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Item 4GCITY OF SOUTHLAKE MEMORANDUM (September 29, 2022) To: Shana K. Yelverton, City Manager From: Lauren LaNeave, Deputy Director of Public Works — Administration Subject: Item 4G: Ordinance No. 337A, 1st Reading, amendments to the City of Southlake Solid Waste Ordinance No. 337, establishing a construction debris license and modernizing the ordinance. (If approved at 1st reading, the public hearing will be held on October 18, 2022). Action Requested: City Council approval of Item 4G: Ordinance No. 337A, 1 st Reading, amendments to the City of Southlake Solid Waste Ordinance No. 337, establishing a construction debris license and modernizing the ordinance. Background Information: The Solid Waste Ordinance was last updated in the 1986 and many of the ordinance provisions and practices are outdated. In this update, many of the changes are administrative in nature and modernize the ordinance to align with today's practices and the current contract with Republic. The most significant change is the clarification surrounding franchise agreements, and the addition of a Construction Debris License. The proposed ordinance with track changes is attached to this memo for your review, and below is a summary of the administrative changes: • Align with current contract provisions: This includes updating the ordinance with the current brush and bulk parameters, holidays impacted by collection, automated recycling cart provisions, and updated definitions • Bin pull -in timing: The existing ordinance has a requirement for container set -out time, but did not include parameters in removing the carts from the curb. Both are proposed to be 24 hours before and after service. • Align with current billing practices: updated language for disabled customers utilizing garage door service, clarified language for prorated billing for new move -ins and move - outs, and a clarified refund process to align with our practices. Item 4G The proposed construction debris license was added for several reasons. Residents and business community have expressed frustration for several years with the inability to choose another vendor other than Republic for roll -off dumpsters and hauling construction debris. While the city does not have an exclusive agreement with Republic, other vendors have not entered into a franchise agreement to be able to operate within the city. The proposed ordinance preserves the ability for residents to haul their own construction debris. Additionally, the City was approached by Builder Recovery Services (BRS), owned by Mike Garabedian, to enter into a license agreement to provide roll -off dumpsters in Southlake. In April 2020, the City Council approved a license agreement with BRS through December 31, 2020 as a temporary measure pending ordinance updates. Due to ambiguities in the Solid Waste Ordinance regarding franchise and license agreements, staff engaged TOASE to revise the ordinance to establish a license process and appropriate fee. BRS has been allowed to continue to operate within the City while the ordinance is being revised. A party interested in seeking demolition debris license would provide the following information: a proposed construction and apply through Public Works and • The applicant's name, address(es), and verified signature • The form of business of the applicant, and, if the business is a corporation or association, evidence of the authority of the person signing the application to represent the business • Trade name under which the applicant will conduct business • Certificate of insurance and copies of insurance policy endorsements for the types and amounts of insurance and endorsements as may be required by the Finance Director. • The type of vehicles to be used, and the size and number of such vehicles. • The proposed disposal site. • The proposed pickup schedule, as appropriate. The proposed annual fee for the construction and demolition debris license is $100 per vehicle per year. The licensee would remit this fee upon approval of their application. This fee is assessed to cover the expense incurred from regulating this license and associated activities. This license would expire on September 30 of each year and require the applicant to reapply annually to maintain the ability to Item 4G operate within Southlake. All licensees would be required to maintain insurance, clearly mark vehicles and containers, and cover vehicles during transportation. If any ordinance provisions are violated during the term of the license, then the license may be revoked by the City Manager or designee. The licensee may appeal the revocation of their license to the City Council within 30 days of notification. A licensee whose license is revoked may not reapply for a license within five years of the revocation. Financial Considerations: The proposed license process will impact staff operations and processes. The proposed license fee of ten percent of gross revenue will go to the City's General Fund. No revenue is budgeted to be collected in FY 2023, but will be addressed in the amended budget if revenue is received. Strategic Link: This contract links to the City's Strategy Map: "132 Collaborate with select partners to implement service solutions." Citizen Input/ Board Review: N/A Legal Review: The ordinance was drafted and reviewed by the City Attorney. Alternatives: 1. Approve proposed ordinance as presented. 2. Approve proposed ordinance with modifications to the license fee or other ordinance provisions. 