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HomeMy WebLinkAbout2017-12-11 18-044 ORDINANCECITY COUNCIL ACTION Council Meeting Date: Item No: 18-044 Responsible Dept: Legal Action Requested: Ordinance 18-044 12/11/2017 Map/Lot: N/A Title, Ordinance, Amending the Code of the City of Bangor, Chapter 265 Solid Waste, §265 Collection and Disposal Summary This Ordinance amendment will require that commercial waste haulers deliver and dispose of solid waste at the Fiberight Facility in Hampden, Maine effective April 1, 2018, in accordance with the Municipal Joinder Agreement between the City of Bangor and the Municipal Review Committee approved February 29, 2016. The City of Bangor currently operates under an agreement to dispose of its solid waste at the Penobscot Energy Recovery Company (PERC) in Orrington, Maine, which expires March 31, 2018. The current agreement requires that the City of Bangor's solid waste ordinance require that commercial haulers of solid waste to take the waste to the PERC facility in Orrington. In preparation for the expiration of the existing agreement, the City of Bangor entered into an agreement with the Municipal Review Committee (MRC) to dispose of its solid waste at the Fiberight Facility in Hampden, Maine. The effective date of that agreement is April 1, 2018. This agreement with MRC also requires that the City act appropriately to require that commercial haulers dispose of their solid waste at the Fiberight Facility in Hampden after March 31, 2018. Committee Action Committee: Action: Staff Comments & Approvals Meeting Date: For: Against: r ► l City Manager City Solicitor Finance Director Introduced for: CITY COUNCIL ORDINANCE Date: December 11, 2017 Assigned to Councilor: Perry 18-044 12/11/2017 ORDINANCE, Amending the Code of the City of Bangor, Chapter 265 Solid Waste, §265 Collection and Disposal WHEREAS, the City of Bangor currently operates under an agreement to dispose of its solid waste at the Penobscot Energy Recovery Company in Orrington, Maine; and WHEREAS, pursuant to the agreement the City of Bangor's solid waste ordinance requires that commercial haulers of solid waste to take the waste to the Penobscot Energy Recovery Company; and WHEREAS, the City's agreement to dispose of its solid waste at the Penobscot Energy Recovery Company expires on March 31, 2018; and WHEREAS, the City of Bangor is party to an agreement to, after March 31, 2018, dispose of its solid waste at the Fiberight Facility being constructed in Hampden, Maine; and WHEREAS, the agreement requires that the City take appropriate measures to require that commercial haulers dispose of their solid waste at the Fiberight Facility in Hampden after March 31, 2018. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 265, Solid Waste, of the Code of the City of Bangor shall be amended as follows: §265-1. Collection and disposal. No person, corporation or legal entity shall dispose of solid waste in any manner which is contrary to the provisions of this section, as hereinafter described. A. Authority. This section is enacted pursuant to the authority granted to the City of Bangor under the Constitution of the State of Maine, the City Charter, 30-A M.R.S.A. §3001 and 38 M.R.S.A. §1304-B. B. Purpose. The purpose of this section is to promote the public health, safety and welfare; to gain management control over solid waste and enable the reclamation of resources, including energy therefrom; to provide for the orderly operation of a solid waste disposal facility pursuant to 38 M.R.S.A. §1305, Subsection (1); to allow the City to properly administer a contract with the waste processing facility located in Hampden, Maine owned by Fiberight LLC and/or its assignees, Penebseet Energy reeevery Gen9pany hereinafter referred to as (the "Fiberight Facili ') BERG; and to control commercial haulers and noncommercial haulers who collect and transport solid 18-044 12/11/2017 waste within the limits of the City of Bangor. C. Definitions. Any terms, phrases and words not defined herein shall have the generally accepted meaning or definition promulgated in Webster's Seventh New Collegiate Dictionary (Copyright 1971). The terms, phrases and words in this section shall have the following meanings: ACCEPTABLE SOLID WASTE All wastes which the Fiberight Facility °E-R-C—will accept at its facilities, including all ordinary household, municipal, institutional, commercial and industrial wastes which consist primarily of combustible materials, except for the following: Demolition or construction debris from building and roadway projects or locations. L21 Liquid wastes or sludges. M Abandoned or junk vehicles. L41 Hazardous wastes. LQ Dead animals or portions thereof or other pathological wastes. Water treatment residues. Tree stumps. M Tannery sludge. M Waste oil. 10 Discarded white goods, such as freezers, refrigerators, washing machines, etc. 11 LI Waste which, in the reasonable judgment of the Fiberight Facility's P€RG's weigh station operator, based solely upon a visual inspection, has a Btu content of less than 4,000 Btu's per pound, unless the waste fails to meet the aforesaid Btu minimum requirements solely because of the moisture content of such waste and such moisture content is due to abnormally wet weather conditions. 