§ 49-24. Collection.

(a)

General requirements. The requirements of this section shall govern the operations of a collector, not otherwise operating under a county-issued franchise or collection agreement wherein the county is a party, in providing residential and commercial collection service within the service area and in providing commercial collection service.

(1)

Vehicles.

a.

The collector shall use only vehicles with bodies which are watertight to a depth of not less than 12 inches, with solid sides and covered top, or vehicles which transport commercial containers. The county shall have the authority to waive the requirement of a fully enclosed top in the event of an emergency. The collector shall provide sufficient equipment to maintain regular schedules of collection and to promptly and efficiently perform collector's duties under this chapter.

b.

Equipment is to be maintained in a reasonably clean and safe working condition and is to be painted uniformly according to standards established, from time to time, by the county. Equipment shall contain the name and telephone number of the collector and a truck number or code established by the county printed in letters not less than six inches high on each side and rear of the vehicles. A record shall be kept of the vehicle to which each number is assigned. No advertising shall be permitted on the vehicles.

c.

Vehicles shall not be overloaded so as to scatter residential solid waste, but if residential solid waste is scattered from a collector's vehicle for any reason, it shall be the responsibility of the collector to immediately pick up such scattered residential solid waste.

d.

Vehicles are to be washed thoroughly on the inside and sanitized with a suitable disinfectant and deodorant each working day in order to be maintained in a clean and sanitary condition. All vehicles are to washed inside and outside at least weekly at the collector's yard.

e.

The collector's vehicles are not to interfere unduly with vehicular or pedestrian traffic and vehicles are not to be left standing on streets and alleys unattended.

(2)

Routes and collection schedules.

a.

The collector shall utilize such routes within the service area as will contribute to maximum efficiency of operation and will file a copy of such routes with the county prior to beginning operations. The collector shall comply with all height and weight restrictions for any bridge, road or tunnel. The county shall deny the collector's vehicles access to certain streets, alleys, bridges and public ways where it is in the interest of the general public to do so because of conditions of the streets or bridges or the nature of development of the general area. Notice shall be given by the county prior to such denial so as to not unduly interfere with the collector's normal operations.

b.

Between September 1 and October 1 of each year, the collector shall provide the county with schedules of collection routes and shall annually supply all customers with printed information, which, as a minimum, will include a one-fourth page display advertisement newspaper publication within the county, regarding amounts and types of residential solid waste which will be collected, complaint procedures, rates, regulations and days of collection. Any alteration in the collection schedules, procedures or rules shall be approved by the board prior to notifying customers. All customers shall receive notice of any alteration in the collection schedule, procedures, rules or rates at least 30 days prior to such alteration. Such notice shall be given by public notice in a newspaper published within the county or by such other method as approved by the board. All such notices shall comply with legal advertisement requirements as provided by state law. Any alteration of collection schedules or procedures resulting from circumstances beyond the control of the collector shall be communicated to the customers. Such notice, as a minimum, shall be by advertisement in a newspaper of local circulation.

(3)

Personnel. The direction and supervision of residential and commercial collection service shall be by competent and qualified personnel and the collector shall devote sufficient personal time and attention to the direction of the service to insure performance of his obligations and duties as specified under the provisions of this chapter.

(4)

Office. The collector shall provide a suitable office located within the county and shall maintain reasonable business hours each weekday where customers may apply for service and register complaints. All complaints shall be resolved within 48 hours of their being brought to the attention of the collector, not including Saturdays, Sundays, or legal holidays. Each collector shall supply the county administrator with copies of records of all complaints on a form approved by the county indicating the disposition of each complaint. Such records shall be available for county inspection at all times during normal business hours. The form shall indicate the day and the hour in which the complaint was received and the day and hour in which it was resolved. In the event of a dispute between a collector and a residential customer, the collector shall continue to collect all residential solid waste generated by the customer pending resolution of the complaint.

(5)

Newly established accounts. It shall be the responsibility of the collector to provide residential collection service to the occupant of any newly established residential property within the service area of that collector.

a.

Newly established residential accounts. The collector shall provide residential collection service to each newly established residential customer on the next regularly scheduled collection day after the collector receives notice of the newly established customer. The county department of planning and development will notify the collector of each newly established residential property. The collector will notify the county within seven days of any newly established manufactured home, mobile home or recreational vehicle on individual parcels within the service area for which the county has not previously notified the collector of the issuance of a tie-down permit for such home or vehicle. The providing of false information may constitute cause for the termination of the collector's franchise.

b.

Newly established commercial accounts. The collector shall notify the county within seven days of the establishment or discontinuation of commercial collection service at any commercial property. The collector shall provide the name of the commercial property and its address with such notice.

(b)

Residential service. The collector shall collect and dispose of all residential solid waste from or generated by residential property within that collector's service area, except for such residential solid waste which is collected pursuant to a recycling program, under the following terms and conditions:

(1)

Hours and days of collection. The collector shall pick up and deliver to the sanitary landfill, in accordance with section 49-21, the residential solid waste (other than yard trash), placed at curbside in garbage containers provided by the customer not less than one time per week, with collections at least five days apart. Not less than twice a month, the collector shall also pick up and deliver to the sanitary landfill, or any other sanitary landfill having a yard trash recycling program approved by the county administrator, yard trash placed at curbside that it is not commingled with any other residential solid waste. The collector shall not commingle grass or yard trash with other residential solid waste. The collector may commingle grass with yard trash. Collection shall begin no earlier than 6:30 a.m. and cease at 7:00 p.m., with the exception of those areas where the county and the collector have designated earlier or later collection times. In the case of an emergency as designated by the county and later evidenced by a written memorandum confirming the approval, collection shall be permitted at times not allowed by this subsection. No collection shall occur on Sundays, except on those approved by the county administrator or to maintain a regular schedule due to holidays. No collection shall occur on holidays designated by the county in which the sanitary landfill is closed. The county shall notify each collector, in writing, by August 1 of each year of those dates which the sanitary landfill shall be closed or have reduced hours of operation during the next fiscal year. Where the regular collection day falls on a holiday, service shall be provided on the next regularly scheduled collection day. The collector shall notify all customers whose normal collection day falls upon such holiday that no collection service will be provided on such holiday and shall notify all customers of the date on which their residential solid wastes shall be collected. Such notice shall be either by actual notice to the customer, or through publication in a newspaper of general circulation within the county, and shall be given at least ten days prior to the holiday.

(2)

Manner of collection. The collector shall collect residential solid waste with as little disturbance as possible and shall leave any garbage container at the point it was collected.

(3)

Accessibility. All collections shall be at curbside or other such locations as contained in the franchise contract, or approved by the county administrator, as will provide ready accessibility to the crew of the collector and vehicle. Employees collecting residential solid waste will be required to follow the regular walk for pedestrians while on private property. No trespassing by employees will be permitted, or crossing property to the neighbor's premises, unless the occupant or owner of both such properties has given permission. Care should be taken to prevent damage to property, including flowers, shrubs, and other plantings. The collector shall not be responsible for cleaning up sanitary conditions around garbage containers caused by carelessness of the customer; however, the collector shall clean up any residential solid waste spilled from a customer by the collector or his employees. Care shall be taken by employees to prevent damage to containers by unnecessary rough treatment. The collector shall report to the county administrator all situations which prevent or hinder collection of residential solid waste on any premises.

(4)

Rear door collection services. The collector shall provide rear door collection services (exclusive of bulk items) to those customers requesting such service. Such service shall be at an additional charge which is subject to the approval of the county. The collector shall be responsible for the billing and collection of this additional charge.

(5)

Interference. Customers shall insure that containers may be picked up without interference from pets or other sources and that the safety of the collector is not threatened.

(6)

Bulk items. Such service shall be provided at no additional charge once a month throughout each service area on a schedule established by the collector, which shall include all customers requesting that service. Collection of bulk items shall be limited to three cubic yards per set out.

(7)

Residential garbage containers. Unless otherwise required in the franchise contract in rural areas, the residential customer shall place his garbage container at curbside, unless another location is approved by the collector. Placement of containers for rear-door collection service shall be within side or rear yards within 75 feet of curb or road service, at or near ground level, and outside of fences, garages, carports, hedges or other such enclosures, and in general located so as to be easily accessible to the collector. There shall be no limit on the number of garbage containers which the collector shall pick up. Residential customers shall have garbage containers in place at curbside, or rear door where permitted, by 6:00 a.m. on the day of collection service but in no event earlier than noon the day prior to the day of collection. Emptied containers, where curbside, shall be removed no later than the day following pickup.

(8)

Rural areas. Residential solid waste general by residential property located in the rural area of the service area as designated by the county shall be collected in one or more of the following ways, which shall be determined in advance and specified in the franchise contract:

a.

Curb collection similar to that provided to urban residential property under subsection (b)(1).

b.

Collection at a designated access point, such as a mailbox or the nearest county- or state-maintained road.

c.

Any other method proposed by the collector and approved by the county.

(c)

Commercial service.

(1)

General provisions. The collector shall pick up and deliver to the sanitary landfill, in accordance with section 49-21, all residential solid waste from or generated by commercial property for which the collector has entered into a contract for commercial collection service; provided, however, that grass and yard trash shall not be commingled with other residential solid waste. Commercial property using garbage containers shall comply with subsection (b), except that there shall be no restriction as to time of collection or day of collection for any commercial property. The size of a commercial container and the frequency of collection for commercial property shall be established by the collector in consultation with the customer and shall be subject to approval by the county administrator in the event of dispute; provided, however, the frequency of collection shall not be less than one per week, unless otherwise approved by the county administrator, with collections at establishments generating perishable waste being no less than twice per week and no more than three days apart (Sundays and legal holidays excluded).

(2)

Written agreements. For commercial collection service, or where the collector or a specialty hauler agrees to collect exempt solid waste, a written agreement between the collector and the customer shall be entered into regarding the level and type of service to be provided, the conditions of service, and the rate to be charged. In the event of a dispute, such agreements shall be subject to the approval of the county.

(3)

Commercial garbage containers. The collector shall be prepared to provide all commercial containers required in the collection of residential solid waste from commercial property for which they have entered an agreement for the commercial collection service and shall maintain such containers in a clean and operable condition, including an acceptable appearance according to standards determined from time to time by the county. All commercial containers shall be clearly marked to prohibit their use for the disposal of hazardous waste, biohazardous waste, or sludge. Commercial customers using garbage containers shall be responsible for providing garbage containers which shall comply with the requirements of subsection (b)(7).

(4)

Roll-off boxes. The collector shall maintain or have access to sufficient roll-off boxes for construction projects and special events so that all reasonable requests can be supplied within three working days of such request.

(5)

Commercial billing. The collector shall be solely responsible for the billing and collection of commercial collection charges.

(6)

Commercial rates. All rates charged by collectors for commercial collection service shall be subject to the approval of the county and shall not exceed the maximum rates specified in the franchise contract or established under the provisions of article III. Late charges and resumption of service fees shall not exceed the maximum rates specified in the franchise contract or established under the provisions of article III.

(Ord. No. 98-06, § 24, 8-13-98)