3. Approve proposed ordinance with modifications to require full franchise agreement and remove the construction and demolition debris license. 4. Deny proposed ordinance. Supporting Documents: 1. Proposed Ordinance No. 337A Staff Recommendation: Staff recommends approval of Item 4G: Ordinance No. 337A, 1st Reading, amendments to the City of Southlake Solid Waste Ordinance No. 337, establishing a construction debris license and modernizing the ordinance. Staff Contact: Lauren LaNeave, Deputy Director of Public Works — Administration Chapter 16 - SOLID WASTEM Footnotes: --- (1) --- Charter reference— Solid waste disposal, § 1.12. Cross reference— Administration, ch. 2; health and sanitation, ch. 10; personnel, ch. 14; traffic and vehicles, ch. 18; utilities, ch. 19. State Law reference— Municipal powers relating to public health, V.T.C.A., Health and Safety Code § 122.006; minimum standards of sanitation and health protection measures, V.T.C.A., Health and Safety Code § 341.001 et seq.; local regulation of sanitation, V.T.C.A., Health and Safety Code § 342.001 et seq.; Solid Waste Disposal Act, V.T.C.A., Health and Safety Code § 361.001 et seq.; Solid Waste Resource Recovery Financing Act, V.T.C.A., Health and Safety Code § 362.001 et seq.; municipal solid waste, V.T.C.A., Health and Safety Code § 363.001 et seq.; litter, V.T.C.A., Health and Safety Code § 365.001 et seq. ARTICLE I. - IN GENERAL Secs. 16-1-16-30. - Reserved. ARTICLE II. - REFUSE COLLECTION DIVISION 1. - GENERALLY Sec. 16-31. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Acceptable Brush means tree trimmings that are bundled in lengths no more than four feet (4') and no more than fifty (50) pounds in weight. Bulky Waste means Acceptable Brush, discarded furniture, appliances, wooden fence panels, (panels need to be cut in half and shall not exceed four (4) feet in length or 6 inches in diameter), small amounts of discarded Construction Debris not to exceed the equivalent of two 35 gallon sized plastic bags or corrugated boxes, and other acceptable waste materials as may be agreed upon by City and City's Contractor, but excluding unacceptable waste. The term Bulky Waste does not include unbundled Brush, stable matter, debris, floor tiles, roofing materials or other materials too heavy to be placed in bags. Brush means tree and shrub trimmings which are not easily placed in Disposable Containers. City's Contractor means the awarded entity with a contractual agreement made and entered into by the city for the collection, transportation, and/or disposal of solid waste, and/or the collection, transportation, and/or processing of Recyclable Materials. Construction or Demolition Debris means dirt, concrete, rocks, bricks or other waste building materials resulting from construction or demolition projects, including all materials that are directly or indirectly the by-products of construction work, or that result from the demolition of buildings or other structures. Customer means a residential user, commercial hand collection user, and/or commercial user who generates waste materials. Disposable Container means any plastic bag, cardboard, metal or wooden box having no outside dimension of more than four feet and capable of containing garbage or trash, without leaking or emitting odors and which weighs, when loaded, less than 50 pounds and which is placed at streetside for removal. Garbage means animal or vegetable matter, as from a kitchen or food -processing facility, ashes, or any other household waste which is damp or capable of emitting noxious odors. Hazardous Waste means solid wastes regulated as hazardous under the Resource Conservation and Recovery Act, 42, U.S.C.A., Section 1002, et seq., or regulated as toxic under the Toxic Substance Control Act, 15 U.S.C.A., Section 2601, et seq., and regulations promulgated hereunder or other applicable Federal or State Law concerning the regulation of hazardous or toxic wastes. Recyclable Materials means commodities collected by the City's Contractor pursuant to the contract documents, which commodities can be sold for processing and use or reuse including, but not limited to, newsprint, magazines, catalogs, copy paper, office paper, plastic containers (#1, #2, and #5 PET and HDPE), glass containers, aluminum cans, metal (tin) cans, and household paper products to include junk mail, envelopes, cereal boxes, cardboard, chipboard, and telephone books. Trash means all solid waste (as defined in the Municipal Solid Waste Management Regulations of the Texas Department of Health, as amended) refuse other than garbage, debris, and brush. Trash shall include grass clippings, leaves, and other household trash except as included in the definitions contained in this section. (Ord. No. 337, § 1, 8-19-86) Cross reference— Definitions generally, § 1-2. Sec. 16-32. - Duties of customer generally. (a) It shall be the duty of every owner, agent, lessee, tenant, or occupant of any premises in the corporate limits of the city to provide and use containers sufficient in number to hold the garbage and Trash accumulating on such premises. (b) When storing or setting out for collection, every customer shall keep all waste and recycling containers securely closed in such a manner as to prevent the accumulation of water within or the scattering of the contents and maintain such containers inaccessible to insects, rodents, and other animals. (Ord. No. 337, § 2, 8-19-86) Sec. 16-33. - Collection of charges. (a) The