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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 A� 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) b re � use 14 -WO �-tb � G �(ea- 1T 5 \ X {� k cSe crk5 0, vP�ac a� ck 1n l / l� 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. eio 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. vis 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. G1W PDATA MS12T08 City of IontAPudic Works\Solid Waste FrenctsselShcd Waste Franchise.ORD.cmp3v2.wpcksm