SUBSTITUTE ORDINANCE NO. BL2002-931

A substitute ordinance requiring annual reports from the Metropolitan Department of Public Works to the Metropolitan Council on progress of implementation of the Metropolitan Government Waste Management Plan.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

SECTION 1. Chapter 10.2 of the Metropolitan Code shall be and the same is hereby amended by adding the following new article:

"Article 5. Annual Report.
Section 10.20.500. Beginning August 31, 2002, and annually thereafter, the Metropolitan Department of Public Works, together with the Department of Finance and the Health Department, shall file a report with the Metropolitan County Council providing progress on the implementation of the Waste Management Plan of the Metropolitan Government. The Department of Public Works shall compile such information not only from the Metropolitan Government departments and agencies, but also request and compile from state and federal agencies to the extent necessary and possible. All Metropolitan agencies and contractors of the Metropolitan Nashville government shall provide all information to the Department of Public Works to assist in the creation of the annual report on the Waste Management Plan.

The annual report shall be annually presented to the Metro Council. Notices of the presentation will be sent to customers of the District Energy System, members of the media, known environmental groups including but not limited to the Sierra Club, Recycle Nashville, BURNT, RAM, Tennessee Conservation Voters, Tennessee Conservation League, and Cumberland Region Tomorrow. Entities fulfilling contracts with Metro related to the Waste Management Plan should also be notified including but not limited to the operator of the District Energy System, contracted waste haulers, and the recycling hauler and processor. Metropolitan Department of Public Works shall organize this annual presentation with the assistance of staff in the Office of the Metro Council.

The annual report will use 2001 as the base year of comparison for all information requested and shall report requested data for the base year, the current year, and the previous three years to the extent possible. To the extent possible, footnote all formulae used in calculating information provided in the report. The annual report shall contain, but is not limited to, the following information:

Recycling
Percent of households in the Urban Services District participating in curbside recycling annually.
Percent of Commercial and Residential Waste recycled (not including the diversion of waste from one class of landfill to another).
Tons dropped off at each recycling drop-off and convenience center annually.

Composting
Tons composted annually commercially and residentially in the area of Metropolitan Government.
Describe Metropolitan Government's composting efforts, costs, participation, and diversion from landfilling.

Education
Breakdown of expenditures for Education related to the Waste Management Plan.
Explanation of the Modes of Education used.
Number of individuals reached through education.

Waste Hauling and Disposal
Tons of Commercial Waste landfilled in Davidson County and Out of Davidson County annually.
Tons of residential waste Davidson County landfilled in Davidson County and Out of Davidson County from the Urban Services District and from the General Services District annually.

Household Hazardous Waste
Amount of household hazardous waste diverted from landfills for:

• electronics/computers
• batteries, paint, oil, and other chemicals
• antifreeze
• waste tires
• other

Landfill Diversion
Describe Metropolitan Government's efforts to divert more household hazardous waste from landfills.
Describe Metropolitan Government's efforts to divert more residential waste from landfills.
Describe other efforts by the Metropolitan Government to divert more commercial waste from landfills.

District Energy System
Performance guarantees contained within Metro's contract with the contractor for the design, construction, improvement, operation and management of the district energy system.
The number of customers served by the central district energy system.
Amount of time that service to the customers has been interrupted and the reason for each interruption.
The number of Nashville Thermal employees hired and still employed by Metro or with the central District Energy Distribution Plant or its operations contractor.
The number and description of OSHA reportable accidents and lost time accidents that have occurred within the central District Energy Distribution System.

Environmental Compliance
Nashville's air quality according to the National Ambient Air Quality Standards, including a breakdown of major contaminants and causes of pollution.
Number and type of environmental violations for:

• Trash collection by contractor or by the Metropolitan Government
• Recycling contractor
• Ash disposal contractor
• Waste disposal/landfilling, including noncompliance with groundwater regulations
• Thermal plant and/or the central District Energy Distribution System, including
  noncompliance with water discharge regulations or air quality regulations.

Estimated additional vehicle miles traveled with increase in Metro solid waste out of county hauling of residential trash.

Finances
Provide the annual costs for:

• Residential trash collection, including cost of new trucks and containers
• Commercial trash collection
• Curbside recycling collection, including cost of new trucks and containers
• Operation, disposal, and collection of recycling drop offs and convenience centers
• Transfer and disposal costs
• Transfer and disposal costs of thermal ash
• Full cost of thermal operations
• Full cost of operating the central District Energy Distribution System
• Metropolitan Government's, the State of Tennessee, and the aggregate of private customers heating and cooling costs annually
• The amount paid by Metro as the additional system capacity charge according to Annex C, Section B.1. of the service agreement between Metro and the customers
• Annual cost of maintaining the energy distribution system above the $150,000 allowance provided by contractor and an explanation of the amount expended.

Annual revenue received from:

• the sale of paper, aluminum, and other recyclables
• tipping fees
• customers of the central District Energy Distribution System
• waste generation fee
• other.

Contract Compliance
Number and type of contract violations for:

• trash pickup by contractor or by the Metropolitan Government
• recycling contractor;
• ash disposal contractor waste disposal/landfilling;
• thermal plant and/or the central District Energy Distribution System."

Minority/Women Participation
Number and percent of employees who are minorities/women for each contractor of Metro involved in the plan.
Number of minority/women-owned business enterprises that have contractual relationships with the Waste Management Plan.

SECTION 2. That this Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Ginger Hausser, Amanda McClendon, Ludye Wallace

LEGISLATIVE HISTORY
Substitute Introduced:	January 15, 2002
Referred to:	Public Works Committee
Passed Second Reading:	January 15, 2002
Passed Third Reading:	February 5, 2002
Approved:	February 7, 2002
By: