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2006-262FILE REFERENCE FORM 2006-262 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILES llate Initials Amended b Ordinance No. 2007-211 09/25/07 J R ORDINANCE NO. 2006- ,20 2 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE NUMBER 2005-253 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; AMENDING THE RESIDENTIAL SOLID WASTE COLLECTION SERVICES SCHEDULE (SCHEDULE SWR); CHANGING THE NAME OF THE RESIDENTIAL RECYCLING AND PROCESSING SERVICES RATE SCHEDULE TO THE RESIDENTIAL RECYCLING RATE SCHEDULE (SCHEDULE SWRR); REMOVING THE RESIDENTIAL FINANCIAL NEED DISCOUNT RATE SCHEDULE (SCHEDULE SWRD); ADDING THE MULTI-FAMILY CHEMICAL COLLECTIONIRECYCLING SCHEDULE (SCHEDULE MFR); AMENDING THE COMMERCIAL SOLID WASTE COLLECTION SERVICES SCHEDULE (SCHEDULE SWC); ADDING THE COLLECTION AND TRANSPORTATION SERVICES PERMIT SCHEDULE (SCHEDULE SWP); AMENDING THE SANITARY LANDFILL SERVICES SCHEDULE (SCHEDULE SWL); PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OFTHE CITY OF DENTON HEREBY ORDAINS: SFfTTON I. That 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 u.GE SWR Residential Solid Waste Collection Services 2 SWRR Residential Recycling 4 MFR Multi-family Chemical Collection / Recycling 5 SWC Commercial Solid Waste Collection Services 6 SWCR Commercial Recycling Services 12 SWP Collection and Transportation Services Permit 14 SWL Sanitary Landfill Services 20 1 SCHEDULE SWR RFSIOFNTlAT SOT In WASTF rOT I FrTION SFRVlrFS (Effective 10/01/06) APPllrATlON Applicable for residential family-unit solid waste collection service. A family unit includes each unit of a duplex or triplex, each living unit of a residential lot, and any single unit or living space in which a person or single family resides. MONTHT YRATFS rnntalnen7eci Collection Service. I pickup per week Size Ofr:Ht~ Large Medium Small l..Cart $17.75/bill $16.60/bill $15.00/bill ? r"rt< $33.50/bill All refuse must be placed within the cart with the lid fully closed. Residents may contact Solid Waste Customer Service to request that the Solid Waste collection personnel reload their refuse cart with additional bagged refuse materials adjacent to the refuse cart at a price of $5.00 per additional cart reload and empty. These reload and extra empty services will be provided if the customer contacts the Customer Service Department and makes the request a minimum of one day prior to their scheduled collection day. MINIMl 1M RlI T INGIRASF RATF SFRVTrF $15.00 per bill applicable for residential solid waste service for an unoccupied residential family unit which remains vacant for a period greater than two months. This minimum billing rate 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. OTHFR rHARGFS There is no additional charge for the collection of bagged grass clippings and leaves, or brush and tree limbs which are cut and stacked in less than four foot (4') lengths, if the combined grass/leaves/brush total volume is not over eight cubic yards per collection day. If over eight (8) cubic yards of combined bagged grass clippings, brush, or leaves are placed out for collection on a collection day, excess volume charges will be assessed at $5.00 per cubic yard or part of a cubic yard collected for all cubic yards in excess of eight (8) cubic yards. The Solid Waste Department staff will automatically collect and bill for excess volumes of yard waste if the additional charges are $25.00 or less. 2 Residential customers may be provided metal containers and service at the published commercial rates. Residential customers shall contact Solid Waste Customer Service to request the collection of up to four bulky items per month on their refuse collection day for no additional charge. Customer Service should be contacted a minimum of one day in advance of their scheduled collection day. Bulky items are residential household type items that are consistent with residential household use, such as furniture and selected appliances. Bulky items exclude non-household type items, fencing, remodeling, construction and demolition materials, and those appliances manufactured containing polychlorinated biphenyls (PCB's) or chlorofluorocarbons (CFC's). Residential construction materials (including, but not limited to lumber, brick, fencing, and drywall) will be collected at the scheduled rate of $60.00 per pickup plus an additional $10.00 per cubic yard or part of a cubic yard collected above one cubic yard. Materials must not exceed eight (8') feet in length. Customers should