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2004-258 FILE REFERENCE FORM 2004-258 FILE(S) Date Initials , Amended by Ordinance No. 2005-063 02/22/05 JR Amended by Ordinance No. 2005-258 09/20/05 JR ORDINANCE NO. 2004- AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE NUMBER 2003-351 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 MANUAL RESIDENTIAL RATE BY LOWERING THE MONTHLY CHARGE; ADDING A PROVISION LIMITING THE MA2NUAL RESIDENTIAL RATE CHARGE TO EIGHT (8) BAGS PER COLLECTION DAY; ADDING A PROVISION IN THE MANUAL RESIDENTIAL RATE CHARGE THAT ESTABLISHES A SERVICE CHARGE FOR THE COLLECTION AND DISPOSAL OF REFUSE IN EXCESS OF EIGHT (8) BAGS PER COLLECTION DAY; ADDING A REQUIREMENT TO THE CONTAINERIZED COLLECTION SERVICE RATE REQLqRI~G ALL REFUSE TO BE PLACED WITHIN THE CART WITH THE CART LID FULLY CLOSED; ADDING A PROVISION THAT ESTABLISHES THE AUTOMATIC COLLECTION AND BILLING FOR EXCESS VOLUMES OF REFUSE AND/OR YARD WASTE (SCHEDULE SWR); AMENDING THE RESIDENTIAL RECYCLING AND PROCESSING SERVICE RATE TITLE; AMENDING THE RESIDENTIAL RECYCLING AND PROCESSING SERVICES MONTHLY RATE CHARGE (SCHEDULE SWRR); AMENDING THE RESIDENTIAL FINANCIAL NEED DISCOUNT RATE TITLE; ADDING THREE QUALIFICATION REQUIREMENTS FOR THE RESIDENTIAL FINANCIAL NEED DISCOUNT RATE; ADDING A PROVISION LIMITING THE PERIOD FOR WHICH THE RESIDENTIAL FINANCIAL NEED DISCOUNT IS EFFECTIVE TO ELIGIBLE RECIPIENTS WHO RECEIVE FUNDS FROM THE PLUS-ONE PROGRAM (SCHEDULE SWRD); AMENDING THE COMMERCIAL SOLID WASTE COLLECTION SERVICES RATE TITLE; ADDING A PROVISION CLARIFYING THE CONTAINER SAME DAY EXTRA SERVICE CHARGE; ADDING A PROVISION WHEREIN THE USE OF SHARED COMMERCIAL CONTAINERS SHALL BE DETERMINED BY SOLID WASTE DEPARTMENT STAFF, INCLUDING THE APPROPRIATE RATES THEREFOR; AMENDING THE ROLL-OFF CONTAINER RELOCATION FEE; ADDING A PROVISION THAT STATES THAT IF A LOADED SIDE-LOAD OR FRONT-LOAD CONTAINER EXCEEDS THE APPLICABLE WEIGHT LIMITATION SET FORTH IN THIS ORDINANCE, THAT THE CUSTOMER SHALL EMPTY THE CONTAINER AND THE SOLID WASTE DEPARTMENT SHALL ONLY COLLECT AND DISPOSE OF THE REFUSE THAT IS AT OR BELOW THE WEIGHT LIMITATION PRESCRIBED BY THIS ORDINANCE (SCHEDULE SWC); AMENDING THE COMMERCIAL RECYCLING SERVICES SECTION ON ACCEPTABLE RECYCLABLE MATERIALS; (SCHEDULE SWCR); ADDING THE COLLECTION AND TRANSPORTATION SERVICES PERMIT RATE SCHEDULE (SCHEDULE SWP); ADDING A PROVISION CLARIFYING THE APPLICABLE LANDF1LL INERT MATERIALS RATE RESPECTING CLEAN AND UNCONTAMINATED BRICK; AMENDING THE SPECIAL WASTE PROVISIONS; ADDING THE LANDFILL OTHER CHARGES RATE (SCHEDULE SWL); PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: RECTTONI1 That the charges for Solid Waste collection services as author/zed by Section 24-42(b) of Article 1I, Section 24-66 of Article I1/ 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: SOLD WASTE RATE SCHEDULES PAGIR SWR Residential Solid Waste Collection Services 3 SWRR Residential Recycling and Processing Services 5 SWRD Residential Financial Need Discount 6 SWC Commercial Solid Waste Collection Services 7 SWCR Commercial Recycling Services 13 SWP Collection and Transportation Services Permit 15 SWL Sanitary Landfill Services 20 APPl ,TCATION SCHEDULE SWR ~R l~',,q TT')I~',NTI A f, ROT ,TD WA.qT~ COT ,T.RCTION ,qRRVICES (Effective 10/01/04) Applicable for residential family-unit solid waste collection service. A family unit includes each trait 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. MCINTT-TT,Y R ATtaR · Manual C, nlleetinn Service: 2 pickups per week $17.75 per thirty (30) days The City will provide up to two (2) flee rolls of plastic bags per calendar year for the residential manual service customer's primmy residence. Service charges for the collection and disposal of refuse in excess of eight (8) bags per collection day will be billed at the rate of $10.00 per cubic yard for all additional bagged refuse. The Solid Waste Department staff will automatically provide and bill for excess collection and disposal services if the additional charges are $25.00 or less. · C, nntaineH~ed Cnllentinn Rervice 1 pickup per Week Nnmlnal ~qi~e nfC, nntainer.q 1 Cnntalner 90-gallon container (nominal) $15.00 60-gallon container (nominal) $13.00 35 -gallon container (nominal) $12.00 $28.00 per thirty (30) days $25.00 per thirty (30) days All refuse must be placed within the cart with the lid fully closed. MINIMI IM lrlll J.ING / glARI~ RATI~ ~qF, RVIC, E $11.70 per thirty (30) days applicable for residential solid waste service for an unoccupied residential family unit which remains vacant for a period for greater than sixty (60) days. 