(a) "Solid Waste"; means "Municipal Solid Waste" and is a term of art in the business: garbage, rubbish discarded residential household goods, and special and extra hauls as defined below in subsections (a)(1), (2), (3) and (4).
(1) "Garbage"; means all wastes of offal of fish, fowl, fruit or vegetable or animal matter resulting from the preparation of food for human consumption in residential homes, commercial restaurants and other food service operations.
(2) "Rubbish"; means baskets, wood, rags, old clothing, leather, crockery, ashes, and other similar items, but does not include discarded household goods or construction/demolition debris such as refuse from repairs, alteration or new construction of curbs, sidewalks, buildings, or yard wastes such as branches, brush, leaves and grass clippings.
(3) “Discarded Household Goods"; means all discarded furniture, springs/ mattresses/ stoves, heaters, water heaters, washers, dryers, and any other appliance that does not include a refrigeration unit/ small scrap wood (exceeding thirty-six inches in length), toys/ porcelain, carpeting (tied and bundled in less than a three cubic feet per bundle), leather/ rubber items, and any other product which cannot be contained in a standard toter or container.
(4) “Special/Extra Hauls"; means the Collector has been requested by the City to provide service for a Customer which is beyond the basic scope of this agreement, including returning to an address to collect waste which was not placed at the curb correctly or by the appointed time.
(b) “Board of Health"; means the Board of Health of Logan County/ Ohio.
(c) “City"; means the City of Bellefontaine, wholly contained within the Logan County Solid Waste District.
(d) “Co-Location"; means the Collector collects waste for disposal along a route which includes customers who are not Bellefontaine customers. This would include private subscribers and/or other governmental routes in close proximity with Bellefontaine, and would be collected more efficiently in the same routing. Compensation to the City for disposal of the non-Bellefontaine customers would be based on customer base or bag sales, whichever best applies.
(e) “Collector”; means the person, firm or corporation awarded a contract for the collection of solid waste and/or recyclables within the corporate limits of the City of Bellefontaine, Ohio.
(f) “Compensation”; means funds the City of Bellefontaine will pay to the Collector or Collectors monthly in an amount equal to the unit price bid as shown on the Proposal Form multiplied by the number of residential customers with regular collection services for solid waste and/or recycling, plus documented, out-of-season toter removals and replacement, and reimbursable toter repairs and/or replacements. Any penalties for non-compliance of the Collector will be credited toward payment of each monthly invoice. In the case where the penalties are more than the invoice, the remainder will be applied to payment of the invoice in the next billing period.
(g) “Container"; means a regulation plastic bag in either of two sizes with capacity of not more than thirty-two gallons or a capacity of not less than fifteen gallons and a thickness of not less than 1.5 mils or a portable container constructed of plastic/galvanized metal or aluminum, not less than ten gallons nor more than ninety gallons. In no case shall the container and its contents exceed a weight of fifty pounds. Each container shall be provided on the outside with two handles by which it may be lifted to be emptied and shall be of watertight construction with a watertight lid or cover that shall be equipped with a handle and shall be in place on the container except when necessarily removed in the use of the container. Said regulation plastic bag shall be further identified and known as a "Pay as You Throw" bag.
“Container”; includes:
(1) Subscription toters available in a 90-95 gallon (high volume) size. Every toter will be fitted with a hinged lid. The containers provided by the Collector shall be selected to remain attractive and durable throughout the subscription term with reasonable consideration for normal wear and tear; and
(2) Prepaid (Bellefontaine “Pay-As-You-Throw”) plastic bags in either of two sizes with capacity of not more than thirty-two gallons; or a capacity of not more than fifteen gallons; and
(3) Any other program allowable customer container(s) with the City-issued sticker(s), authorizing use and denoting payment for the container(s) to be collected.
In no case shall the container and its contents exceed a weight of fifty pounds. Each container shall be provided on the outside with two handles by which it may be lifted to be emptied and shall be of watertight construction with a watertight lid or cover that shall be equipped with a handle and shall be in place on the container except when necessarily removed in the use of the container. Said regulations plastic bag shall be further identified and known as a “Pay as You Throw” bag.
