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10-4-2-4: RESIDENTIAL RECYCLING SERVICE:
   A.   Voluntary Service: Residential recycling is a voluntary service available to all residential customers. Customers who choose to participate in the recycling program shall be provided with a blue wheeled recycling cart.
   B.   Accepted Materials: Recyclable materials, excluding glass, can be commingled into the blue recycling cart or commercial recycling container. A list of acceptable materials is available upon request to the Public Works Department. Those items defined as recyclable materials for collection may be modified as needed in the discretion of the Public Works Department..
   C.   Excluded Materials: All other materials are excluded from the commingled residential recycling cart or commercial recycling containers. Specific examples include plastic bags, film and wraps, glass, extruded polystyrene (often called Styrofoam), yard wastes, pesticide containers, metal pipes, hazardous wastes, ammunition, plastic containers larger than two (2) gallons, and all other trash. No plastic bags shall be used to contain recyclable materials. These items defined as excluded materials may be modified as needed.
   D.   Special Recyclable Material:
      1.   Used motor oil shall be placed in a leakproof, transparent or translucent, sturdy plastic container with a screw on lid, and placed near, but not in, the compost, recycling or trash carts. No other fluids may be included. Containers must be one-gallon size and there is a limit of two (2) gallons of used motor oil per week set out for collection. Containers will not be returned to the customer.
      2.   Corrugated cardboard must be flattened and cut to fit inside the wheeled recycling cart so that it can fall freely from the cart when emptied. The customer must contact the franchise hauler for special collection of large quantities or oversized cardboard.
      3.   Glass is prohibited in the blue commingled recycling carts. Glass shall be placed in designated glass collection carts as part of the subscription glass collection program, delivered to designated glass collection sites, or placed in regular trash carts. The glass collection program is limited to glass bottles and jars.
   E.   Contaminated Recycling: Containers used for recyclable materials or glass collection shall not contain trash or materials which are not allowed in the recycling or glass collection programs. Services may be terminated to any customer who violates this provision. Contaminated recycling or glass containers will be emptied as trash and the customer may be charged for extra trash collection services.
   F.   Extra Materials: Occasional extra recyclable materials that do not fit within the cart must be placed into a rigid container, such as a cardboard box or a twenty (20) to thirty-two (32) gallon customer-owned can labeled for recycling, from which the contents can be easily emptied into the wheeled recycling cart.
(Ord. 21-17, 5-23-2017; amd. Ord. 10-21, 4-13-2021; Ord. 50-22, 11-1-2022)
10-4-2-5: RESIDENTIAL COMPOST SERVICE:
   A.   Voluntary Service: Residential curbside composting is a voluntary service available to all residential properties. Residential customers who choose to participate in the composting program shall be provided with a gray wheeled cart with a green lid.
   B.   Accepted Materials: Only compostable materials are accepted in the composting program. The items listed as compostable materials for collection, as defined above, may be modified as needed.
   C.   Excluded Materials: All other materials are excluded from the compost program. Specific examples include meat eating animal wastes, meats, dairy products, oils/grease, breads, grains, pasta, fish, dirt and rocks and other recyclable and trash materials. Other wastes shall not be mixed with the compostable materials. No plastic bags shall be used to contain compostable materials. Materials labeled "compostable" or "bio-based," including, but not limited to, plastic-type bags, cutlery, and cups, are not accepted. Contaminated compostable materials will not be collected and will be emptied as trash and the customer may be charged for extra trash collection. The list of excluded materials may be modified as needed.
   D.   Branches And Christmas Trees: Branches and tree trimmings up to eight inches (8") in diameter may be set out for collection next to the compost cart. Branches and trimmings must be four feet (4') or less in length, less than sixty (60) pounds, and bundled with string. Christmas trees placed for composting shall be clear of all ornaments, lights, tinsel and tree stands and placed for collection in or next to the composting cart. Trees should be cut to four feet (4') or less. Fill the composting cart first and place the other section(s) of the tree next to the composting cart.
   E.   Leaf Collection: Leaves are collected as compostable materials. The composting cart should be filled first. Extra leaves must be placed next to the cart in paper leaf bags. Paper leaf bags will be collected all year long. The Public Works Department may set limits as needed on the number of leaf bags collected each week per household.
   F.   Contaminated Compostable Materials: Containers used for compostable materials shall not contain trash or materials which are not allowed in the compost collection program. The City or franchise hauler may terminate services to any customer who violates this provision. Contaminated composting containers will be emptied as trash and the customer may be charged for extra trash collection services.
   G.   Extra Materials: Extra compostable materials must be placed in paper leaf bags. Materials will not be accepted in plastic bags.
(Ord. 21-17, 5-23-2017; amd. Ord. 10-21, 4-13-2021; Ord. 50-22, 11-1-2022)
10-4-2-6: RESIDENTIAL SPECIAL SERVICES:
   A.   Carry Out And Premium Carry Out Service: The customer must execute an agreement specifying the terms and conditions of service before this service can be instituted. The solid waste containers must be placed in a visible and accessible location for collection. The franchise hauler will not enter enclosed structures. Customers pay an additional charge for carry out and premium carry out services. Maximum service distance, measured from the nearest public road, is one hundred feet (100') for carry out service and one hundred and fifty feet (150') for premium carry out service.
   B.   Disability Carry Out Service: For those residents who have qualified disabilities under the Americans with Disabilities Act, carry out service is available at the regular service fee. Disability service is provided upon completion of a written certification from a licensed physician that the resident's impairment qualifies as a disability and prevents them from utilizing curbside service and that no other person residing in the household is capable of moving the solid waste carts to the collection site.
   C.   Service For Multi-Family Residential Properties: Multiple-family residential properties with up to three (3) residential dwelling units shall use residential service. Multi-family residential properties of four (4) or more residential dwelling units shall use commercial service, unless approved for residential service by the Public Works Department.
   D.   Appliance Collection: Appliances shall be collected and hauled by the City's franchise hauler. Customers are responsible for contacting the franchise hauler to schedule the pick-up. The customer shall convey the appliances to the regular collection location. Appliances shall be clean of all waste, including all food products, in order for the franchise hauler to collect the appliance. An extra fee may be charged for freezers or refrigerators which are not empty of materials prior to collection and hauling. Freezer and refrigerator doors must be removed or secured prior to collection and hauling. Appliances shall be marked for disposal to allow easy identification for collection and hauling. Prohibited wastes listed in subsection 10-4-4-1B of this chapter shall not be collected.
   E.   Bulky Waste Collection: Bulky wastes shall be collected and hauled by the City's franchise hauler. Customers are responsible for contacting the franchise hauler to schedule the pick-up. The customer shall convey the waste to the regular collection location. The Public Works Department may set limits on the number of items that may be collected from a household.
   F.   Seasonal Or Special Collections: The City may establish special dates for the collection of trash in personal cans twenty (20) to thirty-two (32) gallons without extra fees or overflow stickers.
   G.   Temporary Dumpster Service: Temporary collection and hauling service at a residential property is available for a maximum of one hundred twenty (120) days per year to accommodate construction and demolition projects and other short-term waste generation projects. This service does not replace regular solid waste service for the property. Trash that is routinely generated at a residential property is not permitted in temporary commercial containers.
   H.   Curbside Glass Collection: Customers may subscribe to a curbside glass collection service and have their glass collected and hauled by the City's franchise hauler. Customers are responsible for subscribing to the voluntary service. Glass collection will use specially marked wheeled carts provided by the franchise hauler and will be collected at least one (1) time every four (4) weeks.
(Ord. 21-17, 5-23-2017; amd. Ord. 10-21, 4-13-2021; Ord. 50-22, 11-1-2022)
10-4-2-7: SERVICE ACCOUNTS FOR NONPROPERTY OWNERS; RESIDENTIAL AND COMMERCIAL PROPERTIES:
When solid waste service is requested by a person who is not the owner of the property at which the service will be provided, that person may be subject to a deposit requirement, and may, upon the finding of a poor credit or payment history, be refused service, unless and until an additional person agrees to accept responsibility for the account as a guarantor. The guarantor must be a person with a documented good credit history with the City or other public utility, and a current City sewer or solid waste service customer. The guarantor may be released from this obligation for the service account upon a showing that the customer has made consecutive on time payments for twelve (12) months. (Ord. 10-21, 4-13-2021)
10-4-3: COMMERCIAL TRASH AND RECYCLING SERVICE:
Commercial trash and recycling service shall include collection of trash and recyclable materials from commercial property.
