ARTICLE I. IN GENERAL1
14-1 Purpose.
The purpose of these provisions (sections 14-1 through 14-10) is to protect the health and welfare of the citizens of Burlington, to promote energy and resource conservation and to protect the environment. The city council hereby adopts these provisions to regulate the separation, recovery, collection, removal, storage and disposition of solid waste, including recyclables, in the city.
(Ord. of 6-3-91)
14-2 Definitions.
The following definitions shall apply to this article:
Authorization by the City of Burlington: Authorized pursuant to a legal contract or other written authorization entered into by the city and a private third person as defined herein.
Curbside: An area adjacent to the street, curb, or roadside ditch, but in no case greater than ten (10) feet from the curb or roadside nor directly on the traveled portion of any road or sidewalk.
Designated area: An area selected for placement of solid waste for collection, which must be readily accessible at all times by a conventional solid waste collection vehicle and not directly on the traveled portion of any public road or sidewalk. An area may be so designated through mutual agreement between a person and their hauler. However, the location of a designated area shall not violate any applicable local or municipal ordinance.
Hauler: Any person who collects, transfers, or transports solid waste generated within Chittenden Solid Waste District borders for compensation, including any operator of a vehicle or trailer, or a container on or attached to such vehicle or trailer, to collect solid waste from self-haulers.
Hazardous waste: Any waste or combination of wastes of a solid, liquid, contained gaseous, or semi-solid form, including those that are toxic, corrosive, ignitable, reactive, strong sensitizers, or that generate pressure through decomposition, heat, or other means, that in the judgment of the Secretary may cause or contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, taking into account the toxicity of such waste, its persistence and degradability in nature, and its potential for assimilation, or concentration in tissue, and other factors that may otherwise cause or contribute to adverse acute or chronic effects on the health of persons or other living organisms, or any matter that may have an unusually destructive effect on water quality if discharged to ground or surface waters of the State. All special nuclear, source, or by-product material, as defined by the Atomic Energy Act of 1954 as subsequently amended and codified in 42 U.S.C. Section 2014, is specifically excluded from this definition.
Household hazardous waste: Any waste from households that would be subject to regulation as hazardous wastes if it were not from households.
Person: Any person, firm, partnership, association, corporation, company or organization of any kind.
Recyclable: Solid waste which may be reclaimed or processed so that it may be used in the production of materials or products.
Self-hauler: Any person who transports and delivers his or her own solid waste or solid waste from other individuals within a member municipality for no compensation.
Solid waste: Any solid waste as defined in Title 10 V.S.A. Section 6602.
(Ord. of 6-3-91; Ord. of 11-7-22)
14-3 Solid waste regulation.
In accordance with section 48(VI) of the City Charter, the collection, removal and disposal of all solid waste, including recyclables, within the limits of the city shall be regulated by the city council. Any regulations necessary and appropriate to effectuate the aims of this chapter may be proposed by the public works commission for approval by the city council.
(Ord. of 6-3-91; Ord. of 11-7-22)
14-4 Collection.
(a) The city council is authorized to employ or make contracts with individual persons for the separation, recovery, collection, removal, storage or disposition of solid waste, including recyclables. Contracts will be reviewed and awarded by the city council and/or the public works commission consistent with current city policy. Contracts which are awarded pursuant to this authority shall be advertised or otherwise put to competitive bid as required by city policy. Contracts may be rejected or awarded at the sole discretion of the city for any reasons which it deems appropriate, including, but not limited to, the efficiency of scale, past performance, stability of operation and need for competition.
(b) All collectors and haulers of solid waste and recyclables in the city shall register with the department of public works and such registration shall constitute authorization to collect and dispose of solid waste and recyclables. Registrants may be required to provide information necessary to assure the proper handling of such materials. The public works commission, with city council approval, may establish other requirements, including a registration fee, necessary to carry out these provisions.
(c) Those businesses, landlords or institutions that elect to implement their own collection or disposal programs may do so only with the approval of the public works commission and shall register with the department of public works, which shall have the authority to monitor such programs for compliance with any provision of this chapter.
(d) The department of public works may establish, and modify as necessary, a schedule for the collection of recyclables by the city from residential properties.
(Ord. of 6-3-91; Ord. of 11-7-22)
14-5 Reserved.
Editor’s note—An ordinance adopted November 7, 2022, deleted § 14-5 which pertained to solid waste public safety and derived from ordinance of June 3, 1991.
14-6 Illegal dumping.
(a) It shall be unlawful for any person, business or corporation to enter any city solid waste facility when such facility is not open; nor shall they deposit, dump or leave solid waste of any kind in any such facility or adjacent thereto, whenever the facility is open without the express permission of the authorized operator of said facility.
(b) It shall be unlawful for any person to deposit, dump or leave solid waste in any privately owned or maintained disposal container other than their own, nor any other private property, without the consent of the owner.
(c) It shall be unlawful to deposit in a municipally owned or maintained disposal container any solid waste other than that created or originated in any public buildings, grounds, highways or on the person of anyone using such public buildings, grounds or highways without the express permission of the city department having control over such container.
(Ord. of 6-3-91)
14-7 Open fires and incinerators.
The burning or incineration of any solid waste or recyclables in the city is prohibited. No exemptions from this prohibition shall be made except that after review by the fire department, the city council may grant an exception due to extraordinary circumstances to maintain or protect the public good or for a special event in the city. Provided further, that this section shall not be applicable to fire department training sessions, campfires which are regulated by the parks department or to residential outside cooking units.
(Ord. of 6-3-91)
14-8 Solid waste in proper container; separation and storage of recyclables.2
(a) No person having the custody or control of residential, industrial or business premises in the city from which solid waste, including recyclables, is collected shall permit or cause any solid waste, including recyclables, within their control to become a hazard to public travel, health or safety or to become a nuisance of any sort. Solid waste, other than yard waste, and household hazardous wastes may not be deposited or otherwise left out-of-doors unless it has been placed in the proper container.
(b) Except as hereinafter provided, recyclables from all residences shall be kept separate from other solid waste in a covered wheeled recycling container with a minimum capacity of thirty-five (35) gallons either provided or approved by the department of public works ("toters"), except as provided for in Section 18-111, and either delivered to a collection facility or placed at the curbside or designated area for pickup.
(c) Businesses, institutions and industries located within the city shall separate recyclables from all other solid waste. Once separated, such materials shall be placed in city-approved containers and in clearly marked designated areas.
(d) Any person within the city may properly dispose of recyclables at private collection facilities or at collection areas maintained by the city or its designated agent for that purpose.
(e) Placement requirements may be waived by the department of public works if for reasons of age or disability a resident is unable to comply.
(Ord. of 6-3-91; Ord. of 11-7-22)
14-9 Collection by unauthorized person.
It shall be a violation of this article for any person not authorized by or registered with the city to collect or pickup or cause to be collected or picked up for profit or for disposal outside of city authorized disposal sites any solid waste, including recyclables. Any and each such collection shall constitute a separate and distinct offensive punishable as hereinafter provided.
(Ord. of 6-3-91)
14-10 Penalties and enforcement.3
(a) A violation of any provision of this chapter shall constitute a civil offense enforceable under Section 1-9. Each day that a violation is continued shall constitute a separate offense.
(b) The city, or its designated agent, reserves the right to refuse to collect solid waste or to refuse to allow disposal at any facility operated by the city or for the benefit of the city where the provisions of this chapter are ignored or violated. The city further reserves the right to terminate the authorization of any hauler who violates the provisions of this chapter.
(c) Unless otherwise provided for herein, each day that a violation shall continue or exist shall constitute a separate offense.
(d) The city may, upon the violation of any provision of this chapter, bring an action for injunctive relief in addition to or in lieu of any fine imposed under Section 1-9.
(e) Expenses incurred by such action taken by the city shall be recovered against the person whose legal duty it was to comply with these provisions.
(Ord. of 6-3-91; Ord. of 3-26-01; Ord. of 11-7-22)
14-11 Inconsistent repeal.
All ordinances or parts of ordinances, resolutions, regulations or other documents inconsistent with the provisions of the ordinance from which this article was derived are hereby repealed to the extent of such inconsistency.
(Ord. of 6-3-91)
14-12 Severability.
The ordinance from which this article derives and the various parts, sentences, sections and clauses thereof are hereby declared to be severable. If any part, sentence, section or clause is adjudged invalid, it is hereby provided that the remainder of this article shall not be affected thereby.
