CHAPTER 7-04
MUNICIPAL SOLID WASTE COLLECTION SERVICE

SECTIONS:

7-04-001-0001    SHORT TITLE

7-04-001-0002    PURPOSE

7-04-001-0003    DEFINITIONS

7-04-001-0004    COMPLIANCE WITH REGULATIONS

7-04-001-0005    COLLECTION SUPERVISED BY DIRECTOR OF PUBLIC WORKS

7-04-001-0006    REGULATIONS

7-04-001-0007    STORING OR PLACEMENT OF SOLID WASTE AND RECYCLABLES

7-04-001-0008    COLLECTION PRACTICES

7-04-001-0009    LANDFILL DISPOSAL PRACTICES

7-04-001-0010    FEES

7-04-001-0011    DELINQUENT ACCOUNTS

7-04-001-0012    BURNING SOLID WASTES

7-04-001-0013    LICENSED SOLID WASTE COLLECTION COMPANY

7-04-001-0014    PENALTIES

7-04-001-0015    NOTICE OF VIOLATION

7-04-001-0016    SERVICE OF NOTICE

7-04-001-0017    APPOINTMENT OF HEARING OFFICER

7-04-001-0018    CIVIL VIOLATION AND ADMINISTRATIVE HEARING

7-04-001-0019    APPEAL OF DECISION AND COST OF REMOVAL

7-04-001-0020    SCOPE OF REVIEW

7-04-001-0021    VOLUNTARY ABATEMENT; REMOVAL BY CITY

7-04-001-0022    LIEN FOR REMOVAL

7-04-001-0023    CRIMINAL PENALTIES

7-04-001-0024    SEVERABILITY

7-04-001-0001 SHORT TITLE

This chapter shall be known and may be cited as the "Municipal Solid Waste Collection Service Ordinance of the City of Flagstaff, Arizona." (Ord. 2007-40, Amended, 09/18/2007; Ord. 2016-26, Amended, 05/31/2016)

7-04-001-0002 PURPOSE

The purpose of this chapter is to protect public health and the environment by establishing standards for the safe and sanitary collection, transportation, and recovery of solid waste, green waste, and recyclable material. This chapter also establishes rates charged by the City for residential, multifamily, and commercial waste collection to recover the City’s costs to provide safe and efficient collection of waste within the City. (Ord. 2016-26, Enacted, 05/31/2016)

7-04-001-0003 DEFINITIONS

For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

ASHES: The residue from the burning of wood, coal, or other combustible materials.

AUTOMATED COLLECTION SYSTEM: That service which requires a City of Flagstaff sanitation employee to operate an automatic collection vehicle, which lifts and deposits solid waste located in a City supplied automated collection container (bins and carts) into said vehicle.

BIN SYSTEM: A contained solid waste collection system that utilizes large metal bins (containers) varying in size from two (2) to ten (10) cubic yards to provide commercial solid waste collection service to City customers.

BIO-HAZARDOUS MEDICAL WASTE: Any waste that is composed of, or has as a constituent of, one (1) of the following:

1.    Cultures and stocks: Discarded cultures and stocks generated in the diagnosis, treatment, or immunization of a human being or animal or in any research relating to that diagnosis, treatment, immunization, or in the production or testing of bacteria.

2.    Human blood and blood products: Discarded products and materials containing free-flowing blood or free-flowing blood components.

3.    Human pathological wastes: Discarded organs and body parts removed during surgery.

4.    Medical sharps: Discarded sharps used in animal or human patient care, medical research, or clinical laboratories. This includes hypodermic needles, syringes, pipettes, scalpel blades, blood vials, needles attached to tubing, broken and unbroken glassware and slides and cover slips.

5.    Research animal wastes: Animal carcasses, body parts, and bedding of animals that have been infected with agents that produce, or may produce, human infection.

BULK WASTE: Wood, household discards such as furniture, rugs, and other large items, large pieces of metal, tree limbs, bagged yard rakings or trimmings, or other similar material except putrescible food items and dead animals. Reference Section 7-04-001-0008.

BUSINESS ESTABLISHMENT: Any structure or premises not used as a residence, including but not limited to retail, wholesale, warehouse, store, factory, production, processing, manufacturing, restaurant, construction, hospitals, governmental entities, public authorities (schools) or office uses, but not including any residence.

CART SYSTEM: A contained solid waste collection system that utilizes various size carts (containers) for providing commercial solid waste/recycling collection service to City customers.

CITY: The City of Flagstaff.

COMMERCIAL SOLID WASTE: Solid waste generated by a business establishment, except construction and demolition debris, recyclables, and hazardous wastes. The definition includes other solid waste deposited, collected and transported in roll-offs.

COMMERCIAL SOLID WASTE/RECYCLING BIN SERVICE FEE (MONTHLY RATE): The actual monthly fee for the level of service provided to a customer based on the calculated cost incurred by lifting, dumping, and disposing of solid waste deposited by the customer at the customer location in a commercial solid waste/recycling bin as part of the commercial solid waste/recycling bin system.

COMMERCIAL SOLID WASTE/RECYCLING COLLECTION: The collection or removal of commercial solid waste or recycling from one (1) or more business establishments.

CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR (CESQG): According to federal regulations (40 CFR 261.5), a CESQG is a generator (business owner) that meets the following three (3) criteria:

1.    Generates less than two hundred twenty (220) pounds of hazardous waste (as defined by the Resource Conservation and Recovery Act (RCRA)) in a calendar month; and

2.    Accumulates at any time or generates less than two and two-tenths (2.2) pounds of acute hazardous waste in a calendar month (acute hazardous waste begins with an EPA waste code of "P" or the following "F" codes: F020, F021, F022, F026, and F027); and

3.    Accumulates no more than two thousand two hundred (2,200) pounds of hazardous waste (as defined by RCRA) at any one (1) time.

CONSTRUCTION AND DEMOLITION WASTE: Solid waste derived from the construction or demolition, repair, or remodeling of buildings or other structures.

CONTAGIOUS or INFECTIOUS WASTE: Waste capable of producing an infectious disease in humans or animals when they are exposed to it.

CONTAINERS: Receptacles (bins, carts, etc.) used by the City to hold solid waste or recyclables for residential and commercial solid waste and recycling collection.

DIRECTOR OF PUBLIC WORKS or DIRECTOR: The Director of Public Works of the City of Flagstaff, Arizona.

DWELLING UNIT: Means a structure or the part of a structure that is used as a home, residence, or sleeping place by one (1) person who maintains a household or by two (2) or more persons who maintain a common household.

ELECTRONIC WASTE: Items including but not limited to computers, computer monitors, printers, televisions, and cellular phones.

EXCEPTIONAL WASTE: Any waste that has to be approved through the City’s Exceptional Waste Acceptance Program such as non-friable asbestos, contaminated soils, and other materials that require additional handling at the City’s landfill.

FLAMMABLE or EXPLOSIVE WASTE: Any liquid, solid or gas with an ignition or flash point of less than two hundred (200) degrees Fahrenheit, including but not limited to gasoline, benzene, naphtha, alcohol, or other flammables or explosives.

FRIABLE ASBESTOS: Any material containing more than one percent (1%) of asbestos that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure and become airborne.

GARBAGE: The putrescible solid wastes (excluding ashes), consisting of both combustible and noncombustible solid wastes such as food waste, yard clippings, trimmings, bulk waste and similar material. (See definition for Solid Waste.)

GREASE BIN: A container specifically designed and maintained for the purpose of the storage and collection of grease or animal and vegetable wastes resulting from the processing, handling, preparation, cooking, and serving of food or food materials.

GREEN WASTE: Generally yard waste including leaves, grass clippings, tree trimmings, brush and other plant growth of no more than four (4) feet in length and less than one-half (1/2) inch in diameter.

HAZARDOUS PRODUCTS CENTER (HPC): A City facility located at the landfill for the disposal of household hazardous waste including but not limited to: household cleaners and chemicals, all battery types including automotive batteries, electronic waste, used oil, antifreeze, liquid paint, flammable products, aerosol cans, and universal wastes.

HAZARDOUS WASTE: Waste with properties making it dangerous or potentially harmful to human health or the environment when improperly handled or released to the environment. As defined by the Resource Conservation and Recovery Act (RCRA), hazardous wastes are wastes that meet a particular listing description or that exhibit a characteristic of hazardous waste (ignitability, corrosivity, reactivity, or toxicity).

