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2003-351FILE REFERENCE FORM 2003-351 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials Amended b Ordinance No. 2004-042 02/17/04 ) R Amended b Ordinance No. 2004-258 09/21/04 JR ORDINANCE NO. 2003- 35/ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE NUMBER 2002-270 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 CHARGE; AMENDING THE CONTAINERIZED COLLECTION SERVICE CHARGE; AMENDING THE CHARGES FOR MINIMUM BILLING/BASE RATE SERVICE UPON CONDITION AND APPLICATION; AMENDING THE CHARGE FOR MANUFACTURED APPLIANCES THAT CONTAIN PCB's OR CFC'S WITH NO CERTIFIED REMOVAL DOCUMENTATION OF PCB'S OR CFC'S (SCHEDULE SWR); AMENDING THE RESIDENTIAL CURBSIDE RECYCLING AND PROCESSING SERVICE CHARGE (SCHEDULE SWRR); AMENDING THE DEMAND RESPONSE COLLECTION OF UP TO EIGHT BULKY ITEMS PER MONTH PER COMMERCIAL AND INSTITUTIONAL SOLID WASTE COLLECTION ACCOUNT; AMENDING THE MONTHLY RATES FOR COMMERCIAL & INSTITUTIONAL SOLID WASTE COLLECTION SERVICES; INCREASING SERVICE CHARGES FOR COMMERCIAL FRONT-LOAD AND SIDE-LOAD CONTAINERS; AMENDING THE CHARGES FOR CONTAINER EXTRA SERVICE; ADDING AN ADDITIONAL CART RATE FOR TWO CARTS; ADDING A NOMINAL CHARGE TO PROVIDE SEMI-AUTOMATED COMMERCIAL CART SERVICE WHERE FULLY AUTOMATED COLLECTION SERVICE CANNOT BE PROVIDED; AMENDING THE CHARGES FOR TEMPORARY FRONT LOAD CONTAINER SERVICE; AMENDING THE CHARGE FOR ROLL OFF OPEN TOP SERVICE; AMENDING THE HOURLY RATE FOR COMBINED TRUCK AND MANPOWER USAGE; PROVIDING FOR INCREASED CHARGES FOR DISPOSAL WEIGHT OF REFUSE EQUAL TO OR GREATER THAN 700 POUNDS PER CUBIC YARD - OVERWEIGHT LOADS; PROVIDING FOR INCREASED CHARGES FOR DISPOSAL WEIGHTS OF REFUSE EQUAL TO OR GREATER THAN 1,000 POUNDS PER CUBIC YARD, PLUS AN ADDITIONAL OVERWEIGHT PENALTY OF $300.00 PER CONTAINER LOAD; AMENDING THE ROLL- OFF COMPACTOR CONTAINER SERVICE CHARGES; AMENDING THE SIX CUBIC YARD COMPACTOR CHARGES; ADDING MULTI-FAMILY BULKY ITEM COLLECTION SERVICE AND CHARGES; AMENDING THE SHARED COMMERCIAL CONTAINER CHARGES; ADDING A CHARGE TO PROVIDE SHARED CONTAINER SERVICE; AMENDING THE CONTAINER DELIVERY FEE; AMENDING THE RELOCATION CHARGE FOR EACH ROLL OFF CONTAINER; AMENDING THE NOTIFICATION TIME (11:00 A.M.) FOR ON-DEMAND CUSTOMER SERVICE; AMENDING THE INACCESSABLE CONTAINER CHARGE FOR CONTAINERS THAT PRESENT ACCESSABIL]TY PROBLEMS AND/OR ADDITIONAL SERVICES AND/OR TIME; ADDING A DIFFICULT CONTAINER ACCESS FEE CHARGE FOR ROLL-OFF CONTAINERS AND FOR ALL OTHER CONTAINERS; AMENDING THE ON-SITE WAITING TIME CHARGED TO CUSTOMERS WHOSE CONTAINERS ARE INACCESSIBLE; AMENDING THE INSTALLATION OR REMOVAL OF LOCKS ON CONTAINER CHARGES; AMENDING THE QUANTITY OF COMMERCIAL BULKY ITEMS COLLECTED ON FIRST THURSDAY COLLECTION; AMENDING THE SERVICE FEE FOR 1 DEMAND RESPONSE BULKY ITEM COLLECTION SERVICE; AMENDING THE REQUIREMENTS FOR FREE DELIVERY OF BULKY ITEMS TO THE LANDFILL; AMENDING THE CHARGES FOR SERVICE REGARDING OVERFLOWING AND EXCESS WASTE COLLECTIONS PLUS AN APPLICABLE CHARGE FOR WASTE OUTSIDE OF THE CONTAINER WHICH IS COLLECTED, CONTAINERIZED, AND SERVICED BY SOLID WASTE PERSONNEL (SCHEDULE SWC); ADDING THE COMMERCIAL RECYCLING SERVICES SCHEDULE WITH APPLICATION, QUALIFICATION, MONTHLY RATE, MINIMUM BILLING, ACCEPTABLE RECYCLING MATERIALS, NON-ACCEPTABLE MATERIALS, RIGHT OF LOAD REFUSAL, AND OTHER CHARGES (SCHEDULE SWCR); AMENDING THE MUNICIPAL SOLID WASTE DISPOSAL RATES; PROVIDING FOR RETAIL DISPOSAL RATES; ADDING WHOLESALE DISPOSAL RATES; ADDING A LANDFILL CHARGE BASED UPON THE GROSS VOLUME CAPACITY OF THE VEHICLE, CONTAINER OR TRAILER IF THE SCALES ARE INOPERATIVE OR ACCURATE WEIGHTS CANNOT BE DETERMINED; AMENDING THE MINIMUM LANDFILL CHARGE; AMENDING THE LANDSCAPE YARD WASTE CHARGE; AMENDING THE LANDFILL BULKY ITEMS CHARGE; AMENDING THE INERT MATERIALS CHARGE; AMENDING THE UNSECURED LOADS CHARGE (SCHEDULE SWL); PROVIDING FOR ADDITIONAL REASONS FOR THE DIRECTOR OF SOLID WASTE OF THE CITY OF DENTON TO DENY THE USE OF THE LANDFILL TO CERTAIN CUSTOMERS COMMITTING CERTAIN ACTS OR VIOLATIONS; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILTTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SF. TTON 1. 