HomeMy WebLinkAboutPackets - Council Packets (1407) AGENDA
ORO VALLEY TOWN COUNCIL
SPECIAL SESSION
FEBRUARY 12, 2001
ORO VALLEY TOWN HALL CONFERNECE ROOM
11,000 N. LA CANADA DRIVE
SPECIAL SESSION — AT OR AFTER 7:00 P.M.
CALL TO ORDER
ROLL CALL
EXECUTIVE SESSION — AT OR AFTER 7:00 P.M.
1. Pursuant to ARS 38-431.03 (A)(3) Legal Advice relating to the Settlement
Agreement with the City of Tucson
2. Pursuant to ARS 38-431.03 (A)(3) Legal Advice relating to the proposed
Development Agreement with Vistoso Partners
STUDY SESSION - AT OR AFTER 7:00 P.M.
CALL TO ORDER
ROLL CALL
1. Review of the Status of Amendments to the Town Sign Code and
Temporary Political Signs
2. Review of Draft Amendments to the Town Code relating to Solid Waste
Collection
ADJOURNMENT
The Town of Oro Valley complies with the Americans with Disabilities Act (ADA).
If any person with a disability needs any type of accommodation, please notify
the Oro Valley Town Clerk at 229-4700.
POSTED: 2/9/01
4:30 p.m.
lh
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION MEETING DATE: February 12, 2001
TO: HONORABLE MAYOR & TOWN COUNCIL
FROM: Chuck Sweet, Town Manager
SUBJ: Review of Status of Amendments to the Town Sign Code and Temporary
Political Signs
SUMMARY: Please see attached Council Communication from Town Attorney Dan
Dudley and Community Development Director Brent Sinclair regarding Item No. 1 on
tonight's agenda.
ATTACHMENTS: 1) Council Communication from Dan Dudley - Temporary Signs
2) Council Communication from Brent Sinclair - Sign Code
r i
own Manager
TOWN OF ORO VALLEY
STUDY SESSION Page 1 of 3
COUNCIL COMMUNICATION MEETING DATE: 02/12/01
TO: HONORABLE MAYOR AND COUNCIL
FROM: Dan L. Dudley, Town Attorney
SUBJECT: NECESSARY CHANGES TO THE SIGN CODE, SPECIFICALLY, TEMPORARY
POLITICAL SIGNS.
SUMMARY: As you are aware, on September 19, 2000, Federal District Court Judge Browning denied the
Pool's Motion for Summary Judgment. Further, the Judge denied in part and granted in part the Plaintiff's
Motion for Declaratory Judgment regarding certain elements of the Town's sign ordinance, which were found
to be unconstitutional. In regards to the unconstitutionality of the sign ordinance, the Judge's analysis hinged
on the fact that the Town Sign Code allowed commercial speech in the form of "off-premises open house
directional signs for re-sale homes" in the public right-of way and denied similar sign placement of political
signs. § 12-601 (E).
Political speech cannot be treated less favorably than commercial speech. Metromedia v. City of
San Diego, 452 U.S. 490, 514. In Sweeney v. Town of Oro Valley, the Federal District Court of Arizona held
that the political and temporary sign provisions in the Town sign code, §§§ 12-602(2), 12-602(A) and I2-
404(D), violated the First Amendment. Additionally, the Ninth Circuit Court of Appeals previously held that.
"[t]he First Amendment has its fullest and most urgent application to speech during a campaign for political
office" and that political signs are considered "virtually pure speech." Baldwin v. Reedwood City, 540 F.2d
1360, 1366 (9t' Cir. 1976). Therefore, temporary political signs must be treated the same or better than similar
signs displaying commercial speech.
In compliance with the First Amendment and the recent Sweeney decision, the Town may enact and enforce an
ordinance that treats political signs the same or better than signs displaying commercial speech. The following
options are available to the Town:
1. Disallow all signs within the Public Right-of Way without exception. This option would entail
amending § 12-404(D) of the Town Sign code, to remove exceptions allowing for the placement of commercial
signs. Effectively, such an amendment would prohibit all signs from the public right-of way, except those the
Town can demonstrate a compelling interest in placing, such as traffic signs. "It is difficult to imagine that [a]
City would not have a compelling interest in traffic signs. Foti v. City of Menlo Park, 146 F.3d 629, 637.
Therefore, a complete prohibition on signs in the public right-of—way would pass constitutional muster by not
favoring commercial over political speech. However, a blanket prohibition of all signs in the public right-of-
way is not a preferred means of regulation, as it is likely bring into question the propriety of Oro Valley's
directional kiosks. Although our research o this matter has not been exhaustive, this office is not aware of any
Arizona jurisdiction that employs this level of sign restriction.
TOWN OF ORO VALLEY
STUDY SESSION Page 2 of 3
COUNCIL COMMUNICATION MEETING DATE: 02/12/01
2. Allow political signs within the public right-of-way under the same or similar restrictions as
those placed on commercial speech under § 12-601(e), of the town sign code. The Sweeney court 's analysis
hinged on the fact that the town of Oro Valley allowed commercial speech in the form of"off-premises open
house directional signs for re-sale homes" in the public right-of way and denied similar sign placement of
political signs. § 12-601 (e). Zoning code § 12-601 (e)(2)(c), provides that signs may be displayed "only
during daylight hours . . ." Although there is no law directly on point, similar restrictions on the display of
political signs will likely give rise to other constitutional problems. Specifically, the cost of removing and
replacing political signs on a daily basis can be expensive. Consequently, the speech of political candidates
without sufficient funds to remove and replace the signs daily would be unduly restricted. Consequently, the
town would be leaving itself open to another Sweeney like matter in the future. The regulation of temporary
political signs in the same manner as § 12-601 (e)(2)(c) is therefore not preferred.
The only viable means to regulate political signs under this concept is to use less restrictive language for
temporary political signs than is currently utilized in § 12-601 (E)(2)(c). This would entail allowing political
signs within the public right-of way during specified timeframes on or about election time, so long as they do
not pose a public safety hazard, and placement of signs is affordable. Specifically, political signs would be
allowed to be placed in the public right-of way from approximately one-month (30 days) before an election
until approximately one-week (seven days) after an election so long as the signs do not pose a safety hazard.
This type of regulation is more fully discussed in number 3 below, time place and manner restrictions.
3. Limit all signs within the public right-of way through time, place and manner restriction.
Effectively, this form of regulation would require modification of § 12-601(K) of the Town Sign Code. The
modifications would have to be consistent and be limited strictly to time, place and manner. Consequently, this
form of regulation is content-neutral and not subject to the same level of scrutiny as content-based regulation.
Content-neutral regulation means regulation that does not regulate the content of the message but regulates
speech through non-content based means. Time, place and manner restrictions are upheld provided they are
truly content-neutral, are narrowly tailored to serve a significant government interest, and leave open alternative
means for communication of the information. Colacurcio v.. City of Kent, 163 F.3d 545, 551 (9th Cir.1998).
The Foti Court outlined what valid time, place and manner restrictions are when it held the regulation of size
and number of signs to be constitutional. Foti, 146 F.3d at 640. Consequently, the Town may regulate the size,
and number of signs placed in the public right-of-way, so long as the regulation leaves open alternative means
for the exercise of the intended speech. Colacurcio, 163 F.3d at 551. To view an example, see attached Exhibit
TOWN OF ORO VALLEY
STUDY SESSION Page 3 of 3
COUNCIL COMMUNICATION MEETING DATE: 02/12/01
4. Limit all signs within the public right-of through quality and construction standards. The Courts
have not dealt squarely with this notion. Nonetheless, in applying the constitutional test to this form of
regulation, both prongs of the test appear to be met. Construction standards are content neutral, as they apply to
all signs regardless of message content. Moreover, this type of regulation leaves open alternative means for
communication of the information, so long as the sign meets certain standards. However, the standards cannot
be set so high as to make placement of political signs too expensive (See section 2 above). Therefore,
regulation of signs in the public right-of-way, regarding quality and construction standards, seems to meet
constitutional requirements. Nonetheless, this form of regulation is clearly subject to interpretation by the
courts and must be implemented carefully. To view an example of this type of regulation combined with time
place and manner restrictions, see attached Exhibit "B."
The alternative methods for regulating temporary signs, as outlined above, may be combined
with each other. However, any combination must pass the same constitutional tests. For example, alternative 3,
time, place and manner restrictions may be combined with alternative 4, quality and construction standards, so
long as the regulation leaves open alternative means for communication of the intended speech. Therefore, if
the Town is to regulate temporary political signs, it must follow one or a combination of the above alternatives.
'IN OPP
Signa ure of Town Attorney
Exhibit "A"
Time Place and Manner
Proposed
ORDINANCE NO. (0) 01 -
AN
ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA
AMENDING CHAPTER 12, SIGNS, OF THE ZONING CODE OF
THE TOWN OF ORO VALLEY, BY AMENDING ARTICLE 12-6,
SECTION 12-601(K) AND REPEALING ALL RESOLUTIONS,
ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY
IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND
DUTIES THAT HAVE ALREADY MATURED AND
PROCEEDINGS THAT HAVE ALREADY BEGUN
THEREUNDER.
WHEREAS, the purpose and intent of this ordinance is to establish a set of standards for
the design, installation maintenance and removal of political signs within the Town of
Oro Valley; and
WHEREAS,the Town adopted its Original Zoning Code Revised through Ordinance
No. 58 on March 13, 1981 and has amended the code from time to time; and
WHEREAS,the latest amendment regarding Section 12-601 (K), Political Signs,
occurred through Ordinance 99-3 6, May 31, 1999; and
WHEREAS,the Town desires to promote and protect the community's appearance by
u
reg glatin the design and location of political signs and prevent possible traffic and safety
hazards through good political signage; and
WHEREAS,the Town desires to provide a pleasing overall environmental setting and
community appearance which is deemed vital to tourism and to the continued economic
attractiveness of the Town.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town
of Oro Valley, Arizona that the certain document, known as "The Zoning Code of the
Town of Oro Valley, Arizona," is hereby amended as follows:
SECTION 1. Article 12-6, Temporary Signs, Section 12-601(K), Political Signs is
amended by striking that section and inserting in new thereof the following:
Sec. 12-601
K. Political and Campaign Signs:
OVZC 12-601 Amendment Office of the Oro Valley Town Attorney/jna
1. Signs pertaining to candidates for public office, measures or issues on
primary, general or special election ballots are permitted in all zoning
districts.
2. In all zoning districts on lots smaller than one (1) acre, one (1) sign per
street frontage for each candidate or measure not exceeding eight (8)
square feet in area three feet (3') in height.
3. In all zoning districts on lots larger than one (1) acre and in all other
zoning districts, one sign per street frontage per lot or parcel for each
candidate or measure not exceeding sixteen (16') square feet in area or
four feet (4') in height.
4. A sign permit is required for all political signs over four (4) feet in height.
5. Signs shall not be displayed earlier than thirty (30) days prior to an
election and shall be removed within seven (7) days following said
election. Signs for successful primary election candidates, eligible for the
general election, may remain in place until ten (10) days after the general
election.
6. Signs shall be setback at least fifteen (15') feet from the existing curb or
from the edge of pavement where no curb or sidewalk exist (see figure
below).
Landscaping in Public
Right-of-Way Adjacent
\ to Residential Rear Yards
\ (NO SIGNS PERMITTED)
Edcie of Pavement or Curb\, r
- ; ,ti, ;''.=r Residential
��i l=
• '',. ' ,�. Rear Yards
Commercial FfT - T '
DeveI rent ,
05;1
p 151 Fi3
Vacant Lot
j
7. Signs shall not be placed in any portion of the public right-of-way located
between a street or sidewalk and a property line fence (i.e. residential lot
backup to an arterial street).
OVZC 12-601 Amendment Office of the Oro Valley Town Attorney/jna
8. The person, party or parties responsible for the distribution and display of
such signs shall be individually and jointly responsible for their removal.
9. Political signs may be freestanding and may be double-faced.
SECTION 2. All Oro Valley Ordinances, Resolutions, or Motions and parts of
Ordinances, Resolutions, or Motions of the Council in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions thereof.
PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley,
Arizona, this day of , 2001.
TOWN OF ORO VALLEY
ATTEST: Paul H. Loomis, Mayor
Kathryn E. Cuvelier, Town Clerk
APPROVED AS TO FORM:
Dan L. Dudley, Town Attorney
•
OVZC 12-601 Amendment Office of the Oro Valley Town Attorney/jna
Exhibit "B"
Time Place and Manner
Plus Construction Standards
Proposed
ORDINANCE NO. (0) 01 -
AN
ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA
AMENDING CHAPTER 12, SIGNS, OF THE ZONING CODE OF
THE TOWN OF ORO VALLEY, BY AMENDING ARTICLE 12-6,
SECTIONS 12-601 (E) AND 12-601(K) AND REPEALING ALL
RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF
ORO VALLEY IN CONFLICT THEREWITH; PRESERVING THE
RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND
PROCEEDINGS THAT HAVE ALREADY BEGUN
THEREUNDER.
WHEREAS, the purpose and intent of this ordinance is to establish a set of standards for
the design, installation maintenance and removal of political signs within the Town of
Oro Valley; and
WHEREAS,the Town adopted its Original Zoning Code Revised through Ordinance
No. 58 on March 13, 1981 and has amended the code from time to time; and
WHEREAS,the latest amendment regarding Section 12-601 (K), Political Signs,
occurred through Ordinance 99-36, May 31, 1999; and
WHEREAS,the Town desires to promote and protect the community's appearance by
regulating the design and location of political signs and prevent possible traffic and safety
hazards through good political signage; and
WHEREAS,the Town desires to provide a pleasing overall environmental setting and
community appearance which is deemed vital to tourism and to the continued economic
attractiveness of the Town.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town
of Oro Valley, Arizona that the certain document, known as "The Zoning Code of the
Town of Oro Valley, Arizona," is hereby amended as follows:
SECTION 2. The text of Section 12-601 (E) will be amended to read as follows, with
additional text shown in ALL CAPS:
Sec. 12-601
E. Dwelling Unit Lease, Rent and Sale Signs (including off-premises open house
directional signs for re-sale homes)
OVZC 12-601 Amendment Office of the Oro Valley Town Attorney/jna
•
1. Description: On-site and off site signs to advertise existing individual,
single family residences for sale, lease or rent. Off-site signs used only to
advertise an open house event, for a re-sale, lease or rent, are permitted by
this Code AS FOLLOWS:
a. FOR THE SIGN ITSELF, EARTH-TONE COLORS MUST BE
USED AS OUTLINED ON COLOR CHART (A), (COLOR
CHART YET TO BE CREATED).
b. ALL SIGN FRAMEWORK AND/OR STAKES THAT ANCHOR
SIGNS IN PLACE SHALL BE PAINTED AS OUTLINED ON
COLOR CHART (B), IN ORDER TO MATCH THE COLOR OF
THE SURROUNDING SOIL AND/OR BACKGROUND
(COLOR CHART YET TO BE CREATED).
SECTION 2. Article 12-6, Temporary Signs, Section 12-601(K), Political Signs is
amended by striking that section and inserting in new thereof the following:
Sec. 12-601
K. Political and Campaign Signs:
1. Signs pertaining to candidates for public office, measures or issues on
primary, general or special election ballots are permitted in all zoning
districts.
2. In all zoning districts on lots smaller than one (1) acre, one (1) sign per
street frontage for each candidate or measure not exceeding eight (8)
square feet in area three feet (3') in height is permitted.
3. In all zoning districts on lots larger than one (1) acre and in all other
zoning districts, one sign per street frontage per lot or parcel for each
candidate or measure not exceeding sixteen (16') square feet in area or
four feet (4') in height is permitted.
4. A sign permit is required for all political signs over four (4)feet in height.
5. Signs shall not be displayed earlier than thirty (30) days prior to an
election and shall be removed within seven (7) days following said
election. Signs for successful primary election candidates, eligible for the
general election, may remain in place until ten (10) days after the general
election.
OVZC 12-601 Amendment Office of the Oro Valley Town Attorney/jna
6. Signs shall be setback at least fifteen (15') feet from the existing curb or
from the edge of pavement where no curb or sidewalk exist (see figure
below).
Landscaping in Public
Right-of-Way Adjacent
\ to Residential Rear Yards
\ (NO SIGNS PERMITTED)
Edge of Pavement or Curb,IT(1Ekl,
ti r
Lide'
Resntial
r I
• .a. I_"I
` - I.:4'#,
. Rear Yards
Commercial /1.6,4r=-7,'"-i
•
11\1171. T
DeveIOpr ent t ;
it I i(15
f_; 15' Fr
;—+ —� Vacant Lot
—',
4 1
1
7. Signs shall not be placed in any portion of the public right-of-way located
between a street or sidewalk and a property line fence (i.e. residential lot
backup to an arterial street).
8. The person, party or parties responsible for the distribution and display of
such signs shall be individually and jointly responsible for their removal.
9. Political signs may be freestanding and may be double-faced.
10. Signs shall be colored in such a manner as to blend into, and accent, the
landscape as follows:
a. For the Sign itself, Earth-tone colors must be used as outlined on
color chart (A), (Color chart yet to be created).
b. All Sign framework and/or stakes that anchor signs in place shall
be painted as outlined on color chart (B), in order to match the
color of the surrounding soil and/or background (Color chart yet to
be created).
SECTION 3. All Oro Valley Ordinances, Resolutions, or Motions and parts of
Ordinances, Resolutions, or Motions of the Council in conflict with the provisions of this
Ordinance are hereby repealed.
OVZC 12-601 Amendment Office of the Oro Valley Town Attorney/jna
SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions thereof
PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley,
Arizona, this day of , 2001.
TOWN OF ORO VALLEY
ATTEST: Paul H. Loomis, Mayor
Kathryn E. Cuvelier, Town Clerk
APPROVED AS TO FORM:
Dan L. Dudley, Town Attorney
OVZC 12-601 Amendment Office of the Oro Valley Town Attorney/jna
TOWN OF ORO VALLEY
COUNCIL STUDY SESSION MEETING DATE: February 12, 2001
TO: HONORABLE MAYOR & COUNCIL
FROM: Brent Sinclair, AICP, Community Development Director
SUBJECT: SIGN CODE UPDATE
SUMMARY:
A copy of the Planning and Zoning Work Plan for 2000-2001 is attached to this report. The mid-year review
will be presented and reviewed by the Planning and Zoning Commission in March and forwarded to Council in
April. One of the items in the Work Plan is to overhaul the Town's sign code (page 2 of the Work Plan).
Currently the Town regulates signage under Article 12 of the Oro Valley Zoning Code Revised. However,
many of the developments operate under more restrictive sign packages specific to that development. Since
staff is at the very preliminary stage of research for this project, this would be an opportune time to get Council
input and direction.
t73iLL
Community Development D'rector
11 1,1
own Manager
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TOWN OF ORO VALLEY 2
STUDY SESSION
COUNCIL COMMUNICATION MEETING DATE: February12,
2001
TO: HONORABLE MAYOR & COUNCIL
FROM: Dan Dudley, Town Attorney
SUBJECT: Discussion of a proposed Ordinance relating to Solid Waste Management and related
amendments to the Oro Valley Town Code.
SUMMARY:
In the attached report, the Solid Waste Management Task Force recommends implementation of regulations for
p
the disposal and collection of solid waste. The attached Ordinance and Oro Valley Town Code amendments are
presented for your consideration of the Solid Waste Management Task Force recommendations. If the Mayor
and Council wishes the proposedbroughtconsideration y
Ordinance forward for by the Council at a regular
session, the proposed Ordinance would first need to be declared a public record by Resolution, which would
remain on file in the Town Clerk's office as a public record for at least thirty(30) days thereafter at which time
the Ordinance could be brought before the Council for consideration and action.
Pursuant to ARS § 49-765, the Town has the authority to regulate the disposal and collection of solid waste.
The proposed amendment represents an addition to the Town's Garbage and Litter chapter of the Town Code.
The Solid Waste Management code attempts to explicitly address regulations surrounding disposal osal and
collection of solid waste as well as what is considered recyclable. It is felt that the draftyou have before you
will provide comprehensive guidelines to staff and residents of the Town with regard to the collection,
,
transportation, and disposal of solid waste.
In December 1998, the Solid Waste Management Task Force was charged with the duty to recommend policies,
which would implement solid waste collection and disposal standards while considering voluntary recycling
g
programs. For the purpose of recycling, the Task Force recommended the division of the Town into at least two
zones. However, the Town Council would have the power to increase or decrease the number of zones as
population and administrative resources dictate. Currently, the Oro Valley Town Code does notp rovide for
recycling, though through facilitation and education, the Task Force believes that recycling would benefit the
community. The Task Force further recommended that once a week recycling service should be included in the
basic charge for monthly solid waste collection.
Some significant issues included in the added Article of the Town Code include the following:
g
• A definition section referencing wastes and recyclable materials.
• A designation of which types of refuse is considered recyclable in the Town.
• A description of how recyclable materials shall be collected.
• What constitutes the unauthorized collection of recyclable materials.
• Enforcement and penalties.
ATTACHMENTS:
1. Solid Waste Management Task Force recommendation report, dated April 1999.
2. Proposed Ordinance amending Oro Valley Town Code Chapter 9 by adding aprovision relatingto Solid
Waste Management
TOWN OF ORO VALLEY
STUDY SESSION
COUNCIL COMMUNICATION Page 2 of 2
RECOMMENDATION:
None
SUGGESTED MOTION:
None
.4, _iii
pr•an • i e , Town Attorne
iztx..e.e.1—
,
Ch - /4 -et, ''own ►i "ger
REPORT
t M(:- 5-F-1-3:UlEr."
31 SEP 1 8 ?nil° '
BY:
6'
TOWN OF ORO VALLEY
SOLID WASTE MANAGEMENT
TASK FORCE
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7(11 4IV
April,
A Community of Excellence
SQL/0 WASTE MANAGEMENT
TASK FORCE MEMBERS
Dick Johnson, Councilmember
Dick lzen, Chairman
Fro Adams
Chris Cawein
Rob Felix
Dan Griffen
Virginia Kacprzak
Colleen Kessler
Mark Lewis
Mark Platt
Bob Putnam
Ted Rivard
Hugo Ruchotzke
Paul Sobel
Staff Support:
Chuck Sweet, Town Manager
David Andrews, Finance Director
Jim Hossley, Roads and Drainage Supervisor
Tobin Sidles, Town Attorney
Table of Contents
Page
1 Executive Summary 1
11 Overview and Mission Statement 2
I11 Existing Service Providers 3
A. Residential Solid Waste 3
B. Recycling 5
C. Hazardous Materials 6
IV Regulatory and Legal Environment 6
V Task Force Recommendations 7
A. Service Delivery Alternatives 7
B. Service Standard Alternatives 10
C. Recycling 11
i. Service 11
ii. Materials 11
iii. Facilitation & Education 11
D. Billing 12
i. Consistency 13
ii. Provider 13
E. Public Comment 13
Appendices 14
A. Request for Proposals for Residential Solid Waste Collection
B. Interested Solid Waste Service Providers
C. Pima County Licensed Solid Waste Providers
D. Summary of Contract Provisions
E. Draft Recycling Policy Statement
Section I.
Executive Summary
The Solid Waste Management Task Force was formed by the Oro Valley Town Council
in December 1998 to explore the options available to the citizens of Oro Valley with
respect to solid waste collection services. The task force has met on several occasions
during the past few months to develop service delivery options available to the Town.
During these meetings, the task force has also examined industry regulations, legal
considerations, and service delivery standards.
Based on its research, the Solid Waste Management Task Force is pleased to offer the
following recommendations to the Town Council:
1. Provision of Services
The Town should provide solid waste collection services to its single family residential
households by sub contracting the services to private sector haulers via a request for
proposal.
2. Service Zones
The above sub contracts should be bid and let by at least two zones or districts
to ensure competitive bids and provide objective basis for evaluation of level of service.
3. Delivery Standards
The service delivery standards identified in exhibit A, (the draft "Town of Oro Valley
Request for Proposals (RFPs) for Residential Solid Waste Collection Services ") should
be incorporated ordinance into the Town Code. These standards include twice per
week solid waste pickup. (See discussion of once per week solid waste pickup in
section V, B.)
4. Recycling
Once a week Recycling Service should be included in the basic charge for monthly
Solid Waste Collection Services. (This recommendation is based on the assumption
that the Town will be able to deliver the combined service without substantial cost
increase over current rates. See discussion in section V, C).
5. Education and Ease of Recycling
The Town should also encourage recycling and use of the recycling services through
ease of use (no label removal, single pickup for mixed recyclable materials), adoption of
a recycling policy statement and by embarking on a positive educational campaign to
encourage resident participation.
6. Continuous Charges
Charges for this service should be bill consistently throughout the year to all single
family residences without regard to actual occupancy or volume of usage.
1
7. Billing
The Town should consider absorbing the billing of these charge through its water utility,
both to provide a significant cost savings and to create a valid mailing data base for
other town purposes.
8. Citizen Input
This report should be presented to the Town at a Town Council Study Session open to
the public to solicit citizen input. In addition the changes to the Town Code (see 3
above) should be reviewed at a public hearing (probably at a regularly scheduled Town
Council meeting). Both of these meetings should be completed prior to issuing the
RFPs.
Detailed research and analysis with regard to these recommendations may be found in
the body of the task force's report and are an integral part of our recommendation.
The Solid Waste Management Task Force is honored to have served in this capacity for
the Town and would like to extend a sincere thank you to the Mayor and Council for its
consideration with respect to the solid waste management issue.
Section II.
Overview
In response to concerns expressed by many citizens of the community, the Oro Valley
Town Council formed the Solid Waste Management Task Force in December 1998.
The considerations articulated by the citizens centered around both safety and
environmental issues. In the current solid waste management operating environment,
multiple haulers within the same neighborhoods pose a safety concern to residents and
school children. Different companies often run similar routes within the same service
areas causing undue vehicle trips and excessive noise. These duplicate routes
enhance the potential for injuries and accidents to the residents and businesses. Due
to their size and weight, solid waste collection trucks also cause additional wear and
tear on Town streets and create additional air pollution through their operation.
The Solid Waste Management Task Force was charged by the Council to advance a
solid waste management strategy with respect to those concerns and make
recommendations to the Oro Valley Town Council for a future course of action. Within
the scope of that charge, the task force developed the following mission statement:
2
Solid Waste Management Task Force
Mission Statement
To explore the alternatives and options available to the
citizens of Oro Valley with respect to solid waste/recycle
collection service delivery and disposal and make
recommendations to the Oro Valley Town Council for a
future course of action regarding this issue.
A comprehensive solid waste management strategy encompasses two significant
components, solid waste collection and solid waste disposal. As self evident by
definition, solid waste collection (also called garbage or trash) refers to the action of
trash pickup at the point of its generation, including residential, commercial and
industrial. Solid waste disposal addresses the issue of getting rid of solid waste after its
collection through practices such as burial of trash at landfill sites, recycling, as well as
waste reduction and recycling programs.
As reflected in its mission statement, the Solid Waste Management Task Force has
focused its efforts on solid waste collection and limited its waste disposal concerns to
recycling programs. Landfill sites in the surrounding area are operated by Pima County
and are regulated by federal, state and county laws, regulations and ordinances. The
issue of solid waste disposal can be integrated into a comprehensive solid waste
management strategy by way of service delivery alternatives and standards.
In developing its recommendations to the Town Council, the task force took a
systematic approach by inventorying existing service providers, researching existing
industry regulations and legal considerations, exploring service delivery alternatives and
examining service delivery standards that are in place in various municipalities
throughout the States of Arizona, California and Wisconsin. These issues will be
discussed in detail throughout the remainder of this report. Recommendations for a
future course of action for the Town are also provided based on the task force's
findings.
Section III A
Existing Service Providers Within Oro Valley and Pima County
Solid waste collection services currently are provided to Oro Valley residents and
industrial and commercial enterprises by private firms. Single-family and multi-family
residential housing units negotiate rates for trash pickup and frequency of services
including recycling, either individually or collectively through their respective
homeowners associations. In the case of homeowners associations, trash collection
bills may be paid directly to private firms by the homeowner or directly paid by the
homeowners associations through their homeowners association fee structure.
Commercial and industrial solid waste collection is negotiated directly between the
enterprise and private service provider.
3
In an attempt to specify and quantify the range of existing arrangements for the
approximately 10,300 residential households in Oro Valley, staff contacted the
representatives from the Sun City Community Association and two property
management companies representing local neighborhoods. The results of that
information are summarized in Table A.
Table A
Approximate
Association Service Households Service
Contact Provider Serviced Standards
Sun City Community Waste 2,114 $9 per month/2 x per
Association Management week/
optional recycling @ $4
per month
Sun City Community Various (2) 374 Information not obtained
Association
Copper Creek (LMR) TNT Sanitation 736 $8 per month/2 x per
week/
optional recycling @ $2
per month
Copper Creek (LMR) Primarily Waste 184 $9 per month/1 x per
Management week/optional recycling @
$4 per month
Rancho Vistoso (LMR) TNT Sanitation 800 $8 per month /2 x per
week/
optional recycling @ $2
per month
Rancho Vistoso (LMR) Primarily Waste 200 $9 per month/1 x per
Management week/optional recycling @
$4 per month
Cadden Parfrey Waste 675 $9.75 per month/2 x
Management week/1 x recycling per
week
Cadden Parfrey TNT 75 Information not obtained
Sanitation/Pima
Environmental
The Links PMI 106 $7.78 per month/1X per
week/ 1X recycling per
week
Total Households 5,264
In summary, the informal survey of approximately half the residential households in Oro
Valley indicated that about 60% of solid waste collection service is provided by Waste
Management, 30% by TNT Sanitation and the remaining 10% by various firms. The
4
frequency of trash collections is one to two times per week at costs ranging from $7.78
to $9.75 per month. Most often, recycling is optional for an additional charge.
It is important to note that of the 5,264 households represented, it is known that 4,325
(82%) receive trash collection two times per week. This consideration significantly
influenced the task force's recommendation with respect to frequency of trash
collection.
Members of the task force also contacted all of the approved (permitted) service
providers in Pima County. The purpose of the contact was to determine the private
haulers' level of interest should the Town issue a request for proposals and administer a
sole source contract for solid waste collection and recycling services within Oro Valley.
Of the 13 firms contacted, seven indicated that they would be interested in preparing a
response. Waste Management and TNT Sanitation are included in the seven positive
respondents. Please refer to Appendix B for a comprehensive list of these firms.
Appendix C is a list of the 13 solid waste haulers located in Pima County as of
November 1998.
Section III B
Recycling
As can be seen from the above Table A (in Section III A) most of the current waste
haulers will provide recycling, often as an optional charge. Since Pima County
eliminated its recycling subsidy the current haulers have tended to move towards
making recycling an optional charge which discourages participation. Lewis
Management Resources (Vistoso and Copper Creek HOAs), for example reports that
recycling participation had been about 28% when the charge was `buried' but has fallen
to about 23% since it became an `option'.
In order to obtain impartial evaluation of the current status of recycling in Pima County
the Task Force met with both Mr. Guy McMahon, Commercial Administrator, and Mr.
Don Gibson, Recycling Coordinator, both from Tucson's Solid Waste Management
Department.
They indicated that the recycling market is at a very low point with little or no market for
even basic items such as corrugated board. Tucson currently picks uses 18 gallon
barrels and picks up recyclable materials every two weeks. While they enjoy good
participation (63% of the 108,000 eligible single family homes) they strongly encouraged
us start with once a week collection as the 'same time each week' facilitated customers
remembering when to place the recyclable materials out. Further they urged
educational efforts and distributed materials that they have used.
They currently collect the following items, all of which can be processed in Pima County.
