Loading...
HomeMy WebLinkAbout2011-161FILE REFERENCE FORM 1 2011-161 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials Amended by Ordinance No. 2012-212 09/11/12 JR ORDINANCE No. 2011-161 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE NO. 2010-231 AS AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; PROVIDING THAT THE PROVISIONS OF SECTIONS 26-3, 26-4, 26-5, 26-7, 26-8(a), AND 26-9 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS SHALL EXPRESSLY APPLY TO CITY OF DENTON SOLID WASTE SERVICE; PROVIDING FOR THE AMENDMENT TO THE RESIDENTIAL REFUSE AND RECYCLING COLLECTION SERVICES RATES AND CLARIFICATION THEREOF (SCHEDULE SWR); AMENDING THE RESIDENTIAL MULTI -FAMILY HOUSEHOLD FURNITURE COLLECTION SERVICES RATE (SCHEDULE SWMFS); AMENDMENT TO THE MULTI- FAMILY CHEMICAL COLLECTION/RECYCLING RATE (SCHEDULE MFR); AMENDMENT TO THE COMMERCIAL SOLID WASTE COLLECTION SERVICES DUMPSTER RATES (SCHEDULE SWC); AMENDMENT TO THE COMMERCIAL RECYCLING SERVICES RATE TO REFLECT AN INCREASE TO THE SMALL BUSINESS RECYCLING CART RATE (SCHEDULE SWCR); AMENDMENT TO THE COLLECTION AND TRANSPORTATION SERVICES PERMIT AND CLARIFICATIONS (SCHEDULE SWP); AMENDMENT TO THE SANITARY LANDFILL SERVICES RATES (SCHEDULE SWL); PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. SECTION 1. The charges for Solid Waste collection services as authorized by Section 24- 42(b) of Article II, Section 24-66 of Article III and Section 24-4 of Article I of Chapter 24; and by Section 32-90 of Article IV of Chapter 32 of the Code of Ordinances of the City of Denton, Texas, are hereby established as follows: SOLID WASTE RATE SCHEDULES PAGE RESIDENTIAL REFUSE & RECYCLING COLLECTION SERVICES ............................. 3 Ratesand Fees............................................................................................................................. 3 Services........................................................................................................................................ 4 Miscellaneous.............................................................................................................................. 5 MULTI -FAMILY REFUSE AND RECYCLING SERVICES ................................................ 5 Ratesand Fees............................................................................................................................. 6 Services........................................................................................................................................ 6 Miscellaneous.............................................................................................................................. 7 COMMERCIAL REFUSE & RECYCLING COLLECTION SERVICES ............................ 7 Rates and Fees — Commercial Refuse......................................................................................... 8 Rates and Fees — Commercial Recycling.................................................................................. 10 CommercialService Fees.......................................................................................................... 11 Shared Container Fees — Square District................................................................................... 13 Miscellaneous....................... :.................................................................................................... 14 1 CONSTRUCTION, DECONSTRUCTION, AND DEMOLITION MATERIALS SERVICES...................................................................................................................................16 Ratesand Fees........................................................................................................................... 16 Miscellaneous............................................................................................................................ 16 LANDFILL SERVICES.............................................................................................................17 Ratesand Fees........................................................................................................................... 17 Services...................................................................................................................................... 18 Miscellaneous............................................................................................................................ 19 COLLECTION AND TRANSPORTATION SERVICES PERMIT ..................................... 20 Fees............................................................................................................................................ 21 Miscellaneous............................................................................................................................ 24 2 SCHEDULE SWR AND SWRR RESIDENTIAL REFUSE & RECYCLING COLLECTION SERVICES (Effective 10/01/11) Residential accounts are defined as: Each living unit of a residential lot, each unit of a duplex or triplex, and any single unit or living space in which a person or single family resides. All refuse or recycling must be placed within a bag and within the appropriate cart with the lid fully closed, and placed at the curb by 7:00 a.m. on the scheduled collection day. Carts are only collected one time per week. Residential accounts will be billed monthly. Rates and Fees (SWR) Refuse - Standard Cart Refuse - Small Cart Refuse -Large Cart (SWRR) Recycling Minimum Monthly Billing Rate Residential Rates and Fees Monthly Service Rates 1 Cart 2 Cart 3 Cart $19.25 N/A N/A $17.10 N/A N/A $21.95 $40.00 $60.00 Excess Refuse per cart reload and empty $5.15 $5.15 $8.15 Yard Waste (per Cubic Yard, in excess of 6 cubic yards) Large Household Item (per item, in excess of 4 items per year) Appliance with PCB's or refrigerants (per item) Electronics (per item) Residential C&D (mobilization) Residential C&D (per cubic yard) Cart Redelivery Fee $17.85 $6.00 $7.00 $5.00 $50.00 $20.00 $70.00 $10.00 $25.00 Services Residents shall contact Customer Service a minimum of one day prior to their scheduled collection day to request that Solid Waste collection personnel perform any services other than the scheduled weekly collection of the refuse and recycling. Minimum Billing/Base Rate Service A minimum monthly billing rate is applicable for an unoccupied residential unit and shall only be effective after written application is made by the ratepayer with the Customer Service Department, and such minimum billing rate shall be limited to a maximum period of six months per calendar year. F.xce-, Refivice Solid Waste collection personnel will reload the refuse cart with additional bagged refuse materials adjacent to the refuse cart. Yard Waste There is no additional charge for the collection of up to 6 cubic yards (CY's) of yard waste per week (i.e. bagged grass clippings, bagged leaves, brush, and tree limbs which are cut in less than 4' lengths and stacked). If the volume of yard waste exceeds 6 CY's but does not exceed 11 CY's, the total volume will be collected, and a fee per CY will be charged for each CY in excess of 6 CY's. If the total volume exceeds 11 CY's the resident shall contact Customer Service to request collection. Large Household Items Solid Waste collection personnel will collect up to four large household items per year, for no additional charge. Large household items are residential household type items that are consistent with household use, such as furniture and selected appliances. Appliances Appliances manufactured to contain PCB's or refrigerants will be charged for the collection and disposal of each appliance and/or the associated materials. Electronics Televisions, monitors, video displays, electronic devices and certain appliances containing cathode ray tubes, LED, LCD, or plasma displays will be charged for the collection, processing, recycling and disposal of these devices. Residential C&D Residential C&D waste includes but is not limited to lumber, brick, fencing, and drywall, not exceeding 8' in length. If the customer has over (8) cubic yards of C&D waste for collection at 4 any one pick-up, the customer is required to have a City refuse container of adequate size to contain the waste, and maintain a collection service frequency of at least once per month. Household Hazardous Waste Residential household hazardous wastes are unwanted chemicals that should not be placed in your refuse cart (pesticides, herbicides, cleaning chemicals, paints, oils, etc.). These wastes should be kept in their original container and set on the curb, approximately four feet from the refuse and recycling cart. Redelivery Fee Residential customers will be charged a re -delivery fee to reset each cart pulled for nonpayment. Miscellaneous When initiating new service, a deposit may be charged. Residential customers may be provided commercial containers and service at the published commercial rates. Temporary containers may be placed on residential property for up to thirty 30) days, with no more than three 30-day periods per year. Should any other fees and/or charges be established by any other authorized governmental entity, those fees and/or charges will be added to the monthly rate stated hereinabove in order that the City shall recover those additional costs from the customer. Other residential services may be provided at fees established by the department, and approved by the General Manager. The fees established will recoup the cost of service including the special and administrative services provided. SCHEDULE MFR AND SCHEDULE SWMFS MULTI -FAMILY REFUSE AND RECYCLING SERVICES (Effective 10/01/11) A multi -family unit includes each separate living unit of a four-plex, apartment, condominium, or other multi -family living facility with four or more residences. Multi -family facilities are provided refuse collection services, and recycling collection services if requested. In addition to those services, multi -family residents receive Household Chemical Collections and Recycling Services and have the option to subscribe to either of the two Large Household Item Collection services offered. 5 Rates and Fees Multi -Family Rates and Fees Household Chemical Collections and Recycling Services (MFR) Multi -Family Household Chemical and Recycling (per living unit per month) 1 $2.30 Large Household Item Collections (SWMFS) Annual Container Service (per living unit per month) 1 $2.60 On -Demand Container Service 4 CY Side Load Furniture Container 8 CY Front Load Furniture Container Electronics (per item) Appliances with or without PCB's or refrigerants Household Chemical Collections Monthly Rental Collection Fee $24.00 $52.00 $38.00 $71.00 $20.00 Not Collected Multi -family household chemicals are unwanted chemicals that should not be placed in your refuse container (pesticides, cleaning chemicals, paints, oils, etc.). Residents shall contact Customer Service for their collection, and the materials should be placed at an agreed upon location. Annual Container Service A furniture container will be placed at a designated location and serviced weekly on the regular collection day. This requires a twelve (12) month service subscription. On -Demand Container Service A furniture container will be placed at a designated location and Customer Service must be notified one day in advance for the container to be serviced. If the furniture container is contaminated with refuse, construction materials, or contains other non -furniture materials, the standard refuse service fees will apply. Services Residents shall contact Customer Service a minimum of one day prior to their scheduled collection day to request that Solid Waste collection personnel perform any services other than the scheduled weekly collection of the refuse and recycling. Electronics Televisions, monitors, video displays, electronic devices and certain appliances containing cathode ray tubes, LED, LCD or plasma displays will be charged for the collection, processing, recycling, and disposal of these devices. Appliances Appliances for multi -family residents are not collected through an appliance collection route, and may only be placed in the facility dumpster if they were not manufactured to contain PCB's or refrigerants. If they were manufactured to contain PCB's or refrigerants they should be transported by the resident to the landfill. Special Collection Special collection services may be provided to multi -family facilities upon request. Miscellaneous Should any other fees and/or charges be established by any other authorized governmental entity, those fees and/or charges will be added to the monthly rate stated hereinabove in order that the City shall recover those additional costs from the customer. SCHEDULE SWC AND SCHEDULE SWCR COMMERCIAL REFUSE & RECYCLING COLLECTION SERVICES (Effective 10/01/11) Every owner, occupant, tenant, or lessee of any business, commercial, or institutional property not entitled to receive residential refuse collection service shall be required to have commercial solid waste collection service provided by the City of Denton. Only materials mutually agreed upon by the commercial recycling customer and the City are acceptable in the provided recycling container. The owner/manager of the commercial entity is the party responsible for notifying his/her personnel of proper recycling procedures. New commercial business development and redevelopment will be provided solid waste commercial refuse and recycling services, as outlined in the Denton Development Code and Site Plan Criteria Manual. Refuse and recyclables will be collected in city provided or city approved containers only. All businesses utilizing non -city owned containers shall comply with the requirements of the Collection and Transportation Rate Schedule (SWP) and shall be permitted per the requirements of the schedule. 7 Should any other fees or charges be established by any other authorized government entity, those fees will be added to the monthly rates stated within this ordinance in order that the City may fully recover the additional governmental fees. Commercial accounts will be billed monthly or semimonthly. Rates and Fees — Commercial Refuse Commercial Refuse Rates and Fees Commercial Refuse Cart Service 1 Cart 2 Carts Extra Empty Monthly Refuse Rate $22.50 $43.00 $22.50 Monthly minimum billing for all non -cart customers $22.50 3 CY Front Load 4 CY Front Load 6 CY Front Load 8 CY Front Load 3 CY Side Load 4 CY Side Load Commercial Front Load Services Services per Week 1 2 3 Extra Empty $69.00 $141.00 $216.00 $40.00 $84.00 $173.00 $263.00 $45.00 $107.00 $220.00 $332.00 $59.00 $130.00 $266.00 $402.00 $74.00 Commercial Side Load Services Services per Week 1 2 3 Extra Empty $86.00 $178.00 $269.00 $41.00 $105.00 $216.00 $326.00 $46.00 Temporary Front Load Container Service Monthly Rental Collection Fee 4 CY Front Load $76.00 $82.00 8 CY Front Load $76.00 $112.00 Roll -Off: Open Top and Compactor Container Services Scheduled On -Demand Landfill Fee Monthly Rental Collection Fee Collection Fee per Ton 15 CY Open Top 20 CY Open Top 30 CY Open Top 40 CY Open Top 20 CY Compactor 30 CY Compactor 35 CY Compactor 42 CY Compactor Monthly Rental Monthly Collection $117.00 $235.00 $255.00 $38.50 $129.00 $235.00 $255.00 $38.50 $152.00 $235.00 $255.00 $38.50 $160.00 $235.00 $255.00 $38.50 $363.00 $235.00 $255.00 $38.50 $413.00 $235.00 $255.00 $38.50 $492.00 $235.00 $255.00 $38.50 $600.00 $235.00 $255.00 $38.50 6 Cubic Yard Compactor Service 1 2 3 4 $136.00 $136.00 $136.00 $136.00 $168.00 $479.00 $797.00 $1,242.00 IC On demand municipal solid waste (MSW) collections, excluding construction, deconstruction, and demolition materials, must be collected a minimum of once per week to meet the State of Texas Municipal Solid Waste handling requirements. Commercial Recycling The contamination rate must not exceed 10% of the hauled load to qualify as recyclable materials. On demand recyclables equal to or greater than 10% contamination must be hauled a minimum of once per week. Containers with loads exceeding 10% contamination are considered MSW and will be hauled and billed by the City of Denton as MSW. The City of Denton has the authority to inspect the contents of any container located within Denton's city limits in order to determine the materials content of the container, so as to ensure compliance with the contamination requirements, which shall not exceed 10%. Rates and Fees — Commercial Recycling Comme rcial Re cycling Rate s and Fe e s Commercial Cart Service 1 Cart 2 Carts Extra Empty Monthly Recycling Rate $5.15 $10.30 $5.15 4 CY Front Load 6 CY Front Load 8 CY Front Load Commercial Front Load Recycling Services per Month 2 4 Extra Empty N/A $56.00 $73.00 $40.00 $66.00 $76.00 $95.00 $52.00 N/A $94.00 $114.00 $65.00 Temporary Front Load Container Service - 8 CY Front Load C omingled Select Commodity Monthly Rental Collection Fee $67.00 $77.00 $67.00 $44.00 10 Small Events Dumpster Package Extra Empty Special Events Recycling (Delivered) Collapsible, Portable Receptacles $57.00 8 CY Dumpster with 1 Empty and $114.00 Collapsible, Portable Receptacles Extra Empty of 8 CY Dumpster $114.00 Commercial Refuse and Recycling Cart Service In those areas where commercial cart collection is available, small quantity waste generators, generating less than one cubic yard of refuse per week, may contract for once per week cart service. All waste must be contained in the cart, and the cart set out for collection no later than 7:00 a.m. on the scheduled collection day. A maximum of four carts are available, two refuse and two recycling. The cart(s) will only be serviced one time per week. Service above this level will require the customer to subscribe to front -load container service. Commercial Service Fees Commercial Service Fees Roll -Off Delivery / Relocation / Inaccessible Fee $95.00 FL/SL Delivery / Relocation / Inaccessible Fee $75.00 Commercial Cart Delivery $25.00 Minimum Monthly Charge 1 $22.50 Wait Time Fee (per hour, billed in 15 minute increments) 1 $85.00 Same Day Service Fee (request same day service after 11:00 a.m.) 1 $50.00 Lock Installation or Removal (Charge for each service) 1 $200.00 Deposit For up to 4 Containers $200.00 Each Addiditonal Container $50.00 Front Load / Side Load Quarterly Container Cleaning per Container per Month $30.00 Semi -Annual Container Cleaning per Container per Month $15.00 On -Demand Container Cleaning per Container $150.00 No Parking Zone Initial Calendar Year $175.00 (Single Length) Monthly Renewal Fee for Subsequent Years $2.80 11 No Parking Zone Initial Calendar Year $350.00 (Extra Length) Monthly Renewal Fee for Subsequent Years $5.50 Delivery / Relocation / Inaccessible Fee A fee will be charged for the delivery of a container, the relocation of a container, or if the container is inaccessible at the time of service. Minimum Charge A monthly minimum charge will be charged to all non -cart commercial solid waste customers. ait Time Fee Customers that request the driver wait so that they can provide an additional service to the customer will be charged an on -site waiting time fee charged in fifteen (15) minute increments. Same -Day Service Fee The Solid Waste Department Customer Service personnel must receive on -demand service requests prior to 11:00 a.m. on the day service is desired in order to provide same day collection service. Lock Installation Fee For the Solid Waste Department's installation or removal of container locks. Deposit Fee For containers, a commercial solid waste service deposit is required. Payments to the City that are not received by the due date will result in the customer's deposit being increased during the next billing cycle. The deposit increase will be based upon the customer's billing history. To continue receiving service, the customer is required to remit the previous service balance owed and the increased deposit charges. The General Manager, Solid Waste Services, or designee, may waive the deposit based upon the review of the customer's credit history and other criteria. No Parking Zone Fees for Containers in Right -of -Way No Parking Zone fees provide for an identifiable and painted area in the street which is designated as a vehicular No Parking Zone, which provides for road clearance, allowing the City's trucks to always have accessibility to the customer's container. The No Parking Zone is designed to prevent the container from being blocked by another vehicle, and therefore eliminates additional service fees from being charged to the customer, and the need for the city's truck driver to return to the customer's address and empty the container once a vehicle blocking a container has moved. Customers may secure a dedicated No Parking Zone for front load and side load containers by completing an application with the City Traffic Engineer. 12 Container Cleaning Fees Commercial container cleaning services are available for front -load or side -load containers. The service is a one-year service subscription that is elected by the customer. The one-year service agreement is on a annual basis, not a fiscal year basis. Only empty containers will be transported and cleaned, and are projected to be off the customer's site for no longer than four hours. Shared commercial container customers that desire to have their containers cleaned shall determine the monthly amount to be billed to each customer, which when totaled shall equal the monthly rates for scheduled services or the on -demand service rate. Shared Commercial Containers — Square District Shared container collection services which include both refuse and recyclables collections at each business site within the Square District of the City of Denton's Downtown Implementation Plan area will be provided for the charges listed below. Shared Container Fees — Square District Shared Commercial Containers - Square District Residential: Per living unit within the Square District $22.50 month Commercial Business: For 1 Cubic yard of Service (Minimum) $22.50 month For 2 or more Cubic Yards of Refuse or Recyclables $16.80 per Cubic Yard Administrative Fee for 2 or more Cubic Yards 1 $2.00 month Property owners within the Square District may have individual business containers on their property if they choose not to use shared container service. Shared Commercial Containers (Outside of Square District) Shared commercial container customers must have at least one (1) cubic yard of service per customer per week. The use of shared commercial containers shall be determined by the Solid Waste Division staff. Rates will include the additional monitoring, billing, and administrative costs associated with this service. Shared accounts are subject to other applicable service fees. 13 Miscellaneous All new commercial business development and redevelopment will be provided solid waste commercial refuse and recycling services, as outlined in the Denton Development Code and the Site Plan Criteria Manual. Refuse will be collected in City approved or City provided containers only. All non -City owned containers shall have a container permit affixed to the outside of each container in a location that is clearly visible when viewed by Solid Waste Department employees, from the front of the collection site. Commercial refuse collection services are provided through a volume -based rate system. The City reserves the right to reject recycling loads containing any materials other than the contracted material. If a load is rejected as recyclables by the City, it will be handled as municipal solid waste (MSW) and incur both the rejected recycling charges as well as associated commercial solid waste disposal rates. Other services may be provided at fees established by the department, and approved by the General Manager. The fees established will recoup the cost of service including the special services and administrative services provided. Should any other fees and/or charges be established by any other authorized governmental entity, those fees and/or charges will be added to the monthly rate stated hereinabove in order that the City shall recover those additional costs from the customer. Special Waste Denton's acceptance and disposal of Special Waste is defined by the State of Texas in the Texas Municipal Solid Waste Management Regulations and is conditional upon the special waste requested from the customer for disposal. Acceptance of special waste is subject to Federal and State laws and regulations, and the City of Denton has the right to refuse to accept or collect special waste at their discretion. Charges, approved by the General Manager, Solid Waste, for the collection and disposal of special waste, will be established based on the type of special waste, and the requirements for collection and disposal of the waste. Service Requirements Equipment Uses - All equipment furnished by the City, shall at all times be considered the property of the City. Customer shall keep the equipment free and clear of all levies, liens and encumbrances. Customer shall not modify the equipment or use it for any purpose other than as set forth herein. The City shall repair, as necessary, the equipment(s) furnished. The Customer, however, agrees to be solely responsible for any damages to or loss of equipment resulting from any negligent acts or misuse by the Customer or Customer's agents or employees, or invitees. The City may temporarily replace the size and/or the type of equipment contracted for with one or more pieces of equipment(s) of equivalent capacity for the purposes of repairing the equipment. Customer agrees that the equipment is in the Customer's care, custody, and control at all times. 14 Equipment Location - Customer shall provide an accessible location for the Equipment that is safe and provides adequate and legal clearance. This means that for a radius of at least five (5) feet around the Equipment there will be no objects or obstructions other than enclosures that meet City -required clearance standards. No container shall be set closer than two (2) feet to any structure (exception: a bollard in an enclosure). Additionally, the path that the City's Service truck must take on Customer's premises, must provide a minimum clearance on each side of the City's truck of at least two (2) feet. Overhead clearance of twenty-five (25) feet is required for roll -off containers, and twenty (20) feet for front and side -load containers. Failure to maintain or provide these minimum clearances will result in the City's refusal to pay any and all damage claims and/or to service the container. Customer will be solely responsible for providing access to the Equipment at all times, and agrees that Customer shall not be relieved of payment of any charges for Services contracted for, but not provided by the City, because of Customer's failure to maintain continuous prescribed access to the Equipment. Outside of normal wear and tear, the maintenance required to place the Container at another location will be charged to the Customer. Weight Limits - Loaded side -load containers shall not exceed a total weight of one ton. Loaded front -load containers shall not exceed a total weight of two tons. Any container evaluated by the City's collection manager to contain excess weight shall be emptied by the customer to the level determined by the collection manager prior to being serviced. Tickets and/or fines for overweight roll -off loads, and the City's administrative costs, are the responsibility of the customer, and shall be paid by the customer. Indemnification and Hold Harmless - Customer agrees that the City will not be liable to Customer. Customer shall defend, indemnify and hold the City harmless from any and all claims made by Customer's lessor or Customer's lessee at the Service location, and any and all claims made by any other person having an interest in the property situated at the Service location, for any loss, damage or deterioration of the pavement, surface or subsurface materials or facilities at the Service location by reason of use thereof by the City's trucks that are used to Service the Equipment. Customer agrees to release, indemnify, defend and hold harmless the City of Denton, Texas from and against any and all claims for damages to enclosures or screening devices, from solid waste Equipment which do not have an access opening of at least twelve (12) feet inside diameter (ID) for front -load Equipment; and fifteen (15) feet (ID) for roll -off Equipment. Customer further agrees to release, indemnify, defend and hold harmless the City of Denton, Texas, from and against any and all claims of damages related to the furnishing of commercial solid waste service performed by the City. `Fi SCHEDULE SWC&D CONSTRUCTION, DECONSTRUCTION, AND DEMOLITION MATERIALS SERVICES (Effective 10/01/11) For construction, deconstruction, demolition, and renovation sites where the customer requests the City of Denton provide roll -off collection services for the recycling and reuse of the salvaged materials. Rates and Fees Rates are established for roll -off collection, transportation, and processing services of the listed materials and any other mutually agreed upon materials for which recyclable and reuse markets exist. Uncontaminated C&D materials will be accepted on a per ton or a cubic yardage basis. Rates charged will be based on the quantity and quality of materials to be delivered. Construction, Deconstruction, and Demolition Rates and Fees 20 CY Roll -Off 30 CY Roll -Off Mixed C&D Material Concrete, Block, Bric Processing Fees Wood Miscellaneous Monthly Rental Collection Fee Landfill Fees $116.00 $255.00 N/A $137.00 $255.00 N/A N/A N/A $5.00 per CY N/A N/A $5.00 per CY N/A N/A $5.00 per CY N/A N/A $23.00 per Ton The City reserves the right to reject C&D loads containing any materials other than the agreed upon material. If a load is rejected, it will be handled as municipal solid waste (MSW) and incur commercial solid waste disposal rates. Other commercial services may be provided at fees established by the Solid Waste Division, and approved by the General Manager, Solid Waste Services. The fees established will recoup the costs and administration of the special services provided. Should any other fees and/or charges be established by any other authorized governmental entity, those fees and/or charges will be added to the monthly rate stated within this ordinance in order that the City shall recover those additional costs from the customer. `H. Rates and Fees SCHEDULE SWL LANDFILL SERVICES (Effective 10/1/l 1) MSW Disposal Rates Minimum Charge (per load) 1 $20.00 Unsecured Loads 1 $20.00 Gate Rate (per ton) Commercial Rate (per ton) Wholesale Rate (per ton) State Surcharge (per ton) Uncompacted Rate (per CY) Compacted Rate (per CY) C&D Rate (per CY) $42.25 $26.75 $21.75 $1.25 $7.70 $8.10 $5.00 Tires Each Street tires < 3 1 " diameter $8.00 Street tires > 3 1 " diameter and < 42" diameter $10.00 All off -road tires and street tires > 42" diameter $20.00 Yard Waste Per Ton Whole tree stumps $50.00 Bagged or unbagged grass, leaves $20.00 Brush < 12' $20.00 Brush> 12' $30.00 Appliances Appliance with PCB's or refrigerants (per item) 1 $50.00 Electronics Electronics (per item) 1 $15.00 17 Clean Inert Material < 100 CY's Clean Inert Material > 100 CY's Inert Material Other Charges Hand unloading outside regular operating hours Materials pull off charge Sand, Select Soil, Rock and Crushed Concrete Sales Per CY $10.00 $7.00 $120.00 / Hour $40.00 / Pull Sand and Soil: Sand Select Soil City Loaded Per CY Per CY Sand & Soil < 50 CY's $5.00 $7.00 Sand & Soil > 50 CY's $3.00 $4.00 Customer Loade d Sand & Soil> 50 CY's Rock and Crushed Concrete: Rocks Crushed Concrete Materials Delivery Fee Services Per CY Per CY $2.00 $3.00 $5.00 Per 100 Lbs $7.00 Per CY $100.00 Per Load Customers with greater than 3,000 monthly tons may receive different rate structures for varied waste categories or guaranteed delivery volumes. Unsecured Loads In compliance with State regulations, solid waste loads that are not adequately secured to prevent the material from spilling will be charged an Unsecured Load Fee. Appliances Appliances manufactured to contain PCB's or refrigerants for which the customer provides no certified removal documentation of the PCB's or refrigerants will be charged for the disposal of each appliance and/or the associated materials. 18 Electronics Televisions, monitors, video displays, electronic devices and certain appliances containing cathode ray tubes, LED, LCD, or plasma displays will be charged per device for disposal of these devices. Sand, Select Soil, Rock and Crushed Concrete Sales The Solid Waste Department may sell excess sand, select soil, and rock to the public. Note: Customers wishing to purchase large volumes of soil, greater than 50 CY's, and load their own vehicles, will be required to provide proof of insurance meeting the city's minimum liability insurance coverage. Large volume sales and the actual rates charged will require pre -approval by the General Manager, Solid Waste. The soils must be excess to the needs of the Solid Waste Department. Pricing for special soils will be established by the General Manager, Solid Waste at a rate to fully recover costs. Special Waste and Other Waste Streams The acceptance by the landfill of and the disposal of special waste or other waste is conditional. Acceptance of special waste or other waste is subject to Federal and State laws and regulations. The City of Denton has the right to refuse to accept or dispose of special waste or other waste at its discretion. Charges for the disposal of special waste or other waste will be established based on the type, characteristics, and amounts of waste, as well as the requirements for disposal of the waste. Such charges shall be established by the General Manager, Solid Waste, or designee. Miscellaneous The current State of Texas landfill surcharge of (30 TAC 330.602) $1.25 per ton is a pass - through charge collected on behalf of the State of Texas. Any additional assessment or fees established by a governmental entity will be added to the disposal rates and assessed on all waste delivered to the landfill. Other landfill services that are not otherwise listed under this Schedule SWL may be provided by the City at fees established by the General Manager, Solid Waste. Such fees shall be established that will recover the operational costs, administrative costs, and any other direct or indirect costs incident to the non -listed landfill services. Used Container Sales The Solid Waste Department will sell used metal containers and used surplus carts from time to time, as they become available for sale. 19 SCHEDULE SWP COLLECTION AND TRANSPORTATION SERVICES PERMIT (Effective 10/01/11) Any person, entity, or business engaged in the collection and transport of waste, recyclables, or other materials as classified within this rate schedule, and operating within the City of Denton must possess a current permit issued from the City prior to providing collection and transportation services. Any private container located within the City of Denton for use in waste and recyclables collection services is required to be permitted. Permits for collection and transportation services are required for, but are not limited to, the following wastes and recyclables classifications: • Municipal Solid Waste • Special Waste • Medical Waste • Hazardous Waste • Restaurant Oil and Grease • Grease & Grit Trap Waste • Commercial and Industrial Recyclable Materials — containerized and baled • Residential Recyclable Materials • Construction and Demolition (C&D) materials, recyclables, reuseables, and discarded C&D materials • Waste and recyclable collection service providers operating in newly annexed areas, or contract service providers for the city • Refuse or recyclables that the City does not collect and transport. The person shall apply for a permit from the city, and shall pay the required application fees at the time of permit application. All permits are non -transferable and are granted as non-exclusive service permits. Granting permits will be at the discretion of the City to meet the needs of the community. The permit applicant must pay the required fees, and meet all permit requirements prior to the issuance of a permit. Applicants with a Texas Commission of Environmental Quality (TCEQ) poor compliance history may not be permitted. All non -City of Denton container owners (roll -off containers, self contained compactors) are required to annually pay the per cubic yard container fee to the City of Denton for each container located within Denton's city limits. Applicants will qualify to be permitted as `Small Operators' if they have four or fewer service locations within the City of Denton, and operate with an organizational fleet of two vehicles or less, including trailers, of which each vehicle does not have a Gross Vehicle Weight Rating (GVWR) of more than 14,000 pounds. Granting of Permit As a condition of granting a permit, the person or entity receiving such permit (permittee) agrees 20 to execute and comply with all requirements of the service agreement, carry specific types and amounts of insurance, submit reports, and timely pay the necessary fees. Following the granting of a permit, permit stickers shall be issued by the City and shall be placed by the permittee on all vehicles operating within the city limits of Denton and upon all containers placed within the City limits of Denton. Collection and transportation vehicles operating in Denton, and containers set in Denton are required to display a current and valid calendar year permit decal at all times. If decals are lost by the permittee, and are not visible on their vehicles or containers, then the vehicles and/or containers must be re -permitted by the permittee, and all appropriate fees paid, prior to the vehicles or containers being placed in service within Denton's city limits. The City of Denton is not responsible for lost decals. Permits are issued annually, beginning December t", and are effective from January lst or the date of issuance, whichever is later, through December 31 st of the same calendar year. The permit application process should be initiated and fees should be paid as early as possible during the last quarter of each calendar year for the upcoming calendar year so that adequate time is available for review and processing of the application. Submittal of applications by December 1" will eliminate the possibility of permits being issued after January 1" City staff, after reviewing the permit application and agreement, and after conducting any necessary research, may issue the permit, issue the permit with conditions, or deny the issuance of the permit. The City will establish the number of permits to be issued in each materials category. F,xAlRions Individuals living within the City limits of Denton, and hauling personal materials, wastes, or recyclables from their primary living residence are exempt from this requirement. Any person, who transports applicable materials three or fewer times per year, shall register with the City on the forms provided for that purpose. No annual service fees are required, but registration and permitting through the City is required. Fees Collection and Transportation Services Permit Fees Non City of Denton Service Providers Special Waste / Medical Waste / Hazardous Waste Application Fee Service Fees: Tier IV engines manufactured after January 2011 with engines manufactured after January 2007. Tier III engines manufactured between Jan. 2007 and Dec. 2010. Paid Annually 1 $1,000.00 Per Vehicle 1 $1,000.00 Per Vehicle 1 $1,500.00 21 Engines manufactured between Jan. 2003 - Dec. 2006. Engines manufactured prior to Jan. 2003. Container Fee, per Cubic Yard, per container (If applicable) Gross Revenue within City of Denton Per Vehicle $2,250.00 Per Vehicle $3,000.00 Paid Annually $4.00 Paid Quarterly 1 5% Restaurant Oil & Grease / Grease & Grit Trap / Commercial and Industrial Application Fee Paid Annually $500.00 Service Fees: Tier IV engines manufactured after January 2011 with engines manufactured after January 2007. Per Vehicle $1,000.00 Tier III engines manufactured between Jan. 2007 and Dec. 2010. Engines manufactured between Jan. 2003 - Dec. 2006. Engines manufactured prior to Jan. 2003. Container Fee, per Cubic Yard, per container (if Gross Revenue within City of Denton Per Vehicle $1,500.00 Per Vehicle $2,250.00 Per Vehicle $3,000.00 Paid Annually $4.00 Paid Quarterly 5% Right -of -Way Fee Per Cubic Yard, per Container, per Month (if applicable) Paid Monthly $4.00 0% Small Operators Collection and Transportation Services Permit Fees Non City ofDenton Service Providers SMALL OPERATORS - Special Waste, Madical Waste, Hazardous Waste, Restaurant Oil Application Fee Paid Annually $200.00 Service Fee Per Vehicle $400.00 Container Fee Per Cubic Yard, per container (if applicable) Paid Annually 1 $4.00 Revenue Fee Gross Revenue within City ofDenton Paid Quarterly 5% Right -of -Way Fee Per Cubic Yard, per Container, per Month (if applicable) Paid Monthly $4.00 Service providers desiring to provide services in more than one service category are required to complete permit documentation and pay the applicable fees for each service category they desire to provide within Denton's City limits. All fees paid are nonrefundable. Application, service, and container fees are payable at the time of application submittal. Right- of-way usage fees are due and payable prior to setting a container in the right-of-way. Service and container fees are non -transferable between vehicles and containers, and are unit specific. Service fees based on a percentage of gross revenues from the collection, disposal, treatment, processing and transportation services provided within Denton are due quarterly and require payment to the City within twenty (20) calendar days following the end of each calendar quarter. Container fees apply to each container placed by the permitee within the City limits of Denton, and non -City owned containers serviced by the City, but do not apply to City of Denton owned containers. Containers are defined as any refuse containment equipment, which can be lifted and emptied using a special vehicle designed for that use, i.e. which are not emptied manually. Container fees are established for each cubic yard of container capacity, per container, as listed within the Fees section. All containers require a container permit fee regardless if the container is or is not placed on the ground. Permitting and fees are applicable and due for all businesses hauling baled recyclables generated from businesses located within Denton's City limits. The quarterly calculation of a percentage of revenue, and of materials sales, and of services provided requires that the calculation be provided, with complete financial detail, to the City along with the service fee payment to the City. This written financial disclosure shall provide a detailed explanation of how all calculated service fees were determined, and shall be provided to the City either quarterly or monthly, at each required service fee payment period. 