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 one hundred eighty (180) days per calendar year. OTI-11~,R C~I-I A R GI~.N 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 3 collection day, excess volume charges will be assessed at $5.00 per cubic yard 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. Residential customers may be provided metal containers and service at the published commercial rates. Residential customers may place out for collection up to four bulky items per week for no additional charge. 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, remodehng, construction and demolition materials, and those appliances manufactured to contain polychlofinated 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 rate of $50.00 per service charge plus $5.00 per cubic yard or part of a cubic yard collected. Materials must not exceed eight (8') feet in length. Customers should contact Sohd Waste Department Customer Service during normal business hours to request the collection of residential construction materials. 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 f~om 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. SCHEDULE SWRR RF,,~IDg'NTTAI. Rlq(~¥C,I .TN'Ct AND PROC.~.R~TNCt (Effective 10/01/04) APPT JCATTON 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. MC}NTT-TI .Y R ATE $2.99 per thirty (30) days. Should any other fees be established by an authorized governmental entity, those fees will be added to the monthly rate to recover those costs. M1NIMI' 1M RTf .1' .lNG $2.99 per thirty (30) days. If any other fees are established by an authorized governmental entity, the minimum billing would adjust to include those costs. ~,XC, EPTION TO 1MPORTTTC}N OF R ATI~. The residential curbside 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 Pate Service rate is applicable to the unoccupied residential family unit. 5 SCHEDULE SWRD Rg..qlDRNTTAT. FTNANCIAT, NYRF. D DT,qC.I~T tNT (Effective 10/01/04) APPT JCATI'ON Applicable for residential family-mt solid waste collection and recycling collection and processing service customers. A family tmit includes each trait 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. QI IAI ,TFIC, A TION Residents who wish to receive the Residential Financial Need Discount shall qualify for the discount if the following requirements are met: 1. They receive financial assistance from the Plus One Program; and. 2. They are a City of Denton residential solid waste customer; and. 3. They inform the City's Customer Service Department of their desire to participate in the program. Y)l.qCT)1 ]3xIT TRRM The discount is effective for each family for those months in which they receive funding from the Plus One program. MC}NTT-TT.¥ 1'31.qP, ClT INT RATR A reduction of the Residential Solid Waste Service charges by $3.50 per thirty (30) days. 6 SCHEDULE SWC COMMF. R C. IAT. ,qf)T .rD WA,qTR COT .I .RC. TION ~qFRVICES (Effective 10/01/04) APPT,TCATTON 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 requires that commercial solid waste service requirements be reevaluated and services be provided under current service requirements. Business development includes, but is not limited to any of the following: new business construction, existing business expansions or remodeling, and existing business site revisions. With these occurrences, the Planning and Development Department's Denton Development Code and Site Plan Criteria Guidelines will apply. MONTI-II .Y R AT~ Commercial refuse collection services are provided through a volume-based rate system. PF/RMANF. NT FRONT T .OAF) CONTA1NI~.R ~qg. RVl(21R (Long Term Scheduled Service) In addition to the container service listed in this subsection, these rates also include the demand response collection of up to eight (8) bulky items per month, per customer account. 1. 8 CTIglTCYARDCONTAINFR Front Load Pickups Cubic Yards Rate Per Per Week Per Week 30 1 8 $103.47 2 16 $206.72 3 24 $312.69 2. 6 CI[l:lIC YARD CONTAINFR Front Load Pickups Cubic Yards Rate Per Per Week Per Week 30 Da.wq 1 6 $84.66 2 12 $169.50 3 18 $255.52 3. 4 CT~TC YARD CONTAINIR~R Front Load Side Load Pickups Cubic Yards Rate Per Rate Per Per Week Per Week q0 Days q0 Day~ 1 4 $65.29 $75.26 2 8 $130.58 $150.43 3 12 $196.22 $226.32 4. 