charges fixed in this article for the removal and disposal of all garbage and trash shall be entered by the city against the customer and shall be collected as charges for other city services. Any person who shall fail or refuse to pay the charge specified in this article within 16 days from the date of any bill containing an arrears balance shall have their garbage service, as well as all other city billed services suspended, and the city manager, or mayor, if no city manager exists, shall be notified immediately for appropriate action. The city utility billing department and the city attorney are hereby authorized to act as agents for the city in the collection of charges provided in this article. (b) In accordance with this section, all property located within the corporate city limits of the city with an active utility account shall be required to pay the monthly solid waste collection and disposal rate as set out herein. (c) Pro rata billing. Customers who request to commence, transfer, or terminate any residential or commercial account for utility service within a billing cycle shall be billed based on a pro rata basis. The calculation method shall be to divide the applicable service charge by a standard 30- day service period and then multiplying the result by the number of days service was provided for the billing cycle. (d) Upon approval from the city manager or their designee and in accordance with the guidelines for providing service to undeveloped areas, the city shall provide solid waste collection service to property within the city that has not previously received such services. Once a previously un- served area within the city is approved for service, all residential customers in such area shall receive collection by the city's contracted service and shall pay solid waste collection and disposal rates in accordance with this section. (Ord. No. 337, § 11, 8-19-86) Sec. 16-34. - Manner of collection. The collection, removal and disposal of all garbage, Trash and rubbish shall be carried on in a systematic, efficient manner, to keep the city in a clean and sanitary condition. (Ord. No. 337, § 12(a), 8-19-86) Sec. 16-35. - Collection and disposal —Regulation. (a) License or Franchise required, application of section. No person, firm, corporation, or other entity may use the public streets, alleys, or thoroughfares within the corporate limits of the city for the purpose of engaging in the business of collecting or transporting solid waste or recyclable materials from any premises except duly authorized agents or employees of the city, persons acting pursuant to a contract with the city, or persons licensed by the city to collect and transport Construction and Demolition Debris. This section shall not apply to the transportation of garbage, Trash, Recyclable Materials, or Brush from outside the city to a disposal site outside the city. (b) Occasional Haul. Individuals desiring to occasionally remove Brush, debris or Trash from their own residence or business using a private vehicle may do so without a license if they have regular service from the City's Contractor. Sec. 16-35.1. Application for Construction and Demolition Debris License (A) To obtain a Construction and Demolition Debris license, a person must submit an application on a form provided by the City Manager or designee. The applicant must be the person who will own, control, or operate the proposed solid waste collection service. (B) The license application shall include the following information: (1) The applicant's name, address(es), and verified signature; (2) The form of business of the applicant, and, if the business is a corporation or association, evidence of the authority of the person signing the application to represent the business; and (3) Trade name under which the applicant will conduct business (5) Certificate of insurance and copies of insurance policy endorsements for the types and amounts of insurance and endorsements as may be required by the Finance Director. (6) The type of vehicles to be used, and the size and number of such vehicles. (7) The proposed disposal site. (8) The proposed pickup schedule, as appropriate. (C) The Construction and Demolition Debris license expires September 30 of each year and may be renewed by making application as provided in this section. Sec. 16-35.2. Construction and Demolition Debris license - Fee (A) The annual fee for the Construction and Demolition Debris license under this section shall be as prescribed by resolution adopted by the city council from time to time. (B) Sec. 16-35.3. Debris, Garbage, and Trash Collection Vehicles (a) Identification of vehicles. All authorized trucks and containers used for the collection and transportation of garbage and Trash shall be clearly marked with the owner's name and telephone number in letters and figures not less than two inches high. (b) Covers on vehicles. All vehicles used for the collection and transportation of garbage and Trash shall be enclosed or covered with net, canvas, or wire to prevent the contents of such vehicles from falling or blowing into the public streets or adjacent property. (Ord. No. 337, § 13, 8-19-86; Ord. No. 592, §§ 1, 3, 9-7-93) Sec. 16-36. - Construction and Demolition Debris —Revocation of license. (a) Violation of any of the provisions of this article shall be sufficient cause for revocation of the license by the city manager or designee. (b) Revocation of a license may be appealed to the City Council within 30 days of notification