HOIST AND HAUL SYSTEM: A contained solid waste collection system that uses ten (10) to forty (40) cubic yard compactor bins or open top roll-off boxes. The compactor bins or open top roll-off boxes are removable and can be loaded onto a truck equipped with a tilt frame and hoist mechanism. The compactor bins or open top roll-off boxes are emptied at the disposal site.

INDUSTRIAL WASTES: Solid or liquid wastes resulting from industrial processes and manufacturing operations and including food, boiler, house ashes, wood, plastic, metal scraps and other processing wastes.

INERT MATERIAL: Material that is not flammable and will not decompose including but not limited to brick, rock, gravel, sand, soil and reinforced concrete.

LANDFILL: The Cinder Lake Landfill located at 6770 E. Landfill Road, Flagstaff, Arizona 86004.

LICENSED SOLID WASTE COLLECTION COMPANY: Any company or person engaged in the removal of solid wastes from hotels, restaurants, cafes, and other places not otherwise provided with service by the City.

LIQUID WASTE: Any waste that is determined to contain "free liquids" as defined by Method 9095 (paint filter liquids test), as described in the "Test Methods for evaluating solid waste, physical/chemical methods" (EPA Pub. No. SW-846).

MEDICAL WASTE: Any solid waste that is generated in the diagnosis, treatment or immunization of a human being or animal, in any research relating to that diagnosis, treatment or immunization, or in the production or testing of biologicals, including discarded drugs. This includes tattoo sharps or any other tattooing waste that has been in contact with human blood. Medical waste does not include hazardous waste.

MULTIFAMILY RESIDENTIAL PROPERTIES: Means any real property that has one (1) or more structures and that contains five (5) or more dwelling units for rent or lease that are subject to A.R.S. Title 33, Chapter 10.

NON-FRIABLE ASBESTOS: Any material containing more than one percent (1%) asbestos that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure and become airborne.

ORGANIC WASTE: Waste that can be broken down by a natural process of decomposition by bacteria and other micro-organisms. This includes but is not limited to food scraps, paper, paperboard, cardboard, green waste, lumber, and timber.

PERSON or COMPANY: Includes individual, firm, partnership, joint venture, association, corporation, municipal corporation, estate, trust or any other group or combination acting as a unit, and the plural as well as the singular number.

POSTED LANDFILL TIPPING FEE: Price per ton charge for solid waste disposal at Cinder Lake Landfill.

RADIOACTIVE WASTE: Solid waste that contains radioactive materials that are subject to a permit or regulation under the Atomic Energy Act of 1954 (42 United States Code Section 2011; 68 Stat. 919), as amended, or A.R.S. Title 30, Chapter 4.

RECYCLABLES: Post-consumer materials which may be collected, separated, cleansed, treated or reconstituted and returned to the economic stream in the form of raw materials or products including but not limited to newspapers (including inserts); residential mixed paper (including window envelopes); cardboard; office paper (including white, colored and computer paper, and window envelopes); aluminum cans and scrap; steel and bi-metal food and beverage cans and lids; plastic bottles and hard plastic containers labeled #1 through #7; and glass.

REFUSE: All putrescible and non-putrescible solid wastes (except septic, industrial, medical, contagious or infectious wastes, hazardous wastes, and flammable or explosive wastes), including garbage, ashes, street cleanings, dead animals, and solid waste and industrial waste. (See Solid Waste definition.)

RESIDENTIAL PROPERTY: Any structure or premises used as a domicile, dwelling, or habitation, including but not limited to single-family dwellings, duplexes, triplexes and fourplexes, patio homes, mobile homes, mobile home parks, trailers, trailer courts, boarding houses, apartments, condominiums, townhouses, or any complex of the foregoing.

RESIDENTIAL SOLID WASTE: Solid waste generated by a residential property, other than construction and demolition debris, recyclables, and hazardous wastes.

ROLL-OFF: A transportable container commonly known as a "roll-off" or "hoist and haul" container, used for the deposit, collection, and transport of construction and demolition debris and other solid waste generated by large projects or business establishments.

SALVAGING: The removal of solid waste from the landfill with permission and in accordance with rules and ordinances of the management agency for purposes of productive re-use.

SCAVENGING: The unauthorized removal of solid waste from the landfill.

SECURELY ANCHORED LOAD: Material being transported over a City street by a vehicle which does not provide a tight cover but is securely anchored against possible loss from the vehicle as per A.R.S. Section 28-1098.

SEPTIC WASTES: Those liquid and solid materials resulting from drainage of cesspools, septic tanks and other storage facilities.

SINGLE-FAMILY RESIDENTIAL PROPERTIES: All residential properties that are not multifamily residential properties, as defined in this chapter.

SOLID WASTE: Garbage, trash, rubbish, or refuse and sewage, septic, or water treatment sludge that has been dewatered.

SPECIAL WASTES: Solid wastes that are not considered hazardous wastes but require special handling and management to protect public health or the environment. There are two (2) special wastes listed for Arizona: petroleum contaminated soil and shredded motor vehicles.

TREATED BIO-HAZARDOUS MEDICAL WASTE: Bio-hazardous medical waste that has been treated and that meets the treatment standards of Arizona Administrative Code R18-13-1415.

UNCOVERED LOAD: A load of solid waste in which loose material might fall or be blown from the transporting vehicle because the material is not completely contained within closed containers or completely enclosed within the transporting vehicle by means of a tarpaulin or other equivalent covering or packaging designed to prevent the loss of any and all material from the transporting vehicle.

UNIVERSAL WASTE: Several widely generated hazardous wastes identified by EPA that are subject to streamlined requirements for collection, storage and processing if they are recycled under the Universal Waste Rule, including but not limited to batteries, certain pesticides, thermostats and mercury-containing lamps. This rule is intended to encourage recycling of these universal wastes rather than disposal.

WHITE GOODS: Large household appliances, such as washers, dryers, water heaters, refrigerators and air conditioners. (Ord. 1162, Amended, 07/07/1981; Ord. 1225, Amended, 10/19/1982; Ord. 1535, Amended, 11/17/1987; Ord. 1609, Amended, 02/21/1989; Ord. 1764, Amended, 07/21/1992; Ord. 1986, Amended, 12/01/1998; Ord. 2000-09, Amended, 05/02/2000; Ord. 2016-26, Amended, 05/31/2016. Formerly 7-04-001-0002)

7-04-001-0004 COMPLIANCE WITH REGULATIONS

Any person or business collecting, conveying over any of the streets or alleys of the City, or disposing of any solid waste accumulated in the City, shall comply with the provisions of this chapter and with any other governing law or ordinance. It shall be unlawful for any person or business to cause, facilitate, or aid or abet any violation of any provision of this chapter or to fail to perform any act or duty required by this chapter. A violation of a provision of this chapter may be enforced by an administrative proceeding or by a complaint for criminal penalties. (Ord. 1162, Amended, 07/07/1981; Ord. 2007-40, Amended, 09/18/2007; Ord. 2016-26, Amended, 05/31/2016. Formerly 7-04-001-0003)

7-04-001-0005 COLLECTION SUPERVISED BY DIRECTOR OF PUBLIC WORKS

All solid waste generated or accumulated in the City shall be collected under the supervision of the Director or designee. Except as otherwise expressly provided in this chapter, all such solid waste shall be removed, collected and/or disposed of only by the City or companies licensed by the City for such purpose. (Ord. 1986, Amended, 12/01/1998); Ord. 2007-40, Amended, 09/18/2007; Ord. 2016-26, Amended, 05/31/2016. Formerly 7-04-001-0004)

7-04-001-0006 REGULATIONS

The Director or designee shall propose regulations concerning the days of collection, type and location of solid waste containers, handling of solid waste, and such other matters pertaining to the collection, conveyance and disposal as determined necessary, and propose modifications to the same after notice as required by law; provided, that such regulations are not contrary to the provisions hereof. Regulations and modifications to regulations shall become effective after approval by the City Manager and authorization by City resolution.

A.    Annual Budget: The Director or designee shall provide, in the annual budget for the City, the following information:

1.    Projected costs for the current fiscal year;

2.    Proposed revenue from the current fiscal year;

3.    Estimated costs for the following fiscal year;

4.    Proposed fee structure for the following fiscal year;

5.    Estimated income for the following fiscal year, based upon the proposed fee structure.

(Ord. 2007-40, Amended, 09/18/2007; Ord. 2016-26, Amended, 05/31/2016. Formerly 7-04-001-0005)

7-04-001-0007 STORING OR PLACEMENT OF SOLID WASTE AND RECYCLABLES

A.    Public Places: No person shall store or place any solid waste in any street, alley, sidewalk, utility corridor or other public place within the City, or upon any private property within the City, whether owned by such person or not, except if placed in containers authorized for collection. Bulk waste may be placed curbside for collection. Nor shall any person throw or deposit any solid waste in any stream or other body of water.

B.    Unauthorized Accumulation: Any unauthorized accumulation of solid waste on any premises is hereby declared to be a nuisance and is prohibited. Failure to remove any existing accumulation of solid waste within thirty (30) days after the effective date thereof shall be deemed a violation of this chapter.

C.    Scattering of Solid Waste: No person shall cast or cause to be cast, place, sweep or deposit anywhere within the City any solid waste in such a manner that it may be carried or deposited by the elements or animals upon any street, sidewalk, alley, sewer, parkway or other public place, or into any occupied premises within the City.

D.    Disturbance of Containers: It shall be unlawful for any person to uncover or cause to be uncovered, tip or cause to be tipped over, or disturb or cause to be disturbed in any manner any container of solid waste or recyclables placed upon any street, curb, sidewalk or alley for removal by an authorized collector.

E.    The City shall provide automated collection containers for all customers serviced by the automated collection system.

F.    Automated collection containers provided by the City shall be maintained by the City or replaced when determined necessary by the Director or designee.

G.    City-owned automated collection containers and commercial bins shall be assigned to the property and not to the occupant of the property. No person who occupies any property to which containers have been assigned may remove the containers from the assigned property for any reason.

H.    The occupant of a residential property or business establishment is responsible for the solid waste container(s) provided by the City. The container(s) shall be kept in a clean and sanitary condition. The occupant of the property is responsible for the cost of replacing the container(s) when replacement is necessitated by loss of the container or damage due to the occupant’s misuse.

I.    The City will provide appropriate bins for hotels, restaurants, businesses, or institutions requesting City bin service. Such bins shall be maintained by the City and replaced when determined no longer serviceable by the Director or designee.

J.    Vandalism to City-owned containers shall be reported to the Solid Waste Division and the City Police Department by the solid waste customer.

K.    Scavenging:

1.    No person, other than the City, the property owner, or a company licensed for collection shall disturb, collect, or remove any solid waste set out for collection.

2.    No person, unless authorized by the City, may remove, collect or disturb recyclable materials deposited for collection in City containers.

L.    No solid waste or materials other than recyclables shall be placed or stored in any container provided by the City for the storage and collection of recyclables. (Ord. 1609, Amended, 02/21/1989; Ord. 1764, Amended, 07/21/1992; Ord. 1821, Amended, 10/05/1993; Ord. 1986, Amended, 12/01/1998; Ord. 2000-09, Amended, 05/02/2000; Ord. 2002-19, Amended, 11/19/2002; Ord. 2002-19, Amended, 12/23/2002; Ord. 2007-40, Amended, 09/18/2007; Ord. 2016-26, Amended, 05/31/2016. Formerly 7-04-001-0006)

7-04-001-0008 COLLECTION PRACTICES

A.    Collection From Residential Properties:

1.    Single-Family Residential Properties: Solid waste and recyclable material (except glass) accumulated by single-family residential properties shall be collected using the City’s automated collection system. A minimum of one (1) automated solid waste container and one (1) automated recycling container is required for each dwelling unit. Collection will be provided at least once each week or as required by State of Arizona regulations. Special container roll-out service will be provided for those residents with a handicap or those who are otherwise determined by the Director or designee to be unable to place the automated containers out for collection. In these cases, the containers will be rolled out by Environmental Services employees and returned after collection.

2.    Multifamily Residential Properties: Solid waste and recyclable material (except glass) accumulated by multifamily residential properties shall be collected using either the City’s automated or bin collection system, or the services of a licensed solid waste collection company. For multifamily residential properties serviced by the City, the Director or designee shall determine the appropriate collection system based on the number of dwelling units and volume of solid waste generated. Collection will be provided at least once each week. Multiple bin service may also be provided.

3.    Residential Bulk Waste Collection: Bulk waste will be collected from single-family residential properties on a once every four (4) week rotating schedule. A pile up to five (5) feet by five (5) feet by ten (10) feet of combined yard waste and bulk waste shall be collected on a scheduled bulk waste collection. A special collection for larger quantities requiring additional fees is available. All brush, tree limbs and cuttings shall not exceed five (5) feet in length and twelve (12) inches in diameter. Bulk waste shall be placed on private property within plain view as seen from the public right-of-way for pick up no earlier than the Monday immediately preceding the designated collection week and no later than Monday at 5:00 a.m. of the designated collection week. Items must be placed parallel to the street adjacent to the owner’s property line for collection. Bulk waste may not be placed on sidewalks, curbing, or public right-of-way in any manner as to interfere with or be hazardous to pedestrians or vehicles, or with any mechanized collection container in such a manner as to interfere with its being emptied. Bulk waste may not be placed within four (4) feet of any structure. Appliances, air conditioners and other items that contain refrigerants are not accepted as part of normal bulk waste service. A special collection requiring prior scheduling is available. The customer must take off the locking mechanism or remove the door from any container or appliance, including freezers, refrigerators, stoves or chests, before setting them out for special collection. A refrigerant evacuation fee or certificate of refrigerant extraction may be required. Items not accepted for collection will be left. The following are unacceptable materials: disposable or unwanted material resulting from construction, repair, or demolition of the premises; large auto parts such as engines, transmissions, axles; tires; used oil; and rocks, soil, soil-like and concrete materials.

4.    Residential Glass Recyclables Collection: The City will collect glass recyclables from residential properties for a monthly fee of three dollars fifty-five cents ($3.55). If glass recyclables collection is requested through the solid waste program, the City will provide the property owner with a separate collection container for glass recyclables. Glass recyclables collection will occur on a monthly basis on the Wednesday of the property’s bulk waste collection week (refer to the current bulk waste collection schedule to identify collection week).

B.    Collection from Commercial and Industrial Properties: Solid waste and recyclable material (except glass) accumulated by commercial properties shall be collected using either the City’s automated or bin collection system, or the services of a licensed solid waste collection company. For commercial properties serviced by the City, the Director or designee shall collect or direct the collection of solid waste according to a schedule agreed to by the City and the commercial property owner for the applicable fee described in Section 7-04-001-0010(C). The Director or designee may refuse to collect unreasonable amounts of solid waste and/or may refuse to collect when poor conditions of handling exist, and may make an additional charge for such amounts or conditions as outlined in the current regulations.

C.    Collection Procedures for Certain Types of Waste:

1.    Special Wastes: All special wastes shall be disposed of as directed by the Director or designee at the expense of the owner or possessor thereof. Soil with petroleum contamination below four thousand one hundred (4,100) mg/kg and waste from shredding of motor vehicles are the two (2) special wastes recognized in the State of Arizona and must be disposed of in accordance with the following procedures:

a.    Petroleum Contaminated Soils: Petroleum contaminated soil acceptance at the landfill is determined by the Arizona Department of Environmental Quality Residential Remediation level of four thousand one hundred (4,100) mg/kg. Soils with adequate sampling verifying petroleum contamination is below four thousand one hundred (4,100) mg/kg can be accepted at the landfill following approval by the Director using an exceptional waste application form. Accepted petroleum contaminated soil will be directed to a separate area of the active landfill area for burial.

b.    Waste from shredding of motor vehicles is not accepted at the landfill.

2.    Industrial Solid Waste: Industrial solid wastes will be accepted at the landfill in quantities regulated by the Director or designee. The cost of handling industrial wastes will be determined by the Director or designee.

3.    Asbestos Waste: Friable asbestos is not accepted at the landfill. Non-friable asbestos is accepted. Advance notification is required for non-friable asbestos disposal along with approval by the Director or designee using a non-friable asbestos waste acceptance application form. Accepted non-friable asbestos will be directed to a separate area of the active landfill area for burial.

4.    Septic and Liquid Wastes: Disposal of septic or liquid wastes is not allowed at the landfill.

5.    Hazardous Wastes: Hazardous wastes are accepted at the City’s Hazardous Products Center (HPC) located at the landfill. Collected hazardous waste is properly recycled or disposed of through a licensed hazardous waste disposal contractor. Universal wastes such as used batteries and mercury-containing light bulbs are also accepted at the HPC. Small businesses can use the HPC to dispose of hazardous waste by appointment only. Businesses will pay costs incurred by the City for disposal of the waste through a licensed hazardous waste disposal contractor plus administrative fees. Businesses must qualify as a conditionally exempt small quantity generator (CESQG) according to the Environmental Protection Agency. Any refuse deemed hazardous by the Director or designee will not be collected or disposed of in the landfill. Anyone knowingly or unknowingly depositing hazardous or prohibited waste in the landfill must remove said waste within three (3) hours at their own expense. If the City or City designee has to remove said waste, the cost of removal and disposal plus an administrative fee shall be charged to the person placing said waste in the landfill. Failure to pay this fee will result in loss of use of the landfill.

6.    Medical Wastes: Untreated medical waste, with the exception of household medical sharps disposed of with homeowner waste, is not accepted at the landfill or HPC. Unused medical sharps are accepted at the landfill but are not accepted at the HPC. Landfill operators should be notified so that any sharps can be buried immediately.

D.    General Provisions for Waste and Recyclables Collection:

1.    Ownership of Solid Waste: All solid waste set out for collection in the City will remain the property and responsibility of the property owner or generator until collected by the City or licensed company, whereupon it shall become the property of the collector.

2.    Solid waste, before being placed into containers for collection, shall be drained of any liquids and shall be wrapped in paper or plastic and sealed.

3.    Ashes shall be placed in separate containers and thoroughly doused with water and extinguished before collection.

4.    The occupant of the property from which solid waste material is being collected shall not place hot ashes, bricks, concrete, hazardous wastes, or any other material or solid waste harmful to the public or destructive to the container or collection vehicle in the container being set out for City pickup.

5.    Automated collection containers shall be placed at curbside by 6:00 a.m. on the day of collection. Automated collection containers shall be removed from the curbside on the same day the container is serviced.

6.    Containers must not be blocked by vehicles or other objects that may hinder their pickup by City sanitation vehicles or employees. Automated collection containers shall not be placed within four (4) feet of objects that can be damaged by the City’s automated equipment.

7.    Unattended Containers: No person shall place, display, or maintain any unattended container for soliciting deposit of recyclable materials or donated items in any exterior location within the City limits, except in conformance with all of the following provisions:

a.    Such unattended containers may be located only within the parking lot of private property lawfully zoned, developed and used for commercial or industrial purposes or at schools, churches, or charitable organizations which have similar parking facilities.

b.    Such unattended containers may be located only with the permission of the property owner, their agent, or the person in possession of the property, and the owner’s name and current telephone number shall be displayed on the container in a conspicuous location.

c.    The owner of such unattended container and the property owner shall jointly or severally maintain all exterior areas within twenty-five (25) feet of the container free from litter.

8.    Nothing in this chapter shall be construed to prevent individual property owners from hauling their own solid waste from their own premises to a legal point of disposal or recycling, in accordance with Section 7-04-001-0004. (Ord. 1609, Amended, 02/21/1989; Ord. 1764, Amended, 07/22/1992; Ord. 1764, Amended, 07/21/1992; Ord. 1821, Amended, 10/05/1993; Ord. 1986, Amended, 12/01/1998; Ord. 2002-19, Amended, 11/19/2002; Ord. 2002-19, Amended, 12/23/2002; Ord. 2007-40, Amended, 09/18/2007; Ord. 2016-26, Amended, 05/31/2016. Formerly 7-04-001-0007)

7-04-001-0009 LANDFILL DISPOSAL PRACTICES

A.    Landfill Rules and Regulations:

1.    Traffic signs must be obeyed and vehicles must stay on designated roadways at all times.

2.    Landfill users must follow all instructions given by City solid waste landfill personnel (i.e., attendants, operators).

3.    Alcoholic beverages are prohibited.

4.    Commercial haulers must be dressed in proper attire, including hardhat, safety reflective vest, and steel toed boots.

5.    Landfill personnel have the right to inspect any load and may, at their discretion, require a load to be dumped in a segregated area to facilitate inspection.

6.    Children and animals must remain in vehicles at all times.

7.    Smoking is prohibited.

8.    No person shall intentionally obstruct, impede or interfere with any employee, contractor or authorized representative of the City who is lawfully and constitutionally engaged in the enforcement or execution of the provisions of this chapter.

9.    Scavenging, including but not limited to the unauthorized pilfering, removal, buying, selling, trading or using of material disposed of at the landfill, is prohibited.

10.    Haulers shall not deliver wastes to a solid waste landfill that are prohibited under these regulations.

11.    All disposal fees must be paid at time of disposal. Failure to pay disposal fees may result in a suspension of disposal privileges.

12.    Failure to abide by the aforementioned landfill user rules and regulations may result in refusal of service.

B.    Prohibited Materials: The following materials will not be accepted at the solid waste landfill:

1.    Hazardous waste.

2.    Untreated bio-hazardous waste.

3.    Radioactive waste.

4.    Regulated liquid waste.

5.    Any other regulated waste without prior approval of the Director or designee.

6.    Auto batteries.

7.    Sewage, septic, or water treatment sludge that has not been dewatered.

8.    Transformers, capacitors, and large electrical equipment containing liquids or polychlorinated biphenyls.

9.    Universal waste.

10.    Motor driven equipment. Some vehicle parts are accepted as long as they do not contain fluids.

11.    Friable asbestos.

12.    Petroleum contaminated soil with concentrations over four thousand one hundred (4,100) milligrams/kilogram.

13.    Lead-based paint debris unless accompanied by an exceptional waste acceptance form signed by the Director or designee.

14.    Any material originating from an environmental remediation unless accompanied by an exceptional waste acceptance form signed by the Director or designee.

15.    Compressed gas bottles unless punctured.

16.    Drums, plastic or metal, unless rinsed with tops and bottoms cut out.

17.    Pesticide containers unless triple rinsed, with tops and bottoms cut out.

18.    Any industrial or commercial process waste.

19.    Tires.

C.    Disposal of Infectious, Radioactive and Hazardous Waste: The following regulations shall apply to any generator of bio-hazardous medical waste as defined under Arizona Administrative Code R18-13-1401, as it may be amended from time to time, with the exception of a household generator residing in a private, public, or semi-public residence who generates bio-hazardous medical waste in the administration of self care or the agent of the household generator who administers the medical care. This exemption does not apply to the facility in which a person resides if that facility is licensed by the Arizona Department of Health Services. Treated bio-hazardous medical waste is considered to be bio-hazardous medical waste that has been treated and that meets the treatment standards of Arizona Administrative Code R18-13-1415. These wastes may be acceptable at solid waste disposal facilities under the following conditions:

1.    Prior approval for disposal, including approval of the treatment methodology, packaging and labeling must be obtained from the Director or designee.

2.    Treatment methods and waste transportation must comply with all applicable standards set forth in A.R.S. Title 18, Article 14.

3.    If an alternative treatment method is used, the method must be registered with the Arizona Department of Environmental Quality pursuant to Arizona Administrative Code R18-13-1414 and the registration number provided prior to disposal. (Ord. 2007-40, Amended, 09/18/2007; Ord. 2016-26, Amended, 05/31/2016. Formerly 7-04-001-0008)

7-04-001-0010 FEES

The rates and charges for solid waste and recycling collection services outlined below are based on the cost of the services provided. The Director or designee may establish special rates or charges when required by unusual, unique or special needs, or to provide discounts for high-volume customers when collection efficiencies are realized.

A.    Deposit:

1.    Landfill account customers shall provide a deposit of two hundred fifty dollars ($250.00) per account.

2.    The deposit shall be refunded when:

a.    The account has been paid in a current manner for one (1) year; or

b.    The account is closed out and paid in full; or

c.    There has been no activity on the account for ninety (90) days.

