#1998-9: GARBAGE AND RUBBISH (12/15/1998)

WHEREAS, THE OFFICIALS OF THE TOWN OF BUNKER HILL, MIAMI COUNTY, INDIANA HAVE DETERMINED A NEED FOR A GARBAGE AND RUBBISH REMOVAL AND CONTROL ORDINANCE; and;

WHEREAS. THE OFFICIALS OF THE TOWN OF BUNKER HILL, MIAMI COUNTY, INDIANA INTEND TO FURNISH TO ITS DWELLING UNITS A SOLID WASTE COLLECTION SERVICE CONSISTING OF A ONCE WEEKLY PICKUP FROM THE PROPERTY OF BAGGED AND CONTAINERIZED GARBAGE, RUBBISH, AND HOUSEHOLD RUBBISH.

BE IT THEREFORE ORDAINED THAT THE TOWN OF BUNKER HILL ESTABLISH THE FOLLOWING PROCEDURE FOR GARBAGE AND RUBBISH HANDLING WITHIN THE CORPORATE LIMITS OF THE TOWN.

For the purpose of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

GARBAGE. Rejected food wastes, and to include every waste accumulation of animal, fruit and vegetable matter, used or intended for food, or that attends the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit or vegetable.

RUBBISH. Within the meaning of this regulation, shall be construed to mean such matter as ashes, cans, metal ware, broken glass, crockery, dirt sweepings, and boxes provided that the boxes are used to contain rubbish. Excluded from the definition of rubbish are empty boxes, grass, leaves, weeds, trees and large limbs. Also excluded from the definition of rubbish are debris from demolition or construction of buildings, lumber, and wood. Special arrangements can be made with the contractor for an additional charge to pick up the debris from demolition or construction of buildings, lumber and wood.

A. The Town Council, hereinafter referred to as the "Council" of the town is authorized and empowered to collect and dispose of or provide for the collection and disposal of all rubbish and garbage within the corporate limits of the town.

B. The Council is further authorized to appoint a Superintendent of Garbage Collection and Disposal to supervise the collection and disposal, either under the name of Superintendent or such other name or office as the Council shall direct. The Council is further authorized, empowered and directed to provide by contract to provide by the Town Council for the necessary labor, equipment, power, vehicle and all necessary personnel to properly administer the provisions of this chapter for the disposal, collection and handling of the garbage and rubbish.

C. The Contractor shall work under the immediate supervision of the Town Council of the Town of Bunker Hill. Complaints, missed pickups and directions necessary for satisfactory service will be handled by the Clerk-Treasurers office. The Contractor shall have or maintain a local telephone number or a toll free number which shall be listed in the local telephone directory and the same shall be manned and available to the customers of the Town of Bunker Hill between the hours of 8:00 a.m. and 4:00 p.m., Monday thru Friday, except legal holidays as declared by the Town Council of the Town of Bunker Hill. The Contractor shall be prepared to receive orders and complaints at the Contractor's expense.
As a part of the contract, the Contractor shall provide all necessary and proper equipment to collect, haul and dispose of all garbage and rubbish. The Contractor shall provide all labor, supervisory personnel and manpower necessary to perform said collection, hauling and disposal service. The Contractor shall further provide upon request to all retail, service and manufacturing establishments and all commercial enterprises within the Town facilities for the collection, hauling and disposal of all garbage and rubbish as above defined, at the cost of said retail service and manufacturing establishment and all commercial enterprises requesting the same. The Contractor shall be furnished a copy of complaints received by the Town of Bunker Hill and shall answer the Town in writing within fifteen (15) days of the postmark of the mailing of the complaint to the Contractor; said answer shall contain the reasons that might have contributed to the complaint and what actions are taken to remedy the complaint or complaints.
The Town has the option to ride on any vehicles of the Contractor and observe the action of the Contractor at any time.
In the event Contractor wholly fails to collect and remove or properly dispose of garbage or other materials herein provided for, in accordance with the terms of this contract, for a period of seven (7) days (excepting strikes, Act of God, or other causes) the Town Council may, after written notice to Contractor of the specific complaint, cause all such garbage and such material to be collected and disposed of by the Town or its agent, and any and all costs and expenses which may be incurred by the Town shall be paid by the Contractor to the Town immediately upon demand or may be paid by the Town out of or be charged against the monies due Contractor from the Town at the election of the Town, or shall be paid upon demand by the insurer providing the Performance Bond.

D. The Council is authorized and empowered to determine and fix a fair and reasonable charge to be made against every owner of or occupant or lessee of property and by rules and regulations of the Council to establish a method of collection and assessment of the charges under such method and regulation as the Council shall select.

