§ 82-56. General provisions.

(a)

Residential municipal solid waste.

(1)

Residential service areas established. The county has established five residential service areas and maintains service agreements with one or more residential service providers to provide residential solid waste collection and disposal in each area.

(2)

Collection services provided by residential service provider.

a.

All residential municipal solid waste, including bulky waste, white goods, and residential recovered materials, shall be collected by a residential service provider within the residential service area(s) for which the residential service provider has been issued a service agreement by the county.

b.

Only one residential service provider may provide residential solid waste collection and disposal services in each residential service area.

c.

Residential service providers shall provide weekly curbside collection services in accordance with the terms of the service agreement issued by the county to the residential service provider.

(3)

Curbside collection services.

a.

Participation.

1.

Residential municipal solid waste shall be collected and disposed of by the residential service provider that has been issued a service agreement by the county for the residential service area in which the residential service unit owner's unit is located.

2.

Each residential service unit owner shall be provided, at the owner's request, collection and processing of residential recovered materials by the residential service provider that has been issued a service agreement by the county for the residential service area in which the residential service unit owner's unit is located.

3.

Each residential service unit owner may request collection of yard trimmings directly from the residential service provider that has been issued a service agreement by the county for the residential service area in which the residential service unit owner's unit is located.

b.

Curbside collection services shall include:

1.

Collection of residential municipal solid waste.

(i)

Residential municipal solid waste shall be collected by the residential service provider in accordance with the service agreement issued by the county for the residential service area in which the residential service unit owner's unit is located.

(ii)

Residential municipal solid waste shall be placed at the designated residential collection location in a 95 gallon or 65 gallon residential municipal solid waste storage container or cart provided by the residential service provider.

(iii)

Overage is not permitted.

2.

Collection of bulky waste and white goods.

(i)

Bulky waste and white goods shall be collected by the residential service provider in accordance with the service agreement issued by the county for the residential service area in which the residential service unit owner's unit is located.

(ii)

It shall be the responsibility of the residential service unit owner to ensure that prior to collection and disposal, white goods are empty of all foods and liquids, and that any CFCs and PCBs have been evacuated and captured by a certified technician in accordance with law, and the doors have been removed from freezers and refrigerators. The residential service provider shall not be required to collect white goods that do not meet these standards.

3.

Collection of residential recovered materials.

(i)

Residential recovered materials shall be collected by the residential service provider in accordance with the service agreement issued by the county for the residential service area in which the residential service unit owner's unit is located.

(ii)

Each residential service unit owner may contact the residential service provider or the county to request residential recovered materials collection service, and shall be required to place such residential recovered materials in the residential recovered materials storage container at the designated residential collection location for collection by the authorized residential service provider in a timely manner.

(iii)

Residential recovered materials to be collected shall include the residential recovered materials listed in appendix I of the ordinance from which this article is derived.

(4)

Elective services.

a.

A residential service unit owner may contract with the designated residential service provider that has been issued a service agreement by the county for the residential service area in which the residential service unit owner's unit is located for additional services for an additional fee to be billed by the residential service provider directly to the residential service unit owner.

b.

The residential service provider shall have the right, upon notice to the residential service unit owner, and simultaneous notice to the county, to terminate or suspend all elective services then being provided to a residential service unit owner by the residential service provider, in the event of nonpayment of fees due and owing directly to the residential service provider by the residential service unit owner.

(5)

Yard trimmings collection service .

a.

Yard trimmings may be composted by a residential service unit owner on the owner's property in accordance with the laws and regulations of the State of Georgia and Gwinnett County.

b.

If a residential service unit owner contracts for the yard trimmings collection service by a residential service provider, yard trimmings shall be segregated from the residential municipal solid waste prior to their collection.

c.

This section shall not prohibit a residential service unit owner from disposing of yard trimmings through a third party that generated the yard trimmings as a result of its activities or services at the location of the residential service unit.

d.

A residential service unit owner may enter into a contract with the residential service provider that has been issued a service agreement by the county for the residential service area in which the residential service unit owner's unit is located for the yard trimmings collection service.

e.

To request yard trimmings collection service, the residential service unit owner must contact the designated residential service provider directly.

f.

The residential service provider is authorized to charge, bill, and collect from the residential service unit owner a fee for the collection, processing and/or disposal of yard trimmings.

g.

The yard trimmings collection service shall be offered at a rate not to exceed $10.00 per month.

h.

The following provisions shall apply to the placement and collection of yard trimmings:

1.

Yard trimmings shall be segregated from residential municipal solid waste.

2.

Yard trimmings shall be placed within the designated residential collection location.

3.

A residential service unit owner shall not place, or cause, or allow to be placed, yard trimmings within the designated residential collection location for more than seven days.

4.

Yard trimmings shall be placed in sturdy paper bags suitable for containing yard trimmings or in a container labeled for yard trimmings, excluding residential municipal solid waste storage containers or carts, residential recovered materials storage containers, and plastic bags; or shall be tied in a bundles weighing not more than 50 pounds each.

5.

Yard trimmings are not to exceed four inches in diameter and three feet in length and bundles are not to exceed 50 pounds, except that if yard trimmings greater than four inches in diameter are not placed in a suitable container, then yard trimmings tied in a bundle shall not exceed 50 pounds.

6.

The residential service provider is authorized to collect segregated yard trimmings from the residential service unit, together with any residential municipal solid waste in the same collection vehicle for delivery to a lined municipal solid waste landfill operating landfill gas collection systems directed to beneficial uses of landfill gas that promote renewable energy goals such as electrical power generation, industrial end use, or similar beneficial reuse pursuant to O.C.G.A. § 12-8-40.2, (a landfill with gas recovery system as provided by law) as determined by the residential service provider.

(6)

Placement of containers and collection hours.

a.

Each residential service unit shall place the residential municipal solid waste storage container, bulky waste, white goods, and/or residential recovered materials storage container at the designated residential collection location, for collection by the authorized residential service provider, no earlier than 3:30 p.m. on the day prior to the day scheduled for collection.

b.

Except as otherwise allowed by the county, all collection of residential solid waste by each designated residential service provider shall be performed between the hours of 7:00 a.m. and 6:30 p.m. Monday through Friday, or Monday through Saturday during a week which contains a holiday.

c.

Each residential service unit shall remove, or cause to be removed, the residential municipal solid waste storage container or cart, and the residential recovered materials storage container, if applicable, no later than the next day following the scheduled collection day.

d.

Residential service providers shall not be required to perform collection services or maintain office hours on designated county holidays.

e.

At the point in time when the residential service unit owner places, allows, or causes to be placed, residential municipal solid waste or residential recovered materials at the designated residential collection location, ownership of the residential municipal solid waste and residential recovered materials transfers from the residential service unit owner to the residential service provider, except that ownership of unacceptable wastes shall not transfer to the residential service provider.

(7)

Residential service fee.

a.

The board of county commissioners shall establish the residential service fee schedule, which may include any adjustments and discounts that it may deem appropriate, through passage of a rate resolution.

b.

Each residential service unit owner is required to pay an annual residential service fee to the county for each 12 month service period, or portion thereof, to include in part an amount for administration of this article by the county and an amount for residential solid waste collection and disposal services and the related county solid waste and recovered materials programs.

c.

Residential service unit owners are required to request residential solid waste collection and disposal service and to remit to the county the applicable residential service fee prior to the county's issuance of a certificate of occupancy and initial occupancy of the residential service unit. New residential service unit owners shall initiate residential solid waste collection and disposal services by providing notice to the county or the designated residential service provider that the residential service unit has become occupied. The annual residential service fee will be applied on a pro-rated basis to account for partial year ownership.

d.

The residential service fee shall be subject to periodic adjustment, as determined by the county and as provided in the service agreement issued by the county to the residential service provider for the residential service area in which the residential service unit owner's unit is located. Such adjustments shall be made in accordance with the service agreement issued to the residential service provider and shall not require board action.

e.

The residential service fee may be collected by the county through the ad valorem tax statement for each residential service unit in unincorporated Gwinnett County; or may be billed and collected through an alternative billing and collection process.

(b)

Residential service provider service agreements.

(1)

Designated residential service providers.

a.

All residential municipal solid waste collection and disposal services shall be provided by the residential service provider selected by, and having a service agreement with, the county to provide those services within said residential service area.

b.

It shall be a violation of this article for any service provider except the county's designated residential service provider to provide residential municipal solid waste collection and disposal services to any residential service unit in any unincorporated area in the county.

(2)

Residential service areas. The unincorporated areas in the county shall be subdivided into no more than five residential service areas. The boundaries of each residential service area shall be described by streets, roads, highways or rights-of-way, and the residential service areas will collectively include all of unincorporated Gwinnett County. A map of the residential service areas showing the boundaries of each shall be available from the county.