contact Solid Waste Department Customer Service during normal business hours to request the collection of residential construction materials. If the customer has over 10 cubic yards of materials for collection, the customer is required to have a city container delivered, if collection service is desired. Appliances manufactured to contain PCB's or CFC's, for which the customer provides no certified removal documentation of the PCB's or CFC's, will be charged $50.00 for the collection and disposal of each appliance and/or the associated materials. There is no charge for the collection of appliances which were manufactured to contain either PCB's or CFC's, if the customer provides a certificate of documentation from an approved business qualified to remove these products indicating that the PCB's or CFC's have been properly removed for disposal. If the Solid Waste Department is not provided a certificate of removal, the $50.00 charge per item will be assessed if the customer requests services through the Solid Waste Department. Other residential services may be provided at fees established by the department, and approved by the Director. The fees established will recoup the special and administrative services provided. When initiating new service, a residential Solid Waste service deposit may be charged. 3 SCHEDULE SWRR RFSTnFNTIAT RFrVrT ING (Effective I % I /06) APPUrATlON Applicable for residential family-unit recycling materials collection and processing services. A family unit includes each unit of a duplex or triplex, each living unit of a residential lot, and any single unit or living space in which a person or single family resides. MONTHI V R A TF $3.50 per bill- Single family Should any other fees be established by an authorized governmental entity, those fees will be added to the monthly rate to recover those costs. MINIMIIM HIT J.ING $3.50 per bill If any other fees are established by an authorized governmental entity, the minimum billing would adjust to include those costs. FXrFPTlON TO IMPOSITION OF RATF The residential recycling and processing services rate will not be charged for an unoccupied residential family unit that applies for and is granted the Minimum Billing/Base Rate Service as described in Schedule SWR. This exception shall be effective so long as the Minimum Billing/Base Rate Service rate is applicable to the unoccupied residential family unit. 4 SCHEDULE MFR MOT TT-FAMIT V rHFMTrAT rOTJ FrTTON IRFrVrI INO (Effective 10101/06) A PPI IrA TTON Applicable for multi-family residents living within the City of Denton's solid waste service area. These residents receive, participate in, and benefit from various City of Denton recycling and processing services. A multi-family unit includes each separate living unit of a four-plex, apartment, condominium, or other such multi-family living facility with four or more residences. Facilities that are constructed as boardinghouses, or contain living facilities with separate bedrooms for lease by each tenant, but that contain one common kitchen and/or open living area, will qualify as one living unit, and one multi-family recycling and processing charge will apply. MONTHT Y R A TF $1.75 per bill per multi-family living unit. MINTMT 1M HIT T INO $1.75 per bill per multi-family living unit. 5 SCHEDULE SWC rOMMFRCTAT SOl rn W ASTF rOl T FrTION SFRVlrFS (Effective 10101/06) APPT TrATlON 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. MONTH! Y RATF Commercial refuse collection services are provided through a volume-based rate system. Refuse will be collected in city approved, city provided containers only. A. PFRMANFNTFRONTTOAnrONTATNFR SFRVlrF (Long Term Scheduled Service) 1. R rTTRTr YARn rONTATNFR Front Load Pickups Cubic Yards Rate Per Per Week Per Week Rill I 8 $114.00 2 16 $228.00 3 24 $346.00 2. 6 CTJR!r YARn rONTAINFR Front Load Pickups Cubic Yards Rate Per Per Week Per Week Rill I 6 $ 94.00 2 12 $187.00 3 18 $284.00 3. 4 rIJRTr YARn rONTATNFR Front Load Side Load Pickups Cubic Yards Rate Per Rate Per Per Week Per Week Rill Rill I 4 $73.00 $86.00 2 8 $144.00 $168.00 3 12 $218.00 $254.00 6 4. ? IIr 1 rIJRlC YARD CONTATNFRS Front Load Side Load Pickups Cubic Yards Rate Per Rate Per Per Week PerWep.k Bill Bill 1 3 $59.00 $71.00 2 6 $118.00 $139.00 3 9 $180.00 $210.00 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. New two yard and side load container services are no longer available. Customers currently receiving two yard or side load container services that discontinue these services may not reinstate them in the future. 5. CONTAfNFR FXTRA SFRVICF (For a container reload and extra empty) r()nt~inf~r Si7t~ 2 & 3 CY container 4 CY container 6 CY container 8 CY container Collection Service Fee $34.00 per pickup $39.00 per pickup $51.00 per pickup $63.00 per pickup These extra service fees apply if the truck, while on route, remains on-site to provide the additional service. 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. B. COMMFRrIAI CARTSFRVICF 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. Bulky item collection services are not provided for commercial cart service customers. One (]) pickup per week service: CHrt CHpHcity l..Catl Large $17.75/bill ? CHrtS $33.50/bill A maximum of two carts is available. Service above this level will require the placement of a metal container. 7 Extra empties performed while on-site will be provided at the one-cart rates listed above. Customers on commercial cart service where fully automated collection service cannot be provided will be charged an additional $2.00 per month per cart for providing semi- automated or manual collection service. C. TFMPORARY FRONT I OAT) r:ONTAINFR SFRVJr:F (Short Term Service) ront:lin~r Sin': 4 CY container 8 CY container Monthly Rental $40.00 $64.00 Collection Servie:p. Pep. $70.00 per pickup $95.00 per pickup Temporary service accounts incur container delivery charges to initially place the containers. D. ROT r -OFF OPFN TOP r:ONT A INFR SFRVJr:F ront:1iner Size 15 CY container 20 CY container 30 CY container Monthly Rental $100.00 $110.00 $130.00 rollf~ction Service Fees Scherllllerl $259.50 $296.00 $369.00 15 CY container 20 CY container 30 CY container Oem:mcl Response $279.50 $316.00 $389.00 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 provided using 20 cubic yard containers. The Solid Waste Department will establish rates to recover the cost of service for unlisted container sizes. E. ROI r -OFF r:OMPAr:TOR r:ONTAINFR SFRVlr:F Cont:liner Size 30 CY compactor 35 CY compactor 42 CY compactor Monthly Rental $355.00 $422.00 $515.00 Collection Service Fees Scherllllerl Oem:mn Responc:.:e 8 30 CY container $413.00 $433.00 35 CY container $453.50 $473.50 42 CY container $490.20 $510.20 The Solid Waste Department will establish rates to recover the cost of service for unlisted container sizes. F. Iir:lTRJr:YAROrOMPMTOR SFRVlrF Pickups I 2 3 Monthly Rent"1 $120.00 $120.00 $120.00 Collection Sp.nrice Fep. $146.00 per month $418.00 per month $717.00 per month Extra Empty while on-site: $75.00 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 extra empty collection service fee and on-site waiting time in 15 minute increments at the rate of $85.00 per hour. G. MI IT TI-FAMII Y RI 11 KY lTFM rOil FrTlON SFRVlrF (;ont::liner Si7P. 4 CY SL container 8 CY FL container Monthly Rent"1 $20.00 $25.00 Collection Servic:f': Fee $40.00 per pickup $56.00 per pickup These services are provided for the collection of residential household bulky items. Items which will not be collected include: refrigerators, freezers, air conditioners, or any other item manufactured to contain CFC's or PCB's. Collection services using these containers shall occur during the customer's normal refuse collection route service. The customer must contact Customer Service and request the bulky item container collection service on the day prior to the requested collection date. Items placed in the container may not extend beyond seven (7) feet high from the bottom of the container. If the container is not serviced during the scheduled refuse collection route, and the customer desires a special collection service, services will be provided at the standard service fees. If the bulky item container is contaminated with refuse, construction materials, or contains other non-bulky materials, the standard service fees will apply. H. SHARFOrOMMFRrlAT rONTATNFRS Shared commercial container customers must have at least one (I) cubic yard of service per customer per week. The use of shared commercial containers shall be determined by the Solid Waste Department staff. Rates will include the additional monitoring, billing, and administrative costs associated with this service. I. MTNIMITM rOMMFRrlAl rHARGF 9 A minimum charge of $17.75 per bill will be charged to all commercial solid waste customers. Shared accounts are subject to other applicable service fees. Customers on commercial cart service where fully automated collection service cannot be provided will be charged an additional $2.00 per month per cart for providing semi- automated collection service. 1. SPFCTAT WASTF 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 Director of 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. K. SFRVTrFRFQIJJRFMFNTS ANnf:HARGFS A delivery fee of $90.00 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 $90.00 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 additional services or time. Containers that are inaccessible at the time of collection will be charged an inaccessible fee of $90.00 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. A $150.00 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 10 detennined 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. Appliances manufactured to contain PCB's or CFC's, for which the customer provides no certified removal documentation of the PCB's or CFC's, will be charged $50.00 for the collection and disposal of each appliance and/or the associated materials. There is no charge for the collection of appliances which were manufactured to contain either PCB's or CFC's, if the customer provides a certificate of documentation from an approved business qualified to remove these products indicating that the PCB's or CFC's have been properly removed for disposal. If the Solid Waste Department is not provided a certificate of removal, the $50.00 charge per item will be assessed if the customer requests services through the Solid Waste Department. Other commercial services may be provided at fees established by the Solid Waste Department, and approved by the Director of Solid Waste. The fees established will recoup the costs and administration of the special services provided. For pennanent containers, a commercial solid waste service deposit, if required, will be charged based on two months of the projected billing amount. Following a service review of the first billing period, if the deposit is detennined to be under-funded, additional deposit funds are required to continue receiving service. For temporary containers, a commercial solid waste service deposit is required. It will be charged at 50% of the estimated billing amount, or two months of estimated service, whichever is less. Following a service review of the first billing period, if the deposit is detennined to be under-funded, additional deposit funds are required to continue receiving service. 11 SCHEDULE SWCR COMMFRrTAT RFCVrT TNG SFRVTrFS (Effective 10/01/06) APPIICATTON Owners and managers of various multi-family living units, businesses, commercial and institutional businesses, and properties receiving commercial solid waste collection services are subject to receive a refuse audit to determine if they generate enough commercial recyclables to warrant receiving commercial recycling services. Commercial recycling services are available to specific commercial customers only. Q! I A I IFlCA TTON Commercial recycling is not available for all multi-family living units and commercial and institutional businesses operating within the City of Denton. The Director of Solid Waste or designee will evaluate interested and solicited commercial businesses and the projected volume of recyclable materials from these businesses to determine if commercial recycling services justify being provided. MONTHT V R A TF Rates will recover the cost of service. Rates will vary by container size, frequency of collection service provided, and the commodity collected. Based on the recyclable volumes projected, and the City's recommendation, collection services will be provided using either a fixed or demand response collection schedule. MINIM! 1M RIT I TNG The minimum billing required is the amount of service provided and applicable for billing each month. ACCFPTART F RFCVrT ART F MATFRIAT S Acceptable materials depend on local commodities markets and will be mutually agreed upon by the commercial recycling customer and the City. NON-ACCFPTARI F MATFR!A! S 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. 12 RIGHT OF T OAO RFFIJSAT The City reserves the right to refuse recycling loads containing any materials other than the contracted material. If a load is refused as recycling by the City, it will be handled as municipal solid waste (MSW) and incur both the contracted recycling charges as well as associated commercial solid waste disposal rates. OTHFR CHARGFS All other solid waste services performed will be charged at listed solid waste rates, or at fees established to recoup the costs and administration of the services provided. RFCVCl ART.F MATFRIAT S SAT FS Recyclable glass, plastic, metals, wood, and fiber materials may be sold at no less than forty-five percent of the current market index price. 