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HomeMy WebLinkAbout2019-06-24 19-261 ORDINANCETitle, Ordinance 19-261 06/24/2019 Amending Chapter 265, Solid Waste, of the Code of the City of Bangor by Deleting and Replacing Section 265-1 and Section 265-2 Summary This Ordinance will replace, in its entirety, Chapter 265, SS265-1 and §265-2, related to Commercial Solid Waste. Beginning July 1, 2019, the City will begin disposing of municipal solid waste and recyclables at the new Coastal Resources in Hampden. Changes in environmental concerns and solid waste markets combined with changes in processing municipal solid waste require modifications to the ordinances governing the disposal of municipal solid waste. Primarily the ordinance redefines acceptable and unacceptable waste to reflect new disposal technology and current practice. Notable commercial exclusions include bulky waste such as mattresses, tires, and brush. In addition, this ordinance updates language to meet current practice relative to how commercial waste is financially accounted for by the private haulers. Finally, the ordinance identifies that the Public Works Director shall be the responsible party for billing and licensing commercial haulers. Committee Action Committee: Infrastructure Action: Staff Comments & Approvals Meeting Date: June 24 18, 2019 For: 4 Against: 0 City Manager City Solicitor Finance Director Introduced for: First Reading CITY COUNCIL ORDINANCE Date: June 24, 2019 Assigned to Councilor: Davitt 19-261 06/24/2019 ORDINANCE, Amending Chapter 265, Solid Waste, of the Code of the City of Bangor by Deleting and Replacing Section 265-1 and Section 265-2 WHEREAS, In July, haulers collecting garbage within the city boundaries of Bangor will be required to take all materials to Coastal Resources of Maine LLL., located in Hampden; and WHEREAS, Over the past decade, waste collection and disposal have changed dramatically and the types of materials that are accepted have changed as well; and WHEREAS, The new Coastal Facility will be able to process of number of products that were previously unprocessable and create secondary products such as biofuel and cellulous energy; and WHEREAS, a number of previously accepted products such as tires, bulky waste and yard waste are not processable at the Coastal Resources facility; and WHEREAS, the City of Bangor organizational structure was changed to have the Public Works responsible for the billing and licensing of the commercial haulers; 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 is deleted in its entirety and replaced with the following: §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 Coastal Resources of Maine LLC and/or its assignees, hereinafter referred to as the "Coastal Facility"; and to control commercial haulers and 19-261 19 noncommercial haulers who collect and transport solid 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: All wastes which the Coastal Facility will accept, including all ordinary household, municipal, institutional, commercial and industrial wastes, refuse and discarded materials. Examples of acceptable forms of solid waste are: ordinary trash, plastic mi|kju8sand detergent bottle, tin and aluminum cans, empty aerosol cans, and cardboard and paper. UNACCEPTABLE SOLID WASTE All waste that is not acceptable solid waste and will not be ac-c� processed by the Coastal Facility at its Hampden, Maine facilities. Items under this section are considered tobeunacceptable forms of solid waste: (1) Demolition or construction debris or material from building and roadway projects or locations. (I) Liquid wastes orsludges. (3) Abandoned or junk vehicles or vehicle parts. (4) Hazardous wastes and Flammable wastes. (5) Dead animals or portions thereof or other /6J Infectious mrbiological waste. (7)Water treatment residues. (8)Tree stumps and yard debris including: trees, sticks, branches, leaves, grass and weeds, brush, and woodchips. (9)Tannery sludge. (1O)Waste oil, lubricants, orfuel including gasoline and propane. (11)Paint and Mastics (12) White goods, such as freezers, refrigerators, washing machines, dryers, stoves, air conditioners, or any good containing Freon or form of Chlorofluorocarbons and/or Hydro chlorofluorocarbons. (13) Furniture - including mattresses, box springs, and sofas (14) Electronic Waste (EWaste) —includes items such as televisions, computers, monitors, phones, lithium batteries, and electronic items 19-261 19 (1S) Tires 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. Shall have the same definition acset forth in38M.R.6.A. §13O3-C,asthe same may beamended from time to time. An individual, corporation, partnership or other legal entity who or which hauls unacceptable solid waste (waste not accepted at Coastal) for himself, herself, itself or another from within the limits of the City. 