Any person who engages in collection, hauling or disposal of solid waste within the county or who generates solid waste as result of commercial or industrial activities shall comply with the provisions of this chapter and any regulations adopted pursuant to the authority established by this chapter, as well as any and all applicable federal, state and local laws.
All haulers shall provide to the solid waste department, or its designated agent, the original rate sheet and agreement, executed by the customer, within seven (7) days of establishing service. Haulers are responsible for all fees of commercial accounts established in violation of this provision.
This provision shall apply to all commercial accounts that include containers, cans and/or wheeled carts, as defined by the current fee resolution. This provision applies equally to commercial and noncommercial accounts.
All haulers of commercial waste are responsible for confirming the accuracy of any agreements entered into with commercial accounts/customers, at the time service is established.
Any person collecting or hauling commercial solid waste within the county shall report the amounts and frequency of solid waste collected and hauled. The reporting shall include all special pick ups, unscheduled collections and irregular services (including no pick ups) in addition to all regularly scheduled collections. Reporting shall be based on container size and/or the actual weight of the refuse when requested. Said reports shall be filed in a form acceptable to the solid waste department weekly.
Commercial containers shall not be undersized for the needs of the account. Containers will be sized to contain all of the waste generated within the confines of the container and shall not be undersized so that garbage is caused to rest outside of the interior of the container including on top of and/or adjacent to grounds or structures. If additional garbage is generated beyond the size of the container, said additional garbage shall be reported to the solid waste department.
Any person collecting or hauling commercial solid waste within the county shall also report the location of disposal of all solid waste hauled or generated, no less frequently than weekly, on forms acceptable to the solid waste department. The county may, by regulation, establish bond requirements to assure performance of responsibilities established by this chapter.
The county reserves the right to check accuracy of hauler records in whole or on a case by case basis. The hauling companies are hereby required to comply with a request for information regarding accuracy checks.
An administrative fee will be assessed to the hauling company when greater than thirty six (36) documented reporting errors occur within a twelve (12) month period. Following the thirty six (36) documented errors, an administrative fee of fifty dollars ($50.00) per each occurrence will be assessed. In the event that the customer disputes a billing due to a documented reporting error by the hauler, then the administrative fee will be two hundred dollars ($200.00) per each occurrence.
Failure of solid waste collectors, haulers and/or commercial solid waste generators to comply with regulations implemented to carry out responsibilities established by this chapter may result in imposition of a surcharge on fees charged to the hauler for use of county operated disposal facilities. Such failure shall also be considered a violation of this chapter, subject to all penalties and remedies otherwise prescribed herein and in Idaho Code 31-4410.
Upon receipt of notice, by the hauler from the solid waste department or one of its agents, that a commercial user has failed and/or refused to pay its assessed charges to the solid waste department, the hauler shall cease collection from said commercial user. If, after receipt of notice, the hauler continues to collect from the commercial user the hauler shall be assessed a one hundred dollar ($100.00) fine per violation/collection, subject to the provisions of section 4-3-16 of this chapter. In the event that the hauler is in receipt of a notice from a governmental entity claiming jurisdiction, requiring collection of the specific delinquent generator, said notice shall be provided to the county. Upon receipt of said notice by the county, hauler shall be relieved of all liability under this section. (Ord. 449, 11-23-2010)