Chapter 4 — GRANTEE COMPENSATION

Section

• 46.0401 Compensation.
• 46.0402 Adjustment to Total Rate.
• 46.0403 Notice to Subscribers Regarding Certain Adjustments.
• 46.0404 Discontinuance of Service for Non-Uniform Handling Service.

(a) Charges for solid waste handling services (including, without limit, for use of a solid waste facility) provided to grantee's subscribers shall be paid by such service subscribers in accordance with the total rate approved by the Board in its approval or extension of the franchise agreement with grantee, as such total rate is adjusted pursuant to § 46.0402. (b) All charges for services rendered by a given grantee shall be uniform and non-discriminatory for the type of service provided and reasonably based upon the type and/or number of containers, type of solid waste, whether compacted or loose, number of separate pick-up points at any place of collection, placement of container(s) or distance of carry-out, frequency of collection, remote location, terrain, disposal costs, and whether residential, commercial, construction or industrial collection. (c) (1) In cases where grantee includes a solid waste handling services amount as a separate listing on a subscriber's bill, the County shall prescribe the amount consistent with waste generation factors established in the franchise agreement and the applicable solid waste handling services. (2) Grantee shall refund to each subscriber, on a pro rata basis, any advance service payments made by such subscriber for service not provided when service is discontinued by timely written notification to grantee by the subscriber. Grantee may not require written notice to be given more than 15 working (waste collection) days prior to the date on which service is desired to be discontinued. (3) On a quarterly basis, the County shall be allowed to furnish, for inclusion with grantee's billing, a message for the purpose of public education regarding waste disposal, recycling, or other environmental issues. If grantee mails its billing in an envelope, two of the four County messages may be in the form of a one page insert, provided the insert is: print ready copy which conforms to grantee's billing, is delivered to grantee by the Division 15 working (waste collection) days in advance of grantee's billing date and does not cause an increase in the postal rates payable by grantee for mailing its billing. If the message is not in the form of an insert, it shall be printed by grantee on its bills. Such message shall not exceed 25 characters and shall be delivered to grantee by the Division 15 working (waste collection) days in advance of grantee's billing date. Grantee shall include such insert in, or print such message on, each subscriber's next billing. (Ord. 4385, passed - -2020; Am. Ord. 4434, passed - -2022; Am. Ord. 4460, passed - -2023)

The following annual and special rate adjustments shall be made to the total rate provided for in a franchise agreement. However, no rate adjustment shall be implemented for or during any period of time when the affected grantee is not in substantial compliance with all material provisions of the County Code or the franchise agreement. (a) Cost of Living Adjustment. A cost of living adjustment set forth in a franchise agreement should be based on appropriate consumer or product price indices and the adjustment shall be a pass through of 100 percent of any increase or decrease as a part of the total rate. (b) Landfill Disposal Facility Fee. The landfill disposal facility fee adjustment shall be the pass through of 100 percent of any increase or decrease in the fee charged to the grantee for use of a landfill disposal facility approved for use by the Division, calculated on a per subscriber basis, and shall be effective as of the date of the change to such fee. (c) Franchise Fee Adjustment. The franchise fee adjustment shall be the pass through of 100 percent of any increase or decrease in the franchise fee and shall be effective as of the date the franchise fee increase or decrease is payable by the grantee. (d) Extraordinary Adjustment. The franchise agreement may allow for adjustments to the total rate to account for infrequent extraordinary events which, although they do not prevent either party from performing and do not implicate force majeure provisions, they nevertheless increase the cost of providing service such that grantee's compensation and the rate adjustment mechanism provided in the franchise agreement result in grantee's suffering losses which are substantially outside the commercially reasonable expectations of the parties. In no event shall any extraordinary adjustment be effective prior to the Board's approval of an amendment to the applicable franchise agreement. (e) Change in Service Level Adjustments. (1) The total rate shall be increased (or decreased) by 100 percent of the increase (or decrease) or incremental increase (or incremental decrease), as the case may be, in the demonstrable costs (i.e., on any direct or indirect cost, whether fixed or variable) associated with the change in the level of the solid waste handling services which may be required of, or agreed to by, a grantee. A change in service level adjustment shall be effective on and after the actual date of the requirement to or agreement to change operations which results from the change in service, but, absent the consent of the division, not sooner than the effective date of the change in service. In no event shall any change in service level adjustment be effective prior to the Board's approval of an amendment to the applicable franchise agreement. (2) In the event that the Division and the grantee claiming to be affected by the change in service level cannot agree on either the existence, or the effect on demonstrable costs, of a change in service level, the dispute resolution provisions of the franchise agreement shall apply. (f) Change in Law Adjustments. (1) The total rate shall be increased (or decreased) by 100 percent of the increase (or decrease) or incremental increase (or incremental decrease), as the case may be, in the demonstrable costs (i.e., on any direct or indirect cost, whether fixed or variable) associated with the change in the manner or nature of conducting solid waste handling services necessitated by a change in law. A change in law adjustment shall be effective on and after the actual date of the change in operations which resulted from the change in law, but, absent the consent of the Division, not sooner than the effective date of the change in law. In no event shall any change in law adjustment be effective prior to the Board's approval of an amendment to the applicable franchise agreement. (2) In the event that the Division and the grantee claiming to be affected by the change in law cannot agree on either the existence, or the effect on demonstrable costs, of a change in law, the dispute resolution provisions of the franchise agreement shall apply. (Ord. 4385, passed - -2020; Am. Ord. 4434, passed - -2022; Am. Ord. 4460, passed - -2023)

No change in service level adjustment increase or change in law adjustment increase which applies to 500 or more solid waste handling service subscribers or to subscribers cumulatively generating 1,500 or more cubic yards of solid waste per month may be implemented until at least ten days after completion of publication of a notice of the proposed increase as set forth in the franchise agreement. (Ord. 4385, passed - -2020; Am. Ord. 4434, passed - -2022)

Where a waiver from uniform handling service has been granted, grantee may discontinue service for non-payment of subscriber's billing or subscriber's failure to substantially comply with the requirements of the applicable provisions of state or local law which govern use, storage and collection of solid waste. After the grantee has given 15 days' written notice to subscriber for non-payment, grantee shall notify the Director in writing of any service termination including a written copy of the notice to the subscriber. Upon payment of the delinquent fees, if applicable, grantee shall resume collection on the next regularly scheduled collection day. Any grantee operating in a uniform handling area shall not discontinue service except as allowed in § 46.0507. (Ord. 4385, passed - -2020; Am. Ord. 4434, passed - -2022)