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Pursuant to Idaho Code section 50-344 cities shall have the power to maintain and operate solid waste collection systems. The purpose and intent of this chapter is to:
A. Provide for the protection of air, soil, stormwater, groundwater and surface water from pollutants by establishing a system for the storage, handling, collection and processing of solid waste with uniform requirements for direct and indirect contributors.
B. Promote the health, safety and general welfare of the citizens of the City and enhance and preserve the quality and value of the resources of the City by the proper management of solid waste.
C. Encourage and improve the opportunity for reuse, composting and recycling, to reduce the quantity of wastes disposed of by the City's residential and commercial customers.
(Ord. 21-17, 5-23-2017; amd. Ord. 10-21, 4-13-2021; Ord. 50-22, 11-1-2022)
This chapter shall apply to all persons and entities within the corporate limits of the City, including those receiving solid waste services, eligible to receive solid waste services and conducting the collection of solid waste. (Ord. 21-17, 5-23-2017; amd. Ord. 10-21, 4-13-2021)
The terms as used in this chapter shall have the following meanings:
APPLIANCES: | Household electronic or mechanical equipment including, but not limited to, refrigerators, freezers, ovens/stoves, water heaters, swamp coolers, air conditioners, dishwashers, washing machines and dryers. |
ASBESTOS: | The asbestiform varieties of actinolite, amosite, anthophyllite, chrysotile, crocidolite, and tremolite or any mixture of two (2) or more of such minerals that have been chemically treated or altered to produce materials used in items such as pipe insulation, floor tiles, and motor vehicle brakes and clutches. Asbestos is regulated by OSHA and the EPA and must be managed and disposed in accordance with federal, state and local regulations. |
BULKY WASTE: | A large item of a size or weight that cannot be placed into a franchise hauler-provided wheeled cart or dumpster (e.g., appliances and furniture), but does not include large quantities of smaller trash, compostable materials, recyclable materials, or hazardous waste. |
CARRY OUT SERVICE: | Hand-collection of solid waste achieved by either entering upon a customer's property to convey the materials to the collection vehicle or retrieving materials from the curb for service locations that do not meet residential location requirements. |
CITY: | The City of Boise City, Idaho. |
COMMERCIAL ORGANIC WASTE: | Organic materials that have been separated from trash or recyclable materials by the commercial service customer prior to collection. Examples include but are not limited to food waste, green waste, landscape and pruning waste, clean and nonhazardous wood waste, food-soiled paper waste, and certified compostable food and beverage containers or bags. Commercial organic waste may not contain trash or recyclable materials except in de minimis amounts. |
COMMERCIAL ORGANIC WASTE SERVICE PROVIDER: | Any person who collects and hauls commercial organic waste within the City using solid waste containers and is required to register as a commercial organic waste service provider. |
COMMERCIAL PROPERTY: | A physical location used for government, industrial, or business purposes, regardless of whether for profit, including but not limited to businesses, offices, stores, restaurants, manufacturing facilities, schools, hotels/motels, construction sites, businesses and multi-family residential properties with four (4) or more dwelling units. |
COMMERCIAL SERVICE: | Centralized solid waste services for businesses and certain multi-family residential properties, as defined herein, using carts, dumpsters, roll-off or compactor containers, where the customer selects the number, size and frequency of collection services. |
COMPACTOR: | Solid waste container designed to mechanically compress materials to reduce their volume. |
COMPOSTABLE MATERIALS: | Materials accepted in the city's residential compost program and collected by the franchise hauler. Compostable materials include but are not limited to, yard wastes, garden wastes, untreated and unpainted wood wastes, fruits and vegetables, eggshells, coffee grounds and filters, tea bags and paper bags. |
COMPOSTING: | The conversion of compostable materials to decayed organic matter which can be used as a soil amendment. |
CONSTRUCTION AND DEMOLITION WASTE: | Trash resulting from construction, remodeling, repair or demolition work, including but not limited to, concrete, drywall, lumber, bricks, and piping. |
CUSTOMER: | An occupant or owner of any premises, including residential, business, industry or other establishment in the City for which solid waste service is, or has been, provided. |
DUMPSTER: | A specially designed solid waste container, three (3) to eight (8) cubic yards in size, that is delivered to a location, emptied by the hauler and can be removed from the location when no longer used. |
FRANCHISE HAULER: | Any person authorized by the City to collect and haul any solid waste, who has executed a franchise agreement with the City. |
GLASS COLLECTION: | The collection of bottles and jars less than two (2) gallons in size. Materials not considered glass for purposes of glass collection include the following: mirrors, plate or window glass, light bulbs and tubes, Pyrex, ceramics, porcelain, corks, bottle caps and lids. |
HARDSHIP DISCOUNT: | A reduction in the amount charged to low-income households for residential solid waste services based upon the City's current annual, gross family income guidelines. |
HAZARDOUS WASTE: | Any chemical, compound, mixture, substance or article designated by the EPA or other federal or state agency to be a hazardous waste as those terms are defined by federal, state or local law. De minimis amounts of household hazardous wastes are by definition excluded from regulation under 40 CFR section 261.4(b)(I) and do not constitute hazardous waste. |
LIQUID: | A fluid, such as water, oil or alcohol, which is not solid matter and can leak or flow. |
LITTER: | Solid waste scattered about the ground surface. |
MEDICAL WASTE: | Human or animal waste consisting of one or more of the following: tissue, cultures and stocks, body fluids (except urine), blood or blood products, materials contaminated with blood or blood products, used surgical wastes, used or unused sharp instruments, including, but not limited to, hypodermic needles, suture needles, syringes and scalpel blades. |
MULTI-FAMILY RESIDENTIAL PROPERTY: | Residential properties with more than one residential dwelling unit, located on one or more parcels of land. These may include, but are not limited to, multiple dwellings, apartments, townhomes, condominiums and manufactured home parks. Multi-family properties do not include short-term residential properties, such as hotels, motels, hospitals, nursing homes or institutional housing facilities. |
OVERFLOW STICKERS: | Stickers that can be placed on a personal twenty (20) to thirty two (32) gallon-sized trash container for the purpose of solid waste collection of extra trash. |
OVERLOADING: | Exceeding the designated weight capacity, of a solid waste container, allowing objects to protrude outside of the solid waste container, or stacking objects against containers used for solid waste collection. |
OWNER: | Every person, including lessees and occupants, in possession, charge, custody or control of any residential or commercial property within the City, where solid waste is created or accumulated. |
PERMITTED HAULER: | Any person authorized by the City to collect and haul solid waste, who has applied for and been granted a permit with the City. |
PERSON: | Any individual, partnership, association, firm, corporation, public agency or any other legal entity. |
PREMIUM CARRY OUT SERVICE: | Additional services above and beyond standard carry-out service, provided for an extra service charge, that include but are not limited to, retrieving solid waste from a site's curb that is inaccessible to standard collection vehicles using special collection equipment to access a site, accessing a site behind driveway gates, accessing a site on unpaved or poorly maintained drives or driveways, or collecting from a site that is between one hundred feet (100') and one hundred and fifty feet (150') from a public road. |
PUTRESCIBLE WASTE: | Wastes that can leak, decay, or produce a strong odor. |
RECYCLABLE MATERIALS: | Any material that has or retains useful physical or chemical properties after serving its original purpose or function, that is separated from solid waste for use as raw materials in new, used, or reconstituted products. Typically such materials consist of specific types of paper products, and metal, plastic, or glass containers. |
RECYCLING: | The series of activities by which materials that are no longer useful to the generator are collected, sorted, processed, and converted into raw materials and used in the production of new products. This definition excludes the use of these materials as a fuel substitute or for energy production. |
RESIDENTIAL DWELLING UNIT: | A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. |
RESIDENTIAL SERVICE: | Service for individual residential dwelling units using solid waste containers provided by the City's franchise hauler. |
ROLL-OFF: | Solid waste containers that require a dedicated truck to remove the container from the service location for disposal of materials, typically sized ten (10) to forty (40) cubic yards. These containers are generally used at industrial locations or for construction and demolition waste. |
SHARPS DISPOSAL CONTAINER: | Commercially available container designed specifically to safely contain used needles and syringes for disposal. |
SINGLE-FAMILY RESIDENTIAL PROPERTY: | A single parcel of land with one residential dwelling unit. |
SOLID WASTE: | All putrescible and non-putrescible solid and semisolid materials placed or intended for disposal, including, but not limited to, trash, industrial wastes, organic and compostable materials, reusable or recyclable materials, bulky waste items, appliances, and other discarded wastes. |
SOLID WASTE CONTAINER: | Any container not attached to a vehicle or wheeled trailer that is used to hold solid waste and is serviced by a vehicle specifically designed to collect solid waste. |
TIRES: | Any motor vehicle tire, new or used. |
TRASH: | All discarded materials that are not set aside for recycling, composting, or other reuse, excluding prohibited wastes. |
VACANT LAND: | A lot or parcel of land that is without any building, structure or improvement. Vacant land does not include recreation, green or open space. |
VACANT PROPERTY: | Unoccupied land upon which one (1) or more structures exist, but any such building is no longer used for any commercial or residential purposes. |
VECTOR: | An organism that can transmit disease. |
WHEELED CART: | Solid waste container provided by the City's franchise hauler. |
YARD WASTE: | Plant material, such as leaves, grass, branches, brush, flowers, tree wood waste, and plant debris generated in the course of maintaining yards and gardens. |
(Ord. 21-17, 5-23-2017; amd. Ord. 10-21, 4-13-2021; Ord. 50-22, 11-1-2022)
Residential service shall be used by all single-family residential properties and those multi-family residential properties covered under subsection 10-4-2-6C. Residential trash service, as provided through the City, is mandatory for all residential properties, except multi-family residential properties utilizing commercial service. Recycling and compost collection services provided through the City are optional. Solid waste from a commercial property cannot be disposed of through residential services. All residential properties shall be charged a fee for this service. Fees for residential service are based on the number of dwelling units, not the amount of solid waste placed for disposal, nor frequency of solid waste collection. Vacant land is exempt from mandatory services and fees.
(Ord. 21-17, 5-23-2017; amd. Ord. 10-21, 4-13-2021; Ord. 50-22, 11-1-2022)
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