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 ofBangor which produces solid waste that is disposed ufbya commercial or unlicensed hauler. D. Flow control. Commencing April 1, 2018, all acceptable solid waste generated within the City of Bangor shall be disposed of at the Coastal Facility in Hampden by municipal residential curbside pickup or by commercial haulers who are licensed ashereinafter provided. E. Licensing. All commercial haulers must obtain an annual license from the office of the Bangor Public Works Department. (1) The Public Works Director 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 Coastal Facility. The list shall be kept up-to-date, and any changes must be reported immediately to the Public Works office. Trucks with unregistered plates will not be permitted access tothe Coastal Facility. (2) 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 Coastal tipping room floor by mechanical means will be (3) Any individual or company who provides, places, or services any dumpster or similar container for the collection or (4) All licenses are nontransferable. F. Fees. The City Council shall establish annual fees for the licensing of commercial haulers, which shall include a basic fee 19-261 19 and an additional fee for each vehicle to be licensed. Haulers shall be required to pay any fees for disposal which may be established by the City Council. G.Credit for tonnage. It shall be the responsibility of the commercial hauler to ensure that the City of Bangor is given credit by the Coastal Facility for all acceptable waste collected within the City of Bangor and delivered to the Coastal Facility by him or her. In the event that acceptable solid waste collected by commercial hauler within the City of Bangor is commingled in a vehicle with any other solid waste collected in any other municipality the commercial hauler shall have a method acceptable to the City to determine the weight of the solid waste collected within the City of Bangor. The commercial hauler shall provide documentation to the City of Bangor, upon request, for the amount of solid waste collected within the City ofBangor. H. Responsibilities of the hauler. The commercial hauler shall be held fully responsible for the presence of unacceptable waste inthe loads delivered bythem tothe Coastal Facility. |nthe event that the commercial hauler disposes ofany unacceptable waste atthe Coastal Facility, said waste shall beimmediately removed from said Coastal Facility bythe 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 Coastal Facility in Hampden and shall save the City of Bangor harmless from any or all claims of injury or damage resulting from his orher hauling operations. 1. Records. All commercial haulers shall provide the City of Bangor Public Works Director 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 Coastal Facility, either by route number or by the name of the commercial establishment if the load is from a single source. The Public Works Director or his orher 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. J. Payment. Each commercial hauler will be billed monthly for the total tonnage delivered by him or her to the Coastal 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 tubedone bythe City ofBangor orits designated agent. (1) The City reserves the right to adjust the tipping fee from time to time as may be necessary to defray its total costof solid waste disposal; however, the same tipping fee will be charged to all commercial haulers within the City of Bangor. (2) 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 oythe hau|er'slicense until payment isreceived. (3)The Finance Director may also require licensed haulers topost apayment bond orsuch 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 19-261 19 whose license was temporarily or permanently suspended. K.Establishment and operation ofdisposal areas for special wastes. The City Council may from time totime establish 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 byCouncil order, including subsequent amendments thereto. §265-2 Violations by commercial haulers. Any commercial hauler who violates any provisions of §265-1 may receive a temporary suspension of his or her license to haul within the City orBangor if, inthe opinion of the Director ofPublic Works, the violation is considered to be serious brearhoftheprovisionsof§265'1.Uponnodcetothecommencb|hau|ermfsaidtennporaryauspenaion,apub|icnoticeof said suspension will be issued and a hearing scheduled with the appropriate Council committee. |fthe committee upholds the decision of the Director of Public Works, then a penalty of $150 for each violation shall be levied against the commercial hauler, with each day of violation considered to be a separate offense. Said penalty shall be paid to the City prior to the reinstatement of the license. In the event that a commercial hauler shall have violated the provisions of §265-1 for five days or more or on 10 or more separate occasions, the City Council shall have the right to revoke any existing license and refuse togrant a license inthe future. a0004a o � r O n v z d Z OOOc) - o O C/) C Ctrl n z z � � d d Ptil zz zz c d H o 0 b r r rri r a C4 c) ~d a H sri O