Chapter 6.08
COLLECTION AND DISPOSAL OF SOLID WASTE, RECYCLABLE MATERIALS AND YARD WASTE
Sections:
6.08.020 Compliance with regulations.
6.08.030 Deposit in receptacles required – Responsibility for spill cleanup.
6.08.050 Containers – Responsibility of customer, contractor.
6.08.070 Collection – Placement of containers.
6.08.080 Collection – Tagging of materials not picked up.
6.08.090 Multifamily units – Special requirements.
6.08.100 Contract with collector.
6.08.110 Solid waste charge mandatory and exception to the requirement.
6.08.120 Authority to adopt rate schedules.
6.08.130 Schedule of rates and charges.
6.08.010 Definitions.
The following definitions shall apply under this chapter:
(a) “Can” means a 32-gallon receptacle, not to exceed 45 pounds at time of pickup, provided by the customer, made of durable, corrosion-resistant, nonabsorbent material, watertight with close-fitting cover and two graspable handles. No can shall weigh more than 12 pounds empty. A can may only be used for occasional extra garbage and must have an “extra tag” affixed to it for pickup.
(b) “Bag” shall mean a 32-gallon plastic bag durable enough to be lifted without breaking, not to exceed 40 pounds at time of pickup, provided by the customer. A bag may only be used for occasional extra garbage and must have an “extra tag” affixed to it for pickup.
(c) “Curbside” shall mean at the curb or up to five feet from the edge of the drivable portion of the road or alley, or as required by contractor for service. “Curbside” may also be referred to as “curb.”
(d) “Packout” shall mean a carryout service per can from a distance greater than five feet from the edge of the drivable portion of the road or alley. “Packout” may also be referred to as “off curb.”
(e) “Drive-in” shall mean the action of the vehicle leaving the public road to provide service. “Drive-in” may also be referred to as “off curb.”
(f) “Medical infectious waste” shall include, but not be limited to, contaminated sharps, human blood and blood products, cultures and stocks of infectious agents and associated biological matter.
(g) “Recyclables” for curbside collection shall include newspapers, mixed waste paper, cardboard, aluminum cans, tin cans, plastic bottles, and such other materials from time to time as shall be mutually agreeable to both parties to add to or remove from the program. Glass shall be taken by the customer to a drop-off recycling center at the contractor’s office or such other appropriate recycling center.
(h) “Toter” shall mean a wheeled plastic cart that has the capacity of 12, 24, 48, 64 and 96 gallons. The maximum weight capacity is equal to two pounds per gallon. Toters are provided by the contractor, dumped mechanically, and are used for garbage collection (12- through 96-gallon), curbside recycling (64- and 96-gallon), multi-family recycling and yard waste recycling (64- and 96-gallon). Customer shall place toter where directed for automated collection. A toter may also be referred to as a cart or a roll cart.
(i) “Rear load container” shall mean a detachable metal container with the size of one, one and one-half or two cubic yards used for the collection and disposal of solid waste/garbage, attached by hand at the rear of the truck and dumped mechanically. This container is intended to be placed on a hard, level surface. Such container whose contents weigh more than 250 pounds per cubic yard of volume at the time of pickup shall be considered overweight and subject to the overweight pickup fee.
(j) “Front load container” shall mean a detachable metal container of various cubic yard sizes, which is loaded directly by the truck by driving straight into the unit with the front-loading forks. Such container whose contents weigh more than 250 pounds per cubic yard of volume at the time of pickup shall be considered overweight and subject to the overweight pickup fee.
(k) “Drop box” means a large-volume (13 cubic yards or greater) detachable container that can be pulled onto a collection vehicle mechanically and transported to a disposal site.
(l) “Solid waste/garbage” shall mean all putrescible and nonputrescible solid and semisolid wastes, including, but not limited to, rubbish, ashes, demolition and construction waste, animal and vegetable waste. Solid waste/garbage does not include: sludge and septage; dangerous, hazardous, or medical infectious waste; automobile batteries; abandoned vehicles or large auto parts; large appliances; and rubber tires. Unless indicated otherwise, all solid waste collection services shall be for non-compacted material.
(m) “Glass” shall mean all jars and bottles of any color. Plate glass, window glass, mirrors, light bulbs, ceramics or glass kitchen cookware are not included.
(n) “Aluminum cans” shall mean used beverage and food containers free of contents.
(o) “Tin cans” shall mean cans and containers composed of tin plated steel, or bi-metals. Aerosol cans, coat hangers or other scrap metals are not included.
