Title 04 Amendment adopted 10-13-15Be it ordained by the Board of County Commissioners of Teton County, Idaho that the following
ordinance be adopted and added as Chapter 8, Title 4 to the Code of Teton County.
Solid Waste and Recyclable Material Collection, Hauling, Management,
Transportation and Transfer Ordinance
The purpose of this Chapter is to:
(a) Promote recycling, the proper management of solid waste and recyclable materials and
diversion of solid waste from the landfill.
(b) Require that any and all haulers as defined herein become Teton County Authorized Haulers,
and abide by the rules and regulations set forth in their authorization agreement and this
ordinance.
(c) Contribute to the reduction of the total volume and weight of waste bound for the landfill.
(d) Establish requirements for transportation and management of solid waste and recyclable
materials generated in Teton County in order to increase the diversion of recyclable materials
from landfill disposal and direct the materials to the Teton County Transfer Station.
(e) Provide an enforcement mechanism to ensure proper collection of solid waste and recyclable
materials, regulated management of recyclable materials and provide protections against illegal
scavenging of materials.
(f) Provide an exemption for generators who self haul their solid waste or recyclables.
As used in this Chapter, the following terms shall have the following meanings:
Teton County includes the unincorporated County.
Administrator means the Teton County Transfer Station Manager and his or her designee.
Authorized Hauler means a Hauler who, by virtue of a valid written agreement with Teton
County, is authorized to collect, accept, sort, transport or otherwise transfer Solid Waste and
Recyclable Materials from Generators for a fee or profit through a proper permit, business
license or other regulatory structure or authorization issued by Teton County.
Collect or Collection means to take physical possession of and remove Solid Waste and
Recyclable Materials placed for collection in a designated area or receptacle.
Combination Services means services that include both Solid Waste collection, and Recyclable
Material collection for the purposes of recycling or diversion.
Customer means a Generator that contracts for Solid Waste and/or Recyclable Material removal
services and enters into a service agreement with a Hauler (must be an Authorized Hauler).
Diversion or Divert means the reduction or elimination of Recyclable Materials from solid
waste disposal.
Generator means an owner or Responsible Party for a Residence(s), Commercial Facility(ies) or
Business, including residential and non-residential property, vacant or occupied, which generates
Solid Waste and/or Recyclable Materials as a result of its general activity, Business, Commercial
Facility(ies) or property activity. Generator may also include tenants, property managers for
facilities with leased space, employees and contractors of Generator, as well as a Responsible
Party for Special Events.
Hauler means any person or commercial entity which Collects, hauls, or transports Solid Waste
and/or Recyclable Materials for a fee by use of any means, including but not limited to a
dunipster truck, roll -off truck, side -load, front -load, rear -load truck or a trailer.
Hazardous Waste means any waste designated as hazardous by the United States Environmental
Protection Agency in 40 CFR, Part 261, or by the Idaho Department of Environmental Quality
(DEQ) in the Hazardous Waste Management Rules, including but not limited to RCRA
hazardous waste, petroleum products, radioactive materials, asbestos, PCB transformers,
petroleum product storage tanks, or any flammable materials.
Recyclable Materials means materials that have been Source Separated from the solid waste
stream prior to being set for collection. Recyclable Materials includes any materials identified by
Teton County or the Teton County Administrator that they deem acceptable.
Self Haul or Self Hauling means a Generator who transports his or her own generated Solid
Waste or Recyclable Materials to the Transfer Station or other proper disposal site by using a
vehicle owned by that Generator or Generator's employees rather than using the hauling services
of an Authorized Hauler, and landscaping and yard maintenance persons who, as a consequence
of their business activity may generate, transport, and dispose of green waste they generate.
Solid Waste means all materials bound for the landfill being putrescible and non-putrescible
non -recyclable solid, semisolid, and liquid wastes, including garbage, trash, refuse, rubbish,
ashes, industrial wastes, demolition and construction wastes, discarded home and industrial
appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste,
manure, vegetable or animal solid and semi-solid wastes, and other non -recyclable discarded
solid and semi-solid wastes. Solid Waste does not include hazardous waste or low-level
radioactive waste.
Sorted Recyclable Materials means the separation of recyclable materials and commodities
defined and acceptable by Teton County, Teton County Transfer Station, Teton County
Administrator and/or an appointed Teton County representative.
Source Separated or Source Separation means the process of removing Recyclable Materials
from Solid Waste by the Generator at the place of discard generation, prior to collection, into
separate containers that are separately designated for Recyclables for the purposes of Recycling.
Transfer Station or Disposal Facility means the Teton County Transfer Station currently
located at 1088 Cemetery Road, Driggs, Idaho 83422.
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A. No person or entity shall provide services as a Hauler of Solid Waste or Recyclables
within the boundaries of Teton County without being an Authorized Hauler with Teton
County. Authorized Haulers shall be the only permitted Haulers to remove solid waste,
recyclables, and construction and demolition from single-family, multifamily residents,
commercial, and industrial businesses within the County limits.
B. Every owner or tenant of any premises within the County where solid waste or
construction and demolition debris is generated and/or accumulated shall either Self Haul
or accept collection service from an Authorized Hauler. No person or business shall
contract for recycling or waste collection with any Hauler who is not an Authorized
Hauler.
C. Before commencing operations in Teton County, a Hauler must be an Authorized Hauler.
D. Haulers shall identify locations for containers or bins for Solid Waste and/or Recyclable
Materials with the Generator.
E. Haulers shall take any Recyclable Materials that are collected in containers of bins for
that purpose to the Transfer Station. Sorting shall be performed per requirements of the
Teton County Transfer Station.
F. All commercial solid waste trucks will be of a type suitable for the collection of garbage,
modern, sanitary, clean, in good repair and of leak proof construction, and no "open" type
trucks will be used in hauling solid waste. All vehicles must be appropriately registered
with the Department of Motor Vehicles.
G. Haulers will not knowingly deliver to the Transfer Station any solid waste or recyclable
materials that are on the list of Teton County Solid Waste & Recycling unacceptable
materials.
H. Bulls demolition materials fiom any structures that are intended to be delivered to Transfer
Station must have an asbestos inspection report stating that the demolition material does
not contain asbestos or if asbestos was found then the asbestos needs to be removed and
dispose of properly before Transfer Station will admit the demolition material.
1. Haulers shall maintain an up to date website that describes Hauler's Collection Services,
including without limitation information about the various available containers, rates,
charges, and their recycling program.
J. Haulers shall, at their sole cost and expense, maintain proof of general liability, workers'
compensation and vehicle liability insurance in such limits and amounts as agreed to with
Teton County. These policies shall be in full force and effect at all times during any
operations within Teton County. Teton County shall be included as an additional insured
on all required policies. The policies shall require insurer to provide Teton County with
30 days advance notice of any cancellation, expiration, non -renewal or reduction in
coverage under the policy.
K. Haulers must provide Teton County with a list of the vehicles used by the Hauler and the
license plate number for each vehicle. The list shall be updated and resubmitted to the
County within seven (7) days after the Hauler adds to or deletes front the fleet of trucks it
uses in Teton County. All of the vehicles used by the Hauler for transporting construction
and demolition debris in Teton County shall be maintained in a good, clean, and safe
operating condition.
L. All of the trucks used by the Hauler for the collection of construction and demolition debris
shall be marked with the name and phone number of the Hauler in letters that are plainly
visible and at least four inches high. Each cormnercial container used by the Hauler for the
collection of construction and demolition debris shall be labeled by the Hauler.
M. Hauler shall screen at the point of collection all loads of solid waste, C&D loads and
recyclables to eliminate where practical, the transportation of known or suspected
hazardous waste. Hazardous waste found at the point of collection shall not be collected
and the Hauler shall immediately notify the generator to not throw hazardous waste in
solid waste, recyclables or C&D loads.
The Recycling Collection, Management and Transfer Services provided by Haulers in Teton
County shall include, at a minimum, all of the following:
A. Haulers shall, at a minimum, provide the following residential and business services:
• 95 -gallon, and 65 -gallon trash roll -carts and service options will be offered.
• Weekly and every other week trash pick up service will be offered
• Seven (7) different "Combination Services" will be offered, varying in frequency and
volume
B. Customers desiring collection of Recyclable materials shall be offered collection at a
minimum of one time per month, or more as specified by contract with the Generator.
C. Utilization of agreed upon Recycling receptacles between Hauler and Customer.
D. Appropriate identification on Recycling receptacles or containers which allows
Customers to clearly and easily identify which containers to use for Recyclables as
deemed appropriate by the Generator and the Hauler.
E. Harders are required to have a Diversion Plan approved by Teton County. Haulers
shall make best efforts to encourage customers to recycle and reduce waste through
Hauler's implementation of their Diversion Plan for solid waste diversion.
4-8-5 SELF HAUL
A. Nothing in this ordinance shall preclude any person from Self Hauling Solid Waste and/or
Recyclable Materials generated by that person to the Teton County Transfer Station or a legal
disposal site outside Teton County. A Generator may transport Solid Waste and/or Recyclable
Materials generated at its business or property to the Transfer Station or a legal disposal site
outside Teton County (rather than hiring an Authorized Hauler) only if the Generator completes
its activity by utilizing a vehicle owned by either the Generator or Generator's employee. This
Self Haul exemption does not include contracting for or hiring a third party to transport the Solid
Waste or Recyclable Materials. A Self Hauler must certify that all Self Hauling activities will be
completed in accordance with this Chapter or any other applicable law or regulation.
B. Sale or Donation. Nothing in this ordinance shall preclude any Generator from selling or
exchanging at fair market value, for reuse or Recycling, Source Separated Recyclable Materials
generated from that Business, Commercial Facility or property; or from donating to another
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entity for reuse or Recycling; Source Separated Recyclable Materials generated from that
Business, Commercial Facility or property.