3.    If an inactive or closed account is reactivated, a new deposit shall be collected or a new credit application will be required.

4.    If a customer’s service is terminated due to non-payment after the City refunds a customer’s deposit, payment of existing balance plus an additional five hundred dollar ($500.00) deposit will be required before service is resumed.

5.    Specific exemptions from deposit provisions shall apply to churches, non-profit community organizations, and other utilities.

6.    No interest shall be paid by the City upon any deposit refund.

B.    Residential Collection Fees:

1.    Automated Collection: Seventeen dollars seventy-three cents ($17.73)/month for one (1) time a week collection of the solid waste and recycling containers, once every four (4) week bulk waste collection, weekly white goods collection, access to the landfill (except construction and demolition waste), and access to the Hazardous Products Center. Billing will apply to each residential property continuously.

2.    Additional Automated Containers: Cost of the container to the City plus ten dollar ($10.00) service fee with an additional monthly service fee equaling fifty percent (50%) of the normal monthly fee.

3.    Replacing Automated Containers: Actual cost of container to the City plus ten dollar ($10.00) service fee.

4.    Special Collection Service: Special bulky waste collection will be provided upon request to residential and business customers for a fee equal to the cost for equipment, manpower, and landfill disposal, at a one-half (1/2) hour minimum rate.

5.    Residential collection fees apply whether the residence is occupied or unoccupied. The monthly service charge is based on the fixed cost of operating and maintaining the residential collection system so that the system is available to provide residential collection to the parcel when residential collection service is activated. Unoccupied parcels will continue to pay monthly service charges because residential collection service is available and may be activated and used by the property owner at any time.

C.    Commercial, Industrial, and Multifamily Residential Collection Fees:

1.    The monthly fee per service address for commercial, industrial, and multifamily residential refuse collection service shall be as follows:

REFUSE COLLECTION

LEVEL OF SERVICE 

Container Size

1X/Week

2X/Week

3X/Week

4X/Week

5X/Week

6X/Week

7X/Week

90 Gal. 1 Barrel

32.36

58.21

84.14

110.02

135.80

-

-

2 Barrels

52.35

93.19

134.16

175.04

215.78

-

-

3 Barrels

72.50

128.45

184.58

240.58

296.40

-

-

4 Barrels

92.64

163.69

234.98

306.11

377.00

-

-

195 Gal. 1 Barrel

38.49

68.83

99.48

129.96

159.85

-

-

2 Barrels

62.03

110.13

158.40

206.55

254.05

-

-

3 Barrels

85.76

151.66

217.78

283.75

349.01

-

-

4 Barrels

109.49

193.18

277.15

360.93

443.94

-

-

300 Gal. 1 Barrel

42.70

76.30

110.02

143.65

177.17

-

-

2 Barrels

68.69

121.78

175.04

228.18

281.15

-

-

3 Barrels

94.88

167.61

240.58

313.39

385.95

-

-

4 Barrels

121.06

213.43

306.11

398.57

490.73

-

-

2 Cu. Yd. 1 Bin

53.01

94.33

135.80

177.17

218.40

273.53

331.41

2 Bins

84.97

150.27

215.78

281.15

346.30

433.40

524.85

3 Bins

117.18

206.64

296.40

385.95

475.20

594.53

719.82

4 Bins

131.46

231.44

331.76

431.84

531.59

664.95

804.97

3 Cu. Yd. 1 Bin

63.31

112.37

161.59

210.70

259.64

325.07

393.78

2 Bins

101.25

178.76

256.53

334.12

411.45

514.83

623.39

3 Bins

139.49

245.68

352.22

458.52

564.46

706.10

854.82

4 Bins

156.39

275.07

394.14

512.94

631.34

789.64

955.85

4 Cu. Yd. 1 Bin

73.78

130.68

187.78

244.74

301.52

377.42

457.12

2 Bins

117.78

207.70

297.91

387.91

477.62

597.54

723.47

3 Bins

162.14

285.32

408.91

532.22

655.11

819.41

991.93

4 Bins

181.71

319.37

457.50

595.30

732.65

916.27

1109.08

5 Bins

213.28

374.57

536.41

697.87

858.79

1073.93

1299.83

6 Bins

243.10

426.71

610.93

794.73

977.91

1222.82

1479.98

7 Bins

266.17

467.02

668.55

869.60

1069.99

1337.89

1619.20

8 Bins

289.41

507.64

726.61

945.06

1162.79

1453.88

1759.52

6 Cu. Yd. 1 Bin

94.26

166.53

239.05

311.39

383.49

479.89

581.11

2 Bins

150.15

264.34

378.91

493.22

607.14

759.45

919.37

3 Bins

206.49

362.93

519.89

676.48

832.56

1041.22

1260.32

4 Bins

231.27

406.10

581.52

756.54

930.96

1164.17

1409.03

5 Bins

271.34

476.19

681.72

886.77

1091.14

1364.37

1651.27

6 Bins

309.20

542.38

776.35

1009.77

1242.42

1553.45

1880.04

7 Bins

338.48

593.56

849.50

1104.84

1359.33

1699.57

2056.82

8 Bins

367.97

645.13

923.22

1200.65

1477.17

1846.85

2235.02

8 Cu. Yd. 1 Bin

114.98

202.79

290.89

378.79

466.40

583.52

706.50

2 Bins

182.89

321.63

460.83

599.71

738.12

923.18

1117.49

3 Bins

251.33

441.41

632.11

822.38

1012.01

1265.53

1531.74

4 Bins

281.39

493.81

706.95

919.59

1131.52

1414.86

1712.37

5 Bins

330.07

578.96

828.68

1077.81

1326.12

1658.10

2006.67

6 Bins

376.04

659.37

943.64

1227.24

1509.90

1887.81

2284.61

7 Bins

411.60

814.03

1164.86

1514.87

1863.72

2330.11

2819.82

8 Bins

447.42

784.17

1122.05

1459.13

1795.09

2244.26

2715.89

2.    The monthly fee per service address for commercial, industrial, and multifamily residential recycling collection service shall be as follows:

RECYCLING

Level of Service 

Container Size

1X/Week

2X/Week

3X/Week

4X/Week

5X/Week

90 Gal. 1 Barrel

22.23

28.89

35.54

42.29

49.06

2 Barrels

26.67

34.67

42.65

50.75

58.87

3 Barrels

31.21

40.57

49.90

59.38

68.88

4 Barrels

35.57

46.25

56.88

67.69

78.52

195 Gal. 1 Barrel

27.04

35.15

43.24

51.45

59.68

2 Barrels

32.45

42.18

51.88

61.74

71.62

3 Barrels

37.96

49.35

60.70

72.24

83.80

4 Barrels

43.28

56.26

69.20

82.35

95.53

300 Gal. 1 Barrel

26.67

34.67

42.65

50.75

58.87

2 Barrels

32.01

41.61

51.18

60.90

70.65

3 Barrels

37.45

48.68

59.88

71.25

82.66

4 Barrels

42.69

55.50

68.26

81.23

94.23

2 Cu. Yd. 1 Bin

32.01

41.61

51.18

60.90

70.65

2 Bins

38.41

49.93

61.41

73.08

84.77

3 Bins

44.94

58.42

71.85

85.51

99.19

4 Bins

51.23

66.60

81.91

97.48

113.07

3 Cu. Yd. 1 Bin

38.41

49.93

61.41

73.08

84.77

2 Bins

46.09

59.92

73.70

87.70

101.73

3 Bins

53.92

70.10

86.22

102.61

119.02

4 Bins

61.47

79.91

98.30

116.97

135.69

4 Cu. Yd. 1 Bin

46.09

59.92

73.70

87.70

101.73

2 Bins

55.31

71.90

88.43

105.24

122.08

3 Bins

64.71

84.12

103.47

123.13

142.83

4 Bins

73.77

95.90

117.95

140.37

162.82

6 Cu. Yd. 1 Bin

55.31

71.90

88.43

105.24

122.08

2 Bins

74.66

97.06

119.39

142.07

164.80

3 Bins

94.08

122.30

150.43

179.01

207.65

4 Bins

113.36

147.37

181.27

215.71

250.22

8 Cu. Yd. 1 Bin

66.37

86.28

106.12

126.29

146.49

2 Bins

89.60

116.48

143.26

170.48

197.76

3 Bins

112.89

146.76

180.51

214.81

249.18

4 Bins

136.03

176.84

217.52

258.85

300.26

3.    Exceptional Services:

a.    Return to blocked bin: Fifteen dollars thirty-one cents ($15.31).

b.    Extra pick-up (scheduled): Ten dollars twenty-one cents ($10.21) x cubic yard size of container.

c.    Extra pick-up (unscheduled): Fifteen dollars thirty-one cents ($15.31) x cubic yard size of container.

d.    Other: Actual cost of service.