13 SCHEDULE SWP CO! I FCTlON ANn TRANSPORTATION SFRVICFS PFRMIT (Effective 10/0 I /06) 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 in 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, and container 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. CiRANTTNCi OF PFRMTT As a condition of granting a permit, permittees agree 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 will 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 transportation vehicles operating in Denton, and containers set in Denton, are required to display a current and valid calendar year permit sticker. 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. 14 The City will establish the number of permits to be issued in each materials category. FX(;r r ISrONS 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. EEES Application fees are payable at the time of application submittal and shall be submitted to the City upon submittal of the application. Application, service, and container fees are due and payable prior to the issuance of a permit. Application, service, and container fees are non-refundable. Service and container fees are non-transferable between vehicles and containers, and are unit specific. Service fees based on a percentage of gross revenues are due quarterly and require payment to the City within 30 calendar days following the end of each calendar quarter. Interest charges, late charges, and other fees will accrue for delinquent quarterly payments. Permits are issued annually and are effective from January I st 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. Early submittal of applications, by December I st, will eliminate the possibility of permits being issued after January 1st. Container fees apply to each container placed by the permittee within the City limits of Denton, 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, Le. which are not emptied manually. Container fees are established at $3.00 for each cubic yard of container capacity, per container, per calendar year. Containers will not be placed in a street, alley, or city right-of-way (ROW). If an exception exists, and a container is placed in a street, alley, or city ROW, an additional ROW usage fee will be assessed of $3.00 per cubic yard of container capacity per month (not prorated) for as long as the container is located in the City's ROW. All containers require a container permit fee regardless if the container is or is not placed on the ground. Fees applicable for wastes and recyclables are listed below. A. Special Waste Collection and Transportation Permit I. Application Fee: $1,000 annually. 2. Service Fee: $1,000 per vehicle annually or 4% of Gross Revenue from services provided within the city limits, whichever is lower [the 4% shall be paid quarterly.] B. Medical Waste Collection and Transportation Permit I. Application Fee: $1,000 annually. 15 2. Service Fee: $1,000 per vehicle annually or 4% of Gross Revenue from services provided within the city limits, whichever is lower [the 4% shall be paid quarterly.] C. Hazardous Waste Collection and Transportation Permit 1. Application Fee: $1,000 annually. 2. Service Fee: $1,000 per vehicle annually or 4% of Gross Revenue from services provided within the city limits, whichever is lower [the 4% shall be paid quarterly.] D. Restaurant Oil and Grease Waste Collection and Transportation Permit Grease & Grit Trap Waste Collection and Transportation Permit I. Application Fee: $500 annually. 2. Service Fee: $100 per vehicle annually or 4% of Gross Revenue from services provided within the city limits, whichever is lower [the 4% shall be paid quarterly.] E. Commercial Recycling Materials Collection and Transportation Permit I. Application Fee: $500 annually. 2. Service Fee: $1,000 per vehicle annually or 4% of Gross Revenue of the market value of recycled materials or of services provided within the city limits, whichever is lower [the 4% shall be paid quarterly.] 3. Container Fee of$3.00 per cubic yard, per container, annually. 4. If applicable, a Right-of-Way Fee of $3.00 per cubic yard, per container, per month. F. Residential Recycling Materials Collection and Transportation Permit I. Application Fee: $500 annually. 2. Service Fee: 4% of Gross Revenue from services provided within the city limits [the 4% 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: $100 per vehicle annually or 4% of Gross Revenue from services provided within the city limits, whichever is lower [the 4% shall be paid quarterly.] 