(3)

Residential service agreements. The county shall enter into a service agreement for residential municipal solid waste collection and disposal services in order to have one residential service provider providing such service in each residential service area as designated by the county. These agreements are generally referred to herein as "service agreements" or "residential service agreements."

(4)

Default by residential service provider. In the event a default is committed by the designated residential service provider for a particular residential service area under the terms of the service agreement which results in termination of the service agreement by the county, the residential service units within the residential service area served by the defaulting residential service provider will be apportioned among the remaining authorized residential service providers in a manner determined by agreement between the county and those remaining authorized residential service providers. The boundaries of the residential service areas following apportionment of the residential service units in a residential service area forfeited by a defaulting service provider shall be specifically described by street, road, highway or right-of-way and a map of the residential service areas resulting from such apportionment shall be created by and be available from the county. The county and the remaining authorized service providers shall make commercially reasonable efforts to complete such apportionment by the date the termination of the service agreement of the defaulting residential service provider becomes effective, so that the affected residential service units previously served by the defaulting residential service provider do not experience a disruption in service.

(5)

Minimum requirements.

a.

All residential service providers designated by the county to provide residential municipal solid waste collection and disposal services shall meet the minimum requirements for residential service providers in this article.

b.

All residential municipal solid waste and residential recovered materials shall be delivered by the designated residential service provider to an authorized waste disposal facility, processing facility, recycling facility, transfer station, or other state authorized handling facility, as determined by the residential service provider. All residential service fees paid by the county to the designated residential service provider shall include the costs of solid waste transportation and disposal and the transportation and processing of residential recovered materials.

(6)

Residential service provider performance. The county shall monitor the performance of the designated residential service provider for each residential service area for compliance with all provisions of the respective service agreement and for compliance with the provisions of this article for residential municipal solid waste collection and disposal services and other waste collection and disposal or processing services regulated by this article. The county shall be authorized to deduct from the payments due or to become due to an authorized residential service provider liquidated damages in amounts determined in the service agreement caused by failure of the authorized residential service provider to comply with the duties specified in the service agreement.

(7)

Appeal process. Within 20 business days of the assessment of any liquidated damages by the county, the residential service provider may submit a written appeal to the chairman of the licensing and revenue board of appeals established pursuant to the county's alcoholic beverage ordinance setting forth the residential service provider's arguments for why such damages are unjustifiable. Within five business days of the submittal of the appeal, the chairman of the licensing and revenue board of appeals shall notify the residential service provider in writing of any action taken with respect to the residential service provider's claim. This action may include, if deemed appropriate by the chairman, a date, time, and location for a hearing before the licensing and revenue board of appeals to hear the appeal.

a.

A hearing shall be conducted on each appeal within 30 days of the date of filing with the chairman of the licensing and revenue board of appeals unless a continuance of such date is agreed to by the appellant and the chairman. The appellant shall have the burden of proof on any such appeal.

b.

The licensing and revenue board of appeals shall have the authority to reverse or uphold all or part of the assessment of liquidated damages made by the county on the residential service provider.

c.

The findings of the licensing and revenue board of appeals shall be forwarded to the appellant and to the solid waste and recovered materials division director within 15 days after the conclusion of the hearing.

d.

The findings of the licensing and revenue board of appeals shall not be set aside unless found to be:

1.

Contrary to law; or

2.

Unsupported by substantial evidence on the records.

(8)

Residential service provider selection. In carrying out the purposes of this article, and subject to the provisions and requirements of this article, service agreements for residential municipal solid waste collection and disposal services, including elective services, shall be awarded for each residential service area to a qualified residential service provider selected by the county, and such service agreements shall be exempt from the purchasing requirements of chapter 2, article VII.

(9)

Residential service areas. The residential service provider shall provide residential municipal solid waste collection and disposal services, residential recovered materials collection service, and other waste collection and disposal services as may be elected by the residential service unit owner within the residential service area for which the residential service provider has received a service agreement from the county. Each residential service provider shall be required to provide residential municipal solid waste collection and disposal services and residential recovered material collection services according to the terms of the respective service agreement.

(10)

Term of service agreements . Subject to termination by the county, pursuant to the terms of a service agreement, the county may enter into a service agreement for a term of up to ten years. The term of such service agreement shall be within the plan period for any solid waste management plan required pursuant to O.C.G.A. § 12-8-31.1 (b) for the assurance of adequate solid waste collection and handling capability and disposal capacity within unincorporated Gwinnett County.

(11)

Reporting requirements. Within 30 days following the close of each calendar quarter ending March 31, June 30, September 30, and December 31 of each year of operation under the service agreements, each residential service provider shall submit to the county reports of operation showing the following information:

a.

Tonnage figures showing total solid waste tonnage collected by service type;

b.

Tonnage figures showing residential recovered materials collected, and proof of recycling in the form of manifest, bills of sale, or other records showing adequate proof of movement of the material to a recognized, and appropriately permitted recycled facility;

c.

If requested by the county, each residential service provider shall provide proof of disposal of residential municipal solid waste at state-approved disposal facilities and the name of each such facility. The residential service provider shall maintain at its place of business books and records showing the names and addresses of all residential service unit owners to whom residential municipal solid waste collection and disposal services and residential recovered materials collection services have been provided. The residential service provider shall submit upon reasonable request of the county to a financial audit by a certified public accountant or auditor employed by the county. Financial information of the residential service provider shall be treated as confidential by the county. The county may request other information from each residential service provider if necessary to comply with state solid waste reporting requirements, internal measures, data needed to update or formulate an updated plan, or for other purposes.

(12)

Non-curbside collection for special needs residents.

a.

Any special needs resident shall be provided non-curbside collection of residential municipal solid waste, residential recovered materials, bulky waste, white goods, and/or yard trimmings provided that the special needs resident;

1.

Obtains a physician's certificate certifying such special need; and

2.

Provides the physician's certificate to the residential service provider with a copy to the county.

b.

Non-curbside collection is available only if all adult persons residing in the residential service unit meet the requirements identified in subsection (b)(12)a of this section.

c.

This section also applies to temporary special needs not to exceed 90 days.

d.

Residential service providers may establish reasonable rules for the non-curbside collection of residential municipal solid waste, residential recovered materials, bulky waste, white goods, and/or yard trimmings from special needs residents who qualify under this article for such service.

(c)

Commercial solid waste.

(1)

Commercial solid waste management. All commercial establishments shall dispose of commercial solid waste with a commercial service provider pursuant to a private contract between the commercial establishment owner and the commercial service provider, except, however, that a commercial establishment owner may collect, transport, and dispose of the solid waste generated at its commercial establishment, provided the commercial establishment owner is authorized as a commercial service provider pursuant to this article.

(2)

Commercial recovered materials and recycling services. All commercial service providers shall offer recovered material recycling services to their customers.

(3)

Commercial yard trimmings.

a.

A commercial establishment owner may contract privately with a commercial service provider to collect, process and dispose of yard trimmings generated by the commercial establishment.

b.

All yard trimmings generated by commercial establishments shall be segregated from commercial solid waste and commercial recovered materials.

c.

Yard trimmings generated by a commercial establishment may be collected in bulk in accordance with the requirements of the commercial service provider; provided, however, that yard trimmings may not be collected in plastic bags.

d.

This article shall not prohibit a commercial establishment owner from the collection, processing and disposing of yard trimmings through a third party that generated the yard trimmings as a result of the third party's activities at the commercial establishment.

(d)

Construction or demolition (C&D) waste.

(1)

Segregation of C&D waste. C&D waste shall be segregated from residential municipal solid waste and commercial solid waste.

(2)

C&D waste and residential service providers. A residential service provider may collect, process and dispose of C&D waste provided that the residential service provider is authorized as a C&D waste service provider pursuant to this article.

(3)

C&D waste and commercial service providers. A commercial service provider may collect, process and dispose of C&D waste provided that the commercial service provider is authorized as a C&D waste service provider pursuant to this article.

(4)

Recovered materials and recycling services. All C&D waste service providers shall offer C&D waste recovered material and recycling services to their customers.

(5)

Collection and disposal of C&D waste generated by third party. C&D waste generated at a residential service unit or commercial establishment shall be collected and disposed of:

a.

By a C&D waste service provider pursuant to a private contract between the C&D waste service provider and the residential service unit owner or commercial establishment owner and in accordance with the laws and regulations of the state; or

b.

By a third party (e.g., contractor performing construction, renovation, or demolition services) pursuant to a private contract between the third party and the residential service unit owner or commercial establishment owner either in accordance with:

1.

The third party's authorization to operate as a C&D waste service provider pursuant to the terms of this article; or

2.

A private contract between the third party and a C&D waste service provider; and

3.

The laws and regulations of the state.

(Ord. No. SWO2012-002, § V, 8-7-2012; Ord. No. SWO 2018-001(GCID 2018-0134) , att., 3-20-2018)