(Ord. 21-17, 5-23-2017; amd. Ord. 10-21, 4-13-2021; Ord. 50-22, 11-1-2022)
10-4-3-1: COMMERCIAL TRASH AND RECYCLING SERVICE TYPES:
   A.   Regular Commercial Service: Scheduled collection of trash and recyclable materials shall be conducted pursuant to section 10-4-3-3 of this chapter.
   B.   On-Call Service: Collection of trash and recyclable materials where the customer must request each service event. Service is limited to roll-off containers, or smaller dumpsters for construction and demolition waste. Collection will occur within the next working day after a customer request for collection, excluding non-business days and holidays.
   C.   Temporary Service: Limited dumpster or roll-off container service to accommodate construction and demolition projects and other short-term waste generation projects.
   D.   Cart Service: Commercial solid waste service using wheeled carts. Commercial customers are limited to no more than six (6) wheeled carts per service site.
   E.   Large Item And Appliance Collection: Customers are responsible for contacting the franchise hauler to schedule the pick-up of bulky wastes, or appliances.
   F.   Self-Haul: The actual producers of the solid waste or the owners or occupants of the premises from which the solid waste was generated may collect, convey and dispose of solid waste, provided they remain in compliance with all applicable provisions of this chapter. The self-haul or storage of solid waste shall not be allowed to create a nuisance or litter.
   G.   Glass Collection: Glass will be collected in dedicated, specially marked wheeled carts or dumpsters. Glass collection will be provided at least one time every four (4) weeks for wheeled carts. Customers shall convey glass collection carts to the regular collection location on the designated collection day.
   H.   Multi-Family Residential Properties: Multi-family residential properties four (4) or more residential dwelling units shall use commercial service, unless approved for residential service by the Public Works Department, when it is in the best interest of the community due to access, density or location.
(Ord. 21-17, 5-23-2017; amd. Ord. 10-21, 4-13-2021; Ord. 50-22, 11-1-2022)
10-4-3-2: COMMERCIAL TRASH AND RECYCLING CONTAINERS:
   A.   Types: The commercial customer shall be provided one or more of the following containers: ninety-five (95) gallon wheeled carts, three (3) to eight (8) cubic yard dumpsters, or ten (10) to forty (40) cubic yard roll-off containers. Commercial customers also may utilize customer-owned compactor containers, no larger than forty (40) cubic yards in capacity. Compactor sizes and locations shall be approved by the City prior to installation to ensure safe collection and to meet billing requirements. Customers are responsible for ensuring the compactor specifications are compatible with the franchise hauler's collection equipment. The City and the franchise hauler are not responsible for costs incurred due to compactors that do not meet specifications.
   B.   Container Location And Access Requirements:
      1.   Each property shall provide adequate space, screened from public view, for trash and recycling containers. For separate properties that share a trash and recycling service location a binding legal agreement is required.
      2.   The container location shall have sufficient foundation to support the weight of a fully loaded container; and the access to the container location shall have sufficient foundation for the weight of the collection vehicle.
      3.   The City shall have final approval of container locations, space requirements and safety factors, including location of compactors to ensure proper height and truck access clearances.
      4.   Roll-off containers and dumpsters shall not be placed on a public street or be placed in a manner that may obstruct the public right-of-way or pedestrian traffic without prior approval from the Ada County Highway District.
      5.   Site plans shall be submitted to the City for the review and inspection for all new construction or remodeling where commercial trash and recycling service will be used. Site plan approval shall be based on compliance with the Public Works Department Solid Waste Design Standards (Solid Waste Policy 1). Service requirements shall be established by the department and updated as needed.
         a.   If the site is not developed as approved, the City may require site remediation or corrective action, including, but not limited to, acquisition of different collection containers, removal and reconstruction of enclosure or site access at the owner's expense.
         b.   Modifications to the enclosure or site must be submitted to the Public Works Department for approval prior to modification.
      6.   The City may designate collection locations, relocate collection sites or establish collection service hours to protect the public or franchise hauler's safety or health.
      7.   Customers with containers in locations that require special collection services, have access limitations, require designated hours of collection, or entry into rooms to remove and service containers, may be required to enter into a special service agreement and be assessed additional service fees.
   C.   Container Contents: Contents of trash and recycling containers must fall freely from the container when emptied, and the container lids must close completely and swing freely open when emptied. Wet and/or putrescible wastes must be bagged prior to placement in a waste container or compactor. Liquids shall not be placed in a container or compactor.
   D.   Sanitary Condition: Customers shall be responsible for maintaining trash and recycling containers in a sanitary condition, including exterior and interior. The collection location shall be kept free of accumulating grease, decomposing materials, excess wastes, snow, ice, ponded water and litter.
   E.   Overloaded Containers: Containers cannot be overloaded. Customers must remove extra materials if a container is found to be overloaded, or pay an additional fee. Compactor units may require customers to remove extra material before they can be serviced, in order to remain within the weight limits of the container and collection truck.
(Ord. 21-17, 5-23-2017; amd. Ord. 10-21, 4-13-2021; Ord. 50-22, 11-1-2022)
10-4-3-3: COMMERCIAL TRASH AND RECYCLING COLLECTION FREQUENCY:
   A.   Collection Frequency: The times and days for commercial trash and recycling collection shall be determined by the franchise hauler in conjunction with the City. The frequency of commercial trash and recycling service is at the discretion of the customer subject to the following minimum requirements:
      1.   Regular commercial trash and recycling service shall be a minimum of once per month.
      2.   Regular trash service for wet or putrescible wastes shall be a minimum of once per week.
      3.   On-call and temporary commercial trash and recycling service shall be a minimum of once per month.
   B.   Collection Frequency Modification: The City may modify a customer's commercial trash and recycling collection frequency, on a case by case basis, upon a finding by the Public Works Department that protection of the environment, public health or safety requires the modification.
   C.   Appeal: Upon an order to increase commercial trash and recycling service interval time or a denial of a request to decrease commercial trash and recycling service interval time, the affected customer may appeal the decision to the Public Works Department in the manner outlined in section 10-4-5-4 of this chapter.
(Ord. 21-17, 5-23-2017; amd. Ord. 10-21, 4-13-2021; Ord. 50-22, 11-1-2022)
10-4-3-4: COMMERCIAL RECYCLING:
   A.   Accepted And Excluded Materials: Accepted and excluded materials in the commercial recycling program are the same as the residential program covered under sections 10-4-2-4B and 10-4-2-4C.
   B.   Sale And Exchange: Commercial businesses may sell or exchange recyclable materials over which the business has ownership.
   C.   Donation: Commercial businesses may choose to donate their recyclable materials to a not for profit organization.
   D.   Contaminated Recycling: Containers used for recyclable materials or glass collection shall not contain trash or materials which are not allowed in the recycling or glass collection programs. Services may be terminated to any customer who violates this provision. Contaminated recycling or glass containers will be emptied as trash and the customer may be charged for extra trash collection services.
   E.   Limitations: Processing and storage of recyclable materials shall be limited to areas suitable and adequate for that purpose, and shall not cause or contribute to a nuisance, and must be in compliance with all applicable laws, rules and regulations. (Ord. 21-17, 5-23-2017; amd. Ord. 10-21, 4-13-2021)
10-4-3-5: SERVICE AGREEMENT FOR COMMERCIAL TRASH AND RECYCLING CUSTOMERS:
All commercial trash and recycling customers shall sign a service agreement indicating a representative who will maintain responsibility for payment of the trash and recycling service fees. The actual owner of the business shall be held personally liable by the City for all outstanding balances if the commercial customer ceases to exist. In the event a property or waste management company is utilized by a commercial customer, the customer receiving the trash and recycling service shall ultimately be responsible for ensuring compliance with this chapter and payment of all fees, penalties and interest. Service may be refused or a deposit may be required for any commercial customer who has a documented poor payment history with the City or has no credit history with the City, unless and until a guarantor is secured to retain responsibility for payment of the service account. The guarantor must be an individual with a documented good credit history. The guarantor may be released from its obligation upon a showing that the customer receiving the service has made twelve (12) consecutive on time monthly payments.