23 If the full payment is not received by the due date (20th day of the month following the end of the reporting quarter) a penalty of 10% of the amount due will be charged, with an additional 1 % charge due, for late payments beyond thirty (30) days, for each thirty (30) day period the balance due is not received by the City of Denton. Permittees currently permitted, and choosing not to reapply for and make payment for a new collection and transportation services permit by December 31 st , for the upcoming calendar year beginning January I" will be assessed an additional $500 fee upon permitting or may not be granted a permit by the City of Denton. If all permit fees are not paid prior to December 31 St, all unpermitted containers will be removed from their service provider locations beginning January 1st by the City of Denton. Collection of these containers by the service provider requires that the time and materials charges incurred by City staff to relocate these containers must be reimbursed to the City by the service provider, prior to the City's release of these containers. Quarter Payment Received by the City January - March April 20t April - June July 20t July - September October 20t October - December January 20t Miscellaneous Violations / `No Operations' Declaration A business which has not been permitted by the City to operate within the City limits of Denton; or has been suspended by the City from operating within the City limits of Denton, Texas shall be charged a sum of up to $500.00 per day by the City, for each day of violation of this ordinance, if the provider violates the `No Operations' requirement prior to receipt of a City of Denton permit, or during any suspension of a permit period. Each day of illegal operations during a `No Operations' period is considered a separate violation and the service provider is subject to being charged a sum of up to $500.00 for each day of violation. Following the receipt of a `No Operations' declaration and prior to a service provider being reinstated to legally operate within the City limits of Denton, the service provider must meet with the City staff to update their application and agreement and make payment of all monies owed to the City. If a service provider operates a vehicle within Denton's City limits which has not been permitted, or uses a container which has not been permitted, or operates any piece of equipment with an expired permit, or performs some other permit violation, or does not make payment of the appropriate fees in a timely manner, the city will issue a `No Operations' declaration to the service provider, and assess all applicable permit violation fees. Once a service provider has been issued a 'No Operations' declaration from the City, all services to be provided within Denton's City limits are required to cease. Non -permitted containers may be collected by the City and stored until collection, storage, and permitting fees associated with each container are paid to the City of Denton. Following a meeting with the City staff, and the payment of all monies owed the City, the status of the permit will be determined. 24 Revocation of Services & Non -Renewal of Permits If the City finds any requirement of the permit to have not been met, or violated, or observes service providers operating within Denton's City limits without current permits, the City may institute a `No Operations' declaration, and additionally revoke or not renew the service providers permit, thereby requiring the service provider to cease all operations within the City limits of Denton. Reclassification of Recyclables Recyclables containing ten (10%) percent or more contamination, as determined by the City, will be considered refuse, and its collection may not be provided by service providers permitted under this ordinance. This material shall be reclassified as refuse and will be collected by the City of Denton. The General Manager, Solid Waste Services or his designee, will make the final determination on whether stored recyclables contain excessive contamination, which at the City's determination, may cause the reclassification of these materials to municipal solid waste (MSW), thereby negating the ability of a service provider to transport this material within Denton's City limits under their operating permit pursuant to this ordinance. The City of Denton has the authority to inspect the contents of any container located within Denton's City limits in order to determine the materials content of the container, so as to ensure compliance with the contamination requirements, which shall not exceed 10%. Terms and Renewal All collection and transportation permits shall be valid for one calendar year from the date of issuance, and for not more than one calendar year from the date of issuance. SECTION 2. The General Manager of Solid Waste of the City of Denton is hereby authorized to deny the use of the City of Denton landfill to any customer who provides false information regarding the origin of, or the composition of the solid waste delivered for disposal to the landfill; or for safety violations committed by a customer within the landfill; or for non- compliance with verbal and written instructions provided to the customer by Solid Waste Department personnel at the landfill; or for nonpayment of delinquent funds owed by the customer to the City of Denton, Texas; or for any violation of the law committed by the customer within the landfill; or for any non-compliance by the customer with the Texas Commission on Environmental Quality regulations or policies; or for any non-compliance by the customer with the City of Denton's Code of Ordinances or rules; or for any violation of the written landfill rules by the customer as posted by the Solid Waste Department at the entrances to the landfill, from time to time. SECTION 3. It is in the public interest that the provisions of Sections 26-3, 26-4, 26-5, 26- 7, 26-8(a), and 26-9 of Article I of Chapter 26 of the City of Denton Code of Ordinances shall expressly apply to City of Denton Solid Waste service. 25 SECTION 4. All ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent, or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION 5. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or the application thereof to any person or under any circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 6.' This ordinance shall become effective, charged, and applied to all solid waste services rendered by the City of Denton on and after October 1, 2011; and a copy of said rates, fees, and charges shall be maintained on file in the Office of the City Secretary of Denton, Texas. PASSED and APPROVED this �Q M day of 2011. 4/ -4� /��7 - IVIAIZK A. tUAROU ,MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY crl'� U� By: U