(h) "Customer"; means the person, firm, firm or organization receiving service as further defined below.
(1) "Residential Customer"; means a householder, owner, and/or occupants of either a single-family dwelling unit or a double-family residence or triplex-family residence who receives solid waste recycling collection service.
(2) "Commercial Customer"; means any person, firm, organization, or corporation that owns or operates any store, restaurant, industry, institution, office, multi-family dwelling unit, including all responsible persons of the premises where solid waste is created and receives solid waste collection service. The definition of Commercial Customer may change from time to time at the City’s sole discretion. Reasonable notice will be provided to the Collector. Commercial Recycling in not part of the Commercial Franchise.
(i) "Franchise Fee"; means an assigned percentage of the subscribed rate designated by the City of Bellefontaine charged to all Commercial Customers billed by the Collector to the customer for receiving service within the City of Bellefontaine.
(j) "Handpick Customers"; means those customers who, due to restrictions of the collection site availability where the pickup is provided, cannot be serviced under the Commercial program as provided by the Collector.
(k) "Infirm, Temporary or Permanently Disabled Customers"; means a customer who is eligible for enhanced service as a result of being unable to lift twenty (20) pounds, and living alone or with other disabled people. Generally speaking, a disabled customer is confined to a wheelchair or is otherwise sufficiently immobilized to be unable to place a recycling bin or container at the curb without assistance.
(l) "Landfill"; means Cherokee Run Landfill, Bellefontaine, Ohio.
(m) "MFDU"; means a Multi-Family Dwelling Unit, the grouping together of four or more residential units under a common roof or sharing a common property and shall constitute a commercial customer when all units within the commercial property are invoiced and services are charged to the property holder. The exception to private arrangements for commercial solid waste services, the City may, at its sole discretion, arrange, invoice and pay for the appropriate level of services for MFDUs.
(n) "MRF"; means Logan County Material Recovery Facility, Bellefontaine, Ohio.
(o) "Recycling Bin"; means the issued regulation container(s) provided to the service address for recycling services. The recycling bin(s) shall only be used for these purposes. There is a maximum of two recycling bins provided for each service address. Additional recycling may be placed in an appropriately stickered plastic container or can be taken directly to the Logan County Material Recovery Facility, "MRF" drop-off site. The recycling bin(s) are considered the property of the City of Bellefontaine and are to remain with the service address. Removal of the recycling bins from the service address is a violation of City Ordinance and subject to punishment under City Ordinance and Law including restitution of the cost of the bin(s).
(p) "Recycling Services"; means collecting weekly from each residential customer recyclable items separated by the customers and placed in recycling bins provided by the City. Recyclable items include glass food and beverage containers, #1 and #2 plastic containers, Cardboard cut to fit in the recycling bin, newspapers, magazines, junk mail, craft paper, office paper, aluminum beverage containers, aluminum sheet, bi-metal cans, household batteries isolated and contained in a clear plastic bag, and other items that from time to time shall be recyclable from households and acceptable at receiving recycling centers. The Collector will not be required to pickup recycling containers when contaminants are obvious, found and present.
(q) "SFDU"; means a Single Family Dwelling Unit, including duplexes and triplexes, except when the dwellings conform to the definition of "Multi Family Dwelling Unit".
(r) "Seasonal Suspension"; means a residential customer who vacates their property entirely for a minimum of one full calendar month. The residential customer will be responsible for the safe-keeping and non-use of their container while the property is vacant. Vacancy will be confirmed by verifying that water consumption at the property address is less than three hundred (300) gallons monthly during the suspension period and or by an inspection performed by a representative of the City on a collection day for the service address of the property. The customer is responsible to notify the Utility Office when they have returned to the property to resume service collection. Violations will result in penalties for the time the property was reported to be vacant and for the replacement cost of any container if reported lost or missing. Charges are not pro-rated during a month, and occupancy for any part of a month constitutes occupancy for the entire month for billing purposes.
(s) "Utility Office"; means the City of Bellefontaine Department of Public Utilities Office.
(Ord. 21-29. Passed 6-8-21.)