of the revocation of the license by the city manager or designee. If the appeal is successful, the licensee will be permitted to operate immediately. If the appeal is unsuccessful, the license will be revoked. The licensee may not operate under the revoked license during the appeal period. (c) A licensee whose license is revoked may not reapply for a license within five years of the revocation of the license or any appeal thereof. (Ord. No. 337, § 14, 8-19-86) Sec. 16-37. - Wastes from building operations. Construction and Demolition Debris or other trash resulting from construction, major remodeling, general cleanup of property, or resulting from sizable amounts of trash and debris being cleared in preparation for construction will not be removed by the city or the City Contractor as regular service. The owner will have debris and trash removed at his expense, by either their own crew, the city contractor, or an authorized Construction and Demolition Debris licensee. (Ord. No. 337, § 5, 8-19-86) Sec. 16-38. - Duty of customer to see that containers are emptied; notification of city upon non -collection. Every customer is hereby required to maintain supervision and surveillance over garbage, Trash, and recycling containers on their premises and to call the City Contractor if such customer has been missed. If, after having been timely placed for collection, the containers are not collected or emptied, and the contents removed as may be applicable, and after the city contractor has been contacted within 24 hours of scheduled collection, the customer shall notify the city by calling city hall and reporting the non -collection.. Neither the city nor the City's Contractor are required to issue customer refunds for reported or unreported missed collections. The city manager or designee may issue a refund to the customer if deemed appropriate. (Ord. No. 337, § 6, 8-19-86) Sec. 16-39. - Prohibited acts. It shall be unlawful for any person to: (a) Sweep, throw or deposit any garbage, Trash, debris, stagnant water, or dead animal into, upon or along any public property or private property of another, except as may be specifically provided by this article. (b) Permit any of the conditions described in subsection (a) of this section to exist upon property owned or controlled by him after having actual or constructive notice of such conditions. (c) Place in any container any material other than as specifically provided in this article. This specifically but not exclusively includes Hazardous Waste . (d) Place in a recycling container any material other than the Recyclable Material for which the container is provided. (e) Deposit or maintain garbage or trash except as provided for by this article. (f) Deposit any burning match, charcoal, ember or other material in any container used for the disposal of garbage or Trash. (g) Cause damage to or permit excessive buildup of material in garbage or Trash containers. (Ord. No. 337, § 7, 8-19-86) Secs. 16-40-16-55. - Reserved. DIVISION 2. - RESIDENTIAL Sec. 16-56. — Trash containers and collection. It shall be the duty of each residential customer to place garbage and trash as follows: (a) All garbage shall be placed in either securely closed plastic bags or in closed waterproof containers or metal containers or metal cans of no more than 30-gallon capacity. (b) Containers shall be placed either at the streetside on the street bearing the customer's address at the roadside off of the pavement or behind the building line at a point where they may be reached without entering a gate. These are alternative locations, and the city must be notified prior to any change. (c) Trash, excluding wet materials or material which will cause disagreeable smells, shall be placed at streetside on the street bearing the customer's address or at the roadside off the pavement in Disposable Containers in such a manner as to prevent such trash from being scattered. (d) All garbage or trash mixed with water or other liquids shall be drained before being placed into a garbage or trash container. (e) All bulk waste shall be limited to two cubic yards per collection day, and a weight of fifty pounds or less, or that will allow reasonable handling by two men, as determined by the city's contractor. Bulk waste shall be placed at the usual place of garbage pickup. (7) Residential customers are prohibited from putting Construction Debris, hot ashes, oil, corrosive solvents, pool chemicals, car batteries or any other environmentally hazardous substances or Hazardous Waste in residential solid waste container(s). Sec. 16-57. — Recycling containers and collection. It shall be the duty of each residential customer to place recyclable materials as follows: (a) The City's Contractor will only collect recyclable materials from residential units and select commercial units in city -approved recycling containers. (b) All recyclable materials must be loose in the approved containers. Materials shall not be bagged. (c) Lids to all approved recycling containers shall be kept closed at all times unless being loaded or unloaded to prevent contamination to the materials. (d) Waste placed outside or on top of the container will not be collected. (e) Residential customers may order additional automated containers for a minimum retention period of six months for an additional fee set by the City's Contractor. (f) All containers for recyclable materials shall remain the property of the city or the City's Contractor. (Ord. No. 337, § 3, 8-19-86) Sec. 