(Ord. 21-17, 5-23-2017; amd. Ord. 10-21, 4-13-2021; Ord. 50-22, 11-1-2022)
10-4-3-6: COMMERCIAL ORGANIC WASTE SERVICE:
   A.   Registration And On-Going Duty: Any person who desires to be a commercial organic waste service provider in the City shall register with the Public Works Department, on such form and in such manner as may be prescribed by the Public Works Department, no less than thirty (30) days prior to the start of service. Persons registering shall be required to specify all types of commercial organic wastes they intend to collect under their service. The registered commercial organic waste service provider has an on-going duty to update its business information on file with the Public Works Department.
   B.   Exemptions: The following persons shall be exempt from registering as commercial organic waste service providers:
      1.   Persons collecting commercial organic waste not in solid waste containers.
      2.   Persons collecting less than one hundred (100) gallons total of commercial organic waste annually.
   C.   Service Provider Operation Requirements: All commercial organic waste service providers shall:
      1.   Collect only commercial organic waste;
      2.   Utilize solid waste containers in the collection of commercial organic waste;
      3.   Contain the commercial organic waste in a sanitary manner without leaking;
      4.   Provide lids for all solid waste containers which contain any food waste;
      5.   Post signs on service vehicles and solid waste containers that clearly list the commercial organic waste service provider's business name and phone number;
      6.   Collect commercial organic waste only during allowed hours;
      7.   Not collect prohibited wastes;
      8.   Not collect compostable materials from residential properties that are part of the City's residential compost service hauler franchise agreement;
      9.   Not collect commercial organic waste not listed on their registration form;
      10.   Not allow collected organic waste to be a public nuisance; and
      11.   Comply with all federal, state, and local regulations and requirements.
   D.   Waste Provider Requirements: All commercial properties that receive commercial organic waste service shall provide adequate space for commercial organic waste containers and screen such containers from public view. Containers shall not be placed on public streets or obstruct vehicular or pedestrian traffic without prior written approval from the Ada County Highway District.
   E.   Collection Hours: Commercial organic waste collections shall be limited to the same collection hours in the current City franchise agreement with the residential compost service permitted hauler. A copy of the current franchise agreement, including allowed collection hours, is available at the Public Works Department, located at 150 N. Capitol Blvd, Boise, during regular business hours.
   F.   Collection Not Required: The City does not have a duty to collect commercial organic waste as a separate service from its solid waste collection franchise. Registered commercial organic waste service providers, or exempted persons, may voluntarily collect commercial organic waste from commercial properties that permit collection by agreement or on a first come, first serve basis.
   G.   Collection Locations: Registered commercial organic waste service providers, or exempted persons, may collect commercial organic waste from commercial property as defined in this chapter.
   H.   Collection Billing, Rates, Fee, Terms, And Conditions: The City does not provide any billing services or set any rates, fees, terms, or conditions for commercial organic waste services. Such service providers and commercial customers shall directly contract with each other, and the City shall not be a party to such agreements.
   I.   Enforcement: Any person who creates a public nuisance or violates the requirements of commercial organic waste collection shall be subject to all criminal and civil penalties as set forth in this chapter.
(Ord. 50-22, 11-1-2022)
10-4-3-7: ASSUMPTION OF RISK:
As a condition of service, owners accept all risk of property loss or liability for damages accruing from solid waste service operations, including container delivery, placement, use or other weight related impacts from container service. Any special instructions regarding placement of, or use of, containers must be disclosed by the property owner.
(Ord. 50-22, 11-1-2022)
10-4-4: REGULATIONS AND REQUIREMENTS:
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