C. No Hauler, Self Hauler, person, or generator shall cause or permit any vehicle used for
transportation of recyclable materials, trash, garbage or refuse of any kind to be loaded, or to be
of such construction or condition, so as to permit any recyclable materials, trash, garbage or
refuse of any kind to drop or fall upon or in any street or public way.
D. Demolition materials fi-om any structures that are intended to be delivered to the Transfer Station
must have an asbestos inspection report stating that the demolition material does not contain
asbestos or if asbestos was found then the asbestos needs to be removed and dispose of properly
before Transfer Station will admit the demolition material.
All Solid Waste and/or Recyclable Materials placed in containers provided or owned by the
Generator, shall be considered owned by and be the responsibility of that Generator until the
material is placed at Authorized Hauler's designated point of collection at which point title to the
material transfers to the Authorized Hauler. Without permission of the Generator no person or
entity shall collect Solid Waste placed in such containers or bins by Generators. Without
permission of the Authorized Hauler no person or entity shall collect Recyclable Materials
placed in such containers or bins by Customers. Title to and ownership of all Collection Materials
shall transfer from Authorized Hauler to the Transfer Station upon delivery of the Collection
Materials by Authorized Hauler to the Transfer Station and acceptance by the Transfer Station of
such Collection Materials. Authorized Hauler may not retain ownership or possession of any
Collection Materials that the Transfer Station accepts; all Collection Materials acceptable to the
County shall be delivered to the Transfer Station by Authorized Hauler. Authorized Hauler will not
take ownership of, and Teton County will not accept, any Hazardous Waste,
4-8-7 IMPLEMENTATION AND ENFORCEMENT
A. Utilization of Transfer Station Any Hauler who is in violation of this Chapter may be
restricted from accessing the Transfer Station.
B. Administrative Citations The Administrator may issue administrative citations for
violations of this Chapter or of any rule or regulation adopted pursuant to this Chapter, except as
otherwise provided in this Chapter. Teton County's procedures on imposition of administrative
fines are hereby incorporated in its entirety and shall govern the imposition, enforcement,
collection, and review of administrative citations issued to enforce this Chapter and any rule or
regulation adopted pursuant to this Chapter.
C. Criminal Penalties This Chapter does not restrict the power of the Prosecutor to bring
any criminal proceeding authorized by law. Any violations of this Chapter may be charged as
misdemeanors in accordance with the Teton County Code and State law.
D. Additional Remedies The Administrator may seek injunctive relief or civil penalties
in the District Court in addition to the above remedies and penalties.
E. Cumulative Remedies Any remedy or penalty provided under this article is
cumulative to any other remedy provided in equity or at law. Nothing in this article shall be
deemed to limit the right of Teton County or its authorized collection agent(s) to bring a civil
action; nor shall a conviction for such violation exempt any person from a civil action brought by
Teton County or its authorized collection agent(s). Any fees and penalties shall constitute a civil
debt and liability owing to Teton County from the persons, firms or corporations using or
chargeable for such services and shall be collectible in the manner provided by law.
F. Liability Nothing in this article shall be deemed to impose any liability upon Teton
County or upon any of its officers or employees including without limitation under the
Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA).
4-8-8 FORMS, REGULATIONS AND GUIDELINES
The Administrator may adopt necessary forms, rules, regulations, and guidelines which may be
necessary or desirable to aid in the administration or enforcement of the provisions of this article,
including all necessary policies and procedures for the issuance of the permits, administration of
this article, collection of fees and bonds and/or indemnities, or proof(s) of insurance.
4-8-9 DISCLAIMER OF LIABILITY
The degree of protection required by this Chapter is considered to be reasonable for regulatory
purposes. The standards set forth in this Chapter are minimal standards and do not imply that
compliance will ensure 100% safe handling of Solid Waste or Recyclables. This Chapter shall
not create liability on the part of Teton County, or any of its officers or employees for any
damages that result from reliance on this Chapter or any administrative decision lawfully made
in accordance with this Chapter. All persons handling discarded materials within the boundaries
of Teton County should be and are advised to conduct their own inquiry as to the handling of
such materials. hn undertaking the implementation of this Chapter, Teton County is assuming an
undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its
officer and employees, an obligation for breach of which it is liable in money damages to any
person who claims that such breach proximately caused injury.
4-8-10 DUTIES ARE DISCRETIONARY
Subject to the limitations of due process and applicable requirements of State or federal laws,
and notwithstanding any other provisions of this Code, whenever the words "shall" or "must" are
used in establishing a responsibility or duty of Teton County, its elected or appointed officers,
employees or agents, it is the legislative intent that such words establish a discretionary
responsibility or duty requiring the exercise of judgment and discretion.
If any section, sentence, clause or phrase of this article is for any reason held to be invalid or
unconstitutional by a decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portion of this article. Teton County hereby declares that it
would have passed this ordinance and adopted this article and each section, sentence, clause or
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phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses or phrases be declared invalid or unconstitutional.
Dated this t3t'\ day of cochv`7ex, 2015
BOARD OF COUNTY COMMISSIONERS
ATTEST:
Mary Lou Hansen, County Cleric
Bill Leake