2 & q CT]-I~TC YARD CONTATNF,,R~ Front Load Side Load Pickups Cubic Yards Rate Per Rate Per Per Week Per Week 30 Day~ 30 Day~ 1 3 $53.34 $61.51 2 6 $107.02 $123.46 3 9 $161.50 $185.53 The Solid Waste Department will establish rates to recover the cost of service for collection services at fi'equencies 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. CONTAIqXmR FXTR A ~qg. RVICF. (For a container reload and extra empty) Container .qi×e 2 & 3 CY container 4 CY container 6 CY container 8 CY container Cnlleefinn ~qerviee Fee $29.35 per pickup $34.80 per pickup $45.65 per pickup $56.50 per pickup These extra service fees apply if the track, 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 fi.om off-site to provide same day extra service, there is a $50.00 same day service charge, plus the applicable collection service fee. COMIVgI~R CIAI. CART ~RF. RVICF. Commercial cart service is not available city-wide. In those areas where cart collection is available, small quantity waste generators may contract for once a week cart service. Bulky item collection services are not provided for commercial cart service customers. One (1) pieln~p per week .qerviee: Cart Capacity. 1 Cart 2 Cart~ 90 gallon (nominal) $15.00 $28.00 8 60 gallon (nominal) $15.00 $25.00 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 (manual) collection service. HAND COT J,ECTRD COMMFRCIAI. SERVICE The rate for hand collected commercial accounts will be the rate charged for a three (3) cubic yard container serviced one time per week; or a rate established to recover the cost of service, whichever is greater. Bulky Item collection services are not provided for hand collected commercial refuse service customers. TF, MPORARY FRONT LOAD CONTATNIFR ~qFRVfCE Cnntaine~r ,qize 4 CY container 8 CY container Monthly Cnntainey Rellta[ $32.90 $54.10 Cnlleetinn Servlee Fee $62.35 per pickup $84.55 per pickup Temporary service accounts incur container delivery charges to initially place the containers. The use of a temporary container requires minimum service and/or billing a minimum of once a month. ROI J.-OFF OPFN TOP CONTA1NFR SFRVICR Container Size 20 CY container 30 CY container Mon~ly Cnntainer Rental $81.70 $94.05 Collection Service Fee $238.10 per pickup $291.85 per pickup 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 minutes increments at the rate of $85.00 per hour. The use of a temporary roll-off container requires minimum service and/or billing a minimum of once a month. The Solid Waste Department will establish rates to recover the cost of service for unlisted container sizes. Construction and demolition material (C&D) collections will be provided using 20 cubic yard containers. ROI J ~OFF COMP ACTOR CONTAINF~R ,qF/RVICE (~nntalne.r ~i~e 20 CY comp~tor 30 CY comp~tor 42 CY compactor ]Monthly Cnntainex Re~tnl $261.45 $295.55 $337.65 Cnllectlnn ,qervlee Fee. $299.50 per pickup $340.05 per pickup $389.60 per pickup The Solid Waste Deparlment will establish rates to recover the cost of service for unlisted container sizes. 6 CI ]FIIC YARD COMPACTOR ,qF, RVTCI~ Pickups Rate Per PexWe.ek 30 1 $246.03 2 $493.16 3 $759.66 MI II ,TT-FAMII ,Y RT II KY ITI~M COT J,ECTION ,RF*~ VICE Cnntalne.r ~i~e. 4 CY SL container 8 CY FL container Mnnthly Cnntainer Rental $15.00 $15.00 Collection gerviee. Fee, $35.00 per pickup $45.00 per pickup These services are provided for the collection of residential household bulky items. Items which will not be collected include: refrigerators, fi.eezers, 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 7 feet high fi.om the bottom of the container. If the container is not serviced during the normal 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. SI-tARFD COMMI~RCTAI, CONTAINF, R,q 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 Department staff. Rates will include the additional monitoring, billing, and administrative costs associated with this service. MINIMI IM COMMF, RCIAI, CI-IARGg', A minimum charge of $15.00 per thirty (30) days will be charged to all commercial solid 10 waste customers. Shared accounts are subject to other applicable service fees. SPECIAl. WA,qT'F 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. L. IDTI-I'FJ~ (2I-1 A R GF, R A delivery fee of $75.00 per container will be charged to all customers for roll-off containers. A delivery fee of $50.00 per container will be charged to all customers for fi'ont load or side load containers. A relocation fee of $75.00 will be charged for each roll-off container that is relocated at the customer's site, unless relocation occurs during a service. A $50.00 fee will be charged for each request for same day collection by on-demand roll-off customers. 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 $75.00 for roll-off containers and $50.00 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 $125.00 fee will be charged to install or remove conta'mer locks. Loaded side load conta'mers shall not exceed a total weight of one ton. Loaded f~ont 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. A minimum of once per week pickup service is required for containers in which putrescible waste is placed. Up to eight (8) bulky items per customer, per month, will be picked up from each permanent commercial account customer at no additional charge. For this service, commercial customers must call Solid Waste Customer Service by 5:00 p.m. on the day before the collection. Bulky items shall not be placed near or adjacent to containers prior to 48 hours before the scheduled bulky item collection. A service fee of $10.00 per bulky item will be charged for each bulky item in excess of eight (8) bulky items collected. Multi-family bulky item route collection services are available for customers desiring those services. Demand response bulky item collection services will be charged a $50.00 service fee, plus a fee of $10.00 per bulky item collected. Bulky items may be delivered to the landfill by the customer. Solid waste customers may deliver up to four times per month, and up to 200 pounds of bulky items per delivery, to Denton's landfill at no charge. Loads in excess of 200 pounds will be charged landfill rates. 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 fi:om 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. Overflowing and excess waste containers, which are determined to necessitate collections by solid waste personnel, will be charged a $50.00 service fee, plus a $35.00 charge per cubic yard for overflowing and excess waste outside the container, which is collected, containerized, and serviced by Solid Waste department personnel. Other commemial 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 permanent 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, if the deposit is determined to be under-projected, 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, if the deposit is determined to be under- projected, additional deposit funds are required to continue receiving service. 12 SCHEDULE SWCR CIDMMFR CIAT. R F. CYCI .INIG gFRVICF, g (Effective 10/01/04) APPI JC ATTONT 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. QI IAI.IFICATION 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 his 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. MONITT-TT.Y r A Rates will recover the cost of service. Rates will vary by container size, frequency of collection service provided, and commoc[ity 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. MINIMI UM l:llI J .TNTG The minimum billing required is the amount of service provided and applicable for billing each month. A(2(2VpTAB1.1~ R I~I2YC~T .Alq1.1~ MATI~iRtAI ,S Acceptable materials depend on local commodities markets and will be mutually agreed upon by the commercial recycling customer and the City. N!C}NI- A C(2F/PT ART ,~ MATFRTAI ,g 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. 13 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. OTI-TF, R CI-I A R CtF,.q 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. SC~D~ESWP COT .f ,F,C. TION AND TR AN,RPORTATW)N ~I~,R VTCI~..~ PERMIT (Effective 01/01/05) APPT .TC ATTC)N 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, and those wastes or reeyelables the city does not collect and transport, must possess a current permit issued fi.om 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: · Special Waste · Medical Waste · Hazardous Waste · Restaurant Oil and Grease Waste · Grease 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's Solid Waste Department 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 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 Director of Solid Waste 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. GRANTING Cf~ PF, RMTT As a condition of granting a permit, pennittees 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 calendar year permit sticker. The Director of Solid Waste, or designee, afier reviewing the permit application and agreement, and after conducting any necessary research, may issue the permit, issue the permit with conditions, or 3_5 deny the issuance of the permit. The Director of Solid Waste will establish the number of permits to be issued in each materials category. Individuals living within the city limits of Denton, and hauling personal materials, wastes, or recyclables from their primmy living residence are exempt from this requirement. Application fees are payable at the time of application submittal and shall be submitted to the Director of Solid Waste or designee, 1527 South Mayhill Road, Denton, Texas. Application, vehicle, 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 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 1st or the date of issuance, whichever is later, through December 31st 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. Beginning the application process near the end of the calendar year, from December 1st on, will not allow adequate time for materials review and processing and will require the applicant to suspend services in Denton until the review is satisfactorily completed and a permit is issued. 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 lit~ed and emptied using a special vehicle designed for that use, i.e. which are not emptied manually. Container fees are established at $3.00 for each cubic yard of container capacity, per container, per fiscal 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, a ROW usage fee will be assessed of $3.00 per cubic yard of container capacity per 30 days for as long as the container is located in the ROW. All containers require a container permit fee regardless if the container is or is not placed on the ground. Fees applicable for waste and recyclables are listed below. A. Special 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.] B. Medical Waste Collection and Transportation Permit 16 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.] 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 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.] E. Restaurant Oil and Grease Waste Collection and Transportation Permit 1. Application Fee: $500 annually. 2. Service Fee: $100 per vehicle annually or 4% of Gross Revenue from services provided within the city/units, whichever is lower [the 4% shall be paid quarterly.] F. Commercial Recycling Materials Collection and Transportation Permit 1. 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. G. Residential Recycling Materials Collection and Transportation Permit 1. 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.] H. 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. b. Small C&D Operators: Transporters with no more than three vehicles, includ'mg trailers, in which each vehicle does not have a Gross Vehicle Weight Rating (GVWR) of more than 14,000 17 pounds, will be charged: 1. Application Fee: $50 annually. 2. Service Fee: $50 per vehicle annually or 4% of Gross Revenue fi.om 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. I. 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: 4% of Gross Revenue fi.om services provided within the city limits [the 4% shall be paid no less than quarterly.] ,ql~RVIC~ F~F, CAI ,CI I1 ,A TTON[q 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. INTF. RR,RT CI-IARGF, R: I,ATR CglARGR,q: AND FRR,q Pennittee'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: October - December January - March April - June July- September Payment Received by City. in Mnnth January April July October Payments not received during the month in which they are due will begin incunSng interest charges of 1½ % 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 sixty (60) days will automatically result in the service provider being issued a "No Operations" declaration. A permittee which has not received approval fi.om the Director of Solid Waste to operate within the city limits of Denton; or has been suspended by the Director of Solid Waste fi.om operating within the city limits of Denton, Texas shall be charged a sum of up to $500.00 by the City, for each violation of this ordinance, if the provider violates the 'No Operations' requirement prior to approval of a pen'uit, 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 3_8 subject to being charged a stun 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. NO OPF, R ATIO~T,q DRC~T .A~ ATI(~Tq 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 Director of Solid Waste will issue a '`No Operations' declaration to the service provider. 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, operations may resume by the service provider following a meeting with the City staff to update their application and agreement and make payment of all monies owed to the City. RI~(2T .A~q~qTFTC ATTC}NT OF R 1~12¥C~I .ART Recyclablcs containing five-percent or more contamination, as determined by the Director of Solid Waste or designee, of waste or non-recyclable materials 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 detennination 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 as per this ordinance. TI~J~M AND RRNII~,WAI, All collection and transportation permits shall be valid for each calendar year, and for not more than one (1) calendar year fi'om the date of issuance. Permittees must make a written application for renewal a minimum of sixty (60) days prior to the pemait 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. RPiVOCATTONI OR NTC}NI-RF. NFI~.WAT. O~ pl~.RK,'fTT~q If the Director of Solid Waste or designee 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 ANIITAR¥ T,ANDFIT ,I, .qER VTiZE.q (Effective 10/1/04) MI ]NICIPA[. SOl.IF) WASTE .flVISW). DISPOSAl, R ATE,q: I. RETAIL RATES a. Uncompacted