Fiber (brown bags, newspapers, cardboard and magazines)
#1 Plastic (soda, salad dressing and beer bottles)
#2 Plastic (milk jugs, detergent and shampoo bottles)
5
#6 Plastic (polystyrene food containers, but given the costs involved in
separating and the relatively low volumes, they would recommend against this, at least
early in the program)
glass all colors (no label removal required)
aluminum cans (no label removal but they do request that they be crushed to
reduce volume)
steel cans, including aerosol containers (no label removal)
Section III C
Hazardous Materials
The Task Force met with Mr. David Esposito, Director of the Pima County Department
of Environmental Quality and Mr. Frank Bollinas, Program Coordinator for the Pima
County Hazardous Waste Program.
They told us that they run a hazardous material pickup at Ina and Oracle (behind Reyes
market) on the first Saturday of each month. This is a service that is provided at no
charge to consumers. Further they will provide instructional material and school talks at
our request. They would also be willing, based on schedule availability, to provide
additional hazardous waste material pickup if the Town requests. They also pointed out
that the collection station along Oracle Road in Catalina is open seven days a week and
will accept Antifreeze, Batteries (Auto), Oil and Paint (ABOP) at no cost to the
consumer.
They also pointed out that part of the success of their hazardous waste material
program was due to their efforts to recycle the materials. They currently recycle 94-
98% of the material they receive. For example paints are blended into several light and
dark shades and then used for municipal painting.
Section IV
The Regulatory and Legal Environments
Before delving into service delivery standards and options, the task force examined the
regulatory and legal environments to determine the extent of flexibility available in
developing recommendations to the Town Council. Presentations and information were
received from the Pima County Department of Environmental Quality, the City of
Tucson's Solid Waste Management Division including the City's recycling program, and
the Pima County Household Hazardous Waste Program. The Oro Valley Town
Attorney also researched several issues for the task force with respect to environmental
regulations, Arizona statutes, and contractual provisions.
With respect to the regulatory environment, statewide regulations have been developed
by the Arizona Department of Environmental Quality (ADEQ). At a minimum, these
regulations must be followed by all municipal and private service providers throughout
Arizona. The Pima County Department of Environmental Quality (PCDEQ) regulates all
private service providers within unincorporated areas of Pima County in conformity with
6
ADEQ standards. Private service providers currently operating within the Town of Oro
Valley have been regulated by PCDEQ. Should the Town desire to become more
involved in solid waste management services within the Town's boundaries, the Town
could do so via its Town Code. The Town of Oro Valley may require service delivery
standards that are more stringent that ADEQ regulations, but must at a minimum meet
those ADEQ regulatory standards.
An important consideration for the task force was that should it consider recommending
that the Town issue a request for proposals (RFP) to contract out services to the private
sector, what would be the legal status of contracts that currently exist between
homeowner's associations and private haulers? It was discovered during the inventory
of existing service providers that such contracts are in existence. The legal status of
those contracts would have an effect on whether to issue a townwide RFP or a phased-
in approach with respect to service areas.
The task force researched this issue and received the legal opinion that the Town would
have a superior legal position to those contracts. Chapter 9, Article 2-1 of the existing
Town Code states that no entity shall collect refuse within the Town unless authorized
by the Town. Because existing service providers are technically in violation of the Town
Code, it is the legal opinion that the Town would prevail in any possible contractual
disputes regarding this issue.
A final legal issue was researched by the task force regarding frequency of trash
collection. The possibility of recommending once a week trash collection versus twice a
week trash collection was discussed. Legal research indicated that under current
ADEQ regulations, municipal service providers must provide twice a week trash
collection. ADEQ provisions allow for once a week trash collection but only after a
variance has been obtained from ADEQ.
Section V
Task Force Recommendations
A. Provision of Services and Service Zones
Service Delivery Alternatives
After examining the regulatory environment and legal issues, the Solid Waste
Management Task Force developed several viable alternatives for action as well as
their associated pros and cons. The three alternatives include "do nothing", direct
service provision by Town of Oro Valley employees, and Town administration of waste
management services to be provided by a third party contractor.
The following outlines the factors as expressed by the task force.
I. Contract Administration by the Town
7
Pros Cons
The ability to negotiate a lower price Administrative Costs
The ability to establish and administer Billings, complaints, bad debts,
standards and guidelines for contractors supervision of contractor (Town
should consider third party billing if
this would result in savings)
Less damage to streets and roads No choice for users (residential,
commercial, government)
Less air pollution Every resident pays even if they do
not use the service
Greater safety for residents because of Contrary to the current philosophy
less truck traffic of less government involvement in
•
private industry
Better management of recyclables � ����Tt'"�7 -1.17,1
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II. Direct Service Provision by the Town
Pros Cons
Optimum control over service Significant increase in other costs
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.� 9 \ Al Ari��w huh :� � > < hiloso h of less overnment
Vx���b i�.''l,��k�♦`a'r, Yy�,/fi .;:�,;a<.....>' 3 >�'� �..`hnt >� \,;� L,>s oQ�,.�,X c . � N•.�a� ppYg`�+»,.=� ; �`e`tSw '\ YCK bKt.�•`<.c��h a a\N x- a r.o9K°.fib. s X ,1. .�,,,>�,<�'�,:.v z,\v<cf'S �•aQ >L.� `4 mar`� �L�. ��S9+„�,�a.t 'S> >.c "'C i> q�b�i.� ���F>,Z' ,if x-,u.i aii. 2• L w hx .2•asx, .s¢ F. �'K {,cS,•�'@'�cY<�F-- NR""�� vx " � `'; » ;. �� invo vementin privateindustry•�g , C bc,x t ,A�•a,�gtxc . �F{ 1¢, r °Z\ N •f\ .mob,,'' icrr��,R�•t.:.),,.;.Q;atv .'v \.ti ',3 'r,Z.Sr>Q2�^,.,057, >,c7rcC ih t 'h)} Y S fi y.:g -x,<.1\:`.`'`1C¢l�r .> .2�e> ,S,' t .i,Y« {, vet•R..,'•. ,\•rr.,,a. .-, a. >r\.';,''' ,,` �'rCf `ia�,.'`9i i12.�� , �y . � ; � � y� rbN , �fi:F b H. Users have less levera aino:: � x Y` ,'ZrC, � xab'4. � � £, , ¢ '�+.. ,,, <'ttgZ *\�h N h �� ♦\ ,, H�.♦C LN y^ a r ,ems,> , >! a, -:S
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a <•Q���.f. d^<tx > .'nSo.. ,.R '�.5.1. >.x�s� �♦Mst �� �Ja„ ��,
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> .Y _ e �sca � �zi t, , � non-performance issues if Town
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y'' �; ` \��<+�x<a ,itt w .r,� � > � a ��, :-:c x�>�7 rovides the service (Town cannot
3 O'C<rs. '�°n. ,Z > \-`>wrl�,}>. 3 c,;y.y,t$`�F..#�. ,c <,♦rw�A^-� p
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<���� ,r\ :� �� >♦� a� x K �>�� � �� zA I. Increased labor, supervision,
,tea k�• 'p ` , �'�r°3� � F,y{�R },o\e c ,�r �' :`2 p
�•'t. ia>Nr,,> -`"1a"0A`�<.`>,��C x'R,�,zz`0.k »�FL�"fiiT Qci.F r*C�ral,\:£.v > ,,,,,,:;,;;;1/4:,,,,,,3:y!.,
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b.,*,:,
„,,,,5?��,kr 4, >at17: >��> �\.r, w ati� � �a,a�� � maintenance, higher human
iia St`Z��a'0.Z,xw�7�-?+r^),+ed t2�`„c> �`R�2>•�`♦yt4\`;` C¢.,1`,^'6�`"l°"}"��,`0.`>r ro�¢��'C L¢'?•,,'oer C`9k�t"Jt>'4U`Qf�,:rtA,^K`>i��a,N>tia tkk�'
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rrv„�.q�'� 2” rL>�1,�`.�„a)'o-ot” >.,rR > �J �a• >ox'l,>r}� x xt >,�S r�- ?YYb, ,:,::? . >��; t.> < �. ::%. resource issues
t^h ar t y a4t\oc<.�.5��"\f+'�>r�wC�„}� c.� a�¢>♦�t♦�J,.a�X. e '`'a,3`:« �'�.<< <:. �c`�{< `<,,fC\
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III. The "Do-Nothing" Approach by the Town
Pros Cons
Administrative Costs No ability to negotiate a lower price
Billings, complaints, bad debts, No ability to establish and
supervision of contractor (Town should administer standards and
consider third party billing if this would guidelines for contractors
result in savings)
No choice for users (residential, More damage to streets and roads
commercial, government)
Every resident pays even if they do not More air pollution
use the service
Contrary to the current philosophy of less Less safety for residents because
government involvement in private of less truck traffic
industry
'� w�+�• amu'i�a� ,��°att;�sasr� kay. \a c*`ax>}S�"t � ay�;x
;� �a�. ,n� +,�n�'.::C� t7a�`o>rc��'•�1��• ao,:\,<•� , ao .F< \`x•«�v >TH
Worse mana ement of rec clable
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'�L > a ��YMV4k.�t> � .a,�x > � > �< � ,t No ossibleprofit center for the
y... V<,C J ( p p
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y� }1,Z �`^"Q.Y^t ,w Y.. ¢ Z'}$. Y' X,,
t , 1u 'a>JS > \ )\ J Vk a Cx•>. xJK�♦ >�> xQ S.
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G
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r .x ,r�,_•,.
pay�� �n �c %, ,' „¢� �y";. � Town (provided there is no
o f•&tf-it y�,5L`.,,4,44:\c,„,
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a,>\ ,\x•,)J
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s „Xvr+\i>'7� wSae}'?`xFp'K'�t^9 a� '£<N^'.i+••-^�'^�'^'`C^YiKy"<'�
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: M � ��� � °h < .\��L}�J¢n�t _ � \,)\r >a � No potential benefit to Town's
` :a�.. h h£.F1'"',' ..,4` `,,,,z �v rt`tri ) -, <\`,r,s a\r 1,t,., s-i.:., ,,,
, C` �t-y r�(,C Z x ttr < �>� +no- war r i ,M ,+-.+a{♦ „a�e>
✓e h��tn�2-?:4 �a: ��\'".t a ,p r ,>.v,q}�"F,"�,d..p.,.}\aSi�,\,,.t t>a\k• �,t .� ..
a N � — i1.11,1,-,::,,—,,,Z
a\ �;,, ��Y� �g� s here °T. influence in future (growth
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v .-xs,ro a-•'�::k- L:.-,"- a Z<$,t`>R'.>3 �`q.,.�Z \- �yc\3� t> A,t• ,•�..:�,:. a.
�4rwn�`�2bb",,>ib��.:�a&TaeGf�i ,u:riAi.,♦.?xe�.{:¢.ve"�Cr:.�iiagc:tia,.Xf.>o , `3.�ta\u'"'o-n':}•:3> x
a . �.+. --,,..1,i7,-,7
D ^'�``eeAf`eQeeD ♦2 ,>b 713-0wyo•.•,e• +>,p'<...}'ea`�.a,>r•..,, ♦ m.,}.
or •Qk"�T� �'��� ``ir'"<�'y3�� x�A,`4c>�• ,-�v�',�.�ZH�o.F,'>�,�vwJ>f_aq�, Y't>�>'�•�� ',f ;
rY X' k<�<���� a Atw ° <•i t<N`•` ._y��jL>?Su`l^�,>k f� o.,, ? K.t,t^vr`&F>a. Nt.`,A' ., > > � No perceved real estate advantage
wg.,a"-r. PY't`NZ�3�'""„N',,,,..,,,,,,,.,,,,,,,,,,,,„,,,,„,4,...,„,,,,,
>". �o't'F�.a x > :♦ y`�s"\�tt'�1'���2 Y+��,�a+cx•. t+� -y ,>` tJ >Z a�.,i d,>,:
�'�`. '��` �'N� r'^��. � k� \��"`�.�- ,fix�'t r .a�, >�o�
�i ,rr S o- .,v; N G>"c @ pSW.L > tx> }r.b ,�,.rZ,\;a ♦,C 'J' <r . .< `> ..f
s �.�A, Y<r,�'�',s-,.x^R'�',j,'a,7. ; P>.i� '...,t^a1n >tiJ't S>Z,•a`o,e No:L ,ti:,;::.` ,:`•aJ�\:o.;
Za�Z Vf..,<>`,R,tk� a. �a>b�i Sdt,,,`<`t `n_�>-:•?r Zr T,f oy�.$'R �:-,r," •£>rt3,c.� r 3>a'�tC4C .\^fCaZ.•L , ,sj.?�F"a`\S,�,.�.•�'�.`�'^>`\2.vta,<�.
cS�L?x\7, • �tr:aa��:xXh `:i? z`\, mfi�z�r� ,�....tea. 5tyv Lti< k:i�} .Nv, .. (billed as a utilit and not art of the
.�1��`'.,•.��;`iP �\�����t,->��,��3cfi �+�-a�a��.yP, ��.Y �`C�R +a .,,at'�Y�3}�>t<i+t22�>�.ta'`> �F���'a'0.Z� Y p
`?•.Y'�;Qy>,J1..�F<2L:3Yi .,u ,e„">J�,3,>"C+y�-•nv !:.y� - >yh yt - ♦, .'. y. ♦ v.,-.`
�C -- .tr a��♦,Y C ��,i v� ♦♦,�c.2��o.0¢•N�,V�t ♦♦ t 'fit'\<a<•v•y db♦�.,,� `�♦t wa\>.>�,\i i i
`�.'� ��'� _ `'¢•2ttw 35?ro tW�iA a �xt>�>a,�'a�ak" �'`Rdov. 22 , ¢�C7Z`L"C�'✓L assessment)
r) k, #x- t\\, .+Q •iK>, r w, ZYav Ya. A`}.,c.J >tJ....-.Z,,\ tF, '.
�cs�.o � i�: y t,, a,>� r r:Y:r..Y,..�♦: t `.
C"C� tco'�dMu�`.,:`R�c";CC.i°. ?,' : `..YO`.cn�ti7Lt>'Qw:„ .,Q\::`L::.",a3..,oJ�.-x,1`x ,a`i`,'.tf'.S.G^`*�.�>'... ..•.
Additionally, options may exist that are hybrids to the outlined alternatives. The task
force also briefly considered the possibility of retaining a highly competitive supply
market for service delivery. Under this scenario, the service standards for competing
contractors could be regulated by Town code• However, this option would ignore the
safety and environmental issues expressed by the local citizen
Recommendation 1. Provision of Services
After consideration of the above the Task Force recommends that the Town provide
Solid Waste Collection Services to all Single Family Residential Homes. This should be
done by using alternative I, Contract Administration by the Town.
9
Recommendation 2. Zones of Services
The Task Force recommends that the sub contracts be let in at least two zones so that
the Town may evaluate not only the bids received but also requests for price changes
and levels of service (e.g. complaints received per thousand homes serviced).
The number of zones should be optimized by the Town Staff to ensure that zones are
small enough to attract bidding from medium sized vendors while maintaing enough
volume to ensure the advantage of leverage. We had considered specifying the
number of zones but recognize that the rapid growth in the number of residences may
require the town to revise this each time new bids are requested. Our general feeling is
that measurement of more than one company is required to assist in evaluating
performance. Further the historical volatility of the trash hauling companies in this
general area argues for reducing the bid size sufficiently that we ensure competition
with medium sized companies encouraged to bid.
B. Service Delivery Standards
The task force reviewed existing contracts of several municipalities in order to
understand the standards that should be considered and the choices made by various
municipalities. These contracts are summarized as Appendix D to this report. The
considerations included such things as length of the contract, hours of service, size of
containers, complaint administration and pricing reviews. Our conclusions are reflected
in the RFPs attached to this report.
The most contentious area of discussion was frequency of solid waste collection with
most of the members preferring twice per week collection but several members strongly
preferring once a week collection.
Among the reasons given by the minority for less frequent service were less air
pollution, less damage to town streets, energy savings, encouraging recycling by
reducing available space in waste cans, reduced traffic and safer streets, by
encouraging recycling improves the environment, lower costs and less days of trash
containers visible on streets.
