(a) 
Business, Commercial, Transient Vacation Rental, Homestay, and Other Nonresidential Collection Fees. Business, commercial, educational, transient vacation rental, homestay, and other nonresidential establishments may not receive refuse collection service provided by the County unless an application is received and approved by the County Engineer. Refuse collection fees, for a calendar month, for such classification shall be as follows:
Monthly Business, Commercial, Transient Vacation Rental, Homestay, and Other Nonresidential Collection Fees for Weekly Manual or Automated Refuse Collection Service
Commercial Refuse Collection Assessment
 
Effective 7/01/2015
Size or Number of Carts
Monthly Fee For Weekly Collection
Automated Collection: Assessment for One (1) 64-gallon cart**
$64.00
Automated Collection: Assessment for One (1) 96-gallon cart
$84.00
Manual Collection: Assessment for two (2) 32-gallon receptacles**
$64.00
Manual Collection: Assessment for Up to three (3) 32-gallon receptacles
$84.00
**
Minimum charge for each person or business
Prior to requesting additional carts, receptacles, or service, a business shall subscribe to the maximum standard level of service (96-gallon automated cart or three (3) 32-gallon manual receptacles).
Automated Collection: Assessment for each additional 64-gallon cart
$64.00
Automated Collection: Assessment for each additional 96-gallon cart
$84.00
(b) 
Residential Refuse Collection Assessment. All properties in the County that are classified "serviceable," for refuse collection services provided by the Department, shall pay a Base Monthly Refuse Collection Assessment according to the schedule below. Beginning July 1, 2015, the County will provide the option of selecting a 64- or 96-gallon automated cart for residential refuse collection. Some areas, as determined by the County Engineer may continue to receive manual collection. The Variable Residential Refuse Collection Assessment for a calendar month, for each option shall be as follows:
Residential Refuse Collection Assessment
 
Effective 7/01/2015
Size or Number of Carts
Monthly Fee For Weekly Collection
Base Monthly Assessment per Benefitted Property
$6.00
Automated Curbside Collection: Assessment for one (1) 64-gallon cart
$4.00
Automated Curbside Collection: Assessment for one (1) 96-gallon cart
$12.00
Manual Curbside Collection: Assessment for two (2) 32-gallon receptacles
$4.00
Manual Curbside Collection: Assessment for three (3) 32-gallon receptacles
$12.00
Prior to requesting additional carts, receptacles, or service, a resident must subscribe to the maximum standard level of service (96-gallon automated cart or three (3) 32-gallon manual receptacles).
Automated Collection: Assessment for each additional 64-gallon cart
$10.00
Automated Collection: Assessment for each additional 96-gallon cart
$18.00
Manual Collection: Assessment for two (2) additional 32-gallon receptacles
$10.00
Manual Collection: Assessment for three (3) additional 32-gallon receptacles
$18.00
Any residence that qualifies for an exemption under Section 5A-11.4(d) of the Kaua'i County Code shall receive a fifty percent (50%) reduction in the applicable refuse collection assessment specified in this section.
(c) 
Other Automated Refuse Collection Fees.
(1) 
County-provided carts are the responsibility of the owner and/or occupant. If the Department determines the County-provided cart must be replaced due to intentional damage by the owner and/or occupant and not due to normal wear and tear of the cart, the owner shall be assessed a unit fee of one hundred dollars ($100.00) per cart. Payment shall be made in full to the County prior to replacement of the cart.
(2) 
The service fee for deactivating and reactivating refuse collection services at the same residence within one (1) year shall be fifty dollars ($50.00). Payment shall be made in full prior to reactivation of the Account.
(3) 
The service fee for upsizing or downsizing the size of the automated refuse collection cart once delivered shall be:
a) 
There shall be no charge for "downsizing."
b) 
A service fee of twenty dollars ($20.00) per exchange will be assessed to residents requesting a larger size cart. However one (1) free cart exchange will be allowed within the first six (6) months.
c) 
Payment shall be made in full prior to delivery of the new cart.
(d) 
Service Charges for Residential Refuse Collection.
(1) 
Annual service charges shall be based on the effective date of the Ordinance codified in this Section and thereafter the fiscal year beginning July 1st of any year; however, where collection services are commenced after July 1st of any year, the annual assessment shall be prorated accordingly on a monthly basis. Regular billings shall be made in accordance with the real property tax assessment billing cycle. Such bills shall be payable together with the real property tax assessments.