D.    White Goods Collection: White goods will be collected for a fee of thirty-three dollars sixty-three cents ($33.63) per unit for appliances and freezers/refrigerators with the refrigerant, oil and compressors removed with proper documentation, and fifty-five dollars seven cents ($55.07) per unit for appliances with refrigerant, oil and compressors in place.

E.    Hoist and Haul:

1.    Minimum charge of one (1) pull per month, for City owned containers. From May through October the City may charge a minimum of two (2) pulls per month.

2.    Customer Owned Container: The cost shall be one hundred twenty dollars seventy-five cents ($120.75) per pull for overhead costs plus the posted landfill tipping fee per ton for landfill disposal costs.

3.    Recycling Compactor: One hundred fifteen dollars seventy-five cents ($115.75) per pull for overhead costs plus the current Norton Environmental recycling fee.

4.    City Owned Container: The cost shall be one hundred forty-one dollars seventy-five cents ($141.75) per pull for forty (40) yard containers and one hundred twenty-six dollars ($126.00) per pull for twenty (20) and thirty (30) yard containers, plus the posted landfill tipping fee per ton for landfill disposal costs.

5.    Exceptional Services: Actual cost.

F.    Any service required that does not fit into the above fee schedules must have an alternative payment schedule approved by the Director or designee. Such schedule will be in writing and signed by both parties.

G.    Replacement Fees: Should a bin or roll-off (hoist and haul) container need replacement as per Section 7-04-001-0007, the replacement costs shall be equal to the actual replacement cost to the City plus a fifty dollar ($50.00) service fee.

H.    Landfill Fees: Landfill fees shall be calculated at the actual cost per ton plus an additional amount to be determined by City Council to establish a capital account to fund future projects and equipment purchases. The City shall establish a legal reserve within the Environmental Services Fund for the purpose of funding costs of closing the landfill as required by the EPA or its designee. Monies shall be appropriated and set aside monthly in an amount to meet the estimated capital costs, to include liner system, methane collection and cover material. Interest shall accrue to this account to be used for all the same purposes mentioned above.

1.    Environmental Maintenance Facility Fee: In addition to the landfill tipping fees outlined below, the City shall collect a fee of two dollars fifty cents ($2.50) per ton to fund the facilities that support the activities associated with municipal solid waste collection. Monies shall be allocated annually in the amount of two dollars fifty cents ($2.50) of the per-ton tipping fee on scaled tonnage based on the posted landfill tipping fee. Environmental maintenance facility fee funds shall be used, in part, to service the debt associated with construction of the core services maintenance facility. The City shall establish a legal reserve fund for this purpose. Interest shall accrue to this account to be used for all of the same purposes mentioned above.

The two dollars fifty cents ($2.50) per ton fee referenced in this subsection shall remain in effect until retirement of the debt associated with construction of the core services maintenance facility.

2.    The landfill dumping rates for each user category shall be as follows, plus all applicable State and Federal taxes:

    Category 1: City residents who pay for City of Flagstaff water and refuse services will be charged the following fees to use the landfill:

Type of Refuse

Cost

Residential solid waste

$44.42 per ton (if less than one ton there is no charge)

Construction and demolition material (less than one ton)

$20.00 per pickup truck, additional $20.00 per trailer

Construction and demolition material (greater than one ton)

$44.42 per ton

Green waste (tree limbs, logs/stumps and Xmas trees)

Free *Note: pine needles and leaves are NOT green waste

White goods

Free

Electronics

Free (must be disposed at HPC)

Freon evacuation for household units2

Free

Unsecured load charge (i.e., load not covered or tied down)

$20.00 additional charge per unsecured load

    Category 2: Non-City Residents who live in Coconino County and City residents who do not pay for City of Flagstaff water and refuse services will be charged the following fees to use the landfill:

Type of Refuse

Cost

Residential solid waste (bagged)

$2.00 per bag

Residential solid waste (less than one ton)

$20.00 per pickup truck, additional $20.00 per trailer

Residential solid waste (greater than one ton)

$44.42 per ton

Construction and demolition material (less than one ton)

$20.00 per pickup truck, additional $20.00 per trailer

Construction and demolition material (greater than one ton)

$44.42 per ton

Green waste (tree limbs, logs/stumps and Xmas trees)

Free *Note: pine needles and leaves are NOT green waste

White goods

$8.49 per item (refrigerant must be evacuated prior to disposal1,2)

Electronics

Must be disposed at HPC

Unsecured load charge (i.e., load not covered or tied down)

$20.00 additional charge per unsecured load

    Category 3: Commercial hauled refuse (including refuse hauled by licensed solid waste collection companies) from within City.

    Notice: It is required that all commercial haulers wear reflective vests, safety shoes, and hard hats upon crossing the administration and scale house boundary.

Type of Refuse

Cost

Commercial solid waste

$44.42 per ton (minimum charge of one ton)

Green waste (tree limbs, logs/stumps and Xmas trees)

$44.42 per ton *Note: pine needles and leaves are NOT green waste

White goods

$8.49 per item (refrigerant must be evacuated prior to disposal1,2)

Metal only (recycle fee)

Current Norton Recycling fee $32.25 per ton

Electronics

Must be disposed at HPC

Exceptional waste (e.g., asbestos)

$44.42 per ton plus $20.00 one time handling fee

Unsecured load charge (i.e., load not covered or tied down)

$20.00 additional charge per unsecured load

    Category 4: Refuse hauled from outside the County.

Type of Refuse

Cost

For all items accepted at landfill

$86.59 per ton

1    Hazardous Products Center (HPC) staff will evacuate refrigerant for a fee of $27.90 per unit. Please call (928) 213-2159 for more information.

2    If you have a unit evacuated elsewhere (not at the landfill), you must submit an appliance disposal form if you intend on disposing of the unit at the landfill.

•    Per unit appliance fees are still applicable when an appliance disposal form is submitted to landfill staff.

•    If an appliance disposal form is not submitted to landfill staff, evacuation fees will apply.

a.    Fees may be waived or reduced for clean soil, rubble and other inert material that can be used as alternative daily cover, provided material is approved by the Director or designee and is beneficial to the City.

b.    Inert Material: The rate for haulers disposing of inert material (dirt, rock and clean concrete) will be as follows:

    Varying Fee Schedule Based on Job Size:

(1)    One (1) cubic yard (C.Y.) to five thousand (5,000) C.Y.: two dollars twenty-five cents ($2.25) per C.Y.

(2)    Over five thousand (5,000) C.Y. to be negotiated by the Director or designee.

c.    White Goods Disposal: Disposal of white goods/appliances and freezers/refrigerators from business establishments with the refrigerant, oil and compressors removed with proper documentation is eight dollars forty-nine cents ($8.49) per unit or twenty-seven dollars ninety cents ($27.90) per unit with refrigerant, oil and compressors still in place. Landfill customers paying the City residential solid waste service charge may dispose of refrigerators/freezers with refrigerants free of charge. Landfill customers not paying the City residential solid waste service charge may dispose of refrigerators/freezers with refrigerant for a fee of twenty-seven dollars ninety cents ($27.90) per unit.

I.    Environmental Management Fee: An environmental management fee of four dollars ($4.00) per month per City utility bill shall be charged to fund Citywide environmental programs, including, but not limited to, environmental management, brownfield land recycling, sustainability, environmental code enforcement, and conservation education programs.

The environmental management fee applies to all utility bills calculated and sent to customers on a monthly basis. (Ord. 1821, Amended, 10/05/1993; Ord. 1845, Amended, 11/01/1994; Ord. 1887, Amended, 08/29/1995; Ord. 1920, Amended, 09/03/1996; Ord. 1954, 09/02/1997; Ord. 1986, Amended, 12/01/1998; Ord. 2000-09, Amended, 05/02/2000; Ord. 2002-19, Amended, 11/19/2002; Ord. 2002-19, Amended, 12/23/2002; Ord. 2003-01, Amended, 01/07/2003; Ord. 2007-40, Amended, 09/18/2007; Res. 2008, Amended, 10/07/2008; Res. 2009-51, Amended, 11/03/2009; Res. 2010-27, Amended, 05/03/2010; Ord. 2012-07, Amended, 05/29/2012; Ord. 2014-19, Amended, 07/15/2014; Ord. 2016-26, Amended, 05/31/2016. Formerly 7-04-001-0009)

7-04-001-0011 DELINQUENT ACCOUNTS

A.    All payments shall be due by the due date on the statement.

B.    An account shall be considered to be delinquent on the tenth day of the month following the month in which service was provided by the City.

C.    An account that is not paid by the due date shall be charged a penalty of ten percent (10%) of the accumulated delinquent fees per month.

D.    If a solid waste collection account is not paid by the due date, the Director or designee may cease all collection for that account unless otherwise directed by the City Manager. Service shall be resumed thereafter only on payment of the accumulated delinquent fees for the period of collection plus accrued penalties, unless the City Manager specifically directs otherwise.

E.    If a landfill account is not paid by the due date, the Director or designee may discontinue charging privileges until such time as the account is paid in full. Upon payment in full of the delinquent balance the landfill customer may re-establish charging privileges at the landfill, upon payment of a one thousand dollar ($1,000.00) deposit, unless the City Manager specifically directs otherwise.

F.    Legal Remedy: The stoppage of services hereinbefore authorized for nonpayment of collection charges shall be in addition to the right of the City to proceed for the collection of such unpaid charges in a manner provided by law for the collection of a municipal claim. (Ord. 1764, Amended, 07/22/1992; Ord. 1845, Amended, 11/01/1994; Ord. 1986, Amended, 12/01/1998; Ord. 2007-40, Amended, 09/18/2007; Ord. 2016-26, Amended, 05/31/2016. Formerly 7-04-001-0010)

7-04-001-0012 BURNING SOLID WASTES

It shall be unlawful to attempt to burn solid wastes within the corporate limits of the City. (Ord. 1609, Amended, 02/21/1989; Fire Protection Regulation FPR-001; Ord. 2007-40, Amended, 09/18/2007; Ord. 2016-26, Amended, 05/31/2016. Formerly 7-04-001-0011)

7-04-001-0013 LICENSED SOLID WASTE COLLECTION COMPANY

A.    General: No person, except as otherwise expressly provided in this chapter, shall collect or remove any recyclables or other solid waste of any kind from the premises of any person, firm or company within the City, unless such person has first obtained from the City’s tax, licensing and revenue section a license to conduct such collection or removal, as hereinafter provided.

B.    Exceptions to License Requirements: Notwithstanding the foregoing, no license shall be required of:

1.    An actual producer or property owner who personally removes and disposes of solid waste in accordance with Section 7-04-001-0004(A);

2.    An arborist or gardening, landscaping or similar contractor who removes and disposes of solid waste incident to the conduct of such business.

C.    Application: An application for a solid wastes collection license shall be made in conformity with the general requirements of Section 3-01-001-0005 relating to applications for licenses. The applicant shall also state the number of vehicles intended for operation or use in said business and what method of disposal and the place thereof are proposed by the applicant. Applications for new licenses shall be approved by the Director or designee with respect to health, sanitation and safety provisions of the Code. Applications for renewal of licenses shall be accompanied by an inspection approval certificate for each piece of equipment from the Sustainability and Environmental Management Section, dated not earlier than sixty (60) days preceding the date of application.

D.    License Fee: The annual fee for each solid waste collection company license shall be fifty dollars ($50.00).

E.    No Representation by Unlicensed Haulers: Haulers not licensed in accordance with the provisions of this section shall not represent themselves to the public as a hauler that collects or disposes of solid waste within the City.

F.    License Plate or Tag: The City’s Tax, Licensing and Revenue Section shall issue each person licensed in accordance with the provisions of this section a plate or tag for each collection vehicle used by such person in the activities licensed. Each such plate or tag shall be securely fastened and displayed at all times in a conspicuous place on each such vehicle.

G.    Term of License; License Nontransferable: Each license issued pursuant to the provisions of this section shall be valid for twelve (12) months after its date of issue and may be renewed upon application to the City’s Tax, Licensing and Revenue Section and payment of the required fees; provided, that the licensee has complied with all of the requirements of this chapter and all such other requirements as may apply to a new license application at that time. Licenses issued pursuant to the provisions of this section shall be nontransferable, and no permission or authority granted pursuant to any such license shall be delegated, subcontracted, assigned or otherwise transferred, whether for a consideration or not, although a licensee may transfer an identification plate or tag issued by the City’s Tax, Licensing and Revenue Section to a replacement vehicle or the licensee upon five (5) days’ prior written notice to the City’s Tax, Licensing and Revenue Section.

H.    Revocation of License: the Tax Collector shall be authorized to revoke the solid waste collection company license if the licensee violates the conditions under which the license was issued, the provisions of this chapter, or the regulations authorized in connection with this chapter. From the time of revocation the license shall be void, and the amount paid for the license shall be forfeited to the City. (Ord. 1986, Amended, 12/01/1998; Ord. 2007-40, Amended, 09/18/2007; Ord. 2016-26, Amended, 05/31/2016. Formerly 7-04-001-0012)

7-04-001-0014 PENALTIES

A.    Any person or company engaging in the business of solid waste collection or disposal for which a license is required under this chapter without first having obtained such license shall be subject to the provisions of Section 3-01-001-0011 regarding criminal penalties and fines.

B.    Any person or business with contamination in a recycling container may be fined forty dollars ($40.00) for each occurrence. Multiple violations may result in removal of the recycling container. Upon request, recycling containers may be returned and service resumed for an additional forty dollar ($40.00) fee. (Ord. 1609, Ren&Amd, 2/21/1989; Ord. 1642, Repealed, 11/07/1989; Ord. 1986, Amended, 12/01/1998; Ord. 2007-40, Amended, 09/18/2007; Ord. 2016-26, Amended, 05/31/2016. Formerly 7-04-001-0013)

7-04-001-0015 NOTICE OF VIOLATION

A.    The Director or designee may cause to be issued a notice of violation to any person alleged to be in violation of this chapter.

B.    If a notice of violation is issued, such notice shall contain the following:

1.    Date of the violation, a legal description of the property, the chapter(s) and section(s) which is/are being violated, and a description of the unlawful condition.

2.    Notification of possible criminal proceedings being brought against the person by the City if the unlawful condition is not abated within thirty (30) days from receipt of the notice for any violation other than for an automated collection container left curbside. For an automated collection container left curbside, the person or business must comply with the requirements of this chapter within twenty-four (24) hours of receipt of a notice.

3.    Notice to the alleged violator that, in addition to any fine or penalty which may be imposed for a violation of this chapter, the alleged violator shall be liable for all costs which may be assessed pursuant to this chapter for removing, abating, or enjoining the rubbish, trash, filth, or debris constituting the violation. The notice of violation shall contain an estimated statement of the cost of removal or abatement of the violation, including labor, disposal fees, and equipment rental. The notice shall state that, unless the person has brought the unlawful condition into compliance with this chapter within the period stated above from the receipt of the notice, the City may, at the expense of the person or business, perform the necessary work at a cost not to exceed the estimate given in the notice, plus a five percent (5%) surcharge for an additional inspection and other administrative and incidental costs in connection therewith.

