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:

10-4-4-1: GENERAL REQUIREMENTS AND PROHIBITIONS:

   A.   Littering: No person shall cast, place, sweep or otherwise deposit solid waste anywhere in the City in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, parkway, waterway, stormwater sewer system, sanitary sewer, vacant land, public place or any other premises.

   B.   Prohibited Waste: No person may deposit or relinquish for collection or disposal through the City solid waste collection program any prohibited waste. Prohibited wastes include the following:

      1.   Liquid wastes, including fats, oils and grease.

      2.   Motor vehicle tires.

      3.   Material regulated by the state or federal government as hazardous waste, including, but not limited to, materials which contain corrosive, flammable, reactive, explosive or toxic chemicals or compounds.

      4.   Refrigerant-containing appliances, including but not limited to refrigerators and window air conditioning units.

      5.   Medical wastes generated from any business source, including, but not limited to, hospitals, clinics, medical offices, surgical offices, dental offices, veterinarian offices, nursing homes and laboratories. Generators of such waste shall manage, store and dispose the waste in a manner to prevent it from being a hazard to any person or to the general public.

      6.   Dead animal remains in excess of twenty-five (25) pounds.

      7.   Wastes that exhibit extreme temperatures or harmful vapors.

      8.   Materials with chemical, physical or other properties which create a risk to the environment or public health and safety, or which pose an operational hazard for collection personnel.

      9.   Intact thirty (30) to fifty-five (55) gallon drums.

      10.   Asbestos or asbestos-containing materials.

   C.   Collection Of Prohibited Waste: Customers who generate prohibited wastes shall make arrangements for the collection and disposal of the waste following all applicable regulations.

   D.   Ownership Of Solid Waste: All solid waste placed for collection shall be considered the property and the responsibility of the customer until the time of collection, when it shall become the property and responsibility of the hauler. No person shall take, examine, uncover, go in or through, separate, gather, collect or salvage solid waste deposited in containers or otherwise placed for collection without the express permission of the owner of the property, or the solid waste hauler once the materials have been collected. Authorized government personnel are exempt from this provision. This provision does not create or recognize a right or expectation of individual privacy with respect to solid waste placed for collection.

   E.   Approval For Container Use: No person shall place or deposit any materials in or around a solid waste container provided for a specific business or premises, or in or around residential solid waste containers, except through the approval of the customer receiving service at the location or residence.

   F.   Unauthorized Accumulation: No person shall allow the accumulation of solid waste upon any premises within the City unless properly contained as provided for in this chapter. Any unauthorized accumulation shall be considered a nuisance and prohibited, and shall be subject to the remedies found in section 10-4-5-7 of this chapter.

   G.   Construction Activities: Solid waste resulting from construction activities shall be contained in a manner to prevent it from being blown, washed or carried off the premises. All solid wastes at a construction site shall be collected and properly disposed of or recycled prior to the end of the construction project. Construction and demolition wastes placed into a roll-off or dumpster must be hauled by the City's franchise hauler, or a permitted hauler as covered under section 10-4-4-2B. Construction solid waste may be self-hauled by a permitted hauler, only using self-contained equipment, such as a dump truck or attached wheeled trailer.

   H.   Outdoor Disposal: No person may burn, bury, stockpile, store or dispose of solid waste outdoors within the City limits. Properly managed compostable materials are exempt.

   I.   Failure To Receive Collection: Failure of any residence or commercial property to receive adequate solid waste collection service may be declared a public nuisance and shall be subject to the remedies found in section 10-4-5-7 of this chapter.

   J.   City Authority: The City reserves the right to determine the appropriate size of container and frequency of solid waste collection service. The City shall have the right to order the abatement of such nuisance at the expense of the owner or occupant of the premises. This shall not preclude the City or the owner from seeking recovery against other responsible persons.

   K.   Scrap Tires: Scrap tires may be stored under the following conditions:

      1.   They must be stored in a manner that will prevent the creation of a nuisance and prevent vectors or pest breeding.

      2.   Commercial entities must remove all scrap tires at least once a month. Residences may store up to eight (8) scrap tires at one time.