The majority felt that some of the positives were not certain. For example costs might
not be lower as the same tonnage of trash would be hauled regardless of the number or
times the trucks were on a given street. In addition the `encouraging' of recycling by
reducing available space appeared to be a very negative way of getting recycling
participation. While most Task Force members are strong supporters of recycling
positive reinforcement was viewed as a preferable approach. The majority also raised
issues of overflowing garbage cans and possible odors and health risks, especially in
the hot summer. Perhaps most importantly, the Task Force felt that, with the majority of
10
the town currently receiving twice a week service, it would be difficult to convince the
citizens of accepting the town as a service provider with the imposition of lesser service.
Recommendation 3 Twice a Week Trash Collection
Accordingly the majority view was to provide twice a week service at this time, work
diligently to encourage recycling participation (see section C below), and consider
reducing collections to once a week at some future date. In addition we have asked for
bids in the RFPs on both basis so that the cost savings can be evaluated.
C. Recycling
Service
The Task Force strongly supports Oro Valley setting an objective of environmental
friendly administration. In line with this we believe that the Town should strongly
support recycling efforts and adopt the draft recycling policy statement attached as
Appendix E. As set forth in the specific recommendations below this support should
take three aspects.
First the recycling cost should not be shown as a separate fee on bills to the citizens as
this will tend to make it appear that it is an optional fee that the citizen can avoid.
Although the market for recycled materials is low, the Task Force believes that the
Town should be able to provide recycling services without substantial cost increase over
current rates. This is because we will be offering bidders attractive volumes, we plan to
bill consumers year around (see recommendation 6) and we plan to absorb the billing
function (see recommendation 7). Taken together we believe that the Town should be
able to negotiate rates for the combined service at or below current trash only service.
Recommendation 4 Recycling
The Task Force recommends that once a week Recycling Service should be included in
the basic charge for monthly Solid Waste Collection Services.
Materials
We believe that the recycled materials should include the following:
Fiber (brown bags, newspapers, cardboard and magazines)
#1 Plastic (soda, salad dressing and beer bottles)
#2 Plastic (milk jugs, detergent and shampoo bottles)
glass containers of all colors (no label removal required)
aluminum cans (no label removal but crushed to reduce volume)
steel cans, including aerosol containers (no label removal required)
These are the materials that can currently be received in Pima County recycling
locations (plus polystyrene food containers which are both messy and low volume and
are not recommended for inclusion in the program at this time)
II Facilitation & Education
11
Secondly we should facilitate recycling by making it easy. Among the measures we
support are not requiring the consumer to segregate the various recyclable materials,
not requiring removal of labels (particularly from glass containers), including as many
materials as can be handled in Pima County currently, and having weekly pickups (so
that citizens do not have to keep a recycling calendar).
Perhaps most importantly the Town should embark on an ongoing educational
campaign to encourage recycling. This education can utilize readily available materials
from Pima County, most trash haulers and specific materials adopted from other
jurisdictions.
Recommendation 5. Education and Ease of Recycling
The Town should also encourage recycling and use of the recycling services through
ease of use and by embarking on a positive educational campaign to encourage
resident participation.
Recommendation 6. Continuous Charges
The Task Force recommends that charges for the combined trash and recycling service
should be bill consistently throughout the year to all single family residences without
regard to actual occupancy or volume of usage.
The Task Force recognizes that there are a number of partial year residents in Oro
Valley and that these people often cancel trash service during the summer months
when they reside elsewhere. We note however that this is an expensive practice that
requires deleting them from the billing records and then restarting them upon their
return in the fall.
Further while the part time residents obviously don't produce trash in Oro Valley while
they are residing elsewhere, the costs of capacity to service their accounts doesn't 'go
away' when they are not in residence. The trash haulers must continue to amortize
their trucks and the recycling facilities can not shrink in size. We looked at the practices
of other utilities including water, telephone and electric companies and found that they
charge healthy connection fees to discourage termination of service and restarting by
part year residents. We believe that, given the relatively low monthly cost of trash
service it would be appropriate to continue to charge these partial year residents.
In fact, it is our view, that stopping their charges forces trash haulers to cover their
systems and capacity costs through higher rates. Effectively the full time residents are
subsidizing the partial year residents. By billing on a full year basis, overall rates should
be lowered contributing to absorbing the recycling costs.
Recommendation 7. Billing
The task force recommends that the Town should consider absorbing the billing of
these charges through its water utility, both to provide a significant cost savings and to
create a valid mailing data base for other town purposes.
12
The Oro Valley Water Utility billing system is capable of adding a monthly charge for
trash collection at little or no cost. The Water Utility has estimated that start up
programming for a one line fixed rate monthly charge would be as little as $500 and no
more than $1,000.
The utility currently bills 11,734 customers of which 9,675 are residential accounts ( the
remainder being commercial and golf course accounts). Of these 1,838 live outside Oro
Valley (in the Country Side area of Marana) and would not be impacted by our trash
collection decision. The utility plans to add another 984 residential accounts when
Metro Water District #1 is merged later this year which will bring the total number of Oro
Valley residential accounts to 8,821. Using the Planning and Zoning estimate of 10,000
residences that would mean that the file would have to be expanded by 1,179 non water
customers (generally those still served by Tucson Water) Say 1,200 in round numbers.
With bulk mail costs currently running $0.243 to $0.27 per bill and costs of inserting bills
and return envelopes running $0.07-.08 the additional running cost would be $0.31-0.35
per non water account. Taking the worst case and the rounded up 1,200 customers,
the incremental cost to bill these customers the trash fee would be no more than $420
per month.
Adding these customers would also be beneficial from a Town communication point of
view. Once added the town would have a constantly verified and updated mailing list of
all residences. This could be used for communication of various town messages, a
capability the town does not currently have.
Recommendation 8. Public Comment
The Task Force recognizes that this is a significant change in the scope of services in
the Town. Accordingly, while we are confident, after studying the various aspects, that
our recommendations are appropriate, we recommend that the Town invite public
comment. We think that this would best be done through two meetings. The first could
be a study session in which the members of the Task Force would present their findings
and respond to question. The second would be a public hearing, presumably at a
regularly scheduled Town Council meeting, to review and approve the changes required
in the Town Code. We suggest that both of these meetings be held prior to the
issuance of formal RFPs so that any revisions resulting from either Town Council or
public comments can be incorporated into the RFPs.
The Solid Waste Management Task Force has been honored to serve its Town and
would like to thank the Mayor and Council for its consideration with respect to this
important issue.
13
APPENDICES
14
APPENDIX A
TOWN OF ORO VALLEY
REQUEST FOR PROPOSALS
FOR
RESIDENTIAL SOLID WASTE COLLECTION
SERVICES
( CIean" Version)
(Red Line Version #2)
SEALED PROPOSAL SUBMISSION DEADLINE
NO LATER THAN , 1999.
Town of Oro Valley
Request for Proposals— Residential Solid Waste Collection Services
NOTICE FOR SEALED PROPOSALS
NOTICE IS HEREBY GIVEN THAT sealed proposals, will be received by the
Town of Oro Valley, until Mountain Standard Time, , 1999
for the following:
RESIDENTIAL SOLID WASTE COLLECTION SERVICES
Proposal forms, specifications and all necessary information may be obtained
from the Finance Director, 11,000 N. La Canada Drive, Oro Valley, Arizona,
85737.
Questions on this proposal may be directed to David Andrews, Finance Director.
Phone (520)297-2591, Fax (520)297-0428.
Proposal forms MUST be submitted with the proposal name shown on the front
of the envelope.
Proposals must be received prior to Mountain Standard Time,
1999, at which time they will be opened.
Proposals received must include a bid bond in an amount of 125% of the
total bid amount in order to be considered complete.
A Pre-Proposal Conference will be held on , 1999 at
in the Town of Oro Valley Council Chambers, 11,000 N. La Canada Drive, Oro
Valley, Arizona, 85737.
LATE PROPOSALS WILL NOT BE CONSIDERED.
The Town reserves the right to reject any and all proposals, or to accept any
proposals or combination of proposals deemed advantageous to it.
Policy on Nondiscrimination on the Basis of Disability — In accordance with the
Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act
of 1973, the Town of Oro Valley does not discriminate on the basis of disability in
the admission or access to, or treatment or employment in, its programs,
activities or services.
For information regarding rights and provisions of the ADA or Section 504, or to
request reasonable accommodations for participation in Town programs,
activities, or services, contact:
Kathi Cuvelier, Town Clerk
11,000 N. La Canada Drive
Oro Valley, Arizona 85737
(520)297-2591
1
Town of Oro Valley
Request for Proposals— Residential Solid Waste Collection Services
TOWN OF ORO VALLEY
REQUEST FOR PROPOSALS
I. REQUEST FOR PROPOSALS
A. Request
The Town is requesting proposals from firms to provide residential
solid waste collection services from within the Town's incorporated
boundaries. Proposals must include separate rates for those areas
designated as Sub-Region A and Sub-Region B as well as a
consolidated rate for the Town (Sub-Regions A & B) taken as a
whole.
Monthly bid prices per household for solid waste collection must
include residential curbside collection of recyclable materials at a
frequency of collection of one time per week. The price for the
recyclable collections must be separately indicated on the price
schedule.
The Town may also elect to provide billing and collection services.
Therefore, monthly price bid per household must separate billing
and collection.
B. Obtaining a Request for Proposal
This document is available to all qualified Contractors that request
a copy up to the closing date/hour of submission.
Copies can be obtained from the Town of Oro Valley, Finance
Department, 11,000 N. La Canada Drive, Oro Valley, Arizona,
85737 or by calling (520)297-2591.
A pre-proposal conference will be held on , 1999 in the
Town Council Chambers at 11,000 N. La Canada Drive, Oro Valley,
Arizona, 85737, at local time.
II. SCOPE OF WORK
The work is to provide collection, transportation and disposal of residential
solid waste from within the specifically designated areas, defined by the
contract, by means of an automated solid waste compaction truck
servicing 60 — 90 gallon plastic containers (excluding recyclable
materials as outlined in Section 11.D of this request for proposals), the
specific choice of the two sizes to be determined by the individual
customer. The containers should be of high quality and are to be supplied
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Town of Oro Valley
Request for Proposals— Residential Solid Waste Collection Services
by the Contractor, at the Contractor's expense. Service shall include all
labor, equipment, materials, insurance, supervision, facilities as required,
all other items incidental thereto, and performance of the work as specified
in the prescribed manner and time. The work specifically excludes
industrial and commercial solid waste collection. The work also
specifically excludes multiple family dwelling units and any other
residential units that utilize containers larger than 60 or 90 gallons
and collectively dispose of refuse from their individual households.
The contract resulting from this Proposal shall commence effective upon
execution by both parties and extend for an initial period of three (3) four
(4) years. The contract may be renewed at the Town's option for two-(2-)
three (3) additional years, , upon mutual agreement of
terms by both parties. If any renewal results in changes in the terms or
conditions, such changes shall be reduced to writing as an addendum to
this contract and such addendum shall be executed by both parties.
A. Contractor's Office and Manager
Throughout the period of this contract, the Contractor shall
establish and maintain a local office and an authorized managing
agent within, or conveniently adjacent to the Town of Oro Valley.
The Contractor shall furnish the Town the name of the managing
agent prior to commencing collection operations and shall notify the
Town if the managing agent is changed at any time. Any request,
instruction or order to the Contractor's agent shall serve as point of
contact for any dealings and communications with the Contractor.
The Town's point of contact shall be the Town Engineer, or any
successor thereto, or authorized representative(s) in all matters
pertaining to the performance of this contract.
Contractor's office shall have a responsible person in charge during
the time 7:00 a.m. to 6:00 p.m. Monday through Friday or other
hours as mutually agreeable by the Town to receive and act on all
complaints or requests for service by the Town. Contractor's office
shall maintain communication services available to the Town to
include telephone numbers, unlisted numbers, FAX numbers, pager
numbers, or other means to provide for convenient and expeditious
communications including a certain contact during weekends,
holidays, and after normal operating hours.
B. Fees
Prices shall be firm for twelve (12) months after start of the
Contract. Thereafter, the pricing shall be subject to yearly
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Town of Oro Valley
Request for Proposals— Residential Solid Waste Collection Services
adjustments. Such pricing adjustments shall be negotiated between
the Town and the Contractor with consideration to issues such as
changes in regulations, taxes, the Consumer Price Index, disposal
fees, prices for those recyclable materials specified in Section
ll.D.5 of the request for proposals, and fuel prices, plus a
reasonable margin. All requests for adjustments may be initiated
by the Town or the Contractor and must be submitted at least
sixty (60) days in advance of renewal to either
party's designated representatives or current pricing will
continue for the year.
Designated Community Clean Up Days (twice per year) shall be
provided free of charge and included in the pricing bid by the
Contractor. The Contractor shall provide an adequate number
of rolloffs at multiple locations throughout the Town for an
adequate time period to support an effective community
cleanup program.
Christmas tree collections shall be provided free of charge and
included in the pricing bid by the Contractor. Such collections shall
commence on December 26 of each year and continue for a period
of three (3) calendar weeks.
Respondents to this Request for Proposal shall submit to the Town
of Oro Valley, a collection service proposal which will address the
various components as set forth in this Request for Proposal.
The Town does not guarantee collection stops and number of
stops. Only residents of the Town of Oro Valley shall receive solid
waste collection service under this contract.
C. Disposal Sites
Contractor shall deliver all garbage, trash, brush, and other refuse
collected by it from premises in the corporate Town limits to Pima
County landfills, or other state approved landfills. Contractor shall
not deliver such collected materials to any designated
superfund site. No other location may be used for the disposal of
such refuse without the written approval and consent of the Town.
Title to all waste shall be vested in the Contractor upon being
placed in his vehicle.
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Town of Oro Valley
Request for Proposals— Residential Solid Waste Collection Services
D. Recycling and Resource Recovery
1. The Contractor shall provide residential curbside collection
of recyclable materials to all residential households.
2. The frequency of collection shall be one time per week.
�- Pricing for recycling pickup is to be separately itemized from
the monthly price bid per household for solid waste collection
on the price schedule. Price bids should assume a
4. The Contractor shall provide collection containers to each
residential household for the collection of recyclable material
at contractor's expense.
5. The recyclable materials to be collected by the contractor
shall include newspaper, container glass, corrugated
cardboard, magazines, steel/tinned cans, plastic food and
beverage containers (Type I & II plastics), and aluminum
cans. The customer is not required to remove labels from
recyclable materials. Materials can be comingled in the
same recycling bin.
6. All recyclable material must be simultaneously collected.
7. Generally, the contractor shall be prohibited from landfill
disposal or incineration of recyclable materials or from
marketing recyclable materials that will be landfilled or
incinerated. However, residual and rejected materials may
be landfilled or incinerated.
8. Contractor shall provide periodic reports to the Town
with regard to the recycling efforts achieved under the
contract.
E. Location of Area
The area to be serviced under this contract consists of possibly two
(2)sub-regions. It is possible that both of these sub-regions may be
consolidated into one region upon action by the Town Council.
1. Sub-region A encompasses the residential dwelling units
located from to See Map 1.
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Town of Oro Valley
Request for Proposals—Residential Solid Waste Collection Services
2. Sub-region B encompasses the residential dwelling units
located from to See Map 2.
3. In the event any residential units are annexed by the Town in
the future, Contractor agrees to service such areas, pursuant
to the terms of this Contract, no later than thirty days from
the effective date of annexation upon the same terms and
conditions as contained in this agreement.
F. Number of Households
The estimated number of households for which collection service is
to be provided is based upon available data. There is no guarantee
of any minimum or maximum number of households. The numbers
below are based upon the best available information and may
change during the contract period due to continuing growth of the
Town.
1. Sub-region A Households
2. Sub-region B Households
3. Consolidated Households
G. Collection Schedules
Contractor shall prepare collection schedules and route maps for
Town approval prior to implementing service. The Town will
consider any schedule adjustments to improve effectiveness or
efficiency, but no changes may be made at any time without
authorization by the Town. Upon approval, Contractor shall assure
that adequate equipment, trained personnel, and material are made
available to begin work on the date ordered by the Town Engineer
and comply with the schedule.