A. Every person having any garbage on his premises shall cause the same to be placed and kept in metallic or sturdy plastic garbage cans, and shall keep the same securely covered so that flies shall not have access thereto. Garbage shall be emptied and removed so frequent that it shall not become putrid and give off offensive odors, and it shall be kept in a sanitary condition. All garbage cans shall be so placed on the premises as to be easy of access by the person or persons who remove them from the premises. All garbage so deposited in cans or receptacles shall be reasonably free from water and slop and no tin cans, broken glass, crockery ware or ashes shall be placed therein. In the event of any dispute between the owner or occupant of the premises and the person who removes the garbage as to the location of the cans or the character of garbage permitted therein, the matter shall be referred to the Council whose decision shall be final and conclusive.

B. Tin cans, bottles, glassware, crockery ware and other rubbish shall be placed in receptacles and securely covered so that flies cannot enter. Receptacles shall be emptied and removed sufficiently frequent to keep them in a sanitary condition and no rubbish shall be permitted to be or remain upon any premises except as herein provided.

C. Any person residing or having his place of business within the fire limits of the town, shall not deposit, keep, or cause to be deposited or kept, any ashes, in any building or on any lot or ground except in metallic receptacles. Receptacles shall be of such a kind and character that there shall be no danger of fire by reason of depositing ashes therein.

D. Every person must place his garbage or rubbish for pickup upon the premises owned or occupied by such person. It shall be unlawful for any person to place such garbage or rubbish for pickup upon property not belonging to or not occupied by such person.

ARTICLE IV. "THREE-BAG" OR 96 GALLON LIMIT FOR RESIDENTIAL SERVICE

Effective January 1, 1999, every residential dwelling shall be subject to a "three-bag" or 96 gallon limit per dwelling per pickup.

No person shall carry on any vehicle, or any carrier of any kind upon any street or alley within the town: any trash, loose papers, garbage or other refuse, without first having covered such trash, loose papers, garage or other refuse with a tarpaulin or other covering to prevent the materials so hauled from blowing off the vehicle or other carrier along the town streets.

It shall be unlawful for any owner or occupant of property to use barrels exceeding thirty (30) gallon capacity for the deposit of garbage or rubbish.

A. All burning of paper, paper boxes or miscellaneous dry material shall be burned in regulation burners of wire mesh or perforated burners fitted with covers or top enclosures to prevent blowing of burning parts. The ashes from such burners are to be emptied by the owner and/or occupant of such property after they are cold, into small containers not to exceed 20 gallon capacity and gross weight when filled not in excess of 50 pounds.

A. The contract for the collection and disposal of garbage and rubbish shall be let and entered into for a period of twelve months beginning December 1, 1998, and ending November 30, 1999. The Bidder shall provide and furnish a bid bond (certified check) or cashiers check payable to the Town of Bunker Hill guaranteeing to enter into a proper contract, if his bid is accepted, within thirty (30) days from the date of such acceptances of the contract, which bond shall be in an amount of not less than ten percent (10%) of the Contractor's total bid for one full year or Five Thousand Dollars ($5,000.00), whichever is greater. The successful bidder shall, upon being awarded a contract and contemporaneously therewith, furnish and provide at his own expense a completion bond in an amount equal to one full year's contract price for faithful performance of his contract, which bond shall have a surety to the approval of the Town Council and to the satisfaction of said Council, it being corporate surety with an insurer approved and licensed by the Indiana Department of Insurance.

B. SANITARY LANDFILL REQUIRED
The Contractor shall provide, at its own expense, a suitable tract of land either within or outside the Town of Bunker Hill, Indiana, to be used for the purpose of disposing of garbage and rubbish from the Town of Bunker Hill and also for disposition of the garbage and rubbish collected by the bidder from retail service, manufacturing and commercial establishments with the Town of Bunker Hill. It is the duty and responsibility of the Contractor to provide suitable disposal of garbage and rubbish at all times and in a manner as approved by the Indiana Department of Health or other regulatory authorities of the State of Indiana

C. REQUIREMENTS OF BIDDER
Each bidder shall complete Form 96, which includes a Non-Collusion Affidavit and Statement of Experience, along with the Bid Bond. Each bidder shall identify the immediate proposed sanitary landfill site including location, size, capacity, availability and zoning; and shall include all other necessary information that may be helpful to the Town Council of the Town of Bunker Hill. Contractor shall submit a list of all trucks and other equipment Contractor will use.

