(A) Biannual reporting required. All registered haulers (the “registrant”) shall submit twice yearly reports to the Community Development Department on the weight (in tons) of solid waste and recyclable materials collected within the Vail town limits. For loads that contain solid waste or recyclable materials originating in part from within the town limits and in part from outside the town limits the reported quantity may be estimated by the registered hauler but shall use a format approved by the Community Development Department which shall include the use of both the scale tickets and customer route sheets, and reported as an estimate.
(B) Submittal required. Biannual reports shall be submitted on May 1 and October 1, or on the next business day, using a format approved by the Community Development Department. All reports shall be treated as confidential commercial documents under the provisions of the Colorado Open Records Act.
(C) Recyclable material designation. Haulers may not dispose of recyclable materials set out by customers by any means other than delivering it to an MRF that sorts, packages and otherwise prepares recyclable materials to be repurposed or reprocessed into new materials, except for materials that customers have not properly prepared for recycling and as a result are contaminated 25% or more with nonrecyclable refuse.
(D) Notice. Haulers of residential, multi-family or commercial solid waste shall give each of its customers written notice of all available service options and corresponding variable rate ranges upon commencement of service. Written notice of the full range of services including variable rate service, container sizes, and the recycling service options including the materials that must be recycled shall be provided to all new customers upon commencing service and all haulers shall provide notice at least annually to customers on the full range of services, container sizes, variable rate ranges for each level of service and recycling options including the materials that may be recycled. On or before January 31 of each year the hauler shall deliver to the Community Development Department a true and correct copy of the notices sent to each customer type.
(E) Residential embedded rates. On residential customer waste bills, haulers shall combine charges for solid waste and recyclable material collection service and shall not itemize them separately.
(F) Residential volume based rates.
(1) Generally. Haulers shall offer each of its customers the option to subscribe to different levels of service with different capacities of solid waste containers, such as 32-, 64- and 96-gallon containers/carts, and shall charge their customers based on this volume of service. For residential source customers, the base unit of solid waste service shall be no larger than the approximate capacity equivalent of a 32 gallon container or cart. If a customer does not select a level of service, the provider shall establish a default minimum level of service that is not larger than two units of service or a single 64-gallon container or cart.
(2) Variable rates. Haulers shall charge variable rates for the corresponding level of service or units of solid waste collection for residential customers.
(a) Haulers shall structure the increments of their variable rate at a multiple of the base unit of solid waste collection which is no larger than 32 gallons. The second largest increment of solid waste collection shall be no larger than two times the capacity of the base unit or no larger than 64 gallons, and the third largest increment of solid waste collection shall be no larger than two times the capacity of the second largest increment of solid waste collection. Such rate increments shall be equal to 80% or more of the charges for the base unit of collection (e.g., if $10 is applied to a 32-gallon container, a minimum of $18.00 shall be applied to a 64-gallon container, and a minimum of $32.40 shall be applied to a 96-gallon container).
(b) The provisions of this subsection (F) shall not be construed to prohibit any hauler from establishing rules and regulations regarding the safe maximum weight of containers of solid waste and recyclable material containers.
(c) Nothing in this section shall be construed as prohibiting any hauler from providing separate pricing for special collection of bulky items, yard waste, contaminated recyclables, unscheduled pick up or extra volumes of solid waste or recyclable material, or more than what was subscribed for with the hauler.
(G) Commercial embedded rates. On commercial customer account bills, every hauler shall combine charges for solid waste and recyclable material collection service and shall not itemize them separately. Haulers shall provide sufficient recyclable material capacity and frequency service to prevent an overflow of material.
(H) Auditing. A representative of the Town of Vail may audit a registered hauler’s subscription, billing and other relevant records to determine whether or not the provider has complied with the provisions of § 5-12-4 of this chapter at the provider’s office located nearest to the Town of Vail during hours that the office is open for business, on at least five days’ written notice.
(I) Frequency of residential recycling service. Haulers shall offer each of their residential customers’ curbside recyclables collection service at the same frequency of all other refuse collection, no smaller than 64 gallons capacity of the designated recyclable materials. All containers are subject to the provisions of Chapter 9 of this title, wherein all attractants shall be stored in wildlife resistant, locked containers. Nonattractants are not required to be stored in wildlife resistant, locked containers provided they are not mixed with attractants.
(J) Containers and labeling. Recycling containers shall be clearly distinguishable from solid waste containers. Haulers shall provide labels or label all solid waste and recycling containers indicating which materials are accepted in each container. The labels shall include pictures and words of the acceptable materials and be in both English and Spanish.
(Ord. 6(2014) § 1)