Recyclable Materials Collection system
whereby the Generators set Solid Waste
containers at the curb adjacent to a
roadway or in locations easily accessible
for Collection by a Hauler.
DEPARTMENT: The City of Iona or any department or
agency tasked with the authority and
responsibility to administer or enforce this
Chapter.
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DIRECTOR: The Director of Public Works for the City.
DISPOSAL OR DISPOSE: The discharge, deposit, injection,
Dumping, spilling, leaking, or placing of
any waste material into or on any land, air,
or water.
DUMPING: The placement of any Solid Waste,
including Construction and Demolition
Debris, Hazardous Waste, Industrial Solid
Waste, Mixed Municipal Solid Waste, or
Recyclable Materials, anywhere other than
in an approved container or at a Solid
Waste Management Facility during regular
hours of operation.
ELECTRONICS: Any device containing complex circuitry,
circuit boards, or signal processing
capabilities for processing or displaying
information including but not limited to:
monitors, computers, televisions,
photocopiers, facsimile machines, video
monitors and equipment, telephones and
telecommunications equipment, cordless
rechargeable appliances, and audio
equipment.
GENERATOR: Any Person that produces or aggregates
Solid Waste.
HAULER: Any Person who Collects or Transports
Solid Waste, Recyclable Materials or Yard
Waste, but does not include a Self-Hauler.
HAZARDOUS WASTE: Any Refuse, sludge, or other waste
material or combinations thereof, in solid,
semi-solid, liquid, or contained gaseous
form which because of its quantity,
concentration, or chemical, physical, or
infectious characteristics may cause an
increase in mortality or an increase in
serious illness; or pose a substantial hazard
to human health or the environment when
improperly treated, stored, transported,
Disposed of, or otherwise managed.
Categories of Hazardous Waste materials
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include, but are not limited to: explosives,
flammables, oxidizers, poisons, irritants,
and corrosives.
HOUSEHOLD
HAZARDOUS WASTE
(“HHW”):
Unwanted household products that contain
corrosive, toxic, ignitable, flammable, or
reactive ingredients.
HOUSEHOLD
HAZARDOUS WASTE
FACILITY:
A site, authorized by the State of Idaho, to
collect HHW and to prepare it for transport
to approved and licensed destinations for
proper Recycling or disposal.
INDUSTRIAL SOLID
WASTE:
Solid Waste generated from an industrial
or manufacturing process and Solid Waste
generated from non-manufacturing
activities that is Collected, Processed, or
Disposed of as a separate waste stream.
INDUSTRIAL SOLID
WASTE LAND DISPOSAL
FACILITY:
A site used to Dispose of Industrial Solid
Waste in or on the land.
INFECTIOUS WASTE: Laboratory waste, blood, regulated body
fluids, sharps, and research animal waste
that have not been decontaminated.
LEACHATE: Liquid that has contacted or percolated
through Solid Waste and has extracted,
dissolved, or suspended materials from it.
LEACHATE
MANAGEMENT SYSTEM:
The structures constructed and operated to
contain, transport, and treat Leachate,
including liners, collection pipes, detection
systems, holding areas, and treatment
Facilities.
LICENSE: Authorization to conduct specified
business services that may be limited to a
specific period of time, specific person,
and or a specific site in the City.
LICENSE FEE: A license fee established by ordinance or
resolution of the Council pursuant to this
Chapter.
LICENSEE: The Person who has been issued a license
to carry out any of the activities for which
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a license is required under the provisions of
this Chapter.
MAJOR APPLIANCES: Clothes washers and dryers, dishwashers,
water heaters, heat pumps, furnaces,
garbage disposals, trash compactors,
conventional and microwave ovens, ranges
and stoves, air conditioners, dehumidifiers,
refrigerators, freezers and other appliances
designated by State law or this Chapter.
MIXED MUNICIPAL
SOLID WASTE:
Garbage, Refuse, and other Solid Waste
from residential, Non-Residential,
business, industrial, and community
activities that the Generator aggregates for
Collection. The term includes common
household materials and commercial
garbage such as packaging materials,
containers, food discards, plastic, paper,
compostable materials.
MIXED MUNICIPAL
SOLID WASTE LAND
DISPOSAL FACILITY:
A Solid Waste Management Facility used
for the land disposal of Mixed Municipal
Solid Waste.
MOTOR VEHICLE: A motor vehicle as defined in Idaho Code
§ 49-123(1)(h), as the same exists on the
effective date of this Chapter, or as such
definition may be amended thereafter.
MULTI-UNIT
RESIDENTIAL BUILDING:
Any building with four or more residential
units.
NON-RESIDENTIAL
ACCOUNT:
Any customer account for which Solid
Waste Management Services are provided
with respect to any non-Residential
Building or parcel.
NON-RESIDENTIAL
PROPERTY:
All property that generates Solid Waste
within the City and which is not included
within the definition of a Residential Site.
OPEN AREA: Areas outside of a building or structure.
OPEN BURNING: Burning any Solid Waste whereby the
resultant combustion products are emitted
directly to the open atmosphere.
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OPERATOR: The Person responsible for the operation of
a Solid Waste Management Facility.
ORDINANCE: The Solid Waste Ordinance adopted by
City of Iona, as set forth in this Chapter.
OWNER: Any person or persons having a legal
interest in real property or any persons in
possession or control of real or personal
property including, but not limited to,
contract for deed vendees, and contract for
deed vendors.
PERSON: Any human being, any municipality or
other governmental or political subdivision
or other public agency, any public or
private corporation, any partnership, firm,
association, or other organization, any
receiver, trustee, assignee, agent, or other
legal representative of any of the
foregoing, or any other legal entity, unless
exempted by statute or rule.
PROCESSING: The treatment of Solid Waste after
Collection. Processing includes but is not
limited to reduction, separation, exchange,
resource recovery, physical, chemical, or
biological modification of Solid Waste.
PUBLIC HEALTH
NUISANCE:
The creation of conditions or acts that
unreasonably annoy, or contributes to the
injury and/or endangerment of the safety,
health, comfort, or repose of members of
the public.
PUTRESCIBLE
MATERIAL:
Solid Waste that is capable of rotting or is
in a foul state of decay or decomposition.
REAL PROPERTY: Land, from the center of the earth and
extending above the surface indefinitely,
including all inherent natural attributes and
any man-made improvements of a
permanent nature place thereon.
RECYCLABLE
MATERIALS:
Marketable materials that are separated
from Solid Waste for the purpose of
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Recycling such as paper, glass, plastics and
metals.
RECYCLING: The process of Collecting and processing
Recyclable Materials and reusing the
materials in their original form or using
them in manufacturing processes that do
not cause the destruction of Recyclable
Materials in a manner that precludes
further use.
RECYCLING COLLECTOR: A person who operates a Licensed
Recycling Facility that aggregates,
processes, or markets Recyclable
Materials.
RECYCLING FACILITY: A facility used to aggregate, process, or
market Recyclable Materials.
RECYCLING SERVICES: Curbside pickup of at least four types of
Recyclable Materials by a Hauler and/or a
centralized drop-off at a local Recycling
center of at least four types of Recyclable
Materials at any recycling site located in
the City.
REFUSE: Putrescible and non-putrescible Solid
Wastes, including garbage, rubbish, ashes,
incinerator ash, incinerator residue, waste
combustor ash, street cleanings, and
Industrial Solid Wastes, and including
municipal treatment wastes which do not
contain free moisture.
REGULATED WASTES: Waste, the Transportation, Storage,
Release, Dumping or Disposal of which is
regulated by State or Federal Law.
RELEASE: Any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting,
escaping, leaching, Dumping, or Disposing
into the environment which occurred at a
point in time or which continues to occur.
RESIDENTIAL: Relating to or arising out of the use of a
Residential Site.
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RESIDENTIAL SITE: Any dwelling unit or property upon which
a single family home, a duplex, a tri-plex,
a four-plex, an apartment or Multi-Unit
Residential building, a mobile home, a
condominium, a townhouse, a cooperative
housing unit, or any other building used for
Residential purposes, (none of which are
used solely for commercial purposes) is
located.
SELF-HAULER: A Person who transports his or her own
generated Solid Waste.
SERVICE AREA: The geographical area for which a licensed
Hauler provides Solid Waste Collection
and Transportation Services.
SITE: A spatial location.
SOLID WASTE: Garbage, Refuse, Construction and
Demolition Debris, sludge from a water
supply treatment plant or air contaminant
treatment Facility, and other discarded
waste materials and sludges, in solid,
semisolid, liquid, or contained gaseous
form, resulting from industrial, mining,
and agricultural operations and from Non-
Residential Property, and from community
activities. Solid Waste does not include
Hazardous Waste; animal waste, earthen
fill and rock; sewage sludge, industrial
waste water effluents, dissolved materials
in irrigation return flows, or nuclear
material.
SOLID WASTE DISPOSAL
FACILITY:
A Solid Waste Land Disposal Facility
within the County that is designed or
operated for the purpose of disposing of
Solid Waste on or in the land, together with
any appurtenant facilities.
SOLID WASTE
MANAGEMENT:
Activities that are intended to affect or
control the Collection, Transportation,
Processing, treatment, and Disposal of
waste.
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SOLID WASTE
MANAGEMENT
ACTIVITY:
An activity related to the storage,
Collection, Transportation, Processing or
reuse, conversion, or Disposal of Solid
Waste.
SOLID WASTE
MANAGEMENT
FACILITY:
A Solid Waste Land Disposal Facility, a
Construction and Demolition Debris Land
Disposal Facility, an Industrial Solid
Waste Land Disposal Facility, a Compost
Facility, a Transfer Station, a Solid Waste
Processing Facility, a Waste Tire Facility,
or a Recycling Facility.
SOLID WASTE
MANAGEMENT FEE:
A fee imposed by the County on a parcel in
order to pay for Solid Waste Management
Services of the County.
SOLID WASTE
MANAGEMENT PLAN:
Any Solid Waste Management Plan
developed, adopted, and approved by the
County.
SOLID WASTE
MANAGEMENTS
SERVICES:
All activities provided by the County, by
Persons under contract with the County, or
by other Persons that support the waste
management responsibilities, including,
but not limited to, waste reduction and
reuse; waste recycling; composting of
Yard Waste and food waste; Resource
Recovery through Mixed Municipal Solid
Waste composting or incineration; land
disposal; management of problem
materials and household hazardous waste;
Collection, Processing, and Disposal of
Solid Waste, Closure and post-closure care
of a Solid Waste Management Facility.
SOLID WASTE
PROCESSING FACILITY:
A facility for the treatment of Solid Waste
after collection.
SOURCE-SEPARATED: Mixed Municipal Solid Waste that is
separated at the source by Solid Waste
generators for the purpose of preparing it
for later Collection. It is then collected
separately from other Mixed Municipal
Solid Wastes, and can consist of either
Recyclable or Compostable materials.
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SPECIAL WASTES: Non-hazardous Solid Waste that has been
prohibited from disposal with Mixed
Municipal Solid Waste or has had other
specific management requirements
prescribed by statute.
STATE: The State of Idaho.
TRANSFER STATION: A Facility operated by the County in which
Solid Waste collected from any source is
temporarily deposited to await
Transportation to another Solid Waste
Management Facility.
TRANSPORTATION OR
TRANSPORTS:
The conveying of Solid Waste from one
place to another with a Motor Vehicle.
UNACCEPTABLE WASTE: Those Solid Wastes that cannot be lawfully
accepted for management at a Solid Waste
Management Facility pursuant to local,
State and federal laws.
WASTE TIRE: A pneumatic tire or solid tire for motor
vehicles that has been discarded or that can
no longer be used for its original intended
purpose because of wear, damage, or
defect.
WASTE TIRE FACILITY: A Site where Waste Tires or tire derived
products are collected, deposited, stored, or
Processed.
YARD WASTE: Garden wastes, leaves, lawn cuttings,
weeds, and prunings generated at
Residential or Non-Residential Properties.
YARD WASTE FACILITY: A facility used to compost Yard Waste,
including but not limited to grass and
leaves.
(Ord. 198-10-15, 10/20/2015).
6-5-3: HAULER LICENSE REQUIRED. No Person shall engage in Solid Waste
Collection or Transportation in the City without first having obtained a Hauler License. In
particular, no person may Collect through routes, roll-offs, pick-up, drop off, nor Transport or
Dispose of Solid Waste generated within the City, except in full compliance with this Chapter after
having been granted a license to do so by the City as specified in this Chapter. This Chapter does
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not apply to Self-Haulers or to the Transportation of Solid Waste through the City, without
Collection of Waste from any Generator located within the City and without Disposing of Waste
within the City.
(Ord. 198-10-15, 10/20/2015).
6-5-4: LICENSE APPLICATION REQUIREMENTS. Haulers and prospective
haulers or applicants shall comply with the following license requirements.
(A) Application Requirements. The City Clerk shall provide an application form for a
License or License renewal under the provisions of this Chapter. The application shall not
be considered complete until the City Clerk has received all information, materials,
certificates of insurance, and fees required under this Chapter. If a License application is
incomplete or otherwise does not conform to the requirements set forth in this Ordinance,
the City Clerk shall advise the applicant of the reasons for non- acceptance and may request
that the applicant resubmit, modify, or otherwise alter the application. Each License
granted pursuant to the provisions of this Chapter shall expire on December 31st of each
calendar year, unless revoked earlier.
(B) License Fees. The Hauler and prospective haulers or applicants shall pay all License Fees
to the City Clerk with the initial License application or the License renewal application.
The initial application fee shall be $100.00, the renewal fee shall be $50.00, any re-
application (other than a renewal) shall be considered an initial application and charged the
initial application for of $100.00.
(C) Vehicles Licensed. All vehicles used for the Collection and Transportation of Solid Waste
and Recyclables in the City shall be listed on the license application. The applicant shall
specify the make, model, year, and license number of each vehicle. If a vehicle is put into
service during the license year, the Hauler shall promptly submit the required information
for the vehicle to the City Clerk.
(D) Recycling Services. If the Hauler wishes to offer Recycling Services, the Hauler shall
designate such intent in the application.
(Ord. 198-10-15, 10/20/2015); (Ord. 262-05-21, 5/19/2021).
6-5-5: REVIEW OF HAULER LICENSE APPLICATION. After accepting a
complete License application that includes all required information, the City Clerk shall schedule
the matter within 60 days for the City Council to either grant, grant with conditions, or deny the
License, subject to the applicant’s agreement to a longer time. If any applicant is denied a License,
the applicant shall be notified in writing of the reasons for the denial of the License. A denial shall
be without prejudice to the applicant’s right to file a further application after revisions are made to
meet objections specified as reasons for the denial.
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(A) Operational Conditions. The Licensee shall comply with the operational conditions
stated in the License. Failure of the Licensee to comply with such operational conditions
is a violation of this Chapter and the Licensee is subject to the penalties provided herein.
(B) Contingent License or Special Conditions. A License may be granted that is contingent
upon compliance with special conditions specified in the License. Such conditions, if any,
shall be designed to promote the health, welfare and safety of the public pursuant to this
Chapter. Failure of the Licensee to comply with such special conditions is a violation of
this Chapter and is subject to the penalties provided herein.
(Ord. 198-10-15, 10/20/2015); (Ord. 262-05-21, 5/19/2021).
6-5-6: TERM OF HAULER LICENSE AND RENEWALS. The term and renewal of
a Hauler Licenses are governed by this section.
(A) Term of License. The term of a Hauler License granted pursuant to the provisions of this
Chapter shall be for up to one year, but shall in any event expire on December 31 of the
year the License is granted, unless sooner renewed, suspended or revoked.
(B) Renewal of License. Application for renewal of a License shall be made in writing to the
City Clerk by December 1st of the expiration year and shall be signed by an individual
authorized to act on behalf of and bind the Licensee. Application for a License renewal
shall contain a statement of any changes in the information submitted from the last
approved License application. Failure to submit such information is grounds for
revocation or for not granting renewal of the License. If there are no changes in the
Application information from the previous year, it shall be so stated in the renewal
application. An application for a License renewal may be approved by the City Clerk or
may be scheduled for consideration by the City Council in accordance with the procedures
for an initial License application under this Chapter.
(C) License Not Transferable. Licenses granted by the City under this Chapter, including
any renewals thereof, are not transferable to other Persons.
(Ord. 198-10-15, 10/20/2015); (Ord. 262-05-21, 5/19/2021).
6-5-7: HAULER INSURANCE REQUIREMENTS. The Hauler shall obtain,
maintain, and submit with the License application certificates of insurance issued by insurers duly
licensed by the State of Idaho providing the following coverage:
(A) Worker’s Compensation Insurance.
(1) Worker’s compensation insurance shall be in compliance with all applicable State
Statutes. Such policy shall include workers compensation liability coverage in such
amount(s) as are required by the State of Idaho.
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(2) In the event a Licensee is exempt under state law from providing workers’
compensation insurance, the Licensee shall execute and submit to the City Clerk an
affidavit in a form acceptable to the City Clerk, attesting to the applicant’s
eligibility for such exemption.
(B) General Liability.
(1) Commercial General Liability Coverage, providing coverage on an “occurrence”,
rather than on a “claims made” basis, which policy shall include, but shall not be
limited to, coverage for bodily injury, property damage, personal injury, contractual
liability, independent Licensees, “XC&U” and products-completed operations
liability (if applicable). Such coverage may be provided under an equivalent policy
form (or forms), so long as such equivalent form (or forms) affords coverage that
is at least as broad. A“Comprehensive General Liability” policy that includes a
“Broad Form Endorsement” shall be considered to be an acceptable equivalent
policy form.
(2) The Licensee shall maintain at all times during the period of the license a total
combined general liability policy limit of at least $1,000,000 for each occurrence
and $2,000,000 aggregate, applying to liability for bodily injury, personal injury,
death and property damage, which total limit may be satisfied by the limit afforded
under its “Commercial General Liability” policy, or equivalent policy, or by such
policy in combination with the limits afforded by an “Umbrella” or “Excess
Liability” policy (or policies), provided, that the coverage afforded under any such
“Umbrella” or “Excess Liability” policy is at least as broad as that afforded by the
underlying “Commercial General Liability” policy (or equivalent underlying
policy).
(3) Such commercial general liability policy and “Umbrella” or “Excess Liability”
policy (or policies) may provide aggregate limits for some or all of the coverage
afforded there under, so long as such aggregate limits have not, as of the beginning
of the term or at any time during the term, been reduced to less than the total
required limits stated above, and further, that the “Umbrella” or “Excess Liability”
policy provides coverage from the point that such aggregate limits in the underlying
comprehensive general liability policy become reduced or exhausted.
(C) Automobile Liability. Business Automobile liability insurance shall be obtained and shall
cover liability for bodily injury, death and property damage arising out of the ownership,
use, maintenance, or operation of all owned, leased and hired automobiles and other motor
vehicles utilized by the Licensee in connection with performance under its license. Such
policy shall provide total liability limits for combined bodily injury and/or property damage
in the amount of at least $1,000,000 per accident, which total limits may be satisfied by the
limits afforded under such policy, or by such policy in combination with the limits afforded
by an “Umbrella” or “Excess Liability” policy(ies), provided, that the coverage afforded
under any such “Umbrella” or “Excess Liability” policy(ies) shall be at least as broad with
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respect to such business automobile liability insurance as that afforded by the underlying
policy. Unless included within the scope of the Licensee’s commercial general liability
policy, such business automobile liability policy shall also include coverage for motor
vehicle liability assumed under contract.
(D) Evidence of Insurance. A Licensee shall promptly provide the City Clerk with evidence
that the insurance coverage required hereunder is in full force and effect at least twenty
(20) days prior to the granting of a license by the City Clerk. At least thirty (30) days prior
to termination of any such coverage, Licensee shall provide the City Clerk with evidence
that such coverage will be renewed or replaced upon termination with insurance that
complies with these provisions. Such evidence of insurance shall be in the form of a
“Certificate of Insurance”, or in such other form as the City Clerk may reasonably request,
and shall contain sufficient information to allow the City Clerk to determine whether there
is compliance with these provisions. At the request of the City Clerk, the Licensee shall, in
addition to providing such evidence of insurance, promptly furnish the City Clerk with a
complete (and if so requested, insurer-certified) copy of each insurance policy intended to
provide coverage required hereunder. All such policies shall be endorsed to require that the
insurer provide at least a sixty (60) day notice to the City Clerk prior to the effective date
of policy cancellation, non-renewal, or material adverse change in coverage terms. The
Licensee’s insurance agent shall certify on the certificate of insurance, that he/she has
errors and omissions coverage.
(E) Insurer Policies. All policies of insurance required by this Chapter shall be issued by
financially responsible insurers licensed to do business in the State of Idaho. An insurer
with a current A.M. Best Company rating of at least A: VII shall be conclusively deemed
to be acceptable. In all other instances, the City Clerk shall have twenty (20) business days
from the date of receipt of a Licensee’s evidence of insurance to advise the Licensee in
writing of any insurer that is not acceptable to the City. If the City Clerk does not respond
in writing within such twenty (20) day period, the Licensee’s insurer(s) shall be deemed to
be acceptable to the City.
(Ord. 198-10-15, 10/20/2015).
6-5-8: EQUIPMENT STANDARDS.
(A) Equipment Requirements. All Solid Waste Collection and Transportation vehicles shall
be easily cleanable, leak-resistant, and shall be equipped with a cover comprised of metal,
canvas, or a fish-net type material capable of covering all Solid Waste while in transit.
(B) Maintenance. The Licensee shall maintain all Solid Waste Collection and Transportation
vehicles in a safe and sanitary manner, and provide brooms and shovels on each vehicle
for the purpose of cleaning up spilled material. All safety equipment including, but not
limited to, horns, lights, and reflectors shall be operable. Said vehicles shall comply with
all State of Idaho and Federal Department of Transportation regulations.
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(C) The Hauler shall also print or paint in legible characters the name and telephone number
of the Hauler on the driver’s and passenger’s side of all vehicles used to transport Solid
Waste and on each side of all containers used by the Hauler to store or collect Solid Waste.
Letters and numbers used for the Hauler’s name and telephone number shall be at least one
(1) inch high for all containers and vehicles.
(D) Inspection. All Solid Waste Collection and Transportation vehicles shall be subject to
random inspection by the City to determine compliance with this Chapter.
(Ord. 198-10-15, 10/20/2015).
6-5-9: STORAGE STANDARDS.
(A) Storage in Vehicles. The Hauler shall not allow Solid Waste to remain or be stored in or
on any Collection or Transportation vehicle (including roll-offs and other detachable
containers on vehicles), in excess of five days, except in the event of an emergency such
as inclement weather, equipment breakdown or accident. Any storage of Solid Waste in
containers must be done with a water impermeable cover.
(B) Storage Containers. The Hauler shall provide at least one Mixed Municipal Solid Waste
storage container to each of its customers. Such storage container shall be designed in a
manner as to prevent the release of Solid Waste to the environment and to preclude the
development of vector, odor, and Public Health Nuisance problems. The supplied
containers shall be reusable and rust, impact, vermin, and leak resistant. All supplied
containers shall include a moveable cover except for roll-off containers used to contain,
store or transport Construction or Demolition Debris or Industrial Solid Waste. Yard
Waste and/or Recyclable Materials storage containers shall be easily distinguishable from
Mixed Municipal Solid Waste storage containers.
(Ord. 198-10-15, 10/20/2015).
6-5-10: COLLECTION AND TRANSPORTATION STANDARDS. This section
governs the Collection, and Transportation of Solid Waste generated within the City, including but
not limited to Mixed Municipal Solid Waste, Yard Waste and Recyclable Materials. This section
also governs Curbside Collection and all Persons collecting and transporting Solid Waste within
the City.
(A) Hauler-Imposed Collection Fees.
(1) Haulers may offer to their customers a volume based fee for Solid Waste generated
at a Residential Building or at a Residential Property, by imposing charges for
collection of mixed municipal solid waste that increase with the volume or weight
of the waste collected, with the exception for fees charged for bulky items or
alternatively a fixed monthly fee for waste removal without regard to volume.
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CHAPTER 5 (Revision: December 7, 2023) Page 177
(2) If Collection of Yard Waste or Recycling Services are provided, the Hauler-
imposed fee for such services shall be indicated as a separate line item on a
customer’s bill.
(B) Curbside Collection. Haulers must provide to all of their regular customers curbside or
roadside services for the Collection and Transportation of Mixed Municipal Solid Waste.
Haulers may also provide Collection services for Yard Waste or Recyclable Materials to
those Generators wishing to contract for such services and may charge a separate fee
therefor. Once Source-Separated by the Generator, Yard Waste and Recyclable Materials
shall not be combined with Mixed Municipal Solid Waste by the Hauler.
(C) Collection Frequency. Each Hauler shall collect Solid Waste from each customer
container no less than once a week in order to preclude the development of odor, vector
and Public Health Nuisance problems. Putrescible Materials shall be collected, at a
minimum, once a week unless on-site composted by the Generator. Haulers offering to
collect Recyclable Materials shall collect such materials no less frequently than once a
month.
(D) Prompt Transportation of Solid Waste. All Solid Waste collected by a Hauler shall be
promptly removed to the County Solid Waste Land Disposal Facility or other Solid Waste
management facility properly licensed by the County once the vehicle is full. In no event
shall Solid Waste be stored in a licensed vehicle of the Hauler for a period of more than
five (5) days within the City except for unanticipated vehicle break-downs, natural calamity
or disaster. No Hauler shall engage in Dumping within the City or County.
(E) Recyclables. Haulers offering Recycling Services as set forth in their Application, shall
comply with the following regulations regarding removal and transport of Recyclable
Materials:
(1) Haulers shall not mix Source Separated Recyclable Materials with Mixed
Municipal Solid Waste or handle Source-Separated Recyclable Materials in any
way that reduces the reusability or marketability of the Source Separated
Recyclable Materials.
(2) Haulers shall at least once each year provide specific written information
concerning the Recycling Opportunities available to their customers.
(F) Mixing of Wastes Prohibited. Haulers shall not knowingly mix in or knowingly accept
for Collection in the City of any Mixed Municipal Solid Waste that contains Contaminated
Material, Household Hazardous Waste, automobile batteries, mercury, flammable or
explosive materials or fluids or any material which is prohibited from being intermingled
with Solid Waste or Mixed Municipal Solid Waste by the State of Idaho or United States
government.
(G) Open Burning Prohibited. No Hauler shall engage in Open Burning within the City.
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CHAPTER 5 (Revision: December 7, 2023) Page 178
(H) Securing of Loads. Any licensed Hauler who collects or transports Solid Waste shall do
so in a safe, sanitary and litter-free manner. The Hauler shall pack, cover, or secure all
loads between stops and before transport so as to prevent inadvertent escape of any Waste
or release into the environment. The Hauler shall promptly remove inadvertent littering or
spillage of Solid Waste as a result of the Hauler or the Hauler’s employees or agent’s
actions or inaction.
(Ord. 198-10-15, 10/20/2015).
6-5-11: OPERATIONAL STANDARDS.
(A) Protecting Private Property. The Hauler shall take reasonable care to prevent inadvertent
damage to the property of customers being served. The Hauler shall be responsible for any
damage or spillage of Solid Waste as a result of the Hauler or the Hauler’s employees or
agent’s actions or omissions. The Hauler shall promptly repair any damage to public or
private property caused by such inadvertent littering or spillage and any damage to the
customer’s Real Property or Personal Property or to any Real Property or Personal Property
owned or controlled by the City or signage of public facilities located within the public
right-of-way.
(B) Smoking, Smoldering or Burning Solid Waste. The Hauler shall not collect or transport
Solid Wastes that are smoking, smoldering, or burning.
(C) Dumping in an Emergency. The Hauler shall be responsible for the cleanup of any Solid
Waste that must be dumped because of an emergency. The operator of the vehicle shall
immediately notify the City Clerk of such Dumping and the appropriate law enforcement
agency and emergency service agency having jurisdiction over such Dumping. The
Haulers shall also clean up the area within a reasonable time limit set by the Director.
(D) Hours and Days of Operation. The Hauler may not collect or transport Solid Waste or
Recyclables from Residential Property or Residential Buildings before 7:00 a.m. or after
7:00 p.m., without prior written approval by the City Council. Collection of such Waste
or Recyclables shall not occur on any day of the week except Tuesday or on any
Wednesday where the preceding Tuesday is a legal holiday. Notwithstanding the
foregoing, the Council may proclaim a general state of emergency or severe weather
disruption, and in such event, collection or transportation may occur on any day specified
by the Council in such proclamation.
(Ord. 198-10-15, 10/20/2015).
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CHAPTER 5 (Revision: December 7, 2023) Page 179
6-5-12: REMEDIES.
(A) Any Hauler who fails to fully or timely discharge its duties under this Chapter is guilty of
an infraction for each day of violation and the Hauler may also be subject to license
revocation as provided below.
(B) Licenses issued under this Chapter may be revoked by the City Council upon competent
proof and evidence that such Hauler has failed to fully and timely discharge its duties under
this Chapter. Prior to such revocation the City Clerk shall mail a written Notice to the
Hauler advising of the proposed revocation and stating generally the reasons therefor. Such
Notice shall be delivered by certified mail, return receipt requested, postage prepaid and
addressed to the Hauler at the address specified on the Hauler’s application or any other
known address. Such Notice shall be delivered not less than twenty (20) calendar days
prior to the date when such action will be considered by the City Council.
(C) Prior to revoking the license, the Hauler, if present, shall be afforded an opportunity to
present testimony and evidence demonstrating why such license should not be revoked. At
the conclusion of the hearing, the City Council shall issue a written decision explaining the
facts and reasons for revoking or not revoking the license. Such written decision shall be
issued no later than thirty (30) days after conclusion of the hearing.
(D) Upon receipt of satisfactory proof that a Hauler has not discharged its duties under this
Chapter, the City Council may temporarily suspend the Hauler’s license upon a finding
that the Hauler’s continued operation within the City presents an immediate threat to the
public health, safety or welfare. Such revocation may be issued without prior notice to the
licensee, provided such temporary suspension shall not exceed a period of ten (10)
consecutive business days. Successive temporary suspensions shall not be made without
affording the licensee a hearing as provided in the preceding section.
(E) In the event a Hauler’s license is revoked, no new Hauler’s license shall, within a period
of one year thereafter, be issued to the licensee or any company controlled by the licensee
or having any common equity owner who held any interest in the licensee whose license
was revoked.
(Ord. 198-10-15, 10/20/2015).