(Pp “Mixed paper” shall mean magazines, junk mail, cereal boxes and cardboard. Mixed paper shall not include tissue, paper towels, paper plates, plastics and any other food-contaminated paper products.
(q) “Newspaper” shall include only newspaper and catalogs made of newsprint. All other paper is mixed paper.
(r) “Yard waste” shall mean grass and vegetative material, which occurs naturally and is grown on residential or commercial property or is included in the landscaping of such property. The term also includes Christmas trees that are free of any decoration and flocking. The term does not include rocks, sod, gravel, dirt and sand. In addition, branches larger than four inches in diameter and stumps are not included.
(s) “Subcontractor” shall mean any entity with whom the contractor has an agreement to perform medical infectious waste and drop box service, as provided for in this contract.
(t) “Extra tag” shall mean a tag that shall be affixed to any occasional extra solid waste/garbage “can” or “bag,” in addition to the customer’s subscribed garbage service.
(u) “Contractor” means any person, firm, partnership, association, institution or corporation who has contracted with the city for the collection, handling and transportation of all or part of Fircrest’s solid waste, which includes garbage, recyclables and yard waste within the city.
(v) “Person” means every person, firm, partnership, association, institution or corporation in the city accumulating garbage, yard waste or recyclables requiring collection; the term also means the occupant and/or the owner of each residential or commercial unit.
(w) “Multifamily recycling charge” listed in FMC 6.08.130 applies to each dwelling unit per apartment complex. The charge is assessed even if the property owner/manager requests no service and applies to all units whether occupied or not.
(x) “Compacted containers” shall mean a customer-owned container that compacts the solid waste by mechanical means, that is between one and six cubic yards in volume and shall be designed for pickup by a front load collection vehicle. Charges for such compacted containers shall be calculated by using the same volume as the noncompacted container rate with weekly pickup as the basis, then multiply that amount times the manufacturer’s stated compaction ratio, then multiply that amount times 88 percent. Multiply that amount times the number of pickups per week if more than one pickup is requested. If a customer mechanically compacts the solid waste either prior to or after being placed into the company-owned container, the compacted containers rate formula shall apply at a 3:1 compaction ratio. (Ord. 1669 § 1, 2021; Ord. Ord. 1433 § 1, 2007; Ord. 1358 § 1, 2004; Ord. 1197 § 1, 1998).
6.08.020 Compliance with regulations.
It shall be unlawful for any person to burn, dump or deposit on any street, alley, public place or private property, or to collect, remove or dispose of, any garbage within the city except as provided in this chapter; provided, that yard waste may be composted on the property from which it originated, or on other property with the permission of the property owner. (Ord. 1007 § 2(B), 1992).
6.08.030 Deposit in receptacles required – Responsibility for spill cleanup.
All persons accumulating garbage, recyclables or yard waste in the city shall place and accumulate the same in garbage cans or in other approved containers. Responsibility for cleaning up spills around garbage, recycling and yard waste containers shall fall on the party causing the spill. (Ord. 1007 § 2(A), 1992).
6.08.040 Containers – Specifications.
Repealed by Ord. 1197. (Ord. 1007 § 2(C) – (E), 1992).
6.08.050 Containers – Responsibility of customer, contractor.
Persons accumulating garbage, recycling and yard waste shall arrange with contractor to provide, maintain and replace when needed toters and other approved containers sufficient to accumulate garbage, recycling and yard waste. The city manager or designee shall make the final decision in disputes regarding the type, number, condition or suitability of toters or other containers. Customer shall place toters at curbside no earlier than 5:00 p.m. the day before pickup, and retrieve them from curbside no later than 10:00 p.m. the day of pickup. The customer is responsible for the safe custody of toters and other containers provided by the contractor. If a customer’s toter or other container, through no fault of the contractor, becomes damaged, lost or stolen, the contractor may, upon approval of the city manager, assess a charge to the customer for repair or replacement. All regular scheduled collection of garbage, recycling and yard waste require the use of toters and other containers provided by the contractor. Such toters and containers remain the property of the contractor whose duty it is to maintain them in good repair. (Ord. 1433 § 2, 2007; Ord. 1197 § 2, 1998; Ord. 1007 § 2(G), 1992).
6.08.060 Extra containers – Purchase of tags.
Repealed by Ord. 1197. (Ord. 1007 § 2(H), 1992).
6.08.070 Collection – Placement of containers.
It shall be the duty of each customer to place garbage, recycling and yard waste toters, or other approved waste containers, in an accessible place abutting the subject property by 6:00 a.m., or as otherwise required by the contractor, on the day of collection. The containers shall be situated at the curb if such exists or at the edge of the public right-of-way, or as otherwise required by the contractor for service, unless the customer subscribes for walk-in or drive-in collection as otherwise prescribed under this chapter. In all cases, garbage, recyclables and yard waste must be located in approved containers. (Ord. 1433 § 3, 2007; Ord. 1007 § 2(F), 1992).
6.08.080 Collection – Tagging of materials not picked up.
Any toter, can, receptacle or container not picked up because of excessive weight, unapproved contents or other just cause shall be tagged by the collector. The tag shall state the reason(s) the materials were not collected and the phone number of the collector. (Ord. 1433 § 4, 2007; Ord. 1007 § 2(I), 1992).
6.08.090 Multifamily units – Special requirements.
All multifamily structures of five or more units shall be required to dispose of their garbage in detachable containers. Multifamily structures of five or more units are not authorized to use garbage toters except when authorized by the city manager after determining a proper location for container service is not available at the site. Multifamily complexes of five or more units using container service shall be charged a separate charge for universal recycling services. Multifamily structures or complexes of four or fewer units may use either garbage toters or detachable containers, and shall be charged as provided in FMC 6.08.130. (Ord. 1433 § 5, 2007; Ord. 1197 § 3, 1998; Ord. 1007 § 3, 1992).
6.08.100 Contract with collector.
(a) No person shall engage in the business of collection, handling or transportation of solid waste from another party or any part thereof for compensation without first contracting with the city, and obtaining such licenses, permits or franchises which may be required by the state or the city.
(b) The city manager or his/her designee shall be authorized from time to time by the city council to execute in the name of the city a contract(s) for the collection, handling and transportation of garbage, recyclables, and yard waste within the city.
(c) Contracts shall also contain suitable provisions prohibiting assignment thereof by the contractors and permitting forfeiture for nonperformance of contract terms. A contractor shall be required to furnish a clean, irrevocable letter of credit in such manner and amount as the council may require, conditioned upon faithful performance of the contract and compliance with all pertinent laws, ordinances and regulations. A contractor shall also secure and maintain liability insurance throughout the duration of a contract as agreed to in the contract. (Ord. 1358 § 2, 2004; Ord. 1197 § 4, 1998; Ord. 1007 § 4, 1992).
6.08.110 Solid waste charge mandatory and exception to the requirement.
(a) Solid waste collection service is declared to be mandatory for every single-family residence, multiple-family unit complex and business within the city limits of Fircrest. Such properties shall be billed by the contractor and the owner of the property shall be required to pay a monthly fee in accordance with the schedule of payments set forth in FMC 6.08.130.
(b) Where no solid waste pickup is required or rendered as approved by the city manager in subsection (c) of this section, the customer will not be charged. Regardless of the type of garbage toter service chosen, recycling is included at no additional charge; and up to three yard waste toters shall also be provided at no additional charge; however, each yard waste toter in excess of the first three shall be charged as shown in FMC 6.08.130. A recycling charge is added for those using container service.
(c) The city manager, in his/her discretion, and upon a showing of exceptional circumstances regarding the vacancy or absence of a business or resident for a minimum of 30 days and not more than four months, may allow for an exception to the mandatory service requirement upon written application of any business or resident. The customer stop and restart service fee shall be pursuant to FMC 6.08.130 as amended and shall be charged and paid prior to the interruption of service. The resident or business owner must state the dates of vacancy and return date which shall be the date service is reinstated. Such exemption shall be limited to four months per calendar year. Such exemption shall not be available to any property owner whose account at the time of the request has an amount owing that is 30 or more days past the due date. (Ord. 1525 § 1, 2012; Ord. 1433 § 6, 2007; Ord. 1220 § 2, 1999; Ord. 1007 § 6, 1992).
6.08.120 Authority to adopt rate schedules.
The city council shall adopt by ordinance rate schedules and charges for solid waste handling provided in this chapter sufficient to cover all costs associated with solid waste collection and removal. (Ord. 1007 § 5, 1992).
6.08.130 Schedule of rates and charges.
Charges shall be made in accordance with the following schedule, which is adopted as the schedule of rates and charges for solid waste collection, as billed on a monthly basis for weekly or, as otherwise specified, pickup. Rates are shown below both with and without taxes. Taxes shall be listed separately on billing statement and shall be applied to all rates. It shall be understood that the rates without taxes shall be shown on billing statement and that some rounding may occur when taxes are added.
|
Type of Service |
Pickup Frequency |
Monthly Rate Without Taxes |
|---|---|---|
|
Garbage toter rates below include up to: 3 yard waste and 1 recycling toters. |
|
|
|
12 gal. garbage toter, curb |
weekly |
$21.79 |
|
24 gal. garbage toter, curb |
every other week |
$20.23 |
|
24 gal. garbage toter, curb |
weekly |
$31.73 |
|
48 gal. garbage toter, curb |
every other week |
$29.06 |
|
48 gal. garbage toter, curb |
weekly |
$43.84 |
|
64 gal. garbage toter, curb |
every other week |
$36.37 |
|
64 gal. garbage toter, curb |
weekly |
$51.46 |
|
96 gal. garbage toter, curb |
weekly |
$67.12 |
|
|
||
|
Recycling toter, per unit, off curb |
$18.22 |
|
|
|
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|
|
Off-curb garbage charge (add to toter rate above) per toter |
|
|
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Up to 50' off-curb |
|
$10.41 |
|
Up to 100' off-curb |
|
$14.82 |
|
Over 100' off-curb |
|
$20.76 |
|
32 gal. occasional extra garbage tags: |
|
$9.46 |
|
Yard waste toter, 64 or 96 gal., per unit: |
|
$5.62 |
|
Late payment fee minimum: |
|
$5.70 |
|
Customer stop and restart fee: |
|
$16.93 |
|
Toter redelivery fee: |
|
$16.93 |
|
Return trip charge: |
|
$16.93 |
|
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Special pickups (requiring a special trip), per pickup (applies only to every-other-week customers) |
|
|
|
12 gal. garbage toter |
|
$19.21 |
|
24 gal. garbage toter |
|
$21.25 |
|
48 gal. garbage toter |
|
$25.23 |
|
64 gal. garbage toter |
|
$31.74 |
|
96 gal. garbage toter |
|
$41.47 |
|
64 and 96 gal. yard waste toter |
|
$20.29 |
|
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Extra on-route, off-week pickups (not requiring a special trip), per pickup (applies only to every-other-week customers) |
|
|
|
24 gal. garbage toter |
|
$5.98 |
|
48 gal. garbage toter |
|
$11.26 |
|
64 gal. garbage toter |
|
$15.00 |
|
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|
Commercial containers (noncompacted) |
|
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Monthly charges for regularly weekly service – Multiply rate times number of pickups per week (limited to 5 pickups per week) |
|
|
|
1 cubic yard |
Weekly |
$126.56 |
|
1.5 cubic yard |
Weekly |
$169.05 |
|
2 cubic yard |
Weekly |
$209.57 |
|
3 cubic yard |
Weekly |
$317.33 |
|
4 cubic yard |
Weekly |
$390.51 |
|
6 cubic yard |
Weekly |
$591.29 |
|
|
|
|
|
Special, occasional and return trip pickups, per pickup |
|
|
|
1 cubic yard |
|
$38.38 |
|
1.5 cubic yard |
|
$48.92 |
|
2 cubic yard |
|
$59.72 |
|
3 cubic yard |
|
$81.63 |
|
4 cubic yard |
|
$102.91 |
|
6 cubic yard |
|
$145.03 |
|
|
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|
|
Multifamily recycling charge, per unit: (charged on all multifamily units) |
$7.52 |
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Special collection services |
|
|
|
Truck and driver – per hour |
|
$133.70 |
|
Each additional man |
|
$57.51 |
(Ord. 1718 § 1, 2024; Ord. 1703 § 1, 2023; Ord. 1682 § 1, 2022; Ord. 1670 § 1, 2021; Ord. 1653 § 1, 2020; Ord. 1634 § 1, 2019; Ord. 1613 § 1, 2018; Ord. 1595 § 1, 2017; Ord. 1557 § 1, 2015; Ord. 1546 § 1, 2014; Ord. 1532 § 1, 2013; Ord. 1523 § 1, 2012; Ord. 1505 § 1, 2011; Ord. 1492 § 1, 2010; Ord. 1471 § 1, 2009; Ord. 1449 § 1, 2008; Ord. 1433 § 7, 2007; Ord. 1407 § 1, 2006; Ord. 1367 § 1, 2005; Ord. 1346 § 1, 2004; Ord. 1341 § 1, 2004; Ord. 1323 § 1, 2003; Ord. 1308 § 1, 2002; Ord. 1303 § 1, 2002; Ord. 1257 § 1, 2000; Ord. 1249 § 1, 2000; Ord. 1220 § 1, 1999; Ord. 1214 § 1, 1998; Ord. 1197 § 6, 1998; Ord. 1130 § 1, 1996; Ord. 1110 § 1, 1995; Ord. 1093 § 1, 1995; Ord. 1087 § 1, 1994; Ord. 1052 § 1, 1993; Ord. 1007 § 7, 1992).
