1485ORDINANCE NO 1485 ( #16 - 13)
AN ORDINANCE IMPLEMENTING A LANDFILL HOST FEE FOR THE
JACKSONVILLE SANITATION DEPARTMENT; AMENDING JMC fl 8,20,010,
8,20,025, and 8,20,080; CREATING JMC c'¢ 8,20,027 AND 8,20,029;
DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES,
WHEREAS, the Jacksonville Sanitation Department has provided superior service
within the Jacksonville city limits and surrounding areas for many years through efficient
operation of the Department and use of a local landfill within the City limits;
WHEREAS, because the City of Jacksonville has incurred additional costs with the
presence and provisions made for the local landfill, and it has become commonplace for
localities that host landfills to assess a charge for doing so; and,
WHEREAS, a survey of other municipalities within Arkansas that provide landfill
locations reflects that assessment of a Host Fee as provided herein will allow the City of
Jacksonville to continue providing quality sanitation services and remain less expensive
than similar agencies in surrounding areas.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS:
SECTION ONE; JMC § 8.20.010 [Definitions] shall be amended and
modified to include the followings
The following phrases and words when used in this Chapter shall, for such
purposes, have the meaning as stated below:
"Bulky ltem(s) "- Large refuse item(s), other than yard waste that will not fit into
the containers and /or bed of a garbage truck. Examples include, but are not limited to,
old appliances, old furniture, old mattresses, etc
"Commercial Establishment "- Any Structure intended or used for the purpose of
conducting a commercial business enterprise.
'Container " - A receptacle for the deposit of solid waste and /or recyclables.
'Food Establishment " - A cafe, restaurant or other similar establishment serving
food and /or food product(s), including fast food, food trucks, and /or drive -thru
restaurants where food is prepared, served, and /or sold.
"Garbage " - All rejected clothing, food waste, waste metals, waste paper, waste
plastic, and /or wood. Said definition does not include designated recyclable materials
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and /or any debris and /or refuse from building construction, demolition, destruction,
and /or repair sites.
"Landfill" - Any location where a system of garbage, trash, and waste disposal has
been created in which the disposed material(s) is /are buried within an encapsulated
area(s) between layers of earthen materials.
"Municipal Solid Waste " - Solid waste resulting from or incidental to business,
community, municipal, recreational, trade, or other such activities or entities, including
garbage, street cleanings, yard waste, and all other solid waste other than industrial solid
waste. Municipal Solid Waste shall not include any hazardous waste, medical waste, or
any such item excluded from landfill disposal under local, state, and /or federal laws or
regulations Items excluded from this definition include, but are not limited to, batteries,
biological and /or chemical waste products, medical waste, motor oil, tires, and /or other
such items.
"Occupant" - Every person in a position of ownership or possession of the
premises in question, which shall include the agent, bailee, actual owner, landlord, lessee,
lessor, manager, tenant, and /or one or all of the above.
"Office " - Every room and /or suite of rooms occupied, operated, or managed under
a separate business name regardless whether the same building contains more than One
(1) such office or suite of office(s).
"Recycling" To separate or divert an item(s) from the solid waste stream for the
purpose of processing or causing to be processed in a material product, including the
production of compost, in order to provide for the final disposition of the material product
in a manner other than incineration or placement in a landfill.
"Residence" A structure intended for the use and occupancy as a family dwelling
unit.
"Sanitation Crew " - Those employee(s), agent(s), or representative(s) of the
Sanitation Department of the City of Jacksonville.
"Sanitation Superintendent " - Head of the Sanitation Department for the City of
Jacksonville and /or his /her designated agent(s)
'Street " - Any public thoroughfare for the passage of pedestrian and /or vehicle
traffic.
Yard Waste " - Grass clippings, leaves, untreated lumber, brush, tree limbs, shrubs,
and /or hedge clippings, and /or any other similar items resulting from trimming and /or
cleaning of residential yards. No such item shall exceed Six inches (6 ") in diameter
and /or Six feet (6') in length.
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SECTION TWO: JMC § 8.20.025 [Landfill Host Fee] shall be created and
shall include the following:
The Landfill Host Fee to be paid by those entities and /or individual(s) who operate
the services of any landfill located adjacent to and /or within the city limits of the City of
Jacksonville shall be as follows
There shall be a One and 25/100 Dollar ($1.25) per ton Landfill Host Fee assessed
to each and every load of waste accepted and placed within any landfill located, partially
or fully, within the City of Jacksonville corporate city limits.
SECTION THREE; JMC § 8.20.027 [Payment /Reporting Requirements and
Financial Penalties] shall be created to include the following:
A) Payment - Said amounts due shall be collected and submitted to the City by
any landfill business or operation on a monthly basis, together with a report noting the
tonnage collected and placed within the confines of its respective landfill operation that
month. Payments shall be due and payable as of the First (1st) day of each calendar
month by the business, company, corporation, firm, individual, person, or other such
entity liable for the payment. Such is considered delinquent if not paid on or before the
First (1St) day of the next calendar month;
B) It shall be the duty of the entity on or before the Twentieth (20th) of each
calendar month to deliver to the City, upon forms prescribed and furnished by the City,
returns under oath showing the total combined gross tonnage and gross proceeds subject
to the Landfill Host Fee for the preceding calendar month and the amount of total Fees
due, together with payment for said amount. Once an entity becomes liable for the
payment of the Landfill Host Fee, the entity must continue to file a report, even though
no Fees may be due, until such time as the entity requests and is released from said
obligation by the City. The reports shall contain such further information as the City may
prescribe and require;
C) If the report(s) and /or payment(s) is /are delivered after the First (1st) day of
the next calendar month, there shall be added to the amount required to be reported and
paid the amount of Five Percent (5 %) of the Landfill Host Fees if the failure is not more
than One (1) month past the delinquency date. An additional Five Percent (5 %) penalty
shall be assessed for each additional month or fraction thereof during which the Failure to
Report /Pay continues, not to exceed a total penalty amount of no more than Thirty -five
Percent (35 %) in the aggregate as detailed below; and,
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D) Any entity who fails to collect and /or remit the Host Fees referred to herein
shall be subject to a penalty of no more than Thirty-five Percent (35 %) of the unpaid Fee
amount. Simple interest on unpaid fees shall be assessed at the rate of Ten Percent
(10 %) per annum.
SECTION FOUR; JMC § 8.20.029 [Examination of Records, Violations,
and Penalties Provisions] shall be created to include the following:
A) In the administration of this Chapter, the City or its designated
representative(s) may make an examination, investigation, or audit of a business,
company, corporation, firm, individual, person, or other such entity liable for payment
hereunder with reasonable notice therein. This shall include the right to inspect, copy, or
review the accounts, books, computer programs or records, documents, papers, and
vouchers of a taxpayer hereunder, including those maintained by another business,
financial institution, and /or the records of another governmental agency(ies) regarding
said taxpayer, except where privileged under law. Each entity and /or its agents,
employees, or designated representatives shall exhibit these items and facilitate any
examination hereunder;
B) The City or its designated representative may compel production of such
records by summons if necessary. Such may be served directly by the City or its
designated representative(s);
C) Should such be necessary, the City is also authorized to administer oaths,
conduct hearings, and compel by summons the attendance of witnesses, testimony, and
the production of any accounts, books, computer programs or records, documents,
papers, and vouchers of an entity hereunder including those maintained by another
business and /or person on their behalf; and,
D) The City or its designated representative(s) are authorized and required to
make the appropriate assessments, determinations, inquiries, investigations, and to take
any and all necessary steps required regarding the collection of the Landfill Host Fee,
including any accrued interest, additional Fees due, and assessable penalties imposed
herein By recording such and providing the entity with a copy thereof, the City shall
demand payment of said amount(s);
E) If any entity fails to file any report as required hereunder or files a report
that is incorrect fraudulent, or miscalculated, the City, from any information in its
possession or obtainable, may determine the correct amount of tax due for the taxable
period and shall notify the entity in writing of the correct amount due. Should the entity
disagree with said assessment, he /she /it shall notify the City in writing within Ten (10)
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days of receipt of said assessment of the basis for disagreement and provide any and all
supporting documentation for review by the City, and,
F) Any business, company, corporation, firm, individual, person, or other such
entity liable for payment hereunder found to be in violation of any provision of this
Chapter shall be subject to punishment of said violation(s) through citation into the
Jacksonville District Court. If guilt is determined or pled, said violation shall be punishable
by a fine no less than One Hundred Dollars ($100.00) and no greater than Five Hundred
Dollars ($500.00). Each day an entity transacts business within the City in violation of the
terms herein shall constitute a separate violation.
SECTION FIVE; JMC § 8.20.080 [Landfill] shall be amended and
modified to include the following:
The landfill utilized by the City shall be designated by the City Council from time to
time. To date, only one (1) such facility exists adjacent to and /or within the city limits of
the City of Jacksonville.
SECTION SIX: All Ordinances or parts of Ordinances and Resolutions in
conflict herewith are hereby repealed to the extent of said conflict.
SECTION SEVEN: If the City Government is to operate in an economical
and efficient manner, it is imperative that the assessment created herein be implemented
as soon as practical. Therefore, to promote the public welfare, health, and safety, an
emergency is hereby declared to exist, and this Ordinance shall be in full force and effect
on and after July 1, 2013.
APPROVED
-STS L:' . DA OF JUNE, 20 3.
A YOR
ATTEST.•
CLERK ROB .' T E. BA BURG, <ITYA ORNEY