(2) 
Owners may pay for one (1) refuse receptacle per legally permitted dwelling unit. Assessments or fees for any additional receptacles shall be paid in advance of receiving collection services. Credits may be issued against any future collection assessment and shall be issued only upon termination of all refuse collection services.
(Ord. No. 91, March 2, 1955; Sec. 21, C.O. 1971; Ord. No. 166, December 21, 1972; Sec. 21-1.6, R.C.O. 1976; Ord. No. 601, December 31, 1991; Ord. No. 663, September 16, 1994; Ord. No. 664, September 17, 1994; Ord. No. 675, February 13, 1995; Ord. No. 706, August 6, 1996; Ord. No. 902, July 28, 2010; Ord. No. 905, September 15, 2010; Ord. No. 975, October 15, 2014)
(a) 
Tipping Fees for Disposal at County Landfills, Refuse Transfer Stations, and Debris Recycling Stations. For the receipt and disposal of municipal solid waste delivered to County landfills, refuse transfer stations, and debris recycling stations by any business, industry, governmental agency, educational institution, or other nonresidential entity, a tipping fee shall be charged to the disposer as specified in the paragraphs (1) through (5) of this subsection, inclusive.
For purposes of this Chapter, a load shall be considered to be compacted if the vehicle or container in which it is hauled is equipped with a hydraulic mechanism, or is designed to be used in conjunction with a hydraulic ram mechanism, which compresses the load in order to maximize the amount of material that can be hauled in the vehicle or container. All other loads shall be considered to be un-compacted.
(1) 
Schedule of tipping fees for delivery by any business, industry, governmental agency or educational institution or any other nonresidential entity at County landfills, refuse transfer stations and debris recycling stations equipped with a vehicle scale:
Business, Commercial and Other Nonresidential Disposal Fees for Facility with Vehicle Scale
Type of Waste
Dollars per Ton
Municipal solid waste (except special wastes)
$119.00
Asbestos containing materials
$218.00
Dead animals
$119.00
Actual scale weight of the above shall be determined by subtracting the vehicle's outbound scale weight from the vehicle's inbound scale weight. All types of wastes shall be source separated or the higher applicable fee will govern. Asbestos-containing materials shall be double bagged with approved bagging material prior to entering into the landfill.
(2) 
Schedule of tipping fees for delivery by any business, industry, governmental agency or educational institution or any other nonresidential entity at any County landfill, transfer station, and debris recycling station that is not equipped with a vehicle scale:
Business, Commercial and Other Nonresidential Disposal Fees for Facility Without Vehicle Scale
Type of Vehicle
Tipping Fee
Effective 8/26/96
Effective 2/26/97
Automobile
$ 3.00
$ 6.00
Pickup truck - 1/2 ton and under
$ 6.00
$10.00
Full-size pickup truck - up to 3/4 ton
$12.00
$20.00
Passenger van
$ 6.00
$10.00
Cargo van - up to 3/4 ton
$12.00
$20.00
Small trailer - 1/2 ton and under
$ 6.00
$10.00
Trailer - up to 3/4 ton
$12.00
$20.00
Separate fees shall be assessed for a trailer and the vehicle towing it if both the trailer and the towing vehicle are carrying solid waste. Only vehicles of up to three quarter (3/4) ton capacity shall be permitted to use the transfer station facilities. Three-quarter (3/4) ton trucks and trailers shall be limited to two (2) loads per day per vehicle.
(3) 
Schedule of tipping fees for delivery by any business, industry, governmental agency or educational institution or any other nonresidential entity at County landfills, transfer stations and debris recycling stations equipped with a vehicle scale which is not operable:
Business, Commercial and Other Nonresidential Disposal Fees for Facility with Inoperable Vehicle Scale
Type of Waste
Dollars per Cubic Yard
Un-compacted municipal solid waste, except special wastes
(assumed 350 lbs/cubic yard)
$21.00
Compacted municipal solid waste, except special wastes
(assumed 600 lbs/cubic yard)
$36.00
Asbestos containing materials
$98.00
Dead animals
$36.00
(4) 
The minimum tipping fee charge for any load of municipal solid waste or dead animals shall be twenty-one dollars ($21.00). The minimum tipping fee charge for any load of asbestos containing material shall be two hundred eighteen dollars ($218.00).
(5) 
Household refuse delivered by residential self-haulers to County landfills, refuse transfer stations, and debris recycling stations shall be exempt from tipping fee charges.