Collection routes or schedules may be incorporated into other
collections the Contractor may have, that are not included in this
contract. Such collections may be made before or after collections,
but such scheduling must be approved by the Town and may only
be changed upon Town approval.
H. Materials to be Collected
The Contractor shall furnish all labor, supervision, training, material,
permits, licenses and equipment necessary to provide for
automated residential solid waste collection within the designated
contract area of the Town as follows:
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Town of Oro Valley
Request for Proposals—Residential Solid Waste Collection Services
1. Refuse generated by any residential household that utilizes
or will utilize individual 60 or 90 gallon plastic containers and
curbside refuse collection. Multiple family dwelling units and
any other residential units that utilize larger containers and
collectively dispose of refuse from their individual
households are specifically excluded from the proposal.
Commercial and industrial refuse is also specifically
excluded from the proposal.
2. Materials not to be collected will include: concrete, rubble,
and refuse from remodeling, construction or demolition of
buildings, or dirt and sod or yard renovation waste, or
furniture, appliances, tree trunks or large limbs or other
material as might cause harm to persons, equipment, or
property in an attempt to collect such.
3. Contractor will not be required to collect toxic or hazardous
waste as defined under regulations established by the
Arizona Department of Environmental Quality.
4. Contractor may refuse to service a location assigned only
when one of the following apply:
A. Refuse has not been placed in an approved container
as assigned or a designated pickup location.
B. Materials as listed in part H(2) above, have been
placed in the container or materials are of such bulk
and weight the container cannot be lifted safely.
I. Time, Place and Frequency of Collection
At such time as service is requested, the Contractor shall make
arrangements to deliver a plastic container and an information
sheet explaining the service. Resident shall place the 60 or 90
gallon container (the specific choice of the two sizes to be
determined by the individual customer) at the curb as prescribed in
the information pamphlet. Contractor shall not begin collections
prior to 7:00 a.m. each day and shall be completed by 6:00 p.m.
each day. Contractor shall route trucks to minimize interference
with traffic. Any instructions to this end by the Town shall be strictly
observed by the Contractor.
Contractor shall separate proposed prices for once a week and
twice a week collection service on the price bid schedule.
Additionally, Contractor shall provide once a week collection
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Town of Oro Valley
Request for Proposals- Residential Solid Waste Collection Services
service for recyclables to be separately itemized in the proposed
prices. Collections shall be performed on a Monday — Friday
schedule. Collections will not be scheduled on Saturdays or
Sundays but may be made on these days only under emergency
conditions or with the knowledge and permission of the Town.
J. Holidays
The following days are to be considered designated holidays:
New Year's Day Labor Day
Martin Luther King Day Veteran's Day
President's Day Thanksgiving Day
Memorial Day Christmas Day
Independence Day
If a designated holiday falls on a collection day, the Contractor shall
not be required to provide collection service on that holiday and
shall not be required to provide a "makeup" collection in lieu of that
holiday. In the event that the Town elects once a week trash
collection, the Contractor shall provide collections service on
the day after or before the designated holiday.
K. Public Relations, Customer Relations
The Contractor shall be mindful that the Contractor is an integral
part of a continuing Town service to which residents are
accustomed and upon which they rely. Therefore, the Contractor
shall be positive and cooperative with the Town and with its
individual residents in meeting their needs for refuse removal.
Contractor and Contractor's representatives shall make every
reasonable effort to provide service regardless of errors in
customer preparation. Where repeated or substantial mistakes are
found, the Town shall be notified to initiate corrective measures.
The Town will encourage the resident to comply with regulations
and approved practices. The Town will also make contact with
violators as the need arises, or as requested by the Contractor.
L. Care and Diligence
The Contractor shall exercise all reasonable care and diligence in
collecting refuse. Collection equipment shall be muffled and
operated at acceptable noise levels. Equipment shall be
maintained to prevent leaks of oil or other liquids, and any such
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Town of Oro Valley
Request for Proposals—Residential Solid Waste Collection Services
leaks will be covered immediately and cleaned up. Every effort is
to be made to protect persons and property from damage for any
cause.
Contractor shall provide such personnel and equipment, including
reserves and develop reasonable route assignments, as to assure
adherence to schedules, as determined.
Contractor must exercise due care to avoid dropping of refuse
through collector activity and shall immediately at the time of
occurrence clean up such spillage, dropping or scattering.
M. Employees
1. Contractor's employees, officers, agents, and subcontractors
shall at no time be allowed to identify themselves, or in any
way represent themselves, as being employees or agents of
the Town of Oro Valley.
2. Contractor's employees, including supervisory personnel,
shall be required to wear clean uniforms during work hours
bearing the Contractor's name. Those employees who
normally and regularly come in direct contact with the public
shall bear in clear view, or produce upon request, either a
name tag or identification card, or both, to identify that
individual.
3. Employees operating Contractor's collection vehicles shall at
all times possess and carry a valid Commercial Driver's
License (CDL) issued by the State of Arizona.
4. The Contractor shall prohibit the drinking of alcoholic
beverages and/or the use of intoxicating or debilitating
chemical substances by drivers and crew members while on
duty, or in the course of performing their duties under this
contract. Contractor shall immediately remove from duty
under this contract any employee under the influence, or
appearing to be so, of such substances.
5. The Contractor shall require its employees and personnel to
make all collections in a quiet and orderly manner, to avoid
unnecessary noise and disturbances.
6. The Town may require the Contractor to remove from
service, under this contract, any Contractor employee
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Town of Oro Valley
Request for Proposals— Residential Solid Waste Collection Services
deemed by the Town to have consistently or to have
flagrantly violated the conditions and intent of this contract.
N. Contractor Vehicles
Contractor shall provide and maintain during the entire period of
this contract collection vehicles sufficient in the number and
capacity to efficiently perform the work and render the services
required by this contract. Contractor shall have immediately
available such additional vehicles, equipment, and personnel to
assure collections continue on schedule during breakdowns and
repair.
The body of the trash collection trucks shall be fully
enclosed, hopper covered, water tight and designed to compact the
refuse.
All trucks or other equipment used in refuse collection shall be
thoroughly cleaned at least once a week and deodorized or
disinfected when necessary to maintain such equipment in a
sanitary and non-offensive condition. The Town shall reserve the
right to inspect the vehicles at any time to ascertain condition.
Each truck shall carry at all times a shovel and a broom or rake, to
be used for collection of spilled refuse.
The Contractor shall notify the Town immediately of any hydraulic
fluid, fuels or other hazardous material spills on the streets and take
all necessary actions for the prompt cleanup and proper disposal of
the spills.
The noise level for the collection vehicles during the stationary
compaction process shall not exceed seventy-five (75) decibels at a
distance of twenty-five (25) feet from the collection vehicle and an
elevation of five (5) feet from the horizontal base of such vehicle.
All vehicles at time of purchase must comply with applicable EPA
noise regulation.
During collection activities, operators shall observe procedures and
exercise good judgement to create minimal disturbance to residents
of the Town.
All equipment used in the service of this contract shall be well
maintained, kept in good repair, and shall at all times comply with
State and Federal DOT safety regulations. Additionally, the
vehicles shall be equipped with signs, flashing lights, mirrors, and
other devices as dictated by the Town, to warn and protect others
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Town of Oro Valley
Request for Proposals— Residential Solid Waste Collection Services
in the vicinity of the operating vehicle. This shall include an
operating electronic device to warn opera others of a potential
collision when backing the vehicle.
The Contractor's vehicles used in service of this contract shall be of
uniform color and shall be clearly identified with the name, address
and phone number of the company's local office on each side of the
equipment. The collection vehicles shall have this information in
letters and numbers at least six inches (6") high and of appropriate
width, and shall carry an identity number on three sides of the
vehicle at least ten inches (10") high.
.
ege -e-
Alb lib
Contractor shall furnish the Town with a list of all equipment to be
used in fulfillment of this contract and immediately promptly notify
the Town when any additions or deletions take place. At a
minimum, this list shall give the make, model, year of manufacture,
serial number, license number, company ID number, type, size, and
manufacturer of body of each vehicle.
All Contractor vehicles shall be equipped with two-way radio
communications and shall remain in constant contact, during
operations, with the local office of the company.
The collection system and type of vehicles used shall remain the
same during this contract unless requested changes receive prior
approval from the Town.
The Town shall have the option and the right at any time, without
question, to order a vehicle removed from service for actual of
non-compliance with any of the preceding requirements,
and in so doing shall in no way relieve the Contractor of his
responsibility for meeting the collection schedule requirements.
Any vehicle so removed shall not be returned to service until the
Town has been satisfied that the vehicle is in compliance and
authorized the return to service.
III. DELINEATION OF RESPONSIBILITIES
A. Responsibilities of the Contractor
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Town of Oro Valley
Request for Proposals—Residential Solid Waste Collection Services
The Contractor shall be responsible to undertake the services
identified under Section II above, when the contract is awarded.
Contractor is also responsible for the following:
1. Payment
In the event the Contractor provides billing and collection
services, the billing cycle shall be no more than one time per
quarter of the year.
In the event the Town elects to provide billing and collection
services, the Contractor shall submit an invoice to the Town
no later than the last day of each month for services
performed the previous month. The Town shall pay the
Contractor within thirty (30) days of receipt of the claim.
Payment shall be based on the number of households in the
contract area receiving Town of Oro Valley residential solid
waste collection services. The Town will deduct any
assessments due from the payment due to the Contractor.
The price paid shall be the product of the unit prices bid for
contained refuse collection services and the number of
households served during the monthly period.
All invoices must be submitted in duplicate, itemized as to
quantity, unit prices, and description.
Mail all invoices to the Town of Oro Valley Department of
Public Works, 680 W. Calle Concordia, Oro Valley, Arizona,
85737.
2. Performance Bond
When the contract is signed, the successful bidder will
furnish surety bonds payable to the Town of Oro Valley, from
a surety company authorized to do business in the State of
Arizona and represented by an agent doing business in the
State of Arizona. The bond shall be in an amount equal to
one hundred percent of the contract as surety for the faithful
performance of the contract. The bond will be for the full
term of the contract.
This contract shall not become effective until the bonds has
been delivered to the Town Engineer and approved by the
Town Attorney. This contract shall be subject to termination
by the Town at any time if said bonds shall be cancelled.
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Town of Oro Valley
Request for Proposals— Residential Solid Waste Collection Services
Any notice of cancellation of such bonds must be served
upon the Town by delivering a written notice of cancellation
to the office of the Town Engineer, and a copy to the Town
Clerk and the Town Attorney thirty (30) days prior to the
effective date of said cancellation.
This contract shall not be terminated because of this
provision if, within ten (10) days after service cancellation as
provided above, Contractor files with the Town similar bonds
approved by the Town Attorney to be effective for the
balance of the contract period commencing on the date of
such termination.
3. Ordinance
The Contractor shall comply with the Oro Valley Town Code,
Chapter 9, "Garbage and Litter", its successor and any and
all amendments thereto. A copy of the current Chapter 9 is
attached as part of this bid solicitation.
4. Permits/Licenses
The Contractor shall obtain at Contractor's own expense, all
permits and licenses required by law or ordinances and
maintain same in full force and effect throughout the term of
this contract.
Contractor shall also pay, at Contractor's own expense, all
fees associated with the collection, removal and
disposal/dumping of refuse. Permits and licenses that may
be required, but may not be limited to, include the following:
a. Pima County Health Department Garbage Hauler
Permit
b. Town of Oro Valley Business License
5. Log of Complaints
Complaints received by the Contractor may be investigated
and resolved by the Contractor where only the Contractor's
resources are involved, or the Contractor may refer the
complaint to the Town for resolution. A log of all complaints
received shall be kept by the Contractor and each month a
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Town of Oro Valley
Request for Proposals—Residential Solid Waste Collection Services
list of the complaints and action taken shall be provided to
the Town.
Complaints received by the Town shall be investigated by
the Town unless referred to the Contractor for resolution.
The Town will determine what action is necessary and the
Contractor will be informed of action taken or required.
Whatever the source or method of resolution, the Town
shall, in processing complaints, sort them as to whether or
not the Contractor was remiss or negligent or if the incident
was not chargeable to the Contractor. The records of
complaints shall be periodically reviewed and analyzed to
determine any excesses or trends in need of attention to
assure quality of performance.
Should a customer notify the Contractor of a missed
collection by noon of the scheduled day, the Contractor shall
provide the collection for that customer before the end of the
same workday.
Should the Contractor fail to render collection within twenty-
four (24) hours after verbal notification to Contractor's
authorized representative of a valid missed collection
complaint, the Town Engineer may make whatever
arrangements that are necessary to provide the service. All
costs, charges, or other damages incurred by the Town
together with the cost of completing the work, are liabilities of
the Contractor and Contractor's Bond. All costs incurred by
the Town shall be deducted from any monies due, or coming
due, to the Contractor.
The Contractor, aided by the Town when necessary, shall
identify and contact residents who are frequent complainants
to alleviate the condition causing the complaint.
6. Public Convenience and Safety
The Contractor shall observe Town Ordinances relating to
obstructing streets, and sidewalks, keeping alleys or other
rights-of-way open and protecting same, and shall obey all
laws and Town Ordinances controlling or limiting those
engaged in the work.
The Contractor is granted the right of using the streets or
alleys for the purpose of doing work specified in the
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Town of Oro Valley
Request for Proposals— Residential Solid Waste Collection Services
Contract, but Contractor is not granted exclusive use of such
streets or alleys. The Contractor shall handle the work in a
manner that will cause the least inconvenience and
annoyance to other users of such streets, alleys, or the
adjacent properties.
There is hereby reserved to the Town every right and power
which is required to be herein reserved or provided by any
ordinance or the Code of the Town, and the Contractor
agrees to be bound thereby and to comply with any action or
requirements of the Town in its exercise of such rights or
power, heretofore or hereafter enacted or established.
The awarding of a contract as provided for herein shall not
constitute a waiver or bar to the exercise of any
governmental right or power of the Town. No right or
examination shall be granted to the Contractor except those
specifically prescribed herein.
7. Examination of the Site of Work
By the submission of a proposal, the Contractor represents
that Contractor has carefully examined the collection
regions, the disposal sites, specifications, and all other
contract documents, and that the Contractor is fully informed
concerning the requirements of the Contract, the physical
conditions to be encountered in the work, and the character,
quality, and the quantity of service to be performed, and of
labor, materials, and equipment to be furnished.
The Contractor will not be entitled to additional
compensation if Contractor subsequently finds that
conditions require methods or equipment other than that
anticipated by Contractor in making Contractor's bid.
Negligence or inattention of the Contractor in determining
site conditions prior to filling Contractor's proposal, in any
phase of Contractor's performance of the work, shall be
grounds for refusal by the Town Engineer to agree to
additional compensation for additional work caused by such
negligence or inattention.
8. Qualifications of Bidder
The Contractor must be qualified by experience, financial
stability, and equipment to do the work called for in the
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Town of Oro Valley
Request for Proposals— Residential Solid Waste Collection Services
contract. - e• e - . - ..•.•.. .. . - - -
9. Compliance
All refuse must be collected at the scheduled time. Failure
to perform any term of the agreement or condition may result
in declaring the Contractor in default. However, the Town
may at its option invoke the following assessment in lieu of
declaring the Contractor in default.
a. Route Order
The Contractor shall not collect the refuse in the a
significantly different order than that specified on
the route maps provided to the Town. The
assessment for collecting that refuse in any other
order without notifying the Town and the affected
residents before the change shall be $1,000.00 for
each occurrence. In the event it is necessary to make
minor adjustments due to temporary situations,
notification is not necessary. For example, if a utility
crew is working one block of an alley and will be
finished within an hour or two, the Contractor shall
return to that location later in the day to make that
collection. If the collection is completed on that day,
no notification is necessary. The intent of this
condition is to prohibit execution of a route in reverse
or partial reverse order.
10. Refuse Containers
Contractor will perform all maintenance and repairs upon
residential containers as necessary to maintain them in
proper operating order. Contractor further agrees that it will,
replace residential containers as necessary. Such
containers are to be made of high quality materials.
Contractor shall be entitled to seek restitution for all
maintenance and repairs occasioned by the negligent or
intentional acts of third parties from such persons
responsible for such damage to Contractor owned
containers.
11. Records
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Town of Oro Valley
Request for Proposals— Residential Solid Waste Collection Services
Contractor shall provide Town such operating and financial
information as the Town may from time to time request
bearing on the performance of this Contract.
12. Liability, Damages and Remedies
a. Environmental Conditions. The Contractor must
comply with all applicable federal, state and local
environmental laws, regulations and ordinances. The
Contractor must defend and indemnify the Town for
any required remediation and for all liabilities, losses,
claims, judgements, fines or demands arising from
injury or death to any person, damage to any real
property or any environmental damage arising out of
violations of applicable laws, regulations and
ordinances.
b. Insurance. Before the commencement of any
services, the Contractor must provide the Town with
certificates of insurance identifying this Agreement by
number or name. All required insurance policies,
except Worker's Compensation and Professional
Liability, must name the Town, its agents and
employees, as Additional Insured, and must specify
that the insurance is primary insurance. Any
insurance carried by the Town, its agents or
employees, is excess coverage, and not contributory
coverage to that provided by the Contractor. All
insurance policies are subject to approval by the
Town. The Contractor must give the Town thirty (30)
days written notice before canceling any policy. The
Contractor's failure to furnish evidence of insurance or
to keep current insurance will be considered a breach.
All certificates are to be sent on an annual basis to:
David Andrews, Finance Director
Town of Oro Valley
11,000 N. La Canada Drive
Oro Valley, Arizona 85737
1. The Contractor must carry Worker's
Compensation insurance to cover obligations
imposed by federal and state statutes having
jurisdiction of employees engaged in the
performance of the work or services, and
Employer's Liability Insurance of not less than
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Town of Oro Valley
Request for Proposals— Residential Solid Waste Collection Services
$500,000 for each accident, $500,000 disease
for each employee, and $500,000 disease
policy limit.
The Contractor must require subcontractors to
provide Worker's Compensation and
Employer's Liability with at least as much
coverage as that provided by the Contractor.
2. The Contractor must carry
Commercial/Business Automobile Liability with
a combined single limit for bodily injury and
property damages at no less than $1,000,000
for each occurrence on all vehicles the
Contractor uses whether owned or leased, in
the performance of the work or services under
this Agreement. The Commercial General
Liability additional insured endorsement must
be at least as broad as the Insurance Service
Office Inc.'s, Additional Insured, Form B, C, G
20101185, or any replacement of it.
3. The Contractor must carry Commercial
General Liability insurance with an unimpaired
limit of not less than $1,000,000 for each
occurrence with a $2,000,000 General
Aggregate Limit. The policy must be primary
and the coverage shall not exceed Explosion,
Collapse and Underground (X, C, U).
Coverage must extend for two years past
completion and acceptance of the project, and
the Contractor must provide annual Certificates
of Insurance of continued coverage.
4. The Contractor must carry Umbrella/Excess
Liability insurance with an unimpaired limit of
not less than $1 million per occurrence
combined limit bodily injury and property
damage, and applies in excess of the
Commercial General Liability, Automobile
Liability and Employer's Liability, as required
above.
In the event any of the above insurance
policies are written on a "claims made" basis,
coverage must extend for two years past
18
Town of Oro Valley
Request for Proposals— Residential Solid Waste Collection Services
completion and acceptance of the work or
services as evidenced by annual Certificates of
Insurance.
c. Indemnification. Contractor must indemnify and
defend the Town, its agents and employees, against
all claims, damages, losses, and expenses resulting
from the Contractor's intentional or negligent acts,
mistakes, or omissions in performance of this project.
This includes any intentional or negligent acts,
mistakes, or omissions of the Contractor's
subcontractors.
The amount and type of insurance coverage required
as set forth in paragraph C in section 12 above does
not limit the scope of indemnity in this paragraph.
d. Attorney Fees and Costs. If either party brings an
action or proceeding for failure to observe any of the
terms or provisions of this project, the prevailing party
may recover, as part of the action or proceeding, all
litigation, arbitration and collection expenses,
including, but not limited to, witness fees, court costs,
and reasonable attorney fees.
e. Binding Arbitration. If the parties mutually agree,
claims, disputes or other matters in question may be
submitted for arbitration and decided according to the
Arizona Uniform Rules of Procedure for Arbitration.
Demand for arbitration must be filed in writing with the
other party to this Agreement.
f. Compliance with the Law. The Contractor must
comply with all federal, state, and local laws and
ordinances applicable to its performance under this
contract including any environmental regulations. The
Contractor will comply with the Americans with
Disabilities Act (ADA) and will indemnify the Town for
any costs, including, but not limited to, damages,
attorney's fees, and staff time in any action or
proceeding brought alleging violation of the ADA. The
Contractor will not discriminate against any person on
the basis of race, religion, color, age, sex, or national
origin in the performance of this Contract, and must
comply with the terms and intent of Title VII of the
19
Town of Oro Valley
Request for Proposals— Residential Solid Waste Collection Services
Civil Rights Act of 1964, P.L. 88-354 (1964). In
addition, the Contractor must include similar
requirements of subcontractors in any contracts
entered into for performance of the Contractor's
obligations under this Contract. The Contractor
agrees not to participate in or cooperate with an
international boycott, as defined in Section 999 (b)(3)
and (4) of the Internal Revenue Code of 1954, as
amended, or engage in conduct declared to be
unlawful by Arizona state law. In addition, the
Contractor must include similar requirements of all
subcontractors in contracts entered for performance
of the Contractor's obligations under this Contract.
B. Responsibilities of the Town of Oro Valley
In the event the Town elects to provide billing and collection
services, the Town of Oro Valley will pay invoices submitted in
conformance with the contract within thirty (30) days after submittal,
but no more than once per month.
New containers issued by the Contractor on or before the 15th of
the month, will be included in the total count for that month. New
containers receiving service after the 15th of the month will be
included in the next month total. The definition of households
requiring containers is outlined in II.H.1.
C. Review Committee
The Town of Oro Valley will set up a review committee to review
this proposal.
D. Termination of Contractor
The Town of Oro Valley reserves the right to terminate any part of
or the entirety of any contract that may result from this proposal,
• -:. ._ ..- - -: - _ - '--- • ' - if the Contractor has not
satisfied any conditions of the contract as provided in writing
by the Town to the Contractor within thirty (30) calendar days of
Contractor's receipt of such written notice. In such case, the
Contractor shall be paid for services rendered through the date of
the termination notice.
IV. PROPOSAL FORMAT
The Contractors detailed proposal shall include the following:
20
Town of Oro Valley
Request for Proposals—Residential Solid Waste Collection Services
A. Letter of Transmittal and Scope
The letter of transmittal shall be addressed to the Finance Director,
Town of Oro Valley, 11,000 N. La Canada Drive, Oro Valley,
Arizona, 85737 and must, at a minimum, contain the following:
1. Identification of the Contractor including name, address and
telephone number and FAX number.
2. Location of the office from which service will be provided.
The letter shall be signed by an officer of the firm authorized to
contract for the work. Proposals shall not include any unnecessary,
elaborate or promotional materials.
The proposal shall include the Contractor's detailed concept and
implementation schedule for the scope of work.
B. Contractor's Experience
The proposal must include a demonstration of the Contractor's
knowledge, experience, and number of years in operation. This
shall include a list of similar contracts/operations and a description
of the Contractor's equipment and general organization with name
and key personnel, indicating the depth and quality of experience.
A statement shall describe the Contractor's organization including
the location of the company headquarters and office to be involved
in this project.
References (3 minimum) shall be provided with contacts and phone
numbers for similar contracts/operations done by the personnel to
be involved in these projects.
C. Financial Statement and Fee Schedule
Respondents shall submit a financial statement in accordance with
generally accepted accounting principles and practices as part of
their response to the RFP.
V. PROCESSING OF PROPOSALS
A. Written and Oral Questions
Insofar as practicable, any relevant questions concerning the
request for proposals or scope of work should be submitted in
21
Town of Oro Valley
Request for Proposals— Residential Solid Waste Collection Services
writing at least 7 days prior to opening date, to the Finance
Director, Town of Oro Valley, 11,000 N. La Canada Drive, Oro
Valley, Arizona, 85737.
B. Pre-Proposal Briefing
Pre-proposal Conference as stated in Section I, Item B.
C. Submission of Proposal
To receive consideration, copies of the proposal must be
received in the office of the Finance Director, 11,000 N. La Canada
Drive, Oro Valley, Arizona, 85737, no later than p.m.
1999. All proposals will be held in confidence until
contract has been awarded. Late submittals will not be considered.
D. Fee Schedule
The price schedule as included with this proposal must be
completed and signed by an authorized representative of the
Contractor or the Contractor's proposal will be considered
incomplete.
E. Rejection of Proposals
The Town of Oro Valley reserves the right after opening the
proposals to reject any or all proposals, or to accept the proposal(s)
that in its sole judgement is in the best interest of the Town of Oro
Valley.
F. Pre-contractual Expenses
The Town shall not, in any event, be liable for any pre-contractual
expenses incurred in the preparation of its proposal prior to
issuance of the project Notice to Proceed by the Public Works
Department.
Pre-contractual expenses are defined as expenses incurred by the
Contractor in:
1. Preparing and submitting proposal(s) to the Town;
2. Negotiations with the Town on any matter related to the
contract terms, professional fees, and schedule;
3. Any other expenses incurred by the Contractor prior to
reaching agreement in advance of the date of award of the
proposed contract.
22
Town of Oro Valley
Request for Proposals— Residential Solid Waste Collection Services
G. Notification of Unsuccessful Contractors
Unsuccessful potential Contractors shall be notified as soon as
possible by the Town of Oro Valley following a determination of
whatever point in the selection process such determination is
made. It is estimated that the selection process should take ninety
(90) days or less in its entirety.
VI. SELECTION OF CONTRACTOR
A. Qualifications
The Contractor may be a single firm or a joint venture and must
show evidence of its technical capability in this work. The
Contractor shall also be knowledgeable of all applicable federal,
state and local government regulations. Work shall be done in
conformance with current professional practices in the State of
Arizona.
B. Criteria for Selection
Selection among the proposals received shall be based upon the
following criteria:
1. Contractor's knowledge, skills and abilities to meet service
performance requirements including past performances and
customer service satisfaction — 50%
2. Fees — 50%
The Town may prepare a short list of firms from the submitted
proposals for oral presentations to a Review Committee. This
decision will be based on the high number and quality of proposals
received. If proposals are determined of a high enough quality, oral
presentations may be waived and a finalist selected based on
proposals submitted.
In the event oral presentations are required, the Town of Oro Valley
will not be responsible for any expenses incurred by the potential
Gensultants Contractors for these presentations. New evaluation
criteria may be established for oral interviews. The Town will
provide the desired format and criteria prior to the oral
presentations.
The final selected Contractor(s) will be recommended for
contracting for this work.
23
Town of Oro Valley
Request for Proposals— Residential Solid Waste Collection Services
However, if it is determined to be in the best interest of the Town of
Oro Valley, all proposals may be rejected and the Town may
reissue the Request for Proposals.
C. Execution of Contract
After selection of the successful Contractor, the Town of Oro Valley
shall execute a contract under which the work is to be performed.
The Town reserves the right to separately issue contracts for any or
all of the components of this project.
The Contractor shall not assign or transfer any or all of its rights,
duties, or obligations without the prior written consent of the Town.
The conditions of non-assignment and non-transfer shall also
apply if there is a change in ownership of the Contractor. The
Contractorp roposal shall indicate if there are any problems with
meeting the terms of the contract and this proposal, including all
insurance requirements.
It is agreed by the Contractor that upon Contractor's failure to enter
into the contract and furnish the necessary insurance, and
Performance Bond, within ten (10) calendar days after the date of
notification of the award of contract or as mutually agreed upon by
the Town and the Contractor, the award of the contract may then,
at the discretion of the Town, be made to the next
responsible/responsive Contractor, or the work may be re-bid.
VII. CONFLICT OF INTEREST INFORMATION
Information on possible conflict of interest shall be provided in the
proposal. Such information shall be taken into account in making a
decision on the selection of the Contractor(s) to perform the work.
VIII. CONTACTS
Questions regarding this offering, needs for additional data, or information
should be forwarded to:
David Andrews, Finance Director
Town of Oro Valley Finance Department
11,000 N. La Canada Drive
Oro Valley, Arizona 85737
Phone: (520)297-2591
FAX: (520)297-0428
24
Town of Oro Valley
Request for Proposals—Residential Solid Waste Collection Services
Town of Oro Valley
Residential Solid Waste Collection Services
Response to Request for Proposals
Price Schedule
(2X Weekly Solid Waste and 1X Weekly Recycling Collections)
Sub-Region A Monthly Price per Household
Item Description
Solid Waste Collection
(2X Weekly)
Recycling Collection (1X weekly)
Billing and Collection
Total Price Bid per Household
Sub-Region B Monthly Price per Household
Item Description
Solid Waste Collection (2X Weekly)
Recycling Collection (1X weekly)
Billing and Collection
Total Price Bid per Household
Townwide Monthly Price per Household
(Sub-Regions A & B)
Item Description
Solid Waste Collection (2X Weekly)
Recycling Collection (1X weekly)
Billing and Collection
Total Price Bid per Household
Title
Contractor
By Date
* Any additional fees not specified on this price schedule must be
disclosed as an addendum to this price schedule.
25
Town of Oro Valley
Request for Proposals—Residential Solid Waste Collection Services
Town of Oro Valley
Residential Solid Waste Collection Services
Response to Request for Proposals
Price Schedule
(1X Weekly Solid Waste and 1X Weekly Recycling Collections)
Sub-Region A Monthly Price per Household
Item Description
Solid Waste Collection
(1X Weekly)
Recycling Collection (1X weekly)
Billing and Collection
Total Price Bid per Household
Sub-Region B Monthly Price per Household
Item Description
Solid Waste Collection (1X Weekly)
Recycling Collection (1X weekly)
Billing and Collection
Total Price Bid per Household
Townwide Monthly Price per Household
(Sub-Regions A & B)
Item Description
Solid Waste Collection (1X Weekly)
Recycling Collection (1X weekly)
Billing and Collection
Total Price Bid per Household
Title
Contractor
By Date
* Any additional fees not specified on this price schedule must be
disclosed as an addendum to this price schedule.
26
MAP #1
SUB-REGION A
MAP #2
SUB-REGION B
9-1-1
CHAPTER 9
GARBAGE AND or vestibules belonging or appurtenant to
LITTER such dwelling, house. building or other
structures: and any vacant lot.
D. "Refuse" means all garbage and trash.
ARTICLE 9-1 DEFINITIONS
ARTICLE 9-2 GARBAGE AND TRASH E. "Trash" means all nonputrescible
COLLECTION wastes.
ARTICLE 9-3 HAULING AND
DUMPING PROVISIONS ARTICLE 9-2 GARBAGE AND
9-4 REMOVAL OF LITTER
ARTICLE TRASH
COLLECTION
ARTICLE 9-1 DEFINITIONS
9-2-1 Collection Agency
911
_ _ Definitions Generally 9-2-2 Collection Hours
9-2-3 Rates
9-1-1 Definitions Generally 9-2-4 Preparation or Disposal of Refuse
In this chapter unless the context 9-2-5 Location for Pick Up
otherwise requires:
9-2-6 Lids and Covers
A. "Garbage"e" means all putrescible 9-2-7 Use of Containers
wastes, except sewage and body wastes.
g
including
all organic wastes that have been 9-2-1 Collection Agency
prepared for, or intended to be used as, food The town, or other collectors authorized
of bythe town, shall collect all refuse within
or have resulted from the preparation
food, including all such substances from all the town. No person, except as provided in
public and private establishments stab and this chapter. shall collect or gather refuse
residences. within the town.
