ORDINANCE NO. BL2013-591

An ordinance amending Chapter 10.20 of the Metropolitan Code.

WHEREAS, the “Davidson County Region Solid Waste Plan” (the “Solid Waste Plan”) of the Solid Waste Region Board sets waste reduction goals and recommendations for the Region of Davidson County; and,

WHEREAS, modifying and updating the Health and Safety Title of the Metropolitan Code of Laws to encourage and facilitate reuse and recycling, and provide for the effective and sustainable management of waste, would enhance the Region’s ability to meet the goals set in the Solid Waste plan; and,

WHEREAS, it is, accordingly, in the interest of the citizens of the Metropolitan Government of Nashville and Davidson County to amend Chapter 10.20 of the Metropolitan Code as contemplated herein.

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

Section 1. Section 10.20.100 (A) of the Metropolitan Code of Laws is amended by removing the words “Chipper Residue, Wood Waste, Yard Waste” and replacing it with “Construction and Demolition Waste.”

Section 2. Section 10.20.360 (A) of the Metropolitan Code of Laws is amended by deleting the following language:
In addition to tip fees otherwise due, every Person collecting, hauling or disposing of any Waste, other than Construction and Demolition Waste and Wood Waste, originating or produced in Davidson County shall pay to the Metropolitan Government a solid waste generator fee of six dollars per ton of such Waste. Persons collecting, hauling or disposing of such Waste shall be jointly and severally liable for the payment of the fee; provided, however, that only one fee shall be owed on each ton of Waste. The solid waste generator fee shall not be owed on Waste hauled, collected or disposed of directly by the Metropolitan Government or Persons under contract with the Metropolitan Government to haul, collect or dispose of Waste. The solid waste generator fee applicable to Construction and Demolition Waste and to Wood Waste shall be as specified in subsections B and C of this section.

and substituting in lieu thereof the following language:

In addition to tip fees otherwise due, every Person collecting, hauling or disposing of any Waste, other than Construction and Demolition Waste, originating or produced in Davidson County shall pay to the Metropolitan Government a solid waste generator fee of six dollars per ton of such Waste. Persons collecting, hauling or disposing of such Waste shall be jointly and severally liable for the payment of the fee; provided, however, that only one fee shall be owed on each ton of Waste. The solid waste generator fee shall not be owed on recovered materials, yard waste or waste hauled, collected or disposed of directly by the Metropolitan Government or Persons under contract with the Metropolitan Government to haul, collect or dispose of Waste. The solid waste generator fee applicable to Construction and Demolition Waste shall be as specified in subsection B of this section.

Section 3. Section 10.20.360 (B) of the Metropolitan Code of Laws is amended by deleting the following language:
In addition to tip fees otherwise due, any Person providing permanent disposal of Construction and Demolition Waste in Davidson County shall, if and only if the disposal site is a Class III or Class IV disposal facility permitted by the Tennessee Department of Environment and Conservation, pay to the Metropolitan Government a solid waste generator fee equal to one dollar per cubic yard of Construction and Demolition Waste accepted at such facility. The maximum capacity, in cubic yards, of every vehicle delivering a load of Construction and Demolition Waste to a disposal site covered by this subsection shall be calculated, and the fee owed for that load shall be the product of that capacity and one dollar. The generator fee specified in this subsection shall be reduced by 50% provided that the Person otherwise owing such fee provides evidence reasonably acceptable to the Director demonstrating that not less than 50% of all Construction and Demolition Waste collected or hauled by such Person during the previous year has been or will be recycled or reused and therefore diverted from landfill disposal.

and substituting in lieu thereof the following language:

In addition to tip fees otherwise due, any Person collecting, hauling or disposing of any Construction and Demolition Waste in Davidson County shall, if and only if the disposal site is a Class III or Class IV disposal facility permitted by the Tennessee Department of Environment and Conservation, pay to the Metropolitan Government a solid waste generator fee equal to one dollar per cubic yard of Construction and Demolition Waste accepted at such facility. The maximum capacity, in cubic yards, of every vehicle delivering a load of Construction and Demolition Waste to a disposal site covered by this subsection shall be calculated, and the fee owed for that load shall be the product of that capacity and one dollar. Persons collecting, hauling or disposing of such Waste shall be jointly and severally liable for the payment of the fee; provided, however, that only one fee shall be owed on each cubic yard of Waste. The generator fee specified in this subsection shall be reduced by 50% provided that the Person otherwise owing such fee provides evidence reasonably acceptable to the Director demonstrating that not less than 50% of all Construction and Demolition Waste collected or hauled by such Person during the previous year has been or will be recycled or reused and therefore diverted from landfill disposal. The waste generator fee shall not be owed on recovered materials, yard waste or waste hauled, collected or disposed of directly by the Metropolitan Government or Persons under contract with the Metropolitan Government to haul, collect or dispose of Waste.

Section 4. Sections 10.20.360(C) and Article V of Chapter 10.20, Section 10.20.500 of the Metropolitan Code, are deleted in their entirety.

Section 5. That this ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Ronnie Steine, Duane Dominy

Amendment No. 1
To
Ordinance No. BL2013-591

Madam President:

I move to amend Ordinance No. BL2013-591 by deleting Section 2 thereof in its entirety and replacing it with the following:

Section 2. Metropolitan Code of Laws Section 10.20.360(A) is hereby deleted in its entirety and replaced with the following:

In addition to tip fees otherwise due, every Person collecting, hauling or disposing of any Waste, other than Construction and Demolition Waste disposed of at a Class III or Class IV disposal facility permitted by the Tennessee Department of Environment and Conservation, originating or produced in Davidson County shall pay to the Metropolitan Government a solid waste generator fee of six dollars per ton of such Waste. Persons collecting, hauling or disposing of such Waste shall be jointly and severally liable for the payment of the fee; provided, however, that only one fee shall be owed on each ton of Waste. The solid waste generator fee shall not be owed on recovered materials, yard waste or waste hauled, collected or disposed of directly by the Metropolitan Government or Persons under contract with the Metropolitan Government to haul, collect or dispose of Waste. The solid waste generator fee applicable to Construction and Demolition Waste disposed of at a Class III or Class IV disposal facility permitted by the Tennessee Department of Environment and Conservation shall be as specified in subsection B of this section.

Sponsored by: Ronnie Steine, Duane Dominy

LEGISLATIVE HISTORY
Introduced:	November 19, 2013
Passed First Reading:	November 19, 2013
Referred to:	Budget & Finance Committee Public Works Committee
Amended:	December 3, 2013
Passed Second Reading:	December 3, 2013
Passed Third Reading:	December 17, 2013
Approved:	December 18, 2013
By: