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2011-008ORDINANCE NO. 2011-008 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 SOLELY AS TO THE COMMERCIAL SOLID WASTE COLLECTIONS SERVICES RATES (SCHEDULE SWC) AND THE COLLECTION AND TRANSPORTATION SERVICES PERMIT RATE (SCHEDULE SWP); PROVIDING THAT EXCEPT FOR THOSE SPECIFIC CHANGES MADE TO SCHEDULES SWC AND SWP, THAT ALL OF THE REMAINING PROVISIONS OF ORDINANCE NO. 2010-231 SHALL REMAIN IN FULL FORCE AND CONTINUOUS EFFECT; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, since the approval of the FY 2010-2011 Solid Waste rate ordinance on September 14, 2010, the City has adopted the "Downtown Implementation Plan," The Solid Waste Department subsequently has developed container rates for residential and commercial customers within the Square District, and has included them in this amended FY 2010-2011 Solid Waste Rate Ordinance in the amended Schedule SWC. The Solid Waste Department proposes to initiate a pilot program for collections, beginning during January 2011, which would provide refuse and recyclables collections services within the Square District area using front- load containers. It is anticipated that the pilot program will continue for approximately six (6) months, more or less. During the pilot program period the Solid Waste Department will provide the necessary collection services based on the volume of materials placed out for collection. This period will provide the Solid Waste Department the necessary flexibility to adjust collection services of refuse and recyclables in order to achieve the optimum mix of containers placed within the Square District and their optimum frequency of service; and WHEREAS, it has also been recently noted by City staff that several restaurants within the City, have begun to allow used cooking oil/grease collectors to place storage containers for these commodities outside of their buildings, within the restaurant site area. Staff hereby proposes that charges be added for the placement of collection containers on the ground or within the right-of-way to additional service categories within the Collection and Transportation Services Permit (Schedule SWP) at the same rates as other containers are currently charged; and WHEREAS, there are several inadvertent omissions that were left off of the FY 2010- 2011 Solid Waste Rate ordinance, being Ordinance No. 2010-221, which are hereby inserted and included within the Collection and Transportation Services Permit (Schedule SWP); and WHEREAS, the above-referenced proposed amendments made to the "Commercial Solid Waste Collection Services" Rate (Schedule SWC) and to the "Collection and Transportation Services Permit" Rate (Schedule SWP) are contained in amended schedules SWC and SWP that are attached hereto and which are and incorporated herewith by reference; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The preamble stated hereinabove is hereby made a part of this ordinance for all purposes. 1 SECTION 2. This ordinance amends two schedules of the Solid Waste Rate Ordinance enacted by the Council on September 14, 2010, being Ordinance No. 2010-221, by adding several provisions to the "Commercial Solid Waste Collection Services" (Schedule SWC); and by adding several provisions to the "Collection and Transportation Services Permit" (Schedule SWP); and otherwise providing that all of the other remaining provisions of Ordinance No. 2010-221 shall be unaltered and unchanged and shall remain in full force and continuous effect from and after October 1, 2010; and SECTION 3. 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 SWC Commercial Solid Waste Collection Services 3 SWP Collection and Transportation Services Permit 11 2 SCHEDULE SWC COMMERCIAL SOLID WASTE COLLECTION SERVICES (Effective 02101111) APPLICATION 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. 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. MONTHLY RATE Commercial refuse collection services are provided through a volume-based rate system. 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. 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. A. PERMANENT FRONT LOAD CONTAINER SERVICE (Long Term Scheduled Service) 1. 8 CUBIC YARD CONTAINER Front Load Pickups Cubic Yards Rate Per Per Week Per Week Bill 1 8 $126.00 2 16 $256.00 3 24 $386.00 2. 6 CUBIC YARD CONTAINER Front Load Pickups Cubic Yards Rate Per Per Week Per Week Bill 1 6 $104.00 2 12 $211.00 3 18 $319.00 3 3. 4 CUBIC YARD CONTAINER Front Load Side Load Pickups Cubic Yards Rate Per Rate Per Per Week Per Week Bill Bill 1 4 $82.00 $101.00 2 8 $165.00 $205.00 3 12 $251.00 $310.00 4. 3 CUBIC YARD CONTAINERS Front Load Side Load Pickups Cubic Yards Rate Per Rate Per Per Week Per Week Bill Bill 1 3 $67.00 $83.00 2 6 $135.00 $169.00 3 9 $206.00 $256.00 The Solid Waste Department will establish rates to recover the full cost of service for collection services at frequencies greater than three times per week. 5. CONTAINER EXTRA SERVICE (For a container reload and extra empty) Container Size Collection Service Fee 3 CY container $39.00 / service 4 CY container $44.00 / service 6 CY container $57.00 / service 8 CY container $72.00 / service B. These extra service fees apply if the truck, while on its scheduled route, remains on-site to provide the additional service and the driver waits while the customer reloads the container. On-site waiting time in excess of fifteen (15) minutes will be charged to the customer at the rate of $85.00 per hour. Waiting time will be billed in fifteen-minute increments. If the driver is called in from off-site to provide same day extra service, there is a $50.00 same day service charge, plus the applicable collection service fee. COMMERCIAL CART SERVICE Commercial cart service is not available city-wide. 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 AM on the scheduled collection day. Large household item collection services are not provided for commercial cart service customers. One (1) pickup per week service: Cart Capacity 1 Cart 2 Carts 4 Large $21.50 / bill $41.00 / bill A maximum of two carts are available. Service above this level will require the customer to subscribe to front load container service. Extra empties performed while on-site will be provided at the one-cart rates listed above. C. TEMPORARY FRONT LOAD CONTAINER SERVICE (Short Term Service) Container Size Monthly Rental Collection Service Fee 4 CY container $74.00 $80.00 / service 8 CY container $74.00 $109.00 / service Temporary service accounts incur container delivery charges to initially place the containers. Temporary containers may be placed on residential property for up to 30 days, with no more than three such 30-day periods per year. D. ROLL-OFF OPEN TOP CONTAINER SERVICE Container Size Monthly Rental 15 CY container $117.00 20 CY container $129.00 30 CY container $152.00 Collection and Transportation Service Fees will be $235.00 for scheduled hauls and $255.00 (exclusive of disposal costs) for demand response hauls. Landfill Fees will be charged separately based on the weight or volume of the hauled materials times the appropriate landfill rate (See Schedule SWL). Customers that request the driver wait while they reload the container, in order for the City to provide an additional empty(s), will be charged the collection service fee and on- site waiting time in 15 minute increments at the rate of $85.00 per hour. Construction and demolition material (C&D) collections will be at the following rates provided with 30 cubic yard containers. a) Container Rental: $137.00 / month (30 CY container) b) Collection Service: $255.00 / haul (demand response) Open Top containers located within the city's right-of-way will incur a charge of $5.00 for each day or portion of a day that they are in the right-of-way. The Solid Waste Department will establish rates to recover the cost of service for unlisted container sizes. 5 E. ROLL-OFF COMPACTOR CONTAINER SERVICE Container Size Monthly Rental 20 CY compactor $363.00 30 CY compactor $413.00 35 CY compactor $492.00 42 CY compactor $600.00 Receiving container $152.00 Collection and Transportation Service Fees will be $235.00 for scheduled hauls and $255.00 (exclusive of disposal costs) for demand response hauls. Landfill Fees will be charged separately based on the weight or volume of the hauled materials times the appropriate landfill rate (See Schedule SWL). Self-contained compactors located within the city's right-of-way will incur a charge of $5.00 for each day or portion of a day that they are in the right-of-way. The Solid Waste Department will establish rates to recover the cost of service for unlisted container sizes. F. 6 CUBIC YARD COMPACTOR SERVICE Pickups per week Monthly Rental Collection Service Fee 1 $132.00 $162.00 / month 2 $132.00 $462.00 / month 3 $132.00 $769.00 / month 4 $132.00 $1,077.00 / month G. 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. The rates listed below are subject to change following a review of pilot program operations and services provided. Shared commercial container customers must have at least one (1) cubic yard (CY) of service per customer per week. The use of shared commercial containers shall be determined by the Solid Waste staff. Rates will include the additional monitoring, billing, and administrative costs associated with this service. $21.50 for one CY of service. $16.50 / CY for each CY of refuse or recyclable materials collected for two CY's or more. Each shared container customer, with collection services of two cubic yards or more, will be billed a monthly administrative charge of $2.00 on their utility bill. 6 Each multi-family living unit will be billed $21.50 monthly for the refuse and recycling collection services provided. Property owners within the Square District may have containers on their property if they choose not to use the shared container service. H. MINIMUM COMMERCIAL CHARGE A minimum charge of $21.50 per month refuse bill will be charged to all non-cart commercial solid waste customers. 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. Shared accounts are subject to other applicable service fees. J. BILLING Commercial accounts will either be billed monthly or bi-weekly, depending upon the discretion of the General Manager, Solid Waste Services. K. 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 waste requested 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. L. SERVICE REQUIREMENTS Equipment Use: The Equipment, whether one or more pieces, 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. 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. 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. M. MISCELLANEOUS SERVICE CHARGES A delivery fee of $95.00 per container will be charged to all customers for roll-off containers. A delivery fee of $75.00 per container will be charged to all customers for front load or side load containers. A relocation fee of $95.00 will be charged for each roll-off container that is relocated at the customer's site, unless relocation occurs during a service. Front load and side load container relocations are charged $75.00 per service. A $50.00 fee will be charged for each request for same day service. The Solid Waste Department Customer service personnel must receive on-demand service requests prior to 11:00 A.M. on the day service is requested in order to provide same day collection service. An access fee will be charged for containers that present accessibility problems, and/or require additional services or time. Containers that are inaccessible at the time of collection will be charged an inaccessible fee of $95.00 for roll-off containers and $75.00 for all other containers. On-site waiting time will be charged in fifteen (15) minute increments at the rate of $85.00 per hour. 8 A $200.00 fee will be charged for the Solid Waste Department's installation or removal of container locks. 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. 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. For containers, a commercial solid waste service deposit is required. Customers shall be assessed a deposit of $200.00, for up to four containers. Deposits for additional containers are $50 per container. Payments to the City that are not received within 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 customers 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. N. 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. The initial application and first calendar year fees are: 1. Single length No Parking Zone for each front load container is $175 for the initial calendar year. 2. Extra length No Parking Zone for each side load container is $350 for the initial calendar year. Renewal fees for each subsequent calendar year will be: 1. $2.80 per month for each single length front load No Parking Zone. This fee will be billed monthly on the customer's utility bill. 2. $5.50 per month for each extra length side load No Parking Zone. This fee will be billed monthly on the customer's utility bill. 9 O. CONTAINER CLEANING SERVICES Commercial container cleaning services are available for commercial customers using front load or side load containers. The service is a subscription service this is electable by the customer. Customers electing to utilize the scheduled services are required to sign up for the services for a minimum of one year. The customer's one year service period may extend across two city fiscal years. Commercial containers will not be picked up and transported to the landfill for cleaning until they have been emptied by city crews during the customer's normal scheduled collection service. Only empty containers will be transported and cleaned. 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. Quarterly Cleaning Service Semi-annual Cleaning Service On-Demand Cleaning Service $30.00 / month $15.00 / month $150.00 / container cleaning 10 SCHEDULE SWP COLLECTION AND TRANSPORTATION SERVICES PERMIT (Effective 02/01 A 1) APPLICATION Any person, entity, or business engaged in the collection and transport of waste or recyclables, including but not limited to municipal solid waste, special wastes, hazardous wastes, liquid wastes, and those wastes or recyclables the city does not collect and transport, must possess a current permit issued from the city prior to providing collection and transportation services for materials collected and transported within the city limits of Denton. Permits for collection and transportation services are required for, but are not limited to, the following wastes and recyclables classifications: • Special Waste • Medical Waste • Hazardous Waste • Restaurant Oil and Grease Waste • Grease & Grit Trap Waste • Commercial and Industrial Recyclable Materials • Residential Recyclable Materials • Construction and Demolition (C&D) waste, recyclables, reusables, and discarded C&D materials • Waste and recyclable collection service providers operating in newly annexed areas, or contract service providers for the city The person applying for a permit will make application through the city on forms provided for that purpose, and shall pay the required application fees at the time of permit application. Application, service, container, and right-of-way fees must be paid prior to the issuance of the permit. Fees calculated as a percentage of gross revenues will be paid to the city a minimum of quarterly. 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. GRANTING OF PERMIT As a condition of granting a permit, the person or entity receiving such permit (permittee) agrees 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 placed on all vehicles operating within the city limits of Denton and on all containers placed within the city limits of Denton. Collection and 11 transportation vehicles operating in Denton, and containers set in Denton, are required to display a current and valid calendar year permit sticker at all times. Permits are issued annually and are effective from January 1St 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 materials. Submittal of applications by December 1" will eliminate the possibility of permits being issued after January 1St 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. EXCLUSIONS 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 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 public right-of- way. All fees are non-refundable. Service and container fees are non-transferable between vehicles, 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 thirty (30) calendar days following the end of each calendar quarter. Permittee's are required to provide quarterly payments to the city and will incur additional charges on all quarterly payment amounts not received by the city during the month following the end of the quarter. All quarterly payments are to be received by the city during the months listed below: uarter Payment Received by City January - March April 20th April - June July 20th July - September October 20th October - December January 20th 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 30 days, for each 30 day period the balance due is not received by the City of Denton. 12 The quarterly calculation of a percentage of revenue, of services provided and of materials sales, 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. 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 residential refuse carts. 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 FOR SERVICE CATEGORIES section. All containers require a container permit fee regardless if the container is or is not placed on the ground. Permittees choosing not to apply for and make payment for a new collection and transportation and services permit by December 1St for the upcoming calendar year beginning January 1St will be assessed a 1 % fee (of the total collection and transportation payments from the current year) or may not be granted a permit by the City of Denton. If fees are not paid prior to December 31 St, all unpermitted containers will be removed from their service provider locations beginning January 1" by the City of Denton. FEES FOR SERVICE CATEGORIES 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 specific service category they desire to provide within Denton's city limits. A. Special Waste Collection and Transportation Permit 1. Application Fee: $ 1,000 annually. 2. Service Fee: $1,000 per vehicle for vehicles manufactured after January 1, 2007 with 2007 Federal Emissions compliant diesel engines or CNG alternate fuel engines (for vehicles manufactured from January, 2003 through December, 2006 an additional per vehicle fee of $750 will be assessed; for vehicles manufactured before January, 2003 an additional per vehicle fee of $1,500 will be assessed) annually and 5% of Gross Revenue from services provided within the city limits [the 5% shall be paid quarterly.] 3. Container Fee of $4.00 per cubic yard, per container, annually. B. Medical Waste Collection and Transportation Permit 1. Application Fee: $1,000 annually. 2. Service Fee: $1,000 per vehicle for vehicles manufactured after January 1, 2007 with 2007 Federal Emissions compliant diesel engines or CNG alternate fuel engines (for vehicles manufactured from January, 2003 through December, 2006 an additional per vehicle fee of $750 will be assessed; for vehicles manufactured before January, 2003 an additional per vehicle fee of $1,500 will be assessed) annually and 5% of Gross Revenue from services provided within the city limits [the 5% shall be paid quarterly.] C. Hazardous Waste Collection and Transportation Permit 1. Application Fee: $1,000 annually. 13 2. Service Fee: $1,000 per vehicle for vehicles manufactured after January 1, 2007 with 2007 Federal Emissions compliant diesel engines or CNG alternate fuel engines (for vehicles manufactured from January, 2003 through December, 2006 an additional per vehicle fee of $750 will be assessed; for vehicles manufactured before January, 2003 an additional per vehicle fee of $1,500 will be assessed) annually and 5% of Gross Revenue from services provided within the city limits [the 5% shall be paid quarterly.] 3. Container Fee of $4.00 per cubic yard, per container, annually. D. Restaurant Oil and Grease Waste Collection and Transportation Permit Grease & Grit Trap Waste Collection and Transportation Permit 1. Application Fee: $500 annually. 2. Service Fee: $1,000 per vehicle for vehicles manufactured after January 1, 2007 with 2007 Federal Emissions compliant diesel engines or CNG alternate fuel engines (for vehicles manufactured from January, 2003 through December, 2006 an additional per vehicle fee of $750 will be assessed; for vehicles manufactured before January, 2003 an additional per vehicle fee of $1,500 will be assessed) annually and 5% of Gross Revenue from services provided within the city limits [the 5% shall be paid quarterly.] 3. Container Fee of $4.00 per cubic yard, per container, annually. E. Commercial and Industrial Recycling Materials Collection and Transportation Permit 1. Application Fee: $500 annually. 2. Service Fee: $1,000 per vehicle for vehicles manufactured after January 1, 2007 with 2007 Federal Emissions compliant diesel engines or CNG alternate fuel engines (for vehicles manufactured from January, 2003 through December, 2006 an additional per vehicle fee of $750 will be assessed; for vehicles manufactured before January, 2003 an additional per vehicle fee of $1,500 will be assessed) annually and 5% of Gross Revenue of the market value of recycled materials and of services provided within the city limits [the 5% shall be paid quarterly.] 3. Container Fee of $4.00 per cubic yard, per container, annually. 4. If applicable, a Right-of-Way Fee of $4.00 per cubic yard, per container, per month F. Residential Recycling Materials Collection and Transportation Permit 1. Application Fee: $500 annually. 2. Service Fee: 5% of Gross Revenue from services provided within the city limits [the 5% shall be paid no less than quarterly.] G. Construction and Demolition (C&D) Collection and Transportation Permit a. Large C&D Operators: 1. Application Fee: $500 annually. 2. Service Fee: $1,000 per vehicle for vehicles manufactured after January 1, 2007 with 2007 Federal Emissions compliant diesel engines or CNG alternate fuel engines (for vehicles manufactured from January, 2003 through December, 2006 an additional per vehicle fee of $750 will be assessed; for vehicles manufactured before January, 2003 an additional per vehicle fee of $1,500 will be assessed) annually and 5% of Gross Revenue from services provided within the city limits [the 5% shall be paid quarterly.] 3. Container Fee of $4.00 per cubic yard, per container, annually. 4. If applicable, a Right-of-Way Fee of $4.00 per cubic yard, per container, per 14 month. b. Small C&D Operators: Transporters with no more than three vehicles, including trailers, in which each vehicle does not have a Gross Vehicle Weight Rating (GVWR) of more than 14,000 pounds, and with less than five service locations, will be charged: 1. Application Fee: $200 annually. 2. Service Fee: $200 per vehicle annually and 5% of Gross Revenue from services provided within the city limits [the 5% shall be paid quarterly.] 3. Container Fee of $4.00 per cubic yard, per container, annually. 4. If applicable, a Right-of-Way Fee of $4.00 per cubic yard, per container, per month. H. Municipal Solid Waste (MSW) Collection and Transportation Permit Available only to companies that provide solid waste services in newly annexed areas for specific periods of time, or are contract service providers for the city. 1. Application Fee: $500 annually. 2. Service Fee: $1,000 per vehicle for vehicles manufactured after January 1, 2007 with 2007 Federal Emissions compliant diesel engines or CNG alternate fuel engines (for vehicles manufactured from January, 2003 through December, 2006 an additional per vehicle fee of $750 will be assessed; for vehicles manufactured before January, 2003 an additional per vehicle fee of $1,500 will be assessed) annually and 5% of Gross Revenue from services provided within the city limits [the 5% shall be paid no less than quarterly.] 1. Non-City Owned Refuse Container Permit For non-city owned refuse containers serviced by the city, the container owner shall pay a container permit fee of $4.00 per cubic yard, per container, annually, billed on the solid waste service bill. SMALL OPERATORS The following service categories of applicants may additionally qualify as Small Operators for the purposes of this rate schedule, and shall be charged the Small Operator rates provided below: a. Special Waste b. Medical Waste c. Hazardous Waste d. Restaurant Oil and Grease e. Grease & Grit Trap Waste f. Commercial and Industrial Recyclable Materials The above listed categories of applicants with less than five service locations within the City of Denton, and operating with a total fleet of less than three vehicles, including trailers, in which each vehicle does not have a Gross Vehicle Weight Rating (GVWR) of more than 14,000 pounds, will be subject to the following Small Operator rates: a. Application Fee: $200 annually. b. Service Fee: $400 per vehicle annually, and 5% of Gross Revenue from services provided 15 within the city limits [the 5% shall be paid quarterly.] c. If applicable, container fees of $4.00 per cubic yard, per container, annually. d. If applicable, a Right-of-Way fee of $4.00 per cubic yard, per container, per month for containers in the public R-O-W. VIOLATIONS P NO OPERATIONS' DECLARATION 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 possessed and stored by the city 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. 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. 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 five-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 (MS W), thereby negating the ability of a service provider to transport this material within Denton's city limits under their operating permit as per this ordinance. 16 TERM AND RENEWAL All collection and transportation permits shall be valid for each calendar year, and for not more than the calendar year for which they are issued. Permittees shall provide a written application and agreement for permit renewal a minimum of thirty days prior to the permit expiration to prevent a possible lapse in permitted services. Applications for renewal shall be processed in the same manner as an initial application. All upcoming calendar year fees are required to be paid by December 1" of the current year prior to reissuing the permit for the upcoming calendar year. 17 SECTION 4: 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 5: 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. SECTION 6: 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 7: 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 8: This ordinance shall become effective, charged, and applied only to those solid waste services rendered by the City of Denton on Commercial Solid Waste Collections Service Rates (Schedule SWC) and on Collections and Transportation Services Permit (Schedule SWP), on and after February 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 the day of V , 2011. ATTEST: JENNIFER WALTERS, CITY SECRETARY B' 18 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: 19