6.08.140 Special events.
(a) Spring and Fall Cleanups. The contractor shall provide dropoff facilities at their location to provide the single-family and multifamily residents (no commercial customers or commercial vehicles allowed) of the city the ability to bring any junk, debris, trash, furniture, appliances, etc., with the exception of any hazardous or putrescible waste. The waste must originate from their personal residence within the city. Customers shall make every attempt to have all recyclables and yard waste separate from other items. Customers must be prepared to show some kind of photo identification to show proof of residency in Fircrest. This will occur on Saturdays within the hours of 8:00 a.m. to 4:00 p.m. This shall be done on a weekend in April and October of each year. Notification of the dates and times of the cleanup will be mailed and/or published on social media or online for the customers no later than 14 days in advance of the dates of the cleanup. Vehicles shall not exceed the size of a standard pickup truck and materials shall not exceed the height of the cab.
(b) Bulky Waste Collection. The contractor shall provide to single-family residents the opportunity to request up to two times per calendar year curbside pickup of certain bulky items. Requests will be scheduled on a first come, first served basis. There shall be 12 pickups scheduled per week. If more requests than 12 are made, the number in excess of 12 will be scheduled for the following week. The customer must place the item(s) at the curb in such a way as to allow the collection vehicle to have immediate access to the item(s) for pickup. The bulky waste collection shall be offered at no additional cost.
(1) Bulky waste item criteria and specifications:
(A) Five-item limit per pickup.
(B) No single item may weigh more than 300 pounds.
(C) No item may be larger than four feet by eight feet by three feet.
(D) All items for pickup must be empty.
(E) No item shall contain liquids, putrescible material or hazardous materials, such as: gasoline, oil, asbestos, chemicals, etc.
(F) Items must be from personal residence only; business or commercial items not accepted;
(2) Eligible bulky waste includes the following:
(A) Appliances – clothes washers and dryers, cooking stoves and ranges, microwave ovens, water heaters, refrigerators, freezers, and air conditioners.
All appliances must be empty. Doors are not to be removed; however, freezers and refrigerators must be securely closed and well duct-taped shut.
(B) Carpet/carpet padding – carpet must be in rolls no longer than six feet in length and no wider than one foot in diameter. Carpet padding must be rolled separately. Each roll must be tied or taped at each end. All carpet and padding must be kept dry for pickup.
(C) Furniture – beds, mattresses, box springs, dressers, tables, chairs, couch, trunks, etc.
(D) Exercise equipment – treadmills, bicycles, exercise bike, weight bench, etc.
(E) Yard equipment – mowers, edgers, trimmers (must be emptied of oil and fuel prior to pickup), lawn furniture.
(3) Items Not Eligible: Electronics, home improvement items, riding mowers, automotive parts, water sport or power sport vehicles, trailers, etc. (Ord. 1671 § 1, 2021; Ord. 1579 § 1, 2016; Ord. 1524 § 1, 2012; Ord. 1433 § 8, 2007; Ord. 1197 § 5, 1998; Ord. 1007 § 8, 1992).
6.08.150 Contract collection.
For any requests for garbage, recyclables or yard waste collection other than as provided herein, or under existing regulations governing the collection, removal or disposal of the same, shall be as provided in any current city contract for solid waste handling. (Ord. 1007 § 9, 1992).
6.08.155 Disabled service.
The contractor shall provide carry-out service to all customers who provide written documentation of their physical inability to deposit the solid waste/garbage, recyclables and yard waste at the curbside and the absence of any other able-bodied household resident. The contractor shall provide such carry-out service at the curbside rate. (Ord. 1197 § 7, 1998).
6.08.160 Unpaid charges constitute a lien.
Repealed by Ord. 1197. (Ord. 1007 § 10, 1992).
6.08.170 Violation – Penalty.
Any person or business violating the terms of FMC 6.08.020 shall be guilty of a misdemeanor and subject to a fine not to exceed $1,000. (Ord. 1007 § 11, 1992).
6.08.180 Severability.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this chapter. (Ord. 1007 § 12, 1992).