(b) 
All tipping fee charges incurred shall be billed on a monthly basis to the business, industry, governmental agency, educational institution, or nonresidential entity incurring such charges. Such charges shall be collected by the Department of Finance or the Department's authorized representative under such procedures as shall be prescribed by the Director of Finance. All charges collected under this Chapter shall be deposited into a special "Solid Waste Account" established by the Director of Finance, to be specifically utilized for management of solid waste, including collection, transfer, disposal, waste minimization, reuse, resource recovery, recycling, and administration.
(c) 
All businesses, industries, governmental agencies, educational institutions, and other nonresidential entities which intend to dispose of municipal solid waste at County landfills, refuse transfer stations, and debris recycling stations equipped with vehicle weight scales shall open a billing account with the Department of Public Works prior to disposing of any such municipal solid waste. As part of the application for such account, the applicant shall furnish the County a list of all vehicles to be used to haul municipal solid waste, together with such other information determined by the County Engineer to be necessary to ensure accurate billing and payment for municipal solid waste delivered to County landfills, refuse transfer stations, and debris recycling stations. The applicant shall immediately notify the County Engineer of any changes in the information submitted as part of the account application. The County Engineer may terminate disposal privileges at County landfills, refuse transfer stations, and debris recycling stations for any business, industry, governmental agency, educational institution, or other nonresidential entity which fails to pay tipping fee charges billed to its account within ninety (90) days of the due date. The County Engineer may allow resumption of service upon request for reinstatement of service by the delinquent customer and upon payment to the Director of Finance of all overdue charges.
(d) 
Waiver of Landfill Tipping Fees and Refuse Transfer Station Commercial Self-Haul Fees. Notwithstanding any other provision to the contrary, tipping fees for refuse collected from clean-up projects conducted on government owned properties and in the public interest may be waived by the County Engineer on a case-by-case basis. Requests for waiver shall be submitted in writing, on a form provided by the County, at least two (2) weeks in advance of the date of disposal. Approved waivers shall be valid from the date of the event until two (2) days after the clean-up project.
Notwithstanding any other provision to the contrary, landfill tipping fees for contaminated soil and other solid waste generated from clean-up projects on County land or land leased by the County, as a result of County in-house or contracted operations may be waived by the County Engineer on a case-by-case basis.
(Ord. No. 706, August 6, 1996; Ord. No. 846, May 8, 2007; Ord. No. 878, May 6, 2009; Ord. No. 962, December 23, 2013; Ord. No. 968, May 16, 2014)
Failure to pay any refuse collection assessment shall constitute a lien on the benefited property and shall be subject to penalties as provided in Chapter 5A, Article 5 of the County Code 1987, as amended. Failure to pay for any refuse collection fee or disposal fee shall constitute a lien on the benefited property. There shall be added to the amount of all delinquent solid waste collection assessment amounts, a penalty of up to ten percent (10%) as determined by the Director of Finance, which penalty shall be and become part of the collection assessment and be collected as a part thereof. All delinquent solid waste collection assessment amounts shall be charged interest at the rate of one percent (1%) per month until full payment is made. In the event legal action is instituted for collection of unpaid fees, the County shall be reimbursed for all costs incurred from the collection of unpaid fees, including reasonable attorney's fees.
(Ord. No. 91, March 2, 1955; Sec. 21, C.O. 1971; Ord. No. 166, December 21, 1972; Sec. 21-1.7, R.C.O. 1976; Ord. No. 601, December 31, 1991; Ord. No. 706, August 6, 1996; Ord. No. 905, September 15, 2010)
The Director of Finance or authorized representative may, from time to time, prepare a list of all delinquent user fees, which in the judgment of the Director of Finance or authorized representative, finds to be uncollectible and upon recommendation of the County Attorney, shall be written off as an uncollectible bad debt and shall be deleted from the active collection account records kept by the Department; and the Department shall thereupon be released from any further accountability for their collection; provided that no account shall be so deleted until it shall have been delinquent for at least two (2) years and does not exceed one thousand dollars ($1,000.00). Uncollectible accounts which exceed one thousand dollars ($1,000.00) shall be written off only upon approval of the County Council. Any item so deleted may be reinstated as an active collectible account if the Director of Finance or authorized representative finds that such items are, in fact, collectible or that the alleged facts as previously presented were not true.
(Ord. No. 748, June 16, 2000)