Section
1090.01 Definitions
1090.02 Franchise for collection contractor
1090.03 Insurance required for collection contractor
1090.04 Equipment specifications and identity of collection contractor
1090.05 Performance bond required for collection contractor
1090.06 Container regulations
1090.07 Service and weekly collection mandatory
1090.08 Billing and collection
1090.09 Noncompliance, remedies, and costs
1090.10 Municipal landfill
1090.11 Regulations for multiple dwellings and commercial establishments
1090.12 Storage of residential solid waste and recyclable materials collection containers
1090.99 Penalty
Editor’s note:
Resolution 144-92, passed September 21, 1992, approved the Lorain County Solid Waste Management District Final Plan. Resolution 210-98, passed December 7, 1998, approved the Lorain County Solid Waste Management District Draft Plan Update. Resolution 23-159, passed October 23, 2023, approved the Lorain County Solid Waste Management Plan.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COLLECTION CONTRACTOR. An individual or entity selected by the city for the collection, transportation and disposal of solid waste, recyclable materials and yard waste generated at residential units, municipal facilities and during special events within the city.
RECYCLABLE MATERIALS. Solid waste that is, or may be, collected, sorted, cleansed, treated or reconstituted for return to commerce. RECYCLABLE MATERIALS include, but are not limited to: corrugated cardboard, office paper, newspaper, fiber materials, glass containers, steel containers, aluminum containers (food and beverage containers only), plastic containers (including plastics 1-7).
RESIDENT. An adult occupant, owner or tenant of a residential unit.
RESIDENTIAL UNIT. All occupied residential dwellings within the corporate limits of the city, including residences of three units or less, single-family homes, condominiums or town homes.
SOLID WASTE. Such unwanted residual solid or semisolid material as results from industrial, commercial, agricultural and community operations, excluding earth or material from construction, mining or demolition operations, or other waste materials of the type that would normally be included in demolition debris, non-toxic fly ash, spent nontoxic foundry sand, and slag and other substances that are not harmful or inimical to public health, and includes, but is not limited to, garbage, tires, combustible and non-combustible material, street dirt, and debris. SOLID WASTE does not include any material that is an infectious waste or a hazardous waste.
YARD WASTE. Solid waste consisting of all garden residues, leaves, grass clippings, shrubbery and tree trimmings less than one-quarter inch in diameter and similar material which has been separated at the point of generation or the point of collection from other solid waste in a separated container dedicated to yard waste collection. YARD WASTE mixed with other solid waste is solid waste.
(Ord. 25-2014, passed 2-24-2014)
(a) In accordance with Chapter XI, Section 61 of the Charter, the city shall authorize the issuance of a franchise by contract to a person, firm or corporation designated as the collection contractor after advertising and receiving bids as required by law, for the collection, transportation and disposal of solid waste, recyclable materials and yard waste generated at residential units, municipal facilities and during special events within the city for a period not to exceed five years, subject to the provisions of this chapter.
(b) The franchise shall entitle the holder thereof to be the only collector of solid waste, recyclable materials and yard waste for hire from residential units in the city, unless the collection of solid waste, recyclable materials and yard waste is incidental to the primary service for hire, such as lawn care or remodeling services.
(c) A franchise may be terminated by the city if any franchisee fails to comply with the provisions of this chapter, the contract issuing the franchise, or any other ordinance promulgated by Council.
(Ord. 25-2014, passed 2-24-2014)
The collection contractor shall secure, pay for and maintain until completion of the contract, public liability, general liability, auto liability and property damage insurance as shall protect the collection contractor and the city, as additional insured, from claims for personal injury or property damage which may arise because of the nature of the work or from operations under the contract in accordance with the terms and conditions as provided in the contract.
(Ord. 25-2014, passed 2-24-2014)
The collection contractor shall use covered, leak proof and sanitary collection vehicles with distinctive lettering identifying the collection contractor for the performance of the services to be rendered. The collection contractor shall cause all employees to be equipped with a uniform shirt or jacket identifying employees as employed by the collection contractor. All collection vehicles and other equipment shall have any required permits or registrations and are subject to inspection by the Public Works Director or the Director’s authorized representative to ensure the safe and sanitary condition of such vehicles and equipment.
(Ord. 25-2014, passed 2-24-2014; Ord. 43-2014, passed 4-14-2014)
The collection contractor shall furnish, at least once annually, a performance bond in the amount of 100% of the consideration for performance of one year of the collection, transportation and disposal services, which shall be forfeited to the city for failure to comply with the provisions of this chapter and/or collection agreement. Such bond shall be submitted to the Public Works Director and approved by the Law Director.
(Ord. 25-2014, passed 2-24-2014; Ord. 43-2014, passed 4-14-2014)
(a) Each residential unit shall be provided with a solid waste collection container and a recyclable materials collection container by the collection contractor. Residents may provide their own clearly labeled reusable yard waste collection containers, or use biodegradable yard waste bags for yard waste collection, which shall not exceed 50 pounds. Brush and tree limbs may also be tied in four-foot bundles that do not exceed 50 pounds in weight.
(b) All such containers shall be taken to a single curbside location no earlier than 5:00 p.m. the day before collection, unless because of sanitary, safety or other factors, the Public Works Director by rule or regulation designates that such containers shall be placed at the rear, or elsewhere at a particular residential unit. After collection of solid waste, recyclable materials and yard waste, a resident shall, within 24 hours, return such containers to the garage, rear or other inconspicuous location at the residential unit for storage.
(c) All solid waste and recyclable materials must be completely contained in the collection contractor-provided collection containers (unless a resident has subscribed to unlimited solid waste collection services), except that no less than once per month, bulky items, including but not limited to stoves, water tanks, washing machines, furniture, mattresses, televisions, and non-chlorofluorocarbon gas (CFC or Freon) containing appliances may be placed at the curb for collection. CFC-containing appliances placed for collection must include proper certification of CFC removal attached by a resident.
(d) The above provisions do not apply to the placement of leaves or branches within the public right- of-way for scheduled municipal collection.
(Ord. 25-2014, passed 2-24-2014; Ord. 43-2014, passed 4-14-2014)
Loading...