d. QUALIFICATIONS OF BIDDERS
The opening and reading of the bids shall not be construed as an acceptance of the bidder's qualifications or that the bidder is responsible or responsive to the request for bids. The Town reserves the right to determine the competence, qualifications, responsiveness, and responsibility of a bidder from its knowledge of the bidder's qualifications or from other sources. The bidder is required to submit with its proposal certified supporting data regarding its qualifications in order that the Town may determine whether it is a qualified, responsible, responsive bidder. The bidder shall furnish any and all of the following information, sworn under oath:
(1.) Each bidder shall submit under oath with his proposal a statement of his experience, his proposed plan of performing the work, the equipment which he has available to perform work, and a certified financial statement. The statement shall be submitted on Bid Form Number 96 of the Indiana State Board of Accounts. The term "construction" in Form 96 shall be interpreted to mean the "collection, transportation, and disposal of solid waste."
(2.) A copy of the latest available certified financial statement of the bidder ( or its parent corporation if individual subsidiary or division financial statements are not generally prepared and generally available), as certified by a firm of independent, certified public accounts.
(3.) Evidence that the bidder is in good standing in the State of Indiana and, in the case of a corporation, organized under the laws of any other state, evidence that the bidder is licensed to do business in the State of Indiana or a sworn statement that it will take all necessary action to become so licensed if the bid is accepted.
(4.) A disclosure statement under oath of the bidder and every responsible party of the bidder as defined in I.C. 13-7-10-5, containing the following information:

(1) A description of all civil and administrative complaints against the bidder or responsible party for the violation of any state or federal environmental protection law that:
	(a)	has resulted in a fine or civil penalty of more than $10,000 within five (5) years before the date of the submission of the disclosure statement; or
	(b)	alleges an act or omission that constitutes a material violation of a state or federal environmental protection law that presented a substantial endangerment of the public health and environment within five (5) years from the date of the submission of the disclosure document.

(2) A description of all pending criminal complaints alleging the violation of any state or federal environmental protection law that may have been filed against the bidder or a responsible party of the bidder within five (5) years before the date of submission of the disclosure statement.
(3) A description of all judgements or criminal convictions entered against the bidder or a responsible party of the bidder within five (5) years before the date of submission of the disclosure statement for the violation of any state or federal environmental protection law.
(4) A description of all judgments or criminal convictions of felony constituting a crime of moral turpitude under the laws of any state of the United States that are entered against the bidder or a responsible party of the bidder within five (5) years before the date of submission of the disclosure statement.
(5) A letter from a corporate surety satisfactory to the Town stating that a performance bond will be furnished by it to the bidder in the event it is the successful bidder. Such a letter is to be signed by an authorized representative of the surety together with an effectively-dated copy of his Power of Attorney attached thereto. The surety shall be a duly authorized corporate surety company authorized to do business in the State of Indiana.
(6) Evidence, in the form and substance satisfactory to the Town, that bidder has been in existence as a going concern in excess of five (5) years and possesses not less than five (5) years' actual operating experience as a going concern in the refuse collection and disposal business.
(7) Evidence, if form and substance satisfactory to the Town that bidder possesses a going concern and the managerial and financial capabilities to perform all phases of the work called for in the contract documents.
(8) Evidence, in form and substance satisfactory to the Town that bidder's experience in the refuse collection and disposal business derives from operations of comparable size to that contemplated by the contract documents.

A. The Bidder shall be required to collect once weekly all garbage and rubbish as previously defined, within the Town of Bunker from every dwelling unit, in strict accordance with the rules and regulations formulated and adopted by the Town Council of the Town of Bunker Hill, Indiana, in the Clerk-Treasurer's office.

B. The Contractor shall provide, upon request, to all retail, service and manufacturing establishments, and all commercial enterprises with Town facilities, for the collection, hauling and disposal of all garbage and rubbish as defined above. This service must be provided by the bidder/Contractor, but shall be paid by the requester and not through the collection contract. The term "commercial enterprise' does not include mobile home parks or manufactured home parks which are considered to be residences for purpose of garbage collection and disposition.

C. All bidders are notified that homes located in mobile home parks or manufactured home parks are considered individual residences and the owners, occupants or lessees of those residences are required to comply with the plans and specifications and rules and regulations governing the storage, collection of garbage and rubbish and, therefore, must be included.

There shall be no collection on the following holidays:
NEW YEAR'S DAY LABOR DAY
MEMORIAL DAY THANKSGIVING DAY
INDEPENDENCE DAY CHRISTMAS
No other holidays shall be permitted unless permission is received from the Town Council one (1) month prior to any other holiday that may be requested by the Contractor. In the event that other holidays are requested and approved by the Town Council, the Contractor shall notify the citizens of Bunker Hill by one (1) display ad at least two columns by two inches in any newspaper of general circulation within the City of Peru. In the event that there are no collections on these holidays, collections one day late will be permitted for that particular week.