Waste (Load capacity of less than 3 cubic yards) [This waste excludes construction and demohtion (C&D) materials.] $33.75 per ton for waste originating within Denton's city limits $41.00 per ton for waste originating outside of Denton's city limits b. Uncompacted Waste (Load capacity of 3 or more cubic yards) $39.00 per ton for waste originating within Denton's city limits $41.00 per ton for waste originating outside of Denton's city limits e. Compacted Waste $35.00 per ton for waste originating within Denton's city limits $37.00 per ton for waste originating outside of Denton's city limits 2. WHOLESALE RATES Compacted Waste (Load capacity equal to 25 or more cubic yards) $21.00 per ton for waste originating within Denton's city limits $23.00 per ton for waste originating outside of Denton's city limits b. Uncompacted Waste (Load capacity equal to 50 or more cubic yards) $21.00 per ton for waste originating within Denton's city limits $23.00 per ton for waste originating outside of Denton's city limits When the scales are inoperative, or accurate weights cannot be determined, the following rates may be charged based on the gross volume capacity of the vehicle, container, or trailer, if no more accurate method is available. Uncompacted Refuse Compacted Refuse $6.00 per cubic yard $8.50 per cubic yard 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. MIN1MI IM l ,ANDFII J. C.I-I A R GE There shall be a $7.50 minimum charge per load for all materials delivered to the landfill. 2O C. MIX~,D T DAF),q 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. Charges for fires not shredded or quartered: 1. Automobile and Pickup tires 2. Commercial and Industrial track tires 3. Off-road tires with larger than a 24.5" wheel diameter Charge Per Whole Tire $5.00 $7.00 $15.00 YARD W A ,~TI~. 1. Whole trees and stumps. 2. Clean bagged or un-bagged grass, leaves or brash in less than twelve (12') foot lengths 3. Clean bagged or un-bagged grass, leaves, or brash greater than twelve (12') lengths $48.75 per ton $16.25 per ton $27.00 per ton All contaminated yard waste in this category will be charged a MSW disposal rate. RT TT .KY TTF,,IM~q Bulky items may be delivered to the landfill by the customer. Solid waste customers may deliver up to four times per month, and up to 200 pounds of bulky items per delivery, to Denton's landfill at no charge. Loads in excess of 200 pounds will be charged landfill rates. 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. TNF. R T M ATI~,RTAT,,q $10.00 per ton AsphalffConcrete: 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. 21 [. ~PF.C~TAT, WA ~TI~, The acceptance by the landfill of and the disposal of Special Waste is conditional. Acceptance of Special Waste is subject to Federal and State laws and regulations. The City of Denton has the right to refilse to accept or dispose of special waste at its discretion. Charges for the disposal of Special Waste will be established based on the type, characteristics, and amounts of Special Waste, as well as the requirements for disposal of the waste. Such charges shall be established by the Director of Solid Waste. T TNTR~'.C~I jR F..D 1.0AD.q In compliance with State regulations, solid waste loads that are not adequately secured to prevent the material fi.om spilling will be charged an Unsecured Load Charge of $20.00 for each load. OTHER C. T4 A R Ctg,,q other landfill services that are not otherwise listed under this Schedule SWL, may be provided by the City at fees estabhshed 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. 22 ,qF.C. TIC~NI 2 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 roles; or for any violation of the written landfill roles by the customer as posted by the Solid Waste Department at the entrances to the landfill, fi.om time to time. SECTION q. 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. ~qF.C. TIf~N' 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. ~qRCTICIN 5. That 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. ,qF. CTItqN 6;. That this ordinance shall become effective, charged, and applied to all solid waste services rendered on and after October 1, 2004; provided however, this ordinance shall be charged and applied to those solid waste department services described in Schedule SWP (Collection and Transportation Services Permi0 rendered on and after January l, 2005; and a copy of said rates, fees, and charges shall be maintained on file in the Office of the City Secretary. PASSED AND APPROVED this the ~/~ dayof ~~~) ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY 23 APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S:\Our Documents\Ordinanees\04~2004-2005 Solid Waste Rat~ Ordinance.doc 24