HomeMy Public PortalAboutMinutes_CCSpecialMeeting_06182015SPECIAL CITY COUNCIL MEETING
JUNE 18, 2015 — 6:00 P.M.
IONA COMMUNITY CENTER
PRESENT: Mayor Brad Andersen, City Attorney Dale W Storer, Council President Robyn Walker,
Council Member Rob Geray, Council Member Dan Gubler, and City Clerk Julie Hammond.
ABSENT: Council Member Kathy McNamara, Public Works Director Zech Prouse, Police Chief
Matt Lurker, Building Inspector Allen Eldridge, Treasurer Amy Sullivan, and Animal Control Officer
Kayla Key.
VISITORS: Phil Seward, Sandra Wood, Dan Wood, Stephen Pinchard, and Todd Hanson.
Mayor Andersen welcomed everyone and explained that this was an informal meeting to get the local
waste haulers input on preliminary Solid Waste Hauler Regulations, Exhibit "A." He stated that trucks
are going in and out of Iona every day and it creates a problem during the winter. The City would like
to reduce the number of days the haulers are coming into the City to one or two days.
Waste Haulers from Grampa's Trash, PSI Environmental, and Rural Disposal Service were very
accommodating; with their input the following changes were proposed to the regulations:
6-5-4 (B): Financial Assurance. The City would look at striking financial assurance (performance
bond).
6-5-4 (C): License fee discussed was $100 or the normal Iona Business License Fee of $50.
6-5-8 (C): Change capacity to Gross Volume Weight (GVW), remove two inches from letter size
requirement, and remove requirement of addresses on containers.
6-5-9 (B): Remove roll -off containers.
6-5-10 (A) 2: Remove.
6-5-10 (C): Collection Frequency. Putrescible materials should be collected once a week.
6-5-10 (D): Change to Haulers Providing Recycling Services. Keep 6-5-10 (D) 1, strike 6-5-10 (D) 2,
and keep 6-5-10 (D) 3.
6-5-11 (D): Hours and Days of Operation. Haulers were willing to adjust their pickup day to Tuesday.
6-5-12 (B): Mr. Hanson of PSI will send recommended verbiage.
Attorney Storer would try and have a black -lined draft within a month.
Meeting Adjourned 7:00 p.m.
COUNCIL APPROVED: August 18 2015
Brad Andersen, Mayor
ATTEST:
1
Juli: ammond, City Clerk
SECTION:
6-5-1:
6-5-2:
6-5-3:
6-5-4:
6-5-5:
6-5-6:
6-5-7:
6-5-8:
6-5-9:
6-5-10:
6-5-11:
6-5-12:
's
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CHAPTER 5 -- v'
SOLID WASTE HAULER REGULATIONS
Policy, Purpose and Authority
Definitions
Hauler License Required
License Application Requirements
Review of Hauler License Application
Term of Hauler License and Renewals
Hauler Insurance Requirements
Equipment Standards
Storage Standards
Collection and Transportation Standards
Operational Standards
Remedies
6-5-1: POLICY, PURPOSE & AUTHORITY:
(A)
(B)
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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. d
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 environmental 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.
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 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: Those Solid Wastes that are not prohibited from
Transportation, Collection, Processing or Disposal pursuant to local, State 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 excludes any
Residential Site on said premises.
AUTHORIZED REPRESENTATIVE: An employee or agent of the City of Iona or of any
agency of the City who has been designated by the 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 and includes all removal and transportation activities up
to the time the Solid Waste is delivered to a Solid Waste Management Facility.
COMMERCIAL SITE: Any business, commercial, industrial, institutional or
governmental establishment.
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.
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 in the land, air or water,
or creates a significant threat to the safe or efficient operation of a Solid Waste
Management Facility.
COUNTY: Bonneville County, Idaho.
COUNTY BOARD: The Bonneville County Board of Commissioners.
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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.
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.
FEE: The Solid Waste Management Fee.
FINANCIAL ASSURANCE: A performance bond, letter of credit or other financial
instrument consistent with City policy as established by Resolution or Ordinance of the
City.
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
of, 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 include, but are not
limited to: explosives, flammables, oxidizers, poisons, irritants, and corrosives.
HOUSEHOLD HAZARDOUS WASTE CHHW"): 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.
LICENSEE: The Person who has been issued a license to cant' out any of the
activities for which a license is required under the provisions of this Chapter.
MAJOR APPLIANCE: 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 of the waste 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: Such term shall have the same meaning ascribed in Idaho Code
§ 49-123(1)(h) as the same exists on the date this Chapter is adopted or as amended
hereafter.
MULTI -UNIT RESIDENTIAL BUILDING: Any building with four or more residential
units.
NON-RESIDENTIAL ACCOUNTS: Solid Waste Management Services provided to any
non -Residential Building or parcel.
NON-RESIDENTIAL PROPERTY: All property that generates waste within the City that
is not defined as a Residential.
OPEN AREA: Areas outside of a building or structure.
OPEN BURNING: Buming any Solid Waste whereby the resultant combustion
products are emitted directly to the open atmosphere.
OPERATOR: Tthe 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 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 SITE: Any dwelling unit or property on which a single family home, a
duplex, a tri-plex, a four-plex, an apartment building, a mobile home, a condominium,
a townhouse, a cooperative housing unit, or any other residential building, (none of
which are used solely for commercial purposes) is located.
SELF -HAULER: A Person who transports their own generated Solid Waste.
SERVICE AREA: The geographical area within the City which receives Solid Waste
Management Services from a Licensee.
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 LAND 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.
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 MANAGEMENT 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.
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.
6-5-3: HAULER LICENSE REQUIRED: No Person shall engage in any Solid
Waste Collection and 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 not apply to Self -Haulers or to the
Transportation of Solid Waste through the City, without Collection of Waste from any
Generator or Real Property located within the City and without Disposing of Waste
within the City.
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, Financial Assurance, 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 Dember 31 st of each
calendar year, unless revoked earlier.
(B) Financial Assurance. The City Clerk shall r .[I mancial Assurance as
appropriate for any or all of the Hauler Solid Wa Management Activities, based
on their number of trucks, operational pr- s, and types of waste accepted.
�/ (C) License Fees. The Hauler and prospective haulers or applicants shall pay all
�l�iiC� license fees to the City Clerk with the License application and the license renewal
application. The amounts of such license fees and late fees for submittal of a late
application shall be established in the fee schedule set by the City Council by
Resolution or Ordinance. e \{/ OUSitkrt 4f, n
(D) 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 capacity, in cubic yards, as well
as the tare weight of each vehicle. If a vehicle is put into service during the license
year, the Hauler shall submit the required information for the vehicle to the City
Clerk and shall not use the vehicle until the City Clerk has issued a decal and the
decal has been affixed to the vehicle.
6-5-5: REVIEW OF HAULER LICENSE APPLICATION: After receiving a
complete License application that includes all required information, the City Clerk shall
have 60 days to either grant or deny the License. If any applicant is denied a License,
the applicant shall be notified in writing by the City Clerk 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.
(A) Operational Conditions. The Licensee shall comply with the operational conditions
stated in the application as approved by the City Council. 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/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.
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 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. Application for a License
renewal shall contain reports required by this Chapter. If applicable, the Licensee
shall submit Financial Assurance information including the Financial Assurance
mechanism used, the amount of bond or letter of credit, cash on deposit, amount
in a depository account or trust account and other information requested on a fomi
provided by the City Clerk. Failure to submit such information is grounds for
revocation or for not granting renewal of the License. If there are no changes in
Financial Assurance, it shall be so stated in the renewal application.
(C) License Not Transferable. Licenses granted by the City Clerk under this Section
are not transferable to other Persons.
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.
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 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.
04
6-5-8: EQUIPMENT STANDARDS:
(A) Equipment Requirements. All Solid Waste Collection and Transportation vehicles
shall be easily cleanable, leak -resistant, and be covered with metal, canvas, or a
fish -net type material while transporting Solid Waste.
(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.
pc) The Hauler shall also print or aint in legible characters the sapatif"y of each
vehicle, and the name, 4.cife"ss, and telephone number of the Hauler on each side
of all vehicles or containers used by the Hauler to store, collect or transport Solid
Waste in the City. Letters and numbers shall be at least four (4) inches high for all
vehicles and at least two ( (fiches high for all containers.
(ED) Inspection. All Solid Waste Collection and Transportation vehicles shall be subject
to random inspection by the City to determine compliance with this Chapter.
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. Solid Waste shall be stored in the proper storage containers
and 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 reusle, covered containers (e.g.,
cans, dumpsters, compactors, roll-off-eentafrtefs;Jetc.) that are rust, impact,
vermin, and leak resistant. Yard Waste and/or Recyclable Materials storage
containers shall be easily distinguishable from Mixed Municipal Solid Waste
storage containers.
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.
2. Haulers of Mixed Municipal Solid Waste in a City are prohibited from
placing additional charges on residential nerators for the collection of
recyclables. No Hauler shall impose a rater charge on residents who
recycle than on residents who do not cycle.
3. If Collection of Yard Waste is provided, the Hauler -imposed fee for such
Collection shall be indicated as a separate line item on a customer's bill.
(B) Curbside Collection. Haulers must provide curbside or roadside services for the
Collection and Transportation of Mixed Municipal Solid Waste and Recyclables.
Haulers may also provide services for Yard Waste collection 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 paste by the hauler.
(C) Collection Frequency. Each Hauler shall coll olid Waste from each container
no less than once a week in order to preclud a development of odor, vector and
Public Health Nuisance problems..PyfreQribie-Materials shall be collected, at a
minimum, once amiSTitixu less on -site composted. Recyclables shall be collected
once a month as a minimu
(D) Recyclables.
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 provide recycling opportu s to all their customers including
both residential and commercial a unts.
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3. Haulers shall at least once each year provide spe ' c written information
concerning the Recycling Opportunities availab o their customers.
(E) Prohibited Wastes. Haulers shall not mix in or knowingly accept for Collection in
the City of any Mixed Municipal Solid Waste that contains Household Hazardous
Waste, automobile batteries, mercury, flammable or explosive materials or fluids
or any material that has been banned from Solid Waste or Mixed Municipal Solid
Waste by the State of Idaho.
(F) 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 escape
of any Waste. The Hauler shall be responsible for any damage, litter or spillage
of Solid Waste as a result of the Hauler or the Hauler's employees or agent's
actions or inaction.
6-5-11: OPERATIONAL STANDARDS:
(A) Protecting Private Property. The Hauler shall take reasonable care to protect 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.
(B) Smoking, Smoldering or Buming Solid Waste. The Hauler may 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 in an emergency. The operator of the vehicle
shall immediately notify the City Clerk and the appropriate law enforcement
agency and emergency service of such emergency dumping and clean up the area
within a 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.
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, retum 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 to present
testimony and evidence demonstrating why such license should not be rendered.
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 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.
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