C.    If the unlawful condition is not abated, the Director or designee may cause to be issued a criminal complaint or a notice of civil violation. Each day that the alleged violator fails or refuses to comply with the requirements of this chapter after expiration of the period for compliance from receipt of the notice shall constitute a separate violation and shall not require further notice to the owner, occupant, or lessee of the property upon which the violation exists. (Ord. 2007-40, Amended, 09/18/2007; Ord. 2016-26, Amended, 05/31/2016. Formerly 7-04-001-0014)

7-04-001-0016 SERVICE OF NOTICE

The notice of violation shall be personally served on the alleged violator by any duly authorized official, in the manner provided in Rule 4(d) of the Arizona Rules of Civil Procedure, or mailed to the alleged violator at the last known address by certified or registered mail. (Ord. 2007-40, Amended, 09/18/2007; Ord. 2016-26, Amended, 05/31/2016. Formerly 7-04-001-0015)

7-04-001-0017 APPOINTMENT OF HEARING OFFICER

The hearing officer for administrative hearings under this chapter shall be a judge of the Municipal Court of the City of Flagstaff. (Ord. 2007-40, Amended, 09/18/2007; Ord. 2016-26, Amended, 05/31/2016. Formerly 7-04-001-0016)

7-04-001-0018 CIVIL VIOLATION AND ADMINISTRATIVE HEARING

A.    If the City chooses to proceed on a civil violation of this chapter, the City shall serve or mail a notice of civil violation and administrative hearing to the alleged violator upon which an unlawful condition exists upon expiration of the initial period for compliance as set forth in Section 7-04-001-0015. A hearing shall be held no sooner than five (5) days after the date the notice of civil violation and administrative hearing is mailed or served. The date of mailing shall be excluded in computing the time period for a hearing under this rule. Neither the City nor the party served is required to be represented by counsel at the administrative hearing, but may be if they so choose. No pre-trial discovery shall be permitted absent extraordinary circumstances. Immediately before the hearing, both parties shall produce for inspection any exhibits and written or recorded statements of any witness which are to be offered at the hearing. Failure to produce exhibits or statements may result in the hearing officer denying admission of the evidence not produced. The hearing officer may call and examine witnesses, including the party served. All testimony shall be given under oath or affirmation. No person may be examined or cross-examined at a hearing except by the hearing officer, an attorney for a party, or the party served with the notice of civil violation and administrative hearing. The Arizona Rules of Evidence shall not apply in the hearing; any evidence offered may be admitted subject to a determination by the hearing officer that the offered evidence is relevant, material, and has some probative value to a fact at issue. The hearing officer may enter a finding for the City if the party served fails to appear for the hearing.

B.    If the hearing officer determines, after hearing the parties and considering their evidence, that the City’s notice to the party served was accurate, delivered to the proper party or parties, and that the estimated assessment for the actual cost of removal is supported by the City’s evidence, then the hearing officer shall make a finding for the City.

C.    The hearing officer shall issue a decision within five (5) days of the hearing. Intermediate Saturdays, Sundays and legal holidays shall be excluded in computing the time period for issuing a decision under this rule. The decision shall be in writing, set forth the factual basis for the decision, and be served in accordance with the provisions of Section 7-04-001-0016. (Ord. 2007-40, Amended, 09/18/2007; Ord. 2016-26, Amended, 05/31/2016. Formerly 7-04-001-0017)

7-04-001-0019 APPEAL OF DECISION AND COST OF REMOVAL

A.    The City Council shall hear and determine all appeals from a civil violation. A notice of appeal must be in writing and filed in the office of the City Clerk within five (5) days of receipt of the hearing officer’s decision. The date of receipt, and intermediate Saturdays, Sundays and legal holidays, shall be excluded in computing the time period for timely appeal.

B.    The notice of appeal shall specify the grounds for reversal of the hearing officer’s decision or cost of removal. The Council shall, at its next regular meeting after receiving the appeal, hear and determine the same by motion and resolution. The decision of the Council shall be final and may be appealed to Superior Court. (Ord. 2007-40, Amended, 09/18/2007; Ord. 2016-26, Amended, 05/31/2016. Formerly 7-04-001-0018)

7-04-001-0020 SCOPE OF REVIEW

The City Council shall have authority to affirm, reverse, amend or remand the matter to the hearing officer if it finds that the hearing officer’s decision or the cost of removal is not supported by substantial evidence, is arbitrary and capricious or is not in conformance with the law. (Ord. 2007-40, Amended, 09/18/2007; Ord. 2016-26, Amended, 05/31/2016. Formerly 7-04-001-0019)

7-04-001-0021 VOLUNTARY ABATEMENT; REMOVAL BY CITY

A.    When a person alleged to be in violation of this chapter elects to voluntarily abate the unlawful condition within the compliance period as stated in the notice of violation, the person shall notify the Director or designee after the condition has been abated. The Director or designee shall thereafter inspect the property to determine whether the condition has been brought into compliance with this chapter.

B.    If the Director or designee determines that the person is no longer in violation of this chapter, the Director or designee shall issue a notice of voluntary abatement and compliance to the person alleged to be in violation and the administrative proceeding shall be deemed closed.

C.    When any such person on whom a hearing officer’s finding of violation has been served fails, neglects or refuses to bring the unlawful condition into compliance within three (3) days from receipt of the hearing officer’s finding of violation, the Director or designee is authorized and directed to correct the violation.

D.    In the event an appeal has been filed pursuant to Section 7-04-001-0019, no action shall be taken by the City until the Council has heard and determined all matters contained in the notice of appeal. (Ord. 2007-40, Amended, 09/18/2007; Ord. 2016-26, Amended, 05/31/2016. Formerly 7-04-001-0020)

7-04-001-0022 LIEN FOR REMOVAL

If no appeal is taken from the amount assessed for removal, or if an appeal is taken and the Council has affirmed or modified the amount of the assessment, the assessment shall be recorded in the office of the County Recorder of Coconino County, Arizona, including the date and amount of the assessment and the legal description of the property. From the date of its recording, the assessment shall be a lien on said private property and the several amounts assessed against such private property until paid.

A.    Any assessment recorded under this chapter is prior and superior to all other liens, obligations, mortgages or other encumbrances, except liens for general taxes. A sale of the property to satisfy a lien obtained under the provisions of this section shall be made upon judgment of foreclosure or order of sale. The City shall have the right to bring an action to enforce the lien in the Superior Court of Coconino County at any time after the recording of the assessment, but failure to enforce the lien by such action shall not affect its validity. The recorded assessment shall be prima facie evidence of the truth of all matters recited therein, and of the regularity of all proceedings prior to the recording thereof. A prior assessment for the purposes provided in this section shall not be a bar to subsequent assessment or assessments for such purposes, and any number of liens on the same private property may be enforced in the same action.

B.    Assessments that are imposed under this section run against the property until paid and are due and payable in equal annual installments as follows:

1.    Assessments of less than five hundred dollars ($500.00) shall be paid within one (1) year after the assessment is recorded.

2.    Assessments of five hundred dollars ($500.00) or more but less than one thousand dollars ($1,000.00) shall be paid within two years (2) after the assessment is recorded.

3.    Assessments of one thousand dollars ($1,000.00) or more but less than five thousand dollars ($5,000.00) shall be paid within three (3) years after the assessment is recorded.

4.    Assessments of five thousand dollars ($5,000.00) or more but less than ten thousand dollars ($10,000.00) shall be paid within six (6) years after the assessment is recorded.

5.    Assessments of ten thousand dollars ($10,000.00) or more shall be paid within ten (10) years after the assessment is recorded.

C.    An assessment that is past due accrues interest at the rate prescribed by A.R.S. Section 44-1201. (Ord. 2007-40, Amended, 09/18/2007; Ord. 2016-26, Amended, 05/31/2016. Formerly 7-04-001-0021)

7-04-001-0023 CRIMINAL PENALTIES

A.    A person who is convicted of a violation of this chapter is guilty of a Class 1 misdemeanor and shall be sentenced as follows:

1.    First offense: not less than twenty-five dollars ($25.00), nor more than one hundred dollars ($100.00);

2.    Second offense: not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00);

3.    Third offense: not less than five hundred dollars ($500.00), nor more than two thousand five hundred dollars ($2,500.00).

B.    A judge shall not suspend any or all of the impositions of the sentence required by this section.

C.    Notwithstanding subsection B of this section, if a judge finds at the time of sentencing that by a preponderance of the evidence the violations for which the defendant has been convicted have been corrected by the defendant, and that now the defendant is in compliance with the Code, the Court may suspend all or part of the fine. (Ord. 2007-40, Amended, 09/18/2007; Ord. 2016-26, Amended, 05/31/2016. Formerly 7-04-001-0022)

7-04-001-0024 SEVERABILITY

Each section and each provision of any section of this chapter shall be deemed severable and the invalidity of any portion of this chapter shall not affect the validity or enforceability of any other portion. (Ord. 2016-26, Amended, 05/31/2016. Formerly 7-04-001-0023)