The containers used for garbage and rubbish disposal shall be solid metal or solid plastic containers, with bail or handle, or heavy duty plastic trash bags with suitable grips, each with a capacity not to exceed 30 gallons and gross weight when filled not in excess of 50 pounds. Mineral or vegetable waste may be stored in an appropriate container, the capacity of which shall not exceed 30 gallons and gross weight not in excess of 50 pounds. Each dwelling unit shall be subject to the limitation of 3 containers or 96 gallons per collection. The Contractor shall not be required to collect any containers in excess of this limitation provided.

The Contractor shall not commence the collection as provided for before 6:00 a.m. local time, and shall be completed by 7:00 p.m. local time, on any single day of collection. No collections shall be made on Sunday or the holidays above provided.

The Contractor will furnish all equipment, labor and supervision required. As previously provided, the Contractor shall always have available one or more approved sanitary landfill disposal sites and all equipment, labor and supervision necessary for the completion of this contract. Equipment to be used for hauling garbage and rubbish shall be a late model, steel body with steel covers, non-leakable and of the automatic packer type. The equipment shall be in such condition that the schedule of collection as prescribed can be maintained. In addition, there shall be satisfactory additional equipment available in the event of breakdown or faulty equipment so that there shall be no sufficient reason to deviate from the scheduled pickup. In the event that the Contractor cannot maintain his schedule, he shall obtain enough necessary equipment equal in type, specification and age, usual wear and tear excepted, to supply such additional equipment as may be required for the complete performance of this contract.
The Town may require, prior to entering the contract, the equipment to be used under this contract to be available for inspection by the Town Council.
The name of the company and the truck number shall be painted on each truck with letters and figures not less than three (3) inches high so as to be readily available whenever used on any route within the Town of Bunker Hill. The Contractor shall maintain the present route and manner of pickup, and shall have suitable equipment in size to navigate in tight alleys as required by the Town Council.

Any official or employee of the Contractor using improper or vile language, being under the influence of alcohol or any controlled substance on duty or demanding pay from the occupants of dwelling units for services rendered, or refusing to collect or remove garbage and rubbish as herein defined, shall be immediately removed from work and be disbarred from further employment in said work if so requested by the Town Council.

On the first of each month the parties shall determine the number of dwelling units to be serviced under this contract. The said figures so determined shall be the basis for computation of the compensation in the contract on a monthly basis. During the term of this contract, the parties shall again determine the number of resident facilities to be serviced and, if the number varies upward or downward from the number at the previous determination, the adjustment shall be made upward or downward in the contract price as the case may be at the rate and on the basis of the successful bid for each dwelling unit

The Contractor shall deposit with the Clerk-Treasurer of the Town a certificate of insurance certifying that policies of insurance have been issued to the successful bidder for general liability coverage, automobile coverage, excess liability, workman's compensation and employer's liability and an all-risk property policy with minimum limits for $1,000,000.00 per person and $1,000,000.00 per occurrence for bodily injury and $1,000,000.00 per occurrence for property damage in connection with both general liability insurance and automobile liability insurance. The certificate shall also show the amount of excess liability either in umbrella form or other than umbrella form. The Town shall be included as an additional insured or a co-insured in all of the policies required under this paragraph and shown in the Certificate of Insurance, if more policies than are required in this paragraph are shown in such certificates.

Contractor's attention is directed to all applicable State Laws, County and Municipal Ordinances, and rules and regulations of all authorities having jurisdiction over the performance of the contract, and the Contractor agrees to abide by them, or any changes to them during the term of this contract.

The Contractor shall not assign the contract or sublet as a whole or in part the contract or any obligations thereto without the written consent of the Town Council. Such consent does not release the Contractor from any of its obligations and liabilities under the contract. Any violation of these specifications shall be sufficient cause for the immediate cancellation of the contract by the Town Council, which may therefore employ the necessary labor and equipment to perform the work or re-advertise or re-let the work at the expense of the offending Contractor and his surety.

The Contractor shall agree:
To indemnify and save Town harmless from any and all liability whatsoever growing out of any injury or damage to property or persons caused by any neglect or fault of Contractor, its agents or employees, in the carrying out of this contract, or matters connected there within or related thereto; that it will, on notice given by the Town, defend at its own expense any action or suit brought against the Town because of any work or other acts done by Contractor under the terms hereof; that it will pay any judgment which may be obtained against the Town by the reason of any work or acts done hereunder by the Contractor, its agents or employees; and that it will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents or employees.
The Contractor shall further agree to promptly repair any damage to yards, driveways or other private property of the citizens of Bunker Hill that is damage caused by the Contractor.

If during the term of the contract the Contractor proposes and the Town Council accepts any alternate container method of collection or manner of collection which shall improve collection of garbage and rubbish in the opinion of the Council, upon approval and acceptance by the Contractor, the change shall be in full force and effect from and after a resolution adopted by the Town Council and after the expiration of ten (10) days from a display ad at least two columns by two inches in the newspaper of local circulation in the City of Peru.

Upon approval by the Town Council through a resolution, multiple dwelling units may use types of containers other than as provided herein if the same are requested by the Contractor on the condition that the type of container is adapted for use by the Contractor.
Multiple dwelling units shall be subject to the same treatment by Contractors, under the contract, as if they were separate dwelling units. All multiple dwelling unit owners may rent or purchase containers from Contractor. The cost of said containers shall be pre-approved by the Town Council. If a multiple dwelling unit owner desires to have a dumpster, the cost of the dumpster is in addition to the charge by the Town for collection of garbage and rubbish. The location of a dumpster will be determined by prior approval of the Contractor and the Town Council.

The Contractor shall, with the help of the Town of Bunker Hill, at a time mutually agreed upon by the Contractor and the Town Council, pick up all rubbish that may be placed at the normal residential pickup point. The Contractor shall not pickup up as part of the annual cleaning any debris from the demolition or construction of buildings, lumber, wood. Appliances with freon shall not be collected by the Contractor and shall be disposed of by the owner at the owner's expense. Each bidder is asked to include in their bid the cost of the sticker and to indicate what portion of the cost will be retained by the Town to cover administrative expenses. Also, it will be the responsibility of the Contractor to furnish heavy curbside pickups at least twice a year.

The bid shall be for a firm amount for a fixed period of one (1) year and not be subject to adjustment for changes in the cost of living or consumer price index changes during the period of the contract.

Contractor may make arrangements with residents, at the request of the residents, to pick up items excluded from the definition of rubbish. The Contractor shall furnish a price list for the cost of picking up such items.

The Contractor is prohibited from conducting any activity related to or operating a transfer station within the Town. Garbage or rubbish collected shall not in any manner be transferred from a truck to a dumpster or from a truck to another truck.

ARTICLE XXVI. VARIABLE RATE COLLECTION FEE

As outlined, the Town favors a "bag and tag" system for the customer who has trash in excess of what is commonly referred to as the "3-bag limit". The special tags or sticker are to be provided by the Contractor with instructions on their use. Each bidder shall show the charge for each additional tag and bag, and shall show how much of the additional charge shall be retained by the Contractor and how much of the additional charge shall be retained by the Town to assist in defraying administrative expenses. The Town shall be responsible for selling the approved tags.

The Town requests each bidder to submit a bid for a one (1) year contract covering the period of time from December 1 of the current year through and including November 30 of the following year.

It is unlawful to open burn trash such as plastic, batteries, rubber, disposable diapers, painted or stained wood and shingling material. These rules must always be followed: Only clean wood products may be burned. Burning must be done during safe weather conditions, not during high winds or on pollution alert days. Fires must be attended until completely extinguished. Material may only be burned in a noncombustible and ventilated container, such as a metal drum with enclosed sides and bottom.
Burning on the ground by residents is illegal. Open burning is not allowed at mobile home parks, apartment complexes or buildings of more than four dwelling units. Burning must be done during daylight hours. Fires must be extinguished if they create a hazard, nuisance, pollution problem or threat to public health. Fire fighting equipment adequate for the size of the fire must be nearby. Burning activity must comply with all other federal, state and local laws, rules and ordinances. Violators may have to pay a fine or pay the costs of having a fire extinguished. If the fire escapes, violators may have to cover property damage costs.

This ordinance shall supersede all previous ordinances, resolutions, policies, rules and regulations that were adopted to control garbage and rubbish in the Town of Bunker Hill, Indiana.

THIS ORDINANCE WAS APPROVED BY THE MEMBERS OF THE TOWN COUNCIL OF THE TOWN OF BUNKER HILL, MIAMI COUNTY, INDIANA AT A PUBLIC MEETING ON THE 15 th DAY OF December , 1998.

Jerry McDaniel COUNCILMAN		COUNCILMAN

Martin Rose COUNCILMAN		COUNCILMAN

Norman A. McBride COUNCILMAN

ATTEST:
Janice Davis CLERK-TREASURER