      3.   Scrap tires must be stored out of the sight of the public.

(Ord. 21-17, 5-23-2017; amd. Ord. 10-21, 4-13-2021; Ord. 50-22, 11-1-2022)

10-4-4-2: FRANCHISE AGREEMENTS AND PERMITS:

   A.   Franchise Required: Any person or business that provides collection services for trash, recyclable materials, or residential service of compostable materials within the City limits must execute a solid waste collection franchise agreement with the City, except as provided herein.

   B.   Permit Required: Haulers for construction and demolition wastes must hold a current Planning and Development Services Department (PDS) permit in their name. Permitted haulers may only haul for their own construction or demolition projects, and must own all roll-off containers and trucks and have them clearly identified with their name and phone number. They may not allow the use of their equipment by other contractors or at non-permitted sites. Containers can only be used for temporary construction projects, not for ongoing service to any location. Permitted haulers must comply with all appropriate federal, state and local regulations and requirements.

   C.   Exemptions: The following are exempt from the requirement to obtain a franchise or permit to collect, convey and dispose of solid waste:

      1.   The producers of solid waste.

      2.   A civic, community, benevolent or charitable nonprofit organization that collects, transports and markets source-separated materials for recycling for the sole purpose of raising funds for that organization.

      3.   Persons engaged in the occupation of demolition or construction contracting or landscaping may self-haul construction wastes, landscape wastes or recyclable materials using self-contained equipment, such as a dump truck or attached wheeled trailer (solid waste containers such as dumpsters or roll-offs are not included in this exemption).

   D.   Right Of City To Approve: The City shall have the exclusive right to select and approve all persons with whom the City shall enter into any franchise or permit.

   E.   Franchise Hauler Responsibilities: Any person providing trash or recycling collection services within the City will be authorized under a franchise agreement which shall outline the franchise hauler's responsibilities.

(Ord. 21-17, 5-23-2017; amd. Ord. 10-21, 4-13-2021; Ord. 50-22, 11-1-2022)

10-4-4-3: FEES FOR SERVICE:

   A.   City Right: The City maintains the right to prescribe and regulate the rates, fees or charges made for services pertaining to solid waste management and the collection and disposal of solid waste.

   B.   Schedule Of Fees: Except for commercial organic waste service providers, the City shall set fees for available services, such fees to be contained in a separate schedule of solid waste customer fees passed by resolution or ordinance by the City Council. The City Council may amend by resolution or ordinance the fees and the types of available services as necessary.

   C.   Account Initiation Fee: An account initiation fee as found in the solid waste schedule of fees shall be assessed at the initiation of City billing service for each new account.

   D.   Hardship Discount: Residential customers may apply for a hardship discount on residential solid waste service by making application to Public Works Utility Billing Services. The hardship discount does not apply to commercial solid waste service. To apply for the discount, the applicant must be living at the premise for which the discount is requested and the account must be in the applicant's name.

   E.   Deposits: Deposits may be required for initiating, continuing or restoring any residential or commercial regular solid waste service for customers with limited or poor credit histories, a poor payment history with the City or any public utility, or who have supplied false information at the time of application for service. Deposits, less any outstanding balance, will be refunded or credited when the customer cancels service or has made timely payments on the service account for twelve (12) consecutive months.

   F.   On-Call, Temporary Service Deposits: Deposits may be required for initiating, continuing or restoring any on-call or temporary solid waste service, rounded to the nearest dollar, for customers with limited or poor credit histories, or for those customers who have a poor payment history with the City or any public utility. Deposits for on-call or temporary services are listed in the solid waste schedule of fees. Deposits will be refunded or credited when the customer discontinues service, less any outstanding balance, or has made timely payments on the service account for twelve (12) consecutive months.

   G.   Suspension For Nonpayment: Once an account has been suspended for nonpayment of fees, the City shall not reinstate service until the account holder has paid the past due amount and a deposit with the Public Works Utility Billing Services. Additionally, the account holder will be responsible for paying an administrative fee.

   H.   Waiver Request: Residential customers may request a waiver of all or part of the solid waste rates, fees or charges imposed pursuant to this chapter for vacant property. Such request shall comply with the waiver procedures outlined in section 10-4-5-3 of this chapter.

(Ord. 10-21, 4-13-2021; amd. Ord. 50-22, 11-1-2022)

10-4-5: ADMINISTRATION AND ENFORCEMENT: