8.08.080 Disposal of community refuse, bulky waste and recyclable items.
A. Community refuse may be disposed of by residents and business establishments in vehicles provided by them subject to regulation by the governing body as to the place of disposal and as to the type of vehicle used to avoid spillage upon the public ways of the municipality, hazards to safety and the prevention of nuisances.
B. The governing body from time to time may provide for the collection and disposal of such types of community refuse as it may decide to collect and haul in connection with its regular solid waste collection and disposal service. In the event community refuse disposal service should require a charge to be made by the municipality, the determination of the fee will be made by the approval of the city council.
C. The governing body from time to time may implement recycling programs to be offered by the city or its agent to promote waste reduction to the landfill. The rates for recycling collection and processing shall be established and adjusted by resolution enacted by the governing body.
D. The governing body, at its sole discretion, may authorize a qualified entity to provide recycling collection services in the city. Such authorization is not exclusive and is subject to the following requirements:
1. An entity must submit an application to the public works department and provide supporting documentation for the following information:
a. Entity’s authorized representative’s name and contact information;
b. The registered name of the entity;
c. An active business license for the entity from a Utah local government;
d. Specification of the refuse being collected for recycling by the entity;
e. A detailed plan for how the entity will collect the specified refuse within the city. The plan must detail the following items:
i. Collection dates and times;
ii. Collection bin specifications; and
iii. Collection vehicle specifications;
f. Current commercial liability, automobile liability, and workers’ compensation insurance policies for the entity with a minimum coverage amount specified by the public works director;
g. Written authorization for the entity to provide the recycling collection service for the specified refuse from the city or its agent currently collecting residential solid waste;
h. Written authorization for the entity from the destination facility processing and recycling the specified refuse; and
i. Any other information specified on the application.
2. An entity that receives authorization from the city council to provide recycling collection services must enter an agreement with the city that contractually obligates the entity to follow the requirements of this section. The term of the agreement and the council’s authorization may not exceed five years.
3. An entity authorized to provide recycling collection services within the city must adhere to the following requirements:
a. Specified Refuse. The entity is only authorized to collect specified refuse approved by the city council. If the entity seeks to change the type of refuse or collect additional refuse beyond the specified refuse that was approved by the city council, the entity must submit a new application and receive authorization by the city council.
b. Collection Bins. Each collection bin must be made of a weather-proof material and be constructed to carry refuse without cracking or leaking. Each collection bin must clearly identify the entity and have an attached tight-fitting lid. Any collection bin that does not meet these specifications must be replaced within fifteen days of the entity becoming aware of the collection bin’s deficiency.
c. Collection Vehicles. Each collection vehicle must be properly maintained, meet all state and local requirements, and be equipped with operable safety equipment. Each collection vehicle must contain collected refuse to prevent leaking, spilling, or blowing. Each collection vehicle must have the name of the entity and a vehicle identification number clearly visible on each side of the vehicle.
d. Nondiscrimination of Customers. The entity must provide recycling collection services to any residential unit whose owner or inhabitant requests recycling collection service and is willing to enter in the entity’s standard service contract.
e. Noninterference with Solid Waste Collection. The entity’s recycling collection services may not interfere with the city’s or its agent’s collection of residential solid waste.
f. Cleanup of Specified Refuse. The entity is responsible for cleaning up any specified refuse or tipped collection bins at any location in which the entity is responsible for recycling collection services.
g. Hazardous Waste. The entity is prohibited from collecting or transporting any hazardous waste in or through the city without the prior, written consent of the city. The entity must take all reasonable and industry-standard precautions to ensure the safe collection and transportation of the hazardous waste.
h. Insurance. The entity is required to add the city as an additional insured for the commercial liability and automobile liability insurance policies required under subsection (D)(1)(f) of this section. Prior to providing recycling collection services and upon request of the city, the entity will provide the city a certificate of insurance that meets the requirements of this subsection.
i. Compliance with Laws. The entity and its employees, agents, and contractors are required to comply with all local, state, and federal laws.
4. The city may make reasonable inspections to verify the entity’s compliance with this section.
5. The city may review, suspend, or revoke an entity’s authorization to provide recycling collection services if:
a. The entity no longer meets the requirements for an authorized qualified entity under this section;
b. The entity provided false or incomplete information on its application;
c. The entity has failed to keep information collected on the entity’s application current with the city;
d. The entity violates its agreement with the city;
e. The entity violates any provision of this section;
f. The entity violates any federal, state, or local law;
g. The entity refuses to allow the city to make an inspection or interferes with the city while conducting an inspection;
h. An entity employee, agent, or contractor violates any provision of this section; or
i. An entity employee, agent, or contractor violates any federal, state, or local law while acting as the entity’s employee, agent, or contractor.
6. Upon termination of an entity’s authorization to provide recycling collection services, an entity must remove all collection bins within thirty days.
7. Any authorized entity under this subsection is not an agent or contractor for the city and has no legal relationship with the city.
8. Nothing in this subsection may be interpreted to prohibit the city or its agent from collecting specified refuse. (Ord. 2021-06 § 1 (Exh. A); Ord. 12/03/02(B) (part); Ord. 8/27/2002B (part))