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 SWR Residential Solid Waste Collection Services 3 SWRR Residential Curbside Recycling and Processing Services 5 SWRD Residential Financial Need Service Discount 6 SWC Commercial and Institutional Solid Waste Collection Services 7 SWCR Commercial Recycling Services 14 SWL Sanitary Landfill Services 16 2 SCHEDULE SWR RF.SMEN?TAL StILM WASTE C OT T FCTIOM SF1Z WCFS (Effective 11/01/03) 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 unit or living space in which a person or single family resides. Manual Collection Service: 2 pickups per week $18.20 per thirty (30) days The City will provide up to two (2) free rolls of plastic garbage bags per calendar year for the residential manual service customer's primary residence. • Containerized Collection Servire Nominal Size, of Containers 90-gallon container (nominal) 60-gallon container (nominal) 35-gallon container (nominal) 1 pickup per Week 1 Container $15.00 $13.00 $12.00 2 Containers $28.00 per thirty (30) days $25.00 per thirty (30) days $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. 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, charges will be assessed at $5.00 per cubic yard for all cubic yards in excess of eight (8) cubic yards. 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, remodeling, construction and demolition materials, and those appliances manufactured to contain 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 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 Solid Waste 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 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. Residents may deliver household bulky items (not appliances manufactured to contain CFCs or PCBs) to the landfill for disposal at no charge, if they are not in payment arrears with their utility services account and provide proof of Denton residency. 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. 4 SCHEDULE SWRR RF.gMF.NTTAT. C'TTRBSTT)F. RFC VC'T.TNC; ANT) PROCF.SSTNC; SFRVTC'F.S (Effective 11/01/03) 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 unit or living space in which a person or single family resides. $2.07 per thirty (30) days. [The "pass through" amount, forwarded monthly to the Curbside Recycling Contractor is $1.47 per residential family unit. The City of Denton Recycling Support Fee cost is $0.60 per thirty (30) days and funds container purchases, contract management, administrative costs, franchise fees, and other similar items.] Should any other fees be established by an authorized governmental entity, those fees will be added to the monthly rate to recover those costs. $2.07 per thirty (30) days. If any other fees are established by an authorized governmental entity, the minimum billing would adjust to include those costs. 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 Rate Service rate is applicable to the unoccupied residential family unit. SCHEDULE SWRD RESMENTTAT. FTNANCTAT. NF.F.T) SFR VTCF DTCC OT TNT (Effective 11/01/03) Applicable for residential family-unit solid waste collection and for recycling collection and processing services. A family unit includes each unit of a duplex or triplex, each living unit of a residential lot, and any unit or living space in which a person or single family resides. Residents who wish to apply for the Residential Financial Need Service Discount shall qualify for the discount by meeting the established guidelines for the existing Plus One Program. The discount is effective for a period of no longer than twelve (12) months. The discount requires re-application annually. Reduction of Residential Solid Waste Service charges by $3.50 per thirty (30) days. SWC CCTMMFR CTAT . AND TNSTM TTTDNAT . SnT TD W A STF. COT I RCTTON SFR VTCFS (Effective 11/01/03) 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 Department's General Guidelines for Commercial Solid Waste Services document and requirements will apply. A. PERMANENT FRONT LOAD CONTAINER SERVICE (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, and demand response yard waste collection services. 1. R CT TRTC YART) CCINTATNFR Front Load Pickups Cubic Yards Rate Per Per Week Per Week 'ink 1 8 $103.47 2 16 $206.72 3 24 $312.69 2. 6 CTTRTC YARD CDNTATNER Front Load Pickups Cubic Yards Rate Per Per Week Per Week 30 nays 1 6 $84.66 2 12 $169.50 3 18 $255.52 3. 4 CITRIC YARD CONTAINER Front Load Side Load Pickups W k P Cubic Yards P W k Rate Per 30 D Rate Per 30 D er ee 1 er ee 4 ays $65.29 ays $75.26 2 8 $130.58 $150.43 3 12 $196.22 $226.32 4. 7 & 3 CITRIC YA RD CONTAINER S Front Load Side Load Pickups W k P Cubic Yards P W k Rate Per 30 D Rate Per 30 n er ee 1 er ee 3 ays $53.34 T $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 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. CONTAINER EXTRA SERVICE (For a container reload and extra empty) Container Size 2 & 3 CY container Collectinn Service Fee $29.35 per pickup 4 CY container $34.80 per pickup 6 CY container $45.65 per pickup 8 CY container $56.50 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. B. 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 and yard waste collection services are not provided with commercial cart service. 8 One pickup per week seryine; hart C'.3 p riT 1 Cart 2 Carta 90 gallon (nominal) $15.00 $28.00 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. C. HAND COT.LF.CTED COMMERCTAT. SF.RVICF. 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 and Yard Waste collection services are not provided with hand collected commercial service. D. TEMPOR ARY FRONT LOAD CONTATNER SFRVTCF. Container Size Monthly Container Rental Cnll ..tion S .rvic . Fee 4 CY container $32.90 $62.35 per pickup 8 CY container $54.10 $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. E. ROT.T-OFF OPEN TOP SERVICE Container Size. Monthly Container Rental Collection Serv,ee Fee 20 CY container $81.70 $238.10 per pickup 30 CY container $94.05 $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. 9 Construction and demolition material (C&D) collections will be provided using 20 cubic yard containers. For disposal weights equal or greater than 700 pounds per cubic yard, an additional disposal charge of $15.00 per ton for all container net weight will be charged. For disposal weights equal or greater than 1,000 pounds per cubic yard, $15.00 per ton for all container net weight will be charged plus an overweight penalty of $300.00 per container load will be charged. F. ROT.T~OFF COMPACTOR /CONTAINER SFRVTCF. Container Size Monthly Container Rental Collection Service Fee 20 CY compactor $299.50 $261.45 per pickup 30 CY compactor $340.05 $295.55 per pickup 42 CY compactor $389.60 $337.65 per pickup The Solid Waste Department will establish rates to recover the cost of service for unlisted container sizes. For disposal weights equal or greater than 700 pounds per cubic yard, an additional disposal charge of $15.00 per ton for all container net weight will be charged. For disposal weights equal or greater than 1,000 pounds per cubic yard, $15.00 per ton for all container net weight will be charged plus an overweight penalty of $300.00 per container load will be charged. G. 6 CTTRTC YARD COMPACTOR SFRVTCF. Pickups Rate Per Per Week 30 Days 1 $246.03 2 $493.16 3 $759.66 H. MITT.TT-FAMIT.Y FTTT.KY ITEM COLLECTION SERVICE 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 item containing 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 from 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. 10 If the bulky item container is contaminated with refuse, construction materials, or contains other non-bulky materials, the standard service fees will apply. Container Size Monthly Container Rental Collection Service Fee 4 CY SL container $15.00 $35.00 per pickup 8 CY FL container $15.00 $45.00 per pickup Shared commercial container customers must have at least one (1) cubic yard of service per customer. Rates associated with this service will be calculated based cost of service for each occurrence. Rates will recover the cost of service. All customers using shared containers will be charged the container rate, plus $2.00 per thirty (30) days to support administrative costs. J. MTNIMTTNI CCIMMERCTAL CHARC:F. A minimum charge of $15.00 per thirty (30) days will be charged to all commercial solid waste customers. K. SPF.CTAT. 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 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. OTHER CHARGES 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 front load or side load containers. A relocation fee of $50.00 will be charged for each roll-off container that is relocated at the customer's site, unless relocation occurs following 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. 11 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 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. Roll-off container materials shall weigh less than 700 pounds per cubic yard. Additional customer charges are incurred for each excess weight container. Tickets and/or fines for overweight loads, and the City's administrative costs, are the responsibility of the customer. A minimum of once per week pickup service is required for containers in which putrescible (food) 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 Wednesday before the first Thursday pickup. Bulky items shall not be placed near or adjacent to containers prior to 48 hours before the scheduled first Thursday pickup. 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 these 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 at no charge. 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 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. Overflowing and excess waste collections 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. 12 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 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. 