3. Container Fee of$3.00 per cubic yard, per container, annually. 4. If applicable, a Right-of-Way Fee of$3.00 per cubic yard, per container, per 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, will be charged: 1. Application Fee: $100 annually. 2. Service Fee: $50 per vehicle annually or 4% of Gross Revenue from services provided within the city limits, whichever is lower [the 4% shall be paid quarterly.] 3. Container Fee of$3.00 per cubic yard, per container, annually. 4. Ifapplicable, a Right-of-Way Fee of$3.00 per cubic yard, per container, per 16 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. I. Application Fee: $500 annually. 2. Service Fee: 4% of Gross Revenue from services provided within the city limits [the 4% shall be paid no less than quarterly.] SMA" OPFRATORS The following waste 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: . Special Waste . Medical Waste . Hazardous Waste . Restaurant Oil and Grease . Grease & Grit Trap Waste . Commercial and Industrial Recyclable Materials The above listed categories of applicants with less than five service locations within the City of Denton, and operating less than three trucks will be subject to the following Small Operator rates: a. Application Fee: $200 annually. b. Service Fee: $100 per vehicle annually. c. If applicable, container fees of $3.00 per cubic yard, per container, annually. d. Ifapplicable, a Right-of-Way fee of$3.00 per cubic yard, per container, per month. SFRVICF FFF CAT cm A nONS Any fee which requires a calculation of a percentage of revenue, or of materials sales, or 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. TNTFR FST CH A R GFS I ,A TF CHAR GFS Permittee's that elect or are required to provide quarterly payments to the City will incur interest and late 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: (}1I:H1~r January - March April- June P"yment Receiven hy City in Month April July 17 July - September October - December October January Payments not received during the month in which they are due will begin incurring interest charges of I Y, % per month, or the maximum percentage allowed by law, whichever is lower, on the unpaid amounts. Late payment charges and other fees will apply as established by the City's Customer Service Department. Late payments past due beyond the month in which they are due, will automatically result in the service provider being issued a "No Operations" declaration. PFNAI T1FS INO OPFRATlONS nFn ARATlON 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. Following a meeting with the City staff, and the payment of all monies owed the City, the status of the permit will be determined. RRn ASSTFTCATlON OF RFCVr:T ARI FS 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 Director of Solid Waste 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 ofa service provider to transport this material within Denton's city limits under their operating permit as per this ordinance. TFRM ANORFNFWAI All collection and transportation permits shall be valid for each calendar year, and for not more than one calendar year from the date of issuance. 18 Permittees shall provide make a written application for renewal a minimum of thirty days prior to the permit expiration to prevent a possible lapse in permitted services. The renewal application will update the information provided in the initial application. Applications for renewal shall be processed in the same manner as an initial application. All renewal fees are required to be paid prior to reissuing the permit for the upcoming calendar year. RFVOCATION OR NON-RFNFW AT OF PFRMfTS 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, he 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. 19 SCHEDULE SWL SANITARY I ANOFII I SFRVlr:FS (Effective 10/1 /06) A. MIJNlr:IPAT SOT TO WASTF (MSWl nTSPOSAI RATFS: Gate Rate - MSW $41.00/ ton Wholesale Rate - MSw $23.00/ ton Wholesale customers of greater than 3,000 annual tons may receive discounts for guaranteed delivery volumes. Pricing for special waste streams will be established by the Director of Solid Waste at a rate to fully recover costs. Volume based rates may be charged based on the gross body volume capacity of a hydraulically dumped commercial vehicle(s). Uncompacted Compacted MS.W $7.30/ cubic yard $8.10 / cubic yard .c&J} $6.90 / cubic yard $7.25 / cubic yard Uncontaminated Construction and Demolition (C&D) materials, meeting City of Denton screening criteria, will be accepted on a per ton or cubic yardage basis. Rates charged will be based on the quantity and quality of materials to be delivered. The current State of Texas landfill surcharge of $1.25 per ton is included in the above disposal rates. Any additional assessment or fees established by a government entity will be added to the disposal rates and assessed on all waste delivered to the landfill. B. MJNIMlTMI ANOFII I r:HARGF There shall be a $15.00 minimum charge per load for all materials delivered to the landfill. C. MIXFO I OAOS Customers bringing mixed loads of municipal solid waste, yard waste, and bulky items to the landfill will be charged the applicable rate, or rates to cover the cost to handle wastes of various types, characteristics, and amounts. 20 D. T1RFS C:h"r.ge / Whole Tire Charges for tires not shredded or quartered: 1. Automobile and Pickup tires $5.00 2. Commercial and Industrial truck tires $7.00 3. Off-road tires with larger than a 24.5" wheel diameter $15.00 E. YAROWASTF 1. Whole trees and stumps 2. Clean bagged or un-bagged grass, leaves or brush in less than twelve (12 ') foot lengths 3. Clean bagged or un-bagged grass, leaves, or brush greater than twelve (12') lengths $48.75/ ton $16.25/ ton $27 .00 / ton All contaminated yard waste in this category will be charged a MSW disposal rate. F. APPT lANC:FS For appliances, which were manufactured to contain PCB's or CFC's, and for which no certified removal documentation is provided, there will be a $50.00 charge per appliance. G. TNFRT MATFRTAl S $10.00/ ton Asphalt/Concrete: Inert materials include clean and uncontaminated loads of millings, concrete, asphalt, road-base, or similar materials, which may be recycled. The posted inert materials rate will be charged, or rates to cover the cost to handle various types, characteristics, and amounts of these and other acceptable inert materials. Periodically these materials may be sold to Denton's citizens. Brick/Block: Clean and uncontaminated brick and block will be accepted at the landfill at no charge. H. SAND, CLAY, MIXED SOIL, AND ROCK SALES The Solid Waste Department may sell excess sand, clay, mixed soil, and rock to the public. V~hic:1~ Gross Voll1m~ - Tn ClIhir: Y;1ros (rY's) 1.0 - 3.0 CY's 3.1 - 8.0 CY's 8.1 -16.0 CY's 16.1-28.0 CY's 28.1 - 50.0 CY's Rates are per Cubic Yard Sand ~ Mixed $5.00 $8.00 $7.50 $3.00 $5.00 $4.50 $2.50 $4.00 $3.75 $2.00 $3.20 $3.00 $1.75 $2.80 $2.64 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 21 liability insurance coverage. Those customers will pay a reduced rate, below the 28.1 to 50.0 cubic yardage volume rate. Large volume sales and the actual rates charged will require pre- approval by the Director of Solid Waste. The soils must be excess to the needs of the Solid Waste Department. Pricing for special soils will be established by the Director of Solid Waste at a rate to fully recover costs. If available, rocks will be sold on a weight basis, at $5.00 per hundred weight. TTSFO rONTAINFR SAT FS The Solid Waste Department will sell used metal containers and used surplus carts from time to time, as they become available for sale. Used surplus large carts will be sold for $15.00 each, with an adjustment for condition, and their projected useful life. Other size carts will be sold based on a pro-rata adjustment for the plastic content. J. SPFrTAI WASTF ANOOTHFR WASTF STRFAMS 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 '~ector of Solid Waste, or designee. . . ) K. I JNSFrT TRFO T OA OS 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 Charge of $20.00 for each load. L. OTHFR rHARGFS Other landfill services that are not otherwise listed under this Schedule SWL, may be provided by the City at fees established by the Director of 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. SFrTTON 7 That the Director 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 22 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. SFCTTON 1. That 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. SFCTTON 4. That 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. SFCTTON ~. That if any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or the application thereofto 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. SFCTTON n. That this ordinance shall become effective, charged, and applied to all solid waste services rendered on and after October I, 2006; 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 21/T! dayof &fj-temhe-r ,2006. , ~!~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: 23