12 18-044 12/11/2017 Quantities of tires which may be determined by the Fiberight Facility PER -G -to be excessive. 13 Corrugated cardboard. COMMERCIAL HAULER An individual, corporation, partnership or other legal entity who or which hauls solid waste for another from within the City limits of the City of Bangor for compensation or hauls solid waste generated by his, her or its own business. SOLID WASTE Shall have the same definition as set forth in 38 M.R.S.A. §1303-C, as the same may be amended from time to time. UNACCEPTABLE SOLID WASTE All waste that is not acceptable solid waste and will not be accepted by the Fiberight Facility PERG at its Hampden 9Fringten, Maine, facilities. UNLICENSED HAULER An individual, corporation, partnership or other legal entity who or which hauls unacceptable solid waste for himself, herself, itself or another from within the limits of the City. USER An individual, corporation, partnership or other legal entity who or which resides in the City of Bangor and/or has a business in the City of Bangor which produces solid waste that is disposed of by a commercial or unlicensed hauler. D. Flow control. Commencing April 1, 2018 aAll acceptable solid waste generated within the City of Bangor shall be disposed of at the Fiberight Facility P nebcc_} Energy Reeevery Faeility in Hampden Grringten by municipal residential curbside pickup or by commercial haulers who are licensed as hereinafter provided. The only exceptions will be unlicensed haulers of unacceptable waste or alternate disposal sites or transfer stations which may be designated from time to time by the City. E. Organic waste. The Public Works Department shall provide a facility to accept organic waste. Acceptable organic waste shall include tree, brush, wood chips, grass clipping and other vegetated matter. Organic waste that shall not be accepted at the Public Works Department Facility shall include tree stumps, demolition debris, food waste and invasive plant species. F. All persons seeking to deliver organic waste to the Public Works Department must obtain an annual permit from the City of Bangor which shall expire on June 30 of each year. The permit may be obtained from the Public Works Department, the office of the City Clerk or the Treasury Department. Permits must be displayed on the windshield of the permit holder's vehicle. All permits are nontransferable. The City Council shall establish the annual fee for resident and nonresident permit holders. G. Licensing. All commercial haulers must obtain an annual license from the office of the Bangor City Engineer. Rte 1988, far the first year and an the 39th day of 3une ef eaeh year theFeafter. U-1 , The City Engineer shall devise an application form which shall be approved by the appropriate Council committee prior to its use. Each application must be accompanied by a list of the current license plate numbers of all trucks owned by the applicant which are to be used to haul waste to the Fiberight Facility �. The list shall be kept up-to-date, and any changes must be reported immediately to the City Engineer's office. Trucks with unregistered plates will not be permitted access to the Fiberight Facility PERG faEility. Only vehicles which are in good operating condition, which have their loads enclosed within a container or covered securely and which are capable of discharging their loads on the Fiberight Facility PERF Fa=o'it tipping room floor by mechanical means will be licensed. M 18-044 12/11/2017 Any individual or company who provides, places, or services any dumpster or similar container for the collection or handling of acceptable solid waste in the City of Bangor shall obtain a solid waste haulers license. f All licenses are nontransferable. H. Fees. The City Council shall establish annual fees for the licensing of commercial haulers, which shall include a basic fee and an additional fee for each vehicle to be licensed. Unlicensed haulers shall obtain a decal from the City Treasurer's office, requiring proof of residency, and shall be required to pay any fees for disposal which may be established by the City Council. I. Credit for tonnage. It shall be the responsibility of the commercial hauler to ensure that the City of Bangor is given credit by the Fiberight Facility PER41u'-for all acceptable waste collected within the City of Bangor and delivered to the Fiberight Facility PE4�C-facility by him or her. Acceptable solid waste collected by a commercial hauler within the City of Bangor shall not be commingled in a vehicle with any other solid waste collected in any other municipality. 1. Responsibilities of the hauler. The commercial hauler shall be held fully responsible for the presence of unacceptable waste in the loads delivered by him or her to the Fiberight Facility PERG In the event that the commercial hauler disposes of any unacceptable waste at the Fiberight Facility PERG faeolity, said waste shall be immediately removed from said Fiberight Facility P`_�'''; by the hauler at the hauler's expense or by the City or its agents, with double the cost of removal and disposal to be billed to the hauler. The hauler shall be fully responsible for the handling of waste between its source in Bangor and the Fiberight Facility PERF faeolit'; �n Hampden Greg and shall save the City of Bangor harmless from any or all claims of injury or damage resulting from his or her hauling operations. K. Records. All commercial haulers shall provide the City of Bangor City Engineer with a list of all major users and a description of all routes, which shall be initially submitted at the time of application for license and shall be updated monthly. In addition, the driver of each of the commercial hauler's vehicles shall identify the source of each load on the weight ticket at the Fiberight Facility PERG faeolit , either by route number or by the name of the commercial establishment if the load is from a single source. The City Engineer or his or her agents shall have the right, upon reasonable notice, to inspect the records of any commercial hauler as to the solid waste collected by him or her within the limits of the City of Bangor. L. Payment. Each commercial hauler will be billed monthly for the total tonnage delivered by him or her to the Fiberight Facility PERC facility from the City of Bangor at a rate per ton equal to the sum of the current tipping fee price, any administrative fees charged to support multijurisdictional solid waste activities and a one -percent City of Bangor administrative fee, said billing to be done by the City of Bangor or its designated agent. U The City reserves the right to adjust the tipping fee from time to time as may be necessary to defray its total cost of solid waste disposal; however, the same tipping fee will be charged to all commercial haulers within the City of Bangor. Billing shall be done on a cycle to be determined by the Finance Director. Payment shall be due and payable within 30 calendar days from the date of invoice. Late payments shall be subject to the same rate of interest as is in effect at the time for delinquent property tax payments. Failure to pay within the prescribed time may result in temporary suspension of the hauler's license until payment is received. M The Finance Director may also require licensed haulers to post a payment bond or such other guaranty acceptable to the City Solicitor to insure the financial capability of such haulers to meet required payments to the City. Posting of bond or other guaranty may be required of a licensed hauler who has failed to make timely payments of all fees billed and whose license was temporarily or permanently suspended. M. Establishment and operation of disposal areas for special wastes. The City Council may from time to time establish 18-044 12/11/2017 rules and regulations for the disposal and/or transfer of special wastes, including but not limited to demolition debris, white goods, tires or other unacceptable wastes as defined in Subsection C, including the location, the hours of operation, the establishment and method of collection of disposal fees and any other appropriate conditions. The establishment of said facilities and the rules pertaining to the operation thereof, including fee schedules, shall be established by Council order, including subsequent amendments thereto. Note: Additions are underlined. Deletions are sak threEigr IN CITY COUNCIL DECEMBER 11, 2017 COr 18-044 FIRST READING 40 Q. CITY CLERK IN CITY COUNCIL DECEMBER 27, 2017 COr 18-044 COUNCILOR WESTON FELFT HE HAD A CONFLICT OF INTEREST AS BOTH ENTITIES WERE CLIENTS OF HIS BUSINESS MOTION MADE AND SECONDED THAT COUNCILOR WESTON HAD A CONFLICT OF INTEREST PASSED COUNCILOR WESTON LEFT THE MEETING MOTION MADE AND SECONDED FOR PASSAGE VOTE: 8-0 COUNCILORS VOTING YES: DAVITT, GRAHAM, NEALLEY, NICHOLS, PERRY, SUPICA, TREMBLE SPRAGUE COUNCILORS VOTING NO: NONE PASSED COUNCILOR WESTON RETURNED TO THE MEETING CITY CLERK