NEWS

Leaders propose trash law tweaks to help clean up city

Joe Williams
Reporter
  • The owner of Shackleford’s Disposal said his company could comply “within a reasonable time frame”
  • Big “O” Refuse, Rumpke of Ohio, Waste Management and Waste Away Systems offer recycling

NEWARK – Local lawmakers say tweaking the city’s trash ordinance to require pickup service and offer optional recycling has one goal in mind: cleaning up Newark’s neighborhoods.

But the road to that goal has not been without obstacles — chiefly, residents’ worries over compliance deadlines and fear of fines over missing them. Those concerns have sparked at least two Newark City Council members to suggest a compromise that will likely surface before the panel votes early next month.

Meanwhile, two Newark trash haulers say they can — and will — comply with any new requirements that come down the pike, but one would appreciate time to adjust and the other said he might need some clarification.

Damian Shackleford, owner of Shackleford’s Disposal, said his company could comply “within a reasonable time frame” with offering recycling, but said he does not know how soon city officials hope to get that started.

Of the five trash companies licensed in Newark, Big “O” Refuse, Rumpke of Ohio, Waste Management and Waste Away Systems already offer recycling; Shackleford’s Disposal does not.

Seth Ellington, owner of Waste Away Systems, said that while his company does offer optional recycling pickup, he recommends that residents take advantage of the free recycling available at drop-off sites countywide. The county contracts with Rumpke of Ohio for that service, funded through the Coshocton-Fairfield-Licking-Perry Solid Waste District.

“There’s no sense in having this great program and have it underutilized,” he said. “There’s no reason to pay for that service twice.”

Ellington said he is unsure how one part of the proposed new ordinance will affect his business: a requirement for a hauler to make one last pickup and remove the provided container within seven days after a customer’s failure to pay the bill ends the contract. His company bills customers for three months in advance, he said, adding that he will need clarification on who pays for that required final pickup.

After the issue surfaced in the council’s Service Committee earlier this month, many residents objected to another aspect of the proposal: placing their trash container at the curb no earlier than 7 p.m. the day before pickup and removing it before 11 p.m. the day of collection.

Many said they work nights and must take out and retrieve their bin outside that time frame. They also objected to paying a $100 fine for a violation.

During the council’s meeting Monday night, Councilmembers Carol Floyd and Jeff Rath suggested opening up that window even further to allow bin drop-off any time the day before pickup and retrieval the day after. Floyd, D-7th Ward, says she plans to offer that amendment Aug. 4, when the council is scheduled to meet and vote on the bill.

“There are some people who think 72 hours is too long. Other people don’t think it matters,” Floyd said.

Floyd said the measure’s intent is to help make neighborhoods look nice. The compromise, she said, is intended to make compliance more convenient for people with varied schedules.

No matter what the council does, she said, most people will continue to take out and retrieve their bin in a timely manner, and others may not.

“As I’ve said many times: If we could legislate responsibility, our jobs would be so much simpler,” she said. “Most rules are made, basically, for those people who break them.”

Rath, R-3rd Ward, said he plans to support Floyd’s amendment, which would help people with different shifts, plans and needs, including people who are elderly and might not want to go out after dark. Rath — and other proponents of the proposal — said enforcement would be complaint-driven and would likely result in only a warning letter for a first offense.

“It’s not meant to be revenue-generating,” he said, “and it’s not meant to impose a criminal record on somebody because of trash.”

Newark resident Beau Bromberg told council members Monday that if the measure is to be complaint-driven, that should be written into the legislation to ensure future administrations don’t enforce it more strictly.

Law Director Doug Sassen said he believes that portion of the bill is “more educational than anything else.” He said including it lets people know the city doesn’t want them to leave their bins out around the clock and will likely increase compliance just by spreading that message.

However, it is intended to catch the “egregious violator” who leaves the bin at curbside seven days a week, Sassen said. City officials don’t know when residents’ trash is collected, but neighbors might.

Determining who handles the inspections would be up to the safety director, who could do it himself or pass the duty on to police or property maintenance and zoning inspectors, Sassen said.

Other aspects of the proposal — requiring trash service for all residents, shifting truck inspections from police to the haulers and increasing haulers’ insurance liability limits — so far have not generated much heat.

Because most trash companies don’t write contracts for residential service, a bill and canceled check should serve as proof of trash service, Sassen said.

While the County Health Department inspects trash trucks annually for health and safety issues, the ordinance up for consideration proposes shifting inspection duties for mechanical issues from the police department to the haulers themselves.

“We definitely do inspect our own trucks,” Shackleford said. “We have a nice maintenance program. We have to get these trucks out on the road every day.”

Increasing liability insurance requirements to a minimum of $250,000 for each person for bodily injury, $500,000 for each liability incident and $300,000 for each incident involving damage to property still falls well within the policies local trash haulers already carry, Shackleford and Ellington said.

Commercial solid waste regulations already govern five or more rental units and require trash bins, Sassen said. Current law requires only that responsible parties must ensure the proper disposal of solid waste generated on the site.

jwilliams6@newarkadvocate.com

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