(Ord. of 6-3-91)
14-13 Effective date.
The November 7, 2022, amendments to this article shall be effective on May 1, 2023.
(Ord. of 6-3-91; Ord. of 11-7-22)
14-14 Solid waste generation tax.
(I) GENERAL PROVISIONS:
(a) Title. This section may be cited as the "Solid Waste Generation Tax Ordinance."
(b) Purpose and authority. This section is enacted to raise revenue for recycling purposes under authority of the Charter of the City of Burlington, Act No. 298, Acts of 1949, as amended, Sections 48VI and 49.
(II) TAXES IMPOSED:
(a) There is hereby imposed a tax upon the collection and removal of solid waste and the disposal of same by persons or agencies registered with the City of Burlington under Section 14-4(b) or licensed by any other government entity to collect or haul solid waste from within Burlington.
(b) The tax shall be imposed upon solid waste haulers and collectors at the rate per month per residential dwelling unit served in Burlington set forth in the city’s budget or as established by resolution of the city council. The amounts of tax charged are not refundable.
(c) Compliance required. It shall be unlawful for any person to transact or carry on any solid waste collecting or hauling business, occupation or activity within Burlington subject to the provisions of this section without complying with all applicable provisions herein.
(III) DEFINITIONS:
In addition to the definitions set out in section 14-2, for the purposes of this section the following terms, phrases, words and their derivations shall have the meanings given herein:
(a) Council means the city council of the City of Burlington, Vermont.
(b) Monthly period means such period which shall begin on the first day of each calendar month and includes the last day of each calendar month.
(c) Residential dwelling unit shall mean a room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.
(d) Successor means any person who shall, through direct or mense conveyance, purchase or succeed to the business, or portion thereof, or the whole or any part of the stocks, goods, wares or merchandise or fixtures or any interest therein of a taxpayer quitting, selling out, exchanging or otherwise disposing of his business. Any person obligated to fulfill the terms of a contract shall be deemed a successor to any contractor defaulting in the performance of any contract as to which such person is a surety or guarantor.
(e) Sworn statement shall mean an affidavit sworn to before a person authorized to take oaths or a declaration or certification made under penalty of perjury or an accounting of gross receipts of business done as required to be filed under this section.
(f) Taxpayer includes any individual, group of individuals, corporation, partnership or association required to pay a tax under this section, or any person who engages in any occupation for which tax is imposed by this section.
(g) Treasurer means the treasurer of the City of Burlington or his/her designated representative.
(h) Uncollectible account means an account held by a hauler or collector for provision of collection services to residential dwelling unit(s) which has become delinquent and the hauler or collector has cancelled that account.
(IV) TAX—WHEN DUE:
(a) Application for tax identification number; required information; issuance; failure to file deemed violation. Every taxpayer subject to the provisions of this section shall file within fifteen (15) days of the effective date hereof an application with the department of public works for an identification number. This application shall contain the legal name of the taxpayer, any trade name(s) employed, the address, principal place of business, phone number, authorized agent for service of process, the number of Burlington residential dwelling units served by the taxpayer in the preceding month and any other information required by the department of public works solid waste regulations. Upon receipt of a complete application, the department shall issue to each taxpayer an identification number. Failure of a taxpayer, or anyone reasonably likely to be a taxpayer as herein defined at the time that levy of the taxes herein commences, to file for an identification number shall be a violation.
(b) Remittance. The tax imposed by this section shall be due and payable commencing October 31, 1993, in monthly installments and remittance therefor shall be made on or before the last day of the month next succeeding the end of the monthly period in which the tax accrued. The remittance shall be made as provided in this section and shall be accompanied by a return on a form to be provided and prescribed by the city treasurer. The taxpayer shall be required to make a sworn statement that the information therein given is complete and true and that the taxpayer knows the same to be so.
(c) Assessment of tax upon failure to file return. If a person fails to file a return or a complete return under oath when required to do so by this section, the treasurer or department of public works shall fix his [their] liability using any information in their possession for the period in respect to which such person has failed to file a return and shall assess the amount of tax due including applicable penalties.
(d) When delinquent. The tax shall be considered delinquent on the day after it becomes due and payable pursuant to subsection (b) above.
(e) Statement of balance due; limitation. If it is determined that a taxpayer has failed to pay any tax, penalty or portion thereof due under this section, the taxpayer shall be mailed a statement showing the balance due and shall add thereto a thirteen dollar ($13.00) late penalty payment or interest at the rate of twelve (12) percent per year, whichever is greater. That unpaid balance and penalty total shall be subject to interest at a rate of twelve (12) percent per year from the date of underpayment. Such interest shall accrue until the date of payment. Within five (5) days from the date the statement is mailed, the taxpayer shall pay such balance and all interest due thereon. No such demand shall be made more than four (4) years after the close of the fiscal year in which the same accrued, except:
(1) As against a taxpayer who has been guilty of fraud or misrepresentation of material facts; or
(2) Where a taxpayer has executed a written waiver of such limitation.
(f) Closing returns for businesses closing or changing ownership. In the event any business subject to the tax defined herein closes or changes ownership, such business shall file a closing return with the department of public works and pay the tax due within thirty (30) days from the time of closing or changing or ownership of such business. A closing return shall be construed delinquent if not filed within the specified time. In the event a business referenced above fails to file a closing return, it shall be the responsibility of the successor to file the return and pay any taxes and penalties due thereunder.
(g) Notification upon change of type of business or activities. It shall be the responsibility of the taxpayer to advise the department of public works of any change in the type of business or the activities carried on or other required information.
(h) Extension. For good cause and for not more than ninety (90) days the time for paying any sum, or a portion thereof, required to be paid hereunder may be extended by the department of public works. The extension may be granted at any time, provided a written request therefor is filed with the city treasurer prior to the delinquency date. Interest at the rate herein stated shall accrue during the period of extension.
(V) PAYMENT OF TAX:
At the time the return is required to be filed under this section, the tax shall be paid to the department of public works by bank draft, certified check, cashier’s check, personal check or money order, or in cash. If payment is made by draft or check, the tax shall not be deemed paid unless the check or draft is honored by the usual course of business; nor shall the acceptance of any sum by the treasurer be an acquittance or discharge of the tax due unless the amount of the payment is in full and actual amount due. The return shall be presented to the department of public works who shall endorse thereon the date and amount of the payment received by him and forthwith file the return in the office of the city treasurer.
(VI) EXAMINATION OF RECORDS:
(a) The director of public works or his/her designee is hereby authorized to request, examine, audit and inspect such books and records of any taxpayer as may be relevant or necessary to verify or ascertain the amount of the tax due.
(b) All persons engaged in occupations subject to the provisions of this section are hereby required to permit examination of such books and records for the purpose aforesaid.
(VII) INFORMATION CONFIDENTIAL:
(a) Financial information furnished or secured pursuant to this section shall be deemed confidential in character and shall not be subject to public inspection and shall be kept so that the contents thereof shall not become known except to the persons charged with the administration and enforcement of this section.
(b) No officer, administrator or employee of the City of Burlington shall in any manner reveal the contents of any part or portion of the contents of any confidential information except as otherwise provided in this section, or in a legal action to enforce the provisions of this section, or pursuant to a court order.
(VIII) RECONSIDERATION AND APPEAL:
(a) Any person aggrieved by any decision of the director of public works with respect to the assessment of any tax or penalty by the director of public works, or any person aggrieved by the refusal of the director of public works to make a refund requested under paragraph (I), may petition the director of public works for a reconsideration within sixty (60) days after notice shall have been given such person. If a petition for reconsideration is not filed within such period, the amount of the assessment or the refusal to refund shall become final. If a petition is filed within such period, the director of public works shall reconsider the earlier action within twenty (20) days and, if the petitioner so requested in the petition, shall grant such petitioner an oral hearing and shall give the petitioner ten (10) days’ notice of the time and place thereof. The director shall issue a final determination in writing to the petitioner within ten (10) days of the petition or the close of the hearing, whichever is later.
(b) An appeal from any decision of the treasurer [director] issued under subsection (a) above shall be taken to the Chittenden Superior Court under V.R.C.P. 75
(c) If an appeal is not taken in strict conformance to this paragraph (VIII), the decision of the director shall be final. The remedies provided by this paragraph (VIII) shall be the exclusive remedies of a taxpayer with respect to any decision taken under this section. Upon failure to petition or appeal as provided under this section, the taxpayer shall be bound by such decision and shall not thereafter contest, either directly or indirectly, such decision in any proceeding, including, without limitation, any proceeding brought to enforce any provision of this section.
(IX) CREDITS AND REFUNDS:
(a) If a solid waste hauler or collector makes a payment of this tax based in whole or in part upon services provided to residential dwelling units and such unit(s) have become uncollectible accounts, the hauler or collector shall be entitled to a credit for any portion of taxes which were paid on such uncollectible account(s).
(b) In the event of overpayment of any tax due under this section, the director of public works, or his/her authorized agent, upon written application by the taxpayer for a refund or credit filed within two (2) years after the date of such overpayment, may offset the amount of such overpayment against the taxpayer’s existing tax liability under this section or certify the request for refund for the purpose of processing a cash payment to such taxpayer. Refund of overpayment as authorized in this paragraph (IX) shall be approved by the city council.
(c) No refund or credit may be allowed with respect to any payments made to the city more than two (2) years before the date of such application. Provided, however, where a taxpayer makes application for a refund or credit of any overpayment made more than two (2) years before the date of such application and such taxpayer has an outstanding tax deficiency, the amount of the refund or credit which would otherwise be allowable for the portion of the assessment period preceding the two-year period shall be offset against any such deficiency.
(X) FAILURE TO COMPLY; FALSE RETURNS OR STATEMENTS; LICENSE SUSPENSION OR REVOCATION OF AUTHORIZATION TO COLLECT AND HAUL SOLID WASTE:
It shall be unlawful for any person subject to the provisions of this section to fail or refuse to do any act required by this section. It shall also be a violation of this section for any person to make any false or fraudulent application, or return, or any false statement or any representation in or in connection with any such application or return, or to aid or abet another in any attempt to evade payment of the tax, or any part thereof. Any such violation shall be grounds for administrative suspension or revocation of authorization to collect and haul solid waste from within the city and for other penalties and enforcement as provided in section 14-10.
(XI) COLLECTION OF DELINQUENT TAX:
Any tax due and unpaid and delinquent under this section, and all penalties thereon, may be collected by civil action, which remedy shall be in addition to any and all existing remedies provided by section 14-10.
(XII) TAX AS A DEBT:
The amount of the tax and penalty imposed by the provisions of this section shall be deemed a debt to the city.
(XIII) REMEDIES CUMULATIVE:
(a) All remedies prescribed in this section shall be cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions thereof.
(b) The conviction and punishment of any person for violation of this section shall not excuse or exempt such person from the payment of any tax due or unpaid at the time of such conviction.
(XIV) Reserved.
(Ord. of 10-12-93; Ord. of 6-13-94; Ord. of 6-26-00; Ord. of 3-26-01; Ord. of 6-10-02; Ord. of 9-9-13(1); Ord. of 8-11-14(1); Ord. of 6-29-15; Ord. of 6-18-18(1); Ord. of 9-14-20(1); Ord. of 6-7-21; Ord. of 11-7-22)
14-15 Hazardous wastes and household hazardous wastes.
Hazardous wastes and household hazardous wastes shall only be disposed of either at specific locations designated by the Chittenden Solid Waste District or by pickup by mobile household hazardous waste collection initiatives designated by Chittenden Solid Waste District.
(Ord. of 11-7-22)
14-16 Replacement of damaged containers.
If a toter that is properly placed in a designated area is damaged by the city beyond repair from normal use, the city shall replace the toter.
(Ord. of 11-7-22)
14-17, 14-18 Reserved.
Editor’s note—An ordinance of June 3, 1991, amended Art. I of Ch. 14 to read as herein set out. Prior to this amendment, Art. I contained general provisions relative to garbage and refuse and which were derived from provisions presumably enacted during the 1973 codification, §§ 2605, 2901—2904 and 4254 of the 1962 Rev. Ords.; §§ 2901—2903 of the 1969 Cum. Supp.; and an ordinance of June 26, 1986.
Cross reference—Minimum housing standards ordinance of the City of Burlington, § 18-111.
Cross reference—General penalty; continuing violations, § 1-9