[Adopted 6-13-2011[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II, Refuse Collection, adopted as Ch. 7, Art. II, of the 1974 Code, as amended.
The City shall exclusively provide collection service for garbage and rubbish to citizens, residents and businesses located within the corporate limits only under the terms and conditions of this article; provided, however, that the City may, in lieu of providing such service to commercial establishments, issue permits as provided herein for private haulers to provide such service within the corporate limits.
A. 
Every householder shall provide himself with up to three metal or plastic containers of 32 gallons each, or such other combination of containers as may be specified or permitted by the City Public Works Department, not to exceed 96 total gallons per household, equipped with tight-fitting fly- and waterproof covers and with handles or bails for handling, and such containers may not be so filled so that such lids will not fit thereon. Containers not complying with these requirements will be collected as other waste. No trash, refuse or other debris may be left outside of or adjacent to any container.
B. 
All garbage or refuse must be drained of water, and no water, dirt, stone or like material may be put into such containers.
C. 
Combustible materials must be tied in bundles or boxes before being placed in containers.
The collection of containers described in § 66-5 shall be made weekly and at such other times as may be determined by City Council. Solid waste shall not be set out for collection prior to 7:00 p.m. on the night before scheduled collection, and emptied containers shall be removed from the curb area or other collection area prior to 7:00 p.m. on the day of collection. Property owners shall not permit solid waste or containers to remain at the curb or other collection area outside of the times set forth herein.
A. 
It is the policy of the City of Galax to provide solid waste collection services to commercial establishments once per week of up to seven containers meeting the requirements set forth § 66-5. Where practicable, commercial establishments requiring collection services in excess of seven containers per week must utilize dumpster collection services or container collection services provided by private haulers who have been issued a permit in accordance with this article. In locations within the corporate limits where the City Manager has determined that dumpster service is impracticable due to lack of space for locating dumpsters or other constraints, the City Manager may authorize more frequent container collections by the City. Fees for such additional weekly collections shall be in accordance with the rate schedule incorporated herein in § 66-8.
B. 
All loose papers, trash, etc. must be placed in containers with covers to prevent scattering by wind or animals.
A. 
The City will collect from containers meeting the requirements set forth in § 66-5, provided that such containers are placed within 15 feet of an improved through public street or alley or within 15 feet of an improved private or public dead-end street or alley, provided that sufficient area is available to enable the vehicle used in collection to turn around without backing into a public street or alley.
B. 
Residential pickup.
[Amended 5-23-2016; 5-28-2019[1]]
(1) 
For every residential unit in the City served by an individual water meter, the following charges shall be applied:
(a) 
Fourteen dollars per month; $28 per billing cycle.
(b) 
Charges shall cover one pickup per week, with a maximum quantity of three thirty­two-gallon containers. These charges shall be shown on the customer's regular water bill, bimonthly or as determined by City Council.
(c) 
A charge of $1 shall be applied·to each additional container collected (thirty-two­gallon maximum size). Each additional container will require a special pickup sticker which may be purchased at the City office for $1 each.
(2) 
The above charge provisions shall also apply to every mobile home in the City. The owner of each mobile home court shall be responsible for the collection of garbage fees for each mobile home located within the boundary of the mobile home court. The water bill of the owner shall reflect these garbage charges.
[1]
Editor's Note: This ordinance provided an effective date of 7-1-2019.
C. 
The following charges shall apply to collection of garbage from business establishments, provided that multiple weekly collections shall only be available in those locations designated by the City Manager where dumpster service is impracticable, in accordance with § 66-7.
[Amended 5-23-2016; 5-28-2019[2]]
Table 1
2019 Rates
Number of Containers
Number Pickups Per Week
3
4
5
6
7
1
$14
$16
$18
$20
$22
2
$28
$32
$36
$40
$44
3
$42
$48
$54
$60
$66
4
$56
$64
$72
$80
$88
5
$70
$80
$90
$100
$110
(1) 
Bimonthly charges are calculated by multiplying the figures in Table 1 by two.
[2]
Editor's Note: This ordinance provided an effective date of 7-1-2019.
All dumpsters located within the corporate limits shall have a lid capable of preventing rainwater from soaking the refuse contained therein. Such lids shall be kept in a closed position when the dumpster is not being filled or emptied. All refuse shall be contained within the dumpster and said dumpster shall not be overstuffed with refuse so as to prevent the lid from remaining firmly closed. No trash, refuse or other debris may be left outside of or adjacent to any dumpster.
A. 
No person or entity, other than the City, may collect and transport solid waste within the City unless such person or entity possesses a valid permit issued by the City in accordance with this article. Permits shall be issued by the City Manager or such other person as the City Manager may designate. Issuance of permits shall be limited to persons and entities who submit a valid application supported by appropriate documentation, along with the applicable fees.
B. 
The effect of issuance of a permit shall be to allow the holder thereof to provide dumpster collection and hauling service and container collection and hauling service to commercial establishments within the corporate limits. The City shall exclusively provide all hand collection of solid waste for residences. The City shall likewise offer hand collection of approved containers for commercial establishments within the corporate limits; however, commercial establishments may alternatively contract for such services with permittees.
C. 
Nothing in this article shall be construed to limit the ability of the City to provide within the corporate limits solid waste collection or other services to any publicly owned or occupied property.
Every person or entity desiring to provide commercial dumpster collection and hauling service within the corporate limits shall make written application to the City, on forms to be provided by the City, setting forth the name, address and telephone number of such person or entity, along with all such information required therein. If the applicant is a company or corporation, the application shall also identify the registered agent for service of process within the Commonwealth of Virginia. The applicant shall provide a description of the equipment to be used in the collection and transport of such solid waste and shall state the proposed frequency of collections, proposed rates, and the number of vehicles to be used in providing the service. The applicant shall state whether service is intended to be limited to certain areas within the corporate limits, or whether service is to be provided throughout.
A. 
All applicants shall submit with their application evidence that each vehicle to be used within the corporate limits is insured with at least $500,000 of general liability insurance and with at least $500,000 in coverage for property damage per each incident or injury occurring within the corporate limits, and with at least $500,000 for personal injury liability for each injury or incident occurring within the corporate limits. All persons or entities issued a permit pursuant to this article shall continuously maintain such minimum coverage in force throughout the term of the permit.
B. 
Applicants must furnish a bond or similar surety payable to the City in an amount not less than $3,000 for each vehicle licensed, but not to exceed $10,000, and conditioned to indemnify and save harmless the City as well as any person from all expense or damage that may be incurred by such person caused by any failure to comply with the provisions of this article or neglect in the collection and transportation of solid waste.
A. 
Each applicant or permit holder shall comply with all licensing and insurance requirements imposed by any federal, state or local authorities having jurisdiction, including but not limited to appropriate driver's licenses for all drivers operating a commercial vehicle within the commonwealth, vehicle insurance for all vehicles operated within the commonwealth and workers' compensation insurance. Applicants shall furnish evidence of compliance with all licensing and insurance requirements of this article prior to issuance or renewal of any permit. In the event new licensing or permitting requirements are adopted by any federal, state or local authority having jurisdiction, applicants and current permit holders shall be responsible for obtaining any such permits or licenses as a condition of permit issuance or renewal.
B. 
No permit shall be issued to an applicant until the applicant has submitted the following:
(1) 
Completed application.
(2) 
Evidence of insurance.
(3) 
Permit fees as set forth in § 66-8.6.
(4) 
Evidence of current driver's licenses.
(5) 
Certificate of inspection of vehicles issued by the City Public Works Department.
(6) 
Bonds as required by § 66-8.6.
Prior to issuance of the permit, the applicant shall pay the permit fees, and submit the required bonds and evidence of insurance. The amount of the permit fees shall be as set as $25, which may be amended from time to time by ordinance duly adopted by City Council.
[Amended 10-8-2018]
A. 
All permits shall be valid for a term of 36 months and shall expire on the last day of the 36th month following the date of issuance and must be renewed prior to that date in accordance with this article. The City reserves the right to revoke any permit previously issued at any time and may refuse renewal to any applicant based on the applicant's history of past noncompliance with the requirements of this article or failure to comply with any applicable federal, state or local laws or regulations concerning the collection, transport or disposal of solid waste. In the event of such revocation or nonrenewal, the applicant or permittee may, by written request to the City Manager, appeal such decision to the City Council, in which case the applicant or permittee shall be entitled to appear before City Council and be heard on the issue of whether such revocation or nonrenewal should stand or be overturned and a permit issued. Failure of the applicant or permittee to deliver such written request to the City Manager within 30 days of the effective date of the revocation or nonrenewal shall constitute a waiver of the applicant's or permittee's right to be heard.
B. 
Should a permit be revoked, City Council may refuse to issue another permit to the permittee for the following year.
A. 
In the event of an emergency requiring the immediate replacement of an approved vehicle, the permittee shall notify the City Manager of such replacement and, prior to placing the vehicle in use, shall provide the City Manager with proof that the replacement vehicle is adequately insured and shall make arrangements to have the replacement vehicle inspected by the City Public Works Department within five days after it is placed in use.
B. 
Other inspections of vehicles. Approved vehicles shall be made available for inspection, in addition to the annual inspection, upon request of the City. A reasonable time shall be provided for such inspections.
C. 
Prevention of leaking, etc., of refuse. Vehicles must guard against refuse leaking, spilling, being blown or hurled from or deposited upon any street or public way during collection or transportation. Two types of vehicles will be permissible:
(1) 
A vehicle with a watertight body, completely enclosed and covered, by construction.
(2) 
A vehicle with a nonwatertight body, with built-in cover, or with tarpaulin or equally effective cover. Such a vehicle must have secured and covered watertight containers for all liquid or semisolid material.
A. 
Every permittee shall maintain an office which is open at least eight hours per day on at least three days per week. Every permittee shall have an office within the City or maintain a toll-free number for use of its customers within the City. In any office located within the City, the permittee shall conspicuously post its hours of operation and rates for collection offered within the City.
B. 
Permittees shall be permitted to collect solid waste within the corporate limits only between the hours of 6:00 a.m. and 7:00 p.m., Monday through Saturday.
A. 
Identification of type of service. Each applicant for a permit shall identify every type or class of solid waste collection and transportation service that the applicant will provide within the City and shall identify the fee for that service.
B. 
Fee schedule.
(1) 
As a condition of issuing the permit, the applicant shall present a fee schedule that shall apply uniformly throughout the City.
(2) 
It is the policy of the City to ensure that adequate solid waste services will be available throughout the City. The policy of the City is not to set rates charged by permittees, but to require permittees to set rates that will ensure uniformity and quality services throughout the City.
(3) 
To ensure availability of services throughout the City at a reasonable rate, each permittee shall establish a fee schedule based upon level of service, which may consider factors of time or mileage, volume (cubic yards, tons or containers) and frequency of collection. Each permittee shall charge the fees stated in the fee schedule. Variable fuel surcharges shall not be permitted. No permittee shall be allowed to charge more or less than is stated in the permittee's approved fee schedule.
(4) 
Once a permittee establishes a fee schedule, the rates therein can be increased during the term of the permit only with the express permission of City Council. The fee schedule, once established, may be decreased in a uniform manner by simply notifying City Council that the fee for a particular level of service will decrease to the new rate on a particular date and by notifying all customers who purchase that level of service of the proposed decrease.
C. 
Suspension of service. No permittee may suspend a level of service established through the permittee's application process during a permit year without the express permission of City Council.
D. 
Violations. It shall be a violation of the permit and of this chapter for any permittee to provide any solid waste service that is not specifically allowed under the permittee's permit, and it shall be a violation of the permit and of this article for any permittee to provide any solid waste service at a rate other than the rate stated in the fee schedule submitted to and approved as part of the permitting process. Any person who knows that a permittee has deviated from his fee schedule may maintain a private action in general district court (with right of appeal to circuit court) against the permittee for deviation from his fee schedule and if successful may recover an amount equal to 12 times the maximum total monthly variation and reasonable attorney's fees. The total monthly variation shall be the total, over the period of a month, of the absolute value of the difference between the rate charged by the permittee and the fee authorized by the permit.
All solid waste collected by permit holders within the corporate limits shall be exclusively delivered to the landfill for disposal, unless otherwise permitted by action of City Council.
Violation of this article shall constitute a misdemeanor and shall be punishable as provided in § 1-13 of the Galax City Code.