16-57. - Brush. If Brush is of a nature that it cannot be placed in Disposable Containers, it shall be cut in lengths not to exceed four feet and shall be trimmed and stacked at streetside to a height of not more than three feet with the larger ends placed toward the street. Normal Brush and Trash pickup will not take Acceptable Brush or Trash occupying more than 2 cubic yards, whether bundled or in bags. All vines and thorny bushes shall be placed in Disposable Containers. No item shall weigh more than 50 pounds. A customer may receive a special pickup, upon request, for an additional charge, depending on the quantity of material to be removed. Acceptable Brush improperly placed will not be collected. Sec 16-58 — Placement and timing of residential trash and recyclable materials for collection. (a) The City's Contractor is permitted to collect residential routes between the hours of 7:00 a.m. and 7:00 p.m. (b) Containers shall not be placed for pickup more than 24 hours prior to the day of pickup. All containers shall be placed at locations prescribed in this section not later than 7:00 a.m. on the day of scheduled collection, if they are to be picked up. (c) Containers shall not be left out for more than 24 hours after the end of the City's Contractor's permitted collection time. (d) Containers shall be placed within three feet of the curbline or alleyline, as designated by the city. (e) The container shall be placed no closer than three feet from any structure including but not limited to: mailboxes, trees, overhanging tree limbs, gas meters, water meters, parked vehicles, screening walls and fences, or other similar structures. Placement must also provide clear lateral access. (f) Residential containers shall not be placed so that it blocks or impedes a street or alley right-of- way, a city water or gas meter, drainage ditch, sight triangle at an intersection, or a sidewalk. (g) Residential waste improperly placed will not be collected. (Ord. No. 337, § 4, 8-19-86) Sec. 16-58. - Charges. (a) The charges referred to in this section shall be prescribed by resolution adopted by the city council from time to time. (b) The collection and removal of garbage, Trash, Brush, and Recyclable Materials from the premises used for residential purposes shall be made two times each week except on holidays to be outlined in the contract between the city and the contractor. The charges for such service shall be established per residential unit, per calendar month.. (c) Service charges for garbage pickup behind the building line shall be established per month, per residential unit, which charges shall be made to disabled customers not requesting streetside pickup. After an original 30-day enrollment period, no change of pickup location shall be accepted for a period of 120 days. Changes shall not be accepted more often than each 90 days. The charges shall be effective as of the regular customer billing date. Such charges shall accrue for each and every month or portion thereof during which such service is available and provided to the customer. Such charges shall be billed through the city's water department and shall be subject to the same late payment penalty rate or early payment discount rate as such water bills. The process for verification of the customer's disability shall be outlined in the contract between the city and the contractor. (Ord. No. 337, § 8, 8-19-86; Ord. No. 592, §§ 1, 3, 9-7-93) Secs. 16-59-16-75. - Reserved. DIVISION 3. - COMMERCIAL, INSTITUTIONAL AND INDUSTRIAL Sec. 16-76. - Duties of customers. It shall be the duty of the owner or person otherwise in charge of commercial, institutional or industrial premises within the city to cause all garbage and trash accumulated on such premises to be placed in either a garbage can with a tightfitting lid or, with the approval of the city manager or their designee, in Disposable Containers, if, in their opinion, such Disposable Containers will not create a nuisance. Cans and Disposable Containers shall be placed at a location on the premises which is readily accessible to the collector and approved by the city manager or their designee. Commercial -type containers may be used and may be placed at a location on the premises as arranged between the customer and collector, but subject to review by the city at any time. (Ord. No. 337, § 9, 8-19-86) Sec. 16-77. - Charges. (a) Frequency of collection. The collection and removal of garbage and trash from houses, buildings and premises used for commercial, institutional, or industrial purposes shall be made as often as is necessary in order to maintain such premises free of accumulations of garbage and trash. In this regard, garbage, except dry trash in contractor -supplied containers, shall be collected not less than one time each week, except for roll -off containers which shall not be subject to this subsection so long as they are used solely for Brush and dry Trash. (b) Charges; commercial type containers. Commercial, institutional, industrial and multifamily residential complex customers may dispose of garbage and trash by means of containers meeting city specifications. The fair and reasonable charges for such shall be prescribed by resolution adopted by the city council from time to time. (c) Additional charges. For other types of containers or services, rates shall be negotiated with the city contractor, subject to the approval of the city manager or their designee. (Ord. No. 337, § 10, 8-19-86; Ord. No. 592, §§ 1, 3, 9-7-93)