13 SCHEDULE SWCR COMMERCIAL RECYCLING, SERVICES (Effective 11/01/03) Owners and managers of various multi-family living units, businesses, commercial and institutional businesses, and properties receiving commercial solid waste collection services may potentially participate in commercial recycling. Commercial recycling is not available for all multi-family living units and commercial and institutional businesses operating within the City of Denton. Solid Waste Department management will evaluate the commercial business and projected recyclable materials of interested and solicited businesses to determine if commercial recycling services should be provided. Rates will recover the cost of service. Rates will vary by container size and the frequency of collection service provided. 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. The minimum billing required is the amount of service provided and applicable for billing each month. • All classes of Paper including but not limited to; newspaper, office paper, junk mail, mail, magazines, telephone books, catalogs. • Corrugated cardboard and chipboard • Aluminum, tin, and steel food and beverage cans • Glass bottles, jars, and jugs • Plastic bottles, jars and jugs • Other materials as mutually agreed upon by the customer and City 14 NON-AC CEPTART.F. MATERIALS The City will provide information listing non-acceptable materials. The multi-family owner or manager, or business owner or manager is the responsible person required to inform all personnel having access to and using the recycling container and all business recycling personnel of the non- acceptable materials. RIGHT OF LOAD RF.FT TSAL The City reserves the right to refuse loads as recycling loads due to the amount of contamination in the load. If a load is refused by the City, and determined not to contain sufficient recyclable materials, it will be handled as municipal solid waste (MSW) and incur the associated rates. All other solid waste services performed will be charged at listed solid waste rates. 15 SCHEDULE SWL SANITARY T.ANT)FTT 1. SERVICES (Effective 11/1/03) A. 1. RETAIL RATES a. Uncompacted Waste (Load capacity of less than 3 cubic yards) [This waste excludes construction and demolition (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 c. 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 a. 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 B. 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. There shall be a $7.50 minimum charge per load for all materials delivered to the landfill. 16 C. D. E. F. G. 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 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 1. Whole trees and stumps. $48.75 per ton 2. Clean bagged or un-bagged grass, leaves $16.25 per ton or brush in less than twelve (12') foot lengths 3. Clean bagged or un-bagged grass, leaves, $27.00 per ton or brush greater than twelve (12') lengths All contaminated yard waste in this category will be charged a MSW disposal rate. Bulky items may be delivered to the landfill at no charge. 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. TNRRT MATF.RTAT.S $10.00 per ton A SP R A T .T/C.nNCR RTR/RR TCK /R T .OCK Inert materials include clean and uncontaminated loads of brick, block, 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 other acceptable inert materials. Periodically these materials may be sold to Denton's citizens. 17 H. 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 dispose of special waste at their discretion. Charges, approved by the Director of Solid Waste, for the disposal of special waste will be established based on the type, characteristics, and amounts of special waste, and the requirements for disposal of the waste. I. I NSE.Ci7RFT)TDADS hi 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. 18 SECTION 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 rules; or for any violation of the written landfill rules by the customer as posted by the Solid Waste Department at the entrances to the landfill, from time to time. SECTION 3. 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. SECTION 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. SECTION 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. SECTION 6. That this ordinance shall become effective, charged, and applied to all solid waste services rendered on and after November 1, 2003; 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 / day of (JG~ 2003. ('f , & C EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: 19 APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY VU BY: S:\Our Documents\0rdinanccs\03\Solid Waste Rate Ordinance - 2003 102203.doc 20