B. "Litter" means any rubbish. trash,
weeds. filth
and debris which shall constitute 9-2-2 Collection Hours
safety and shall The hours of collection of refuse shall be
a hazard to public health and
include all putresciblenonputrescible and designated by the council.
solid wastes including garbage, trash, ashes,
street cleanings, dead animals, abandoned 9-2-3 Rates industrial The council shall from time to time fix
automobiles and solid market and
waste: and any deposit. accumulation, pile or the rates and classifications for garbage and
heap of brush, grass. debris,
weeds, cans. trash collection within the town and shall
rubbish or other make such other rules and regulations as
cloth, paper, wood, and
matter of
unsightly or unsanitary any kind may be necessary to properly administer
whatsoever. enforce this chapter.
C. "Premises" means any dwelling,
• e whether 9-2-4 Preparation or Disposal of Refuse
house. building or other structure, All refuse shall be prepared for collection
or continuously inhabited or temporarily
uninhabited
or vacant. and including any or disposed of as follows:
' steps A. Garbage. The customer shall furnish
yard, grounds, walk, driveway, porch, p
9 - 1
•
9-2-4
containers for the accumulation. storage and shall place the lot and all nearby premises
collection of allg arbage. Such containers utilized in such construction in a sightly
shall be tightly covered and be of condition. Residential customers may
rust-resistant metal or plastic and shall have dispose of small amounts of building
handles on the outside. The maximum materials from time to time, providing the
capacity of each container shall not exceed building materials are placed in a container
P Y
twenty gallons and loaded for collection as described above and contain no concrete,
shall not exceed fifty pounds in weight. masonry or soil.
Such containers shall be kept in good repair F. By-products. Any commercial or
and in a sanitary condition. manufacturing establishment which by the
B. Trash. Trash shall be placed in p nature of its operations creates an unusual
tied or tied in bundles by the customer amount of by-product refuse may be required
and set out for collection. Containers may described above, or by the town to dispose of its own wastes as
be garbage containers opposed to having the town or authorized
boxes not exceeding three square feet by collection pragencyovide rovide the service.
four feet deep. In any event, the weight of
a loaded container or bundle shall not exceed G. Dangerous Waste. Dangerous wastes
fifty pounds.
Customers wishingto retain shall be placed in a proper container, plainly
disposal boxes
should mark the box "SAVE" marked "DANGER". The town or the
in a readily seen manner.
authorized collection agency may deny
C. Brush. Brush
shall be cut into such service for certain dangerous wastes and
a size that one
person can readilyload the require the customer to properly dispose of
individualP ieces into a truck or chipper and it by other means.
shall be piled in neat order with all long H. Soil and Concrete. Waste soil,
branches parallel to one another and shall concrete. masonry blocks, sod and rocks
have all metal or foreign materials removed shall be disposed of by the owner, tenant or
to facilitate chipping. occupant of the premises.
D. Appliances and Vehicles. The customer
shall remove or cause to be removed all 9-2-5 Location for Pick Up
discarded appliances, vehicles or equipment A. All refuse prepared for collection
from their premisesor the public shall be placed on the curb, or if no curb,
right-of-way.
the right-of-way line, along a dedicated
street or alley, except that by mutual
E. Building_ Materials. All owners, contractual of structures shall, agreement between the garbage
contractors and builderscollection agency and the customer,
upon the completion of any structure. gather collection may be made on the premises.
up and haul away, at their sole cost and All containers andP iles of refuse shall be so
expense. all refuse of every nature, located as to not be a hazard to pedestrian or
description or kind. which has resulted from vehicular traffic.
the building of such structure. including all B. When necessary to set containers at
lumber scraps, shingles. plaster, brick, stone, the front curb, they may be set out after six
concrete and other building material, and o'clockP.m. of the day preceding regular
9 - 2
• 9-4-1
collection and shall be removed from the receptacles, constructed to prevent any such
curb by six o'clock a.m. of the day after garbage from falling, leaking or spilling and
collection. any odor from escaping.
9-2-6 Lids and Covers 9-3-3 Spilled Refuse
The lids or covers of all containers shall Any person hauling any refuse along the
at all times be kept secure so that flies and streets of the town shall immediately replace
other insects may not have access to the in the conveyance used for such hauling any
contents and shall only be removed while the refuse which may fall upon any street.
containers and receptacles are being filled.
emptied or cleaned. 9-3-4 Dumping Refuse
It is unlawful for any person to place or
9-2-7 Use of Containers cause to be placed any refuse upon any
It is unlawful for any person to deposit. public or private property within the town.
or cause to be deposited. any refuse in any except as specifically permitted in this
container that he does not own or is not chapter.
entitled to use as a tenant.
ARTICLE 9-4 REMOVAL OF
ARTICLE 9-3 HAULING AND LITTER
DUMPING
PROVISIONS 9-4-1 Litter on Private Property
9-4-2 Owner to Maintain Premises
9-3-1 Hauling Refuse 9-4-3 Procedure to Compel Removal of
9-3-2 Vehicles and Receptacles to be Litter
Spillproof 9-4-4 Notice to Remove
9-3-3 Spilled Refuse 9-4-5 Service of Notice
9-3-4 Dumping Refuse 9-4-6 Appeal to Council
9-4-7 Removal by Town
9-3-1 Hauling Refuse 9-4-8 Lien for Removal
It is unlawful for any person to haul or 9-4-9 Placement of Debris
cause to be hauled any refuse on or along
any public street, avenue or alley in the 9-4-1 Litter on Private Property
town, in violation of any of the provisions in No person shall throw or deposit litter on
this chapter. any occupied or unoccupied private property
within the town, whether owned by such
9-3-2 Vehicles and Receptacles to be person or not, except that the owner or
Spillproof person in control of private property may
It is unlawful for any person to haul or maintain authorized private receptacles for
cause to be hauled on or along any public collection in such a manner that litter will be
g
street in
the town anyarbaae unless such prevented from being carried or deposited by
,
garbage is contained in strong, watertight the elements upon any public place.
..
vehicles or vehicles with watertight
9 - 3
9-4-2 •
9-4-2 Owner to Maintain Premises owning or controlling said property, perform
The owner orP erson in control of any the necessary work at a cost not to exceed
Private property shall at all times maintain the estimate given in the notice, and that
P
theP remises free of litter, provided, such person may appeal in writing to the
however, that this section shall not prohibit council within thirty days from the date the
the storage of litter in authorized private notice is received by him.
receptacles for collection.
9-4-5 Service of Notice
9-4-3 Procedure to Compel Removal of Notice shall be personally served on the
Litter owner or person controlling such property,
The chief ofP olice shall enforce the by a police officer of the town in the manner
provisions of Sections 9-4-1 and 9-4-2 by provided in Rule 4(d) of the Arizona Rules
Pg
rosecutin violators of said sections in the of Civil Procedure, or mailed to the owner
town magistrate's courtpursuant to the or person controlling such property at his
g provisions penaltyrovisions of this code. If such last known address by certified or registered
prosecution fails to secure compliance with mail, or the address to which the tax bill for
theP rovisions of said sections. or in the the property was last mailed. If the owner
event of inability to prosecute violators by does not reside on such property, a duplicate
reasonjurisdiction of failure to secure over notice shall also be sent to him by certified
their persons,erso , the chief of police shall or registered mail at his last known address.
compel the removal of litter by the
procedure outlined in Sections 9-4-4 through 9-4-6 Appeal to Council
9-4-8 hereof. Prior to the date set for removal, the
owner or person controlling such property
9-4-4 Notice to Remove may appeal in writing to the council from
To compel the removal of litter through the demand of the chief of police. The
the provisions of this section and of Sections council shall, at its next regular meeting
9-4-5 through 9-4-8 hereof, if a person after receivingthe appeal, hear and
owning or controlling any property fails. determine the same, and the decision of the
neglects or refuses to remove or properly council shall be final. The council may
dispose of litter, located on property owned either affirm or reverse the decision of the
or controlled by such person, he shall be chief ofpolice or modify the scope of the
• ofpolice to •
given written notice by the chief work as required in the notice.
remove all litter from such property within
q
thirty days from the date the notice was
9-4-7 Removal by Town
received by him. Such notice shall contain When any such person to whom notice,
an estimate of the cost of removal by the as aforesaid, has been given, and on or
town, a statement that unless the person before the required date of removal, or
owning or controlling such property within such further time as may have been
complies therewith within thirty days from
granted by the council on appeal, fails,
the date such written notice is received that neglects or refuses to move from such
the town will, at the expense of the person
property or all litter, the chief of police
P any
9 - 4
• 9-4-9
is
authorized and directed to cause same to until paid. Such liens shall be subject and
be removed and disposed of at the expense inferior to the lien for general taxes and to
person or owner
the controlling such all prior recorded mortgages and
property. Upon completion of the work. the encumbrances of record. A sale of the
the
P
chief ofpolice shall prepare a verified property to satisfy a lien obtained under
P P
statement of account of the actual cost of provisions of this section shall be made upon
such
removal or abatement, the date the judgment of foreclosure or order of sale.
work was completed. and the street address The town shall have the right to bring an
the legal description of theproperty on action to enforce the lien in the superior
and g p i
w ch said work was done, including five court at any time
after the recording of the
h
percent for additional inspection and other assessment, but failure to enforce the lien by
incidental costs in connection therewith, and such action shall not affect its validity. The
shallduplicatecopy
serve a of such verified recorded assessment shall be prima facie
statement uponthe person owning or evidence of the truth of all matters recited
controlling property such in the manner therein and of the regularity of all
prescribed in Section 9-4-5. The owner or proceedings prior to the recording thereof.
property person
controllingsuch shall have A prior assessment for the purposes provided
days da s from the date of service upon in this section shall not be a bar to a
appeal in writingto the council from subsequent assessment or assessments for
him to
the
amount of the assessment as contained in such purposes, and any number of liens on
the verified statement. If an appeal eal is not the same lot or tract of land may be enforced
n
filed with the chief of police within such in the same action.
thirty day period, then the amount of the
assessment as determined by the chief of 9-4-9 Placement of Debris
police shall become final and binding. If an It is unlawful for any person to place any
appeal is taken. the council shall, at its next rubbish, trash, filth or debris upon any
meeting, hear and determine the private or public property not owned or
regular g,
appeal
and mayaffirm the amount of the under the control of said person. In addition
t modifythe amount thereof, or to any fine which may be imposed for
assessment,
determine that no assessment at all shall be violation of any provision of this section,
made. The decision of the council shall be such person shall be liable for all costs
on allpersons.and
binding which may be assessed pursuant to this
article for the removal of said rubbish, trash,
9-4-8 Lien for Removal filth or debris.
If no appeal is taken from the amount of
the assessment, or if an appeal is taken and
the council has affirmed or modified the
amount of the assessment, the original
assessment or the assessment as so modified
shall be recorded in the office of the county
recorder and, from the date of its recording,
shall be a lien on said lot or tract of land
9 - 5
APPENDIX B
PRIVATE SOLID WASTE MANAGEMENT SERVICE PROVIDERS THAT
EXPRESSED AN INTEREST IN THE TOWN OF ORO VALLEY SERVICE AREA
SHOULD THE TOWN ISSUE A REQUEST FOR PROPOSALS AND ADMINISTER A
SOLE SOURCE CONTRACT:
J.D. Services (Ronaldo Calderon)
P 0 Box 13289
Tucson, AZ 85732
747-8377
Pima Environmental Services (John Schafer)
P 0 Box 1200
Cortaro, AZ 85652
531-0366
TNT Sanitation (Kevin Smith)
3901 S. Contractors Way
Tucson, AZ 85714
750-0792
Tucson Mountain (Manny Amado)
4602 W. Ajo Way
Tucson, AZ 85746
883-8214 or 903-1122
Lady J's Resources (Janet Creedon)
P 0 Box 702
Mt. Lemmon, AZ 85719
576-1658
Waste Management (Pat Tapia)
5200 W. Ina Road
Tucson, AZ 85743
744-7188
Saguaro Environmental Services
5055 S. Swan
Tucson, AZ 85706
745-8820
Desert Dwellers, a company operating within the environs of Marana has not returned
our calls.
Notes:
TNT said could handle a portion of the Town, but may not be equipped to handle all of it at this time.
However, with a contract, TNT may be able to get financing to add equipment/employees.
Lady J's is extremely small and is limted to Mt. Lemmon at this time, but still requested to be placed on
the"interested" list.
APPENDIX C
SOLID WASTE HAULERS
(List Prepared 11/98)
NOTE: This list is for outside the City of Tucson in unincorporated Pima County, and is based on
reports made to Pima County Department of Environmental Quality by the Waste
Haulers.
Company Phone# Address Permit# Notes: Contact/Type of
ServiceNariance/Service Area
Desert Dwellers 743-7733 Suite 303 4254 Dan Boris
Disposal PO Box 36491 Residential—Variance 2/28/00
Tucson, AZ 85740 SA = Marana, Picture Rocks, Avra
Valley
Desert Pathways 822-1359 12255 W. Vegas 1001 Keith & Brandi Opdyke
Drive Variance—2/28/00
Tucson, AZ 85736 Residential & Commercial
SA = Three Points, Green Valley,
Sahuarita
J.D. Services 747-8377 P 0 Box 13289 4676 Ronaldo Calderon
Tucson, AZ 85732 Residential—Variance 2/28/00
SA= NW& SW in Metro Pima County
Lady J's 576-1658 P 0 Box 702 4354 Janet Thayer/Richard Creedon
Resources Mt. Lemmon, AZ Residential & Commercial
85619 SA= Mt. Lemmon
F Pima 531-0366 P O Box 22169 4582 John Schafer
Environmental Mesa, AZ 85277 Residential & Commercial
Services SA = NW
Roadrunner 749-9611 7171 S. Frances 4261 Bob or Leslie Rackliffe
Roll-Offs inc. Ave. Commercial Service Only
Tucson, AZ 85706 SA= Pima County, COT& Outside
Pima County
Rubbage 387-6250 1015 N. Cameron 4257 Patti Bush
Control Ajo, AZ 85321 Commercial & Residential
SA = Ajo & Lukeville, Why Area
S & S 647-7537 9300 S. 1st Mesa 6154 Scott& Sarah Pierce
Collections Trail Residential—Variance 2/28/00
Vail, AZ 85641 SA= Vail, Sahuarita
TNT Sanitation 750-0792 3901 S. Contractors 1477 Anita McClellan or Kevin Smith
Way Residential—Variance 2/28/00
Tucson, AZ 85714 SA= NW& SW in Metro Pima County
Tucson 883-8214 4602 W. Ajo Way 6290 Charles Aquillina or Manny Amado
Mountain Tucson, AZ 85746 Residential Service Only
SA = San Joaquin & Bopp
Tucson Rolloff 721-4884 P O Box 17867 3601 Fred Brown
Tucson, AZ 85731 Commercial, Construction &
Demolition, Composting Program—AZ
Organic Products
Waste 744-7188 5200 W. Ina Road 4263 Pat Tapia
Management Tucson, AZ 85743 Commercial & Residential—Variance
2/28/00
SA= Pima County, COT& Outside
Pima County
Saguaro New Permit Applied 12/98
APPENDIX D
Summary of Contract Provisions
General Contractual Provisions
Contractor: •
Exclusive franchise to Waste Management Inc. Goodyear
Exclusive franchise to Parks & Sons Intermountain Inc. Page
Exclusive franchise to SCA Inc. Chandler
Duration:
3 year contract plus 2 year renewal option Goodyear
67 months with no renewal option Page
7 year cntract plus 5 year renewal option Buckeye
ifi i
Customer Classifications:
ons:
Residential, Commercial & Industrial Goodyear, Page,
Chandler, Yuma &
Buckeye
Other Provisions:
With regard to annexations and growth transition, contractor
agrees to service customers within the annexed area under the Goodyear & Yuma
same terms and conditions of contract within one year.
Independent contractor, liability indemnification, workers
compensation, compliance with city, county, state and federal Goodyear, Page,
laws, ordinances and regulations, both current and future Chandler, Yuma &
Buckeye
No mandatory contractor usage on the part of the customer Chandler
Gratuitiesp aid to contractor must be consistent with municipal Yuma
gratuity policies
Security deposits: CD or 25% of contract for performance bond ' Buckeye
100% performance bond required Yuma
Assure cooperation with any subsequent contractor Buckeye, Yuma &
Chandler
15 day notice of contractor non-performance Chandler
Service Issues Provisions
General:
General contractor to furnish all labor, supervision, training, tools, Goodyear & Page
vehicles, equipment and office facilities necessary to provide
service
Contractor replaces equipment at contractor expense Chandler
p
Annually supply town with maps and routes Goodyear, Page,
Buckeye, Yuma &
Buckeye
Recycling and garbage collection to be performed on the same San Jose
Y 9 9 9
day
2 times per year city-wide clean-up campaigns Buckeye
1 time per year city-wide clean-up campaign 3 Chandler
Non-collection of refuse requires customer notice as to reason for San Jose
non-performance
If customer has repeated overflow problems, contractor must San Jose
exchange for larger bin
Frequency of Service —2 times per week Goodyear, Page,
Recycling not addressed Buckeye &
Chandler
90 — 92 Gallon containers Buckeye &
Chandler
Commercial:
Frequency of Service —Variable Goodyear & Page
q Y
{
Times of Collection:
6:00 a.m. — 9:00 p.m. Goodyear
7:00 a.m. — 5:00 p.m. Page
6:00 a.m. — 6:00 p.m. Buckeye
6:00 a.m. — 6:00 p.m. Yuma
Days of Service:
{
Monday through Saturday; no Sunday collections Goodyear & Page
Legal holidays require establishment of alternate pickup dates Goodyear, Yuma
Holidays are specified Buckeye &
Chandler
Employees:
Regulates employee behavior with respect to quiet and orderly
work manner, avoidance of unnecessary noise including banging Goodyear
of containers, avoidance of squealing brakes and honking of
vehicle's horn
Experienced, qualified, safety-trained employees Goodyear
Requires employees to wear clean uniforms bearing the Goodear, Yuma,
contractor's name and employee name Buckeye &
Chandler
Employees must use decent language, be sober, courteous to the
public and possess a valid, appropriately-designated drivers Goodyear
license
Municipality reserves the right to reassign contractor's employees Buckeye
Municipal employees are disqualified from being employed by San Jose
contractor serving the municipality in a direct capacity within 1 year
subsequent to municipal employment
Vehicles:
Clearly identified with contractor's firm name and telephone Goodyear
number •
•
•
Thoroughly cleaned weekly and deodorized/sanitized on an as Goodyear
needed based so as to be in a non-offensive condition •
•
Uniform color of trucks Goodyear
All vehicles must be properly equipped including safety Goodyear
devices •
Requires radio communication among vehicles and contractor's Chandler
office
Landfills:
County landfill or other state approved landfill Goodyear
City landfill Page
Recycling materials may not be disposed of in landfill San Jose
Administrative Provisions
Complaints:
City notifies customers of change in scheduled pickups Goodyear
If contractor misses a residential pickup, contractor has 24 hours Goodyear
to correct the error or pay a $15 fee
$5 fee applied in lieu of$15 fee and contractor must keep Buckeye
of Bucke e
missed pickups
City acts as liaison between the contractor and customer Goodyear
Contractor directly handles all customer complaints and provides Page, Buckeye &
complaint log to municipality on a regular basis (and requires Chandler
available personnel from 7 a.m. to 7 p.m. —Yuma)
Billings and Collections:
City bills and collects for residential service; Contractor bills and Goodyear,
collects for commercial services pursuant to bidded commercial Buckeye, Yuma &
rate schedule ' Chandler
City bills and collects for residential and commercial services Page
Customer bill equals bid price of contractor plus 20% for Goodyear & Yuma
administrative costs to be retained by the City
Payments to Contractor:
Monthly payments based on the bid rate times the number of Goodyear, Page,
residential units billed by the City by the 20th or 30th day Buckeye, Yuma &
Reconciliations of water bills to number of pickups Chandler
Monthly payments based on the bid rates and number of service Page
collections for residential and commercial customers
Bid Rate Reviews:
Negotiable, at any time, based on circumstances • Goodyear
Annual review based on the annual rate of change in the
Department of Labor's Consumer Price Index of all goods for the Page
month of March, rounded to four decimal places
PI with 10%
C capChandler
APPENDIX E
DRAFT POLICY STATEMENT
The Town of Oro Valley will become a city of over 100,000 individuals early in the next
millenium. The solid waste challenge presented by this reality forces the Town to
develop a comprehensive strategic plan which will be flexible enough to carry us into
the 21st Century. This means that at the root of all decisions will be an environmental
conscientiousness.
In order to accomplish this formidable task the Town of Oro Valley affirms the following
public policy statements:
1. The Town of Oro Valley proposes to be an environmentally sensitive community.
2. The Town of Oro Valley proposes to consider environment in all its applicable
decisions.
3. The Town of Oro Valley proposes to be among the leaders in dealing with the
solid waste management challenge.
4. The Town of Oro Valley proposes to provide the sole contractual negotiations for
its citizens in order to gain efficiency and uniformity of service at the most
reasonable cost.
5. The Town of Oro Valley proposes to reduce its waste stream by 50% by the year
2010 relative to its growth.
6. The Town of Oro Valley proposes to enhance and extend the present recycling
services over time in order to extend the life of our natural resources and the life
of available landfills through efficient recycling.
7. The Town of Oro Valley proposes to encourage the education of school aged
children and adults in order to understand the benefits of conservation through
recycling.
8. The Town of Oro Valley proposes to cooperate with regional jurisdictions in order
to accomplish these goals in the Tucson Basin.
ORDINANCE
ORDINANCE NO. (0) 01 -
AN
ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA,
RELATING TO SOLID WASTE MANAGEMENT; ADOPTING ORO
VALLEY TOWN CODE ARTICLE 9-5 BY REFERENCE;
REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF
THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH;
PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY
MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN
THEREUNDER.
WHEREAS, on September 27, 1989, the Town Council did approve Ordinance Number
(0) 89-21, which adopted that certain document entitled, "Oro Valley Town Code,
Chapter 9, Garbage and Litter," as the ninth chapter of the official Town Code; and
WHEREAS, pursuant to ARS § 49-765, the Town has authority to regulate the disposal
and collection of solid waste; and
WHEREAS, the Oro Valley Police Department, Pima County Health Department, Oro
Valley Public Works Department, Town Council, and Pima County Health Department
are authorized to enforce all provisions of Oro Valley Town Code Article 9-5, and any
occupier of land who violates any provision of this Article, or any regulations
promulgated pursuant thereto, shall upon conviction thereof, be punishable by a monetary
fine not to exceed one hundred ($100.00) dollars; and
WHEREAS, it is in the best interest of the Town to adopt Article 9-5 in order to provide
regulations relative to solid waste management in order to preserve the peace, health, and
safety of the residents of the Town.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town
of Oro Valley, Arizona, as follows:
SECTION 1. That "Article 9-5, Solid Waste Management," of the Oro Valley Town
Code, three copies of which are on file in the office of the Town Clerk of the Town of
Oro Valley, which document was made a public record by Resolution No. (R) 01 - of
the Town of Oro Valley, is hereby referred to, adopted, and made part hereof as if fully
set out in this Ordinance, the provisions thereof to become effective on the day of
, 2001.
9-5 Amendment (4) Office of the Oro Valley Town Attorney/sib 1.11.2001
SECTION 2. Pursuant to ARS § 9-803, any penalty clause contained in a code or public
record, adopted by reference, shall be set forth in full in the adopting ordinance as
follows:
Section 9-5-8(B)
Any occupier of land, who violates any provision of this Article, or any
regulations promulgated pursuant thereto, shall upon conviction thereof, be
punishable by a monetary fine not to exceed one hundred ($100.00) dollars.
SECTION 3. Pursuant to ARS § 41-1346, the governing body of each county, city,
town, or other political subdivision shall maintain efficient record management for local
public records and it has been determined that this Ordinance is a public record with three
copies of said Ordinance to remain on file in the office of the Town Clerk.
SECTION 4. All Oro Valley Ordinances, Resolutions, or Motions and parts of
Ordinances, Resolutions, or Motions of the Council in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions thereof
PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley,
Arizona, this day of , 2001.
TOWN OF ORO VALLEY
ATTEST: Paul H. Loomis, Mayor
Kathryn E. Cuvelier, Town Clerk
APPROVED AS TO FORM:
Dan L. Dudley, Town Attorney
9-5 Amendment (4) Office of the Oro Valley Town Attorney/sib 1.11.2001
ORO VALLEY TOWN CODE
AMENDMENT
ARTICLE 9-5 SOLID WASTE MANAGEMENT
9-5-1 Purpose and Declaration of Policy
In the interest of the safety and welfare of the Town, it is in the best interest to
preserve the environment by reducing the amount of refuse sent to landfills,
limiting the number of solid waste collections within the Town's incorporated
boundaries, and implementing solid waste disposal through recycling programs. It
shall be the policy of the Town of Oro Valley to require recycling of recyclable
materials to the fullest extent possible by contracting with a residential solid waste
collection service. The residential solid waste collection service shall provide
collection, transportation, and disposal of residential solid waste within the
specifically designated areas.
9-5-2 Definitions
A. Hazardous Waste means a hazardous waste as defined in 40 CFR 261.
B. Household Hazardous Waste means wastes that would be classified as
hazardous waste by 40 CFR 261.20 through 261.35 but are exempted by 40
CFR 261.4(b)(1) because they are generated by households, such as nonempty
household-size containers of paints, paint products, household cleaners,
automotive fluids, pesticides, pool chemicals, household batteries, and similar
materials.
C. Recyclable Material means newsprint, aluminum cans, steel and bimetal cans,
glass food and beverage containers (Clear, green, brown), plastic beverage
containers made of PET or HDPE, non-waxed corrugated cardboard, and other
materials that are routinely acceptable for recycling processing companies.
D. Solid Waste means any garbage, trash, rubbish, refuse, sludge from a waste
treatment plant, water supply treatment plant or pollution control facility, and
other discarded material, including solid, liquid, semisolid, or contained
gaseous material but not including domestic sewage or hazardous waste,
pursuant to ARS § 49-701.
9-5-3 (Reserved)
9-5 Amendment (4) Office of the Oro Valley Town Attorney/sib 1.11.2001
9-5-4 Recyclable Materials
The Town of Oro Valley designates the following type of refuse as recyclable
materials. It shall be unlawful for any occupier of land to dispose of recyclable
materials in violation of this Article. These materials shall be separated from other
refuse and placed in recycling receptacles or at collection facilities in the manner
described:
A. Aluminum materials shall be rinsed and either securely bundled or placed in a
recycling receptacle or bag. Aluminum cans shall be crushed prior to
placement in receptacle or bag to reduce volume.
B. Antifreeze shall have designated a collection point at a collection facility
location. No person shall dispose of antifreeze except at a collection site
designated by the Town.
C. Batteries (automobile) shall have designated a collection point at a collection
facility location. No person shall dispose of automobile batteries except at a
collection site designated by the Town.
D. Corrugated cardboard shall be flattened and placed in a recycling receptacle, a
bag, or a bundle.
E. Glass shall be rinsed and placed in a recycling receptacle or a bag.
F. Newspapers and magazines shall be bundled and placed in a recycling
receptacle or bag. Bundles shall weigh no more than pounds and not
exceed inches in height.
G. Oil shall have designated a collection point at a collection facility location. No
person shall dispose of oil except at a collection site designated by the Town.
H. Paint shall have designated a collection point at a collection facility location.
No person shall dispose of oil except at a collection site designated by the
Town.
I. Plastic #1 (beverage containers and salad dressing bottles) and Plastic #2 (milk
• jugs, detergent, and shampoo bottles) containers shall be emptied, rinsed, and
placed in a recycling receptacle or bag. Plastic #6 (polystyrene food
containers) containers are not currently recyclable, unless otherwise specified.
9-5 Amendment (4) Office of the Oro Valley Town Attorney/sib 1.11.2001
J. Tin cans and steel cans (including aerosol containers) shall be rinsed, crushed,
and placed in a recycling receptacle or bag.
K. Tires shall have designated a collection point at a collection facility location.
9-5-5 Mandatory Separation of Recyclable Materials
It shall be mandatory for each occupier of land in the Town of Oro Valley to
separate all designated recyclable materials from other refuse, in accordance with
the provisions of this Article.
9-5-6 Collection of Recyclable Materials
A. Only the materials designated for recycling in this Article shall be placed in
recycling receptacles provided by the Town's authorized collection agent.
Each occupier of land shall be provided a 60-gallon or 90-gallon recycling
receptacle as deemed feasible by the Town Council.
B. If receptacles are not provided for recyclable materials, or if the amount of
recyclable materials is greater than the container provided, such materials must
be bagged and marked "recyclable" and placed adjacent to the recycling
receptacles on collection dates.
C. Recycling receptacles shall be placed at curbside or another designated spot on
the occupier of land's premises for collection on days specified by the Town of
Oro Valley. The Town's authorized collection agent shall make collections
one time per week. Unless otherwise specified, collections shall not begin
prior to 7:00 a.m. and shall be completed by 6:00 p.m., Monday through
Friday. If a collection date falls on a designated holiday, the Town's
authorized collection agent shall provide a "makeup" collection date in lieu of
that holiday.
D. It shall be unlawful for any person to place any solid waste, not designated for
recycling in this Article, in the recyclable materials containers furnished by the
Town's authorized collection agent.
E. After collection, empty receptacles shall be removed promptly by the occupier
of land.
9-5 Amendment (4) Office of the Oro Valley Town Attorney/sib 1.11.2001
F. Recyclable materials that must be taken to a collection facility shall be placed
in the appropriate container at the collection facility, which is located along
Oracle Road in Catalina. Each occupier of land shall be provided with
information regarding collection facilities for recyclable materials not collected
on the premises.
G. All occupiers of land within the Town shall be provided with information on
proper procedures for disposal of recyclable materials and the collection dates.
9-5-7 Scavenging and Unauthorized Collection of Recyclable Materials
A. Recyclable materials placed at curbside for collection, or in any recycling
receptacle placed by the Town, are the property of the Town of Oro Valley or
its authorized collection agent. It is a violation of this Article for any person
unauthorized by the Town to collect or pick up or cause to be collected or
picked up any such recyclable materials or receptacles.
B. Nothing in this Article is intended to prevent any occupier of land from
donating or selling recyclable material from its own refuse.
C. It shall be unlawful for any person to place, locate, establish, maintain, erect,
leave, or otherwise make available any unattended recycling receptacle that is
in public view in the Town of Oro Valley for the purpose of collecting
discarded recyclable materials; provided, however, that in the case of
undertakings sponsored by and located on a site owned by a bona fide
nonprofit organization, the Town shall be authorized to issue temporary
permits for the location and use of recycling receptacles.
9-5-8 Enforcement and Penalties
A. The Oro Valley Police Department, Pima County Health Department, Oro
Valley Public Works Department, Town Council, and Pima County Health
Department are authorized to enforce all provisions of this Article.
B. Any occupier of land, who violates any provision of this Article, or any
regulations promulgated pursuant thereto, shall upon conviction thereof, be
punishable by a monetary fine not to exceed one hundred ($100.00) dollars.
C. Each and every day that a violation continues shall be considered a separate
offense.
9-5 Amendment (4) Office of the Oro Valley Town Attorney/sib 1.11.2001
9-5-9 Severablity
The provisions of the Article are declared to be severable, and if any Section,
sentence, clause, or phrase of the Article shall for any reason be held invalid or
unconstitutional, or if the application of this Article to any person or
circumstances is held invalid or unconstitutional, such decisions shall not affect
the validity of the remaining Sections, sentences, clauses, and phrases of this
Article.
9-5 Amendment (4) Office of the Oro Valley Town Attorney/sib 1.11.2001