PB-234 713

MEMPHIS'  MUNICIPAL  SOLID  WASTE  MANAGE
MENT  SYSTEM:   A  CASE  STUDY

Applied  Management  Sciences
Silver Spring,  Maryland

1973
                            DISTRIBUTED BY:
                            National Technical Information Service
                            U. S. DEPARTMENT  OF  COMMERCE
                            5285 Port Royal Road, Springfield Va. 22151

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                 NOTICE






THIS DOCUMENT HAS BEEN REPRODUCED FROM THE




BEST COPY FURNISHED US  BY THE  SPONSORING



AGENCY.  ALTHOUGH IT  IS  RECOGNIZED THAT  CER-




TAIN PORTIONS ARE ILLEGIBLE, IT IS BEING RE-



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AS MUCH INFORMATION  AS POSSIBLE.

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 BIBLIOGRAPHIC DATA
 SHEET
4. Title and Subtitle
                   1. Report No,
          PB   234  713
   Memphis'  Municipal  Solid Waste Management System;
   A Case  Study
          5. Report Date
             1973
          6.
7. Author(s)
          8. Performing Organization Rept.
            No.
9. Performing Organization Name and Address

   Applied  Management Sciences
   962 Wayne Avenue
   Silver  Spring,  Maryland   20910
           10. Project/Task/Work Unit No.
           11. Contract ,/jGiajpt No.

             68-03-0041
12. Sponsoring Organization Name and Address

   U.S. Environmental Protection Agency
   Office  of Solid Waste Management  Programs
   Washington,  D.C. 20460
           13. Type of Report & Period
             Covered

           	f inal	
           14.
15. Supplementary Notes
16. Abstracts

   This  study  examines  the  solid waste collection and  disposal system
   in Memphis,  tennessee.   The background  f the  system,  including
   location, geography,  demography,  climate, form of government, and
   the solid waste management  agencies is  described, and  the  charact-
   eristics of  the system,  including the  services,  equipment,  and
   finances are discussed.  
17. Key Words and Document Analysis. 17a. Descriptors

   Waste  disposal, urban areas
17b. Identifiers/Open-Ended Terms
                               Reproduced by
                                 NATIONAL TECHNICAL
                                INFORMATION SERVICE
                                 U S Department of Commerce
                                   Springfield VA 22151
17c. COSATI Field/Group
18. Availability Statement
FORM NTIS-35 (REV. 3-72)
19.. Security Class (This
  Report)
    UNCLASSIFIED
20. Security Class (This
21. No._of Pages
                                                      Pace
                                                        UNCLASSIFIED
                                                                        USCOMM-DC 14952-P72

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             MEMPHIS'  MUNICIPAL SOLID WASTE MANAGEMENT SYSTEM

                               A Case Study
            This final report (SW-77o) describes work performed
for the Federal solid waste management program under contract No. 68-02-0041
                    to APPLIED MANAGEMENT SCIENCE, INC.
                Except for the title page and introduction,
        The report is reproduced as received from the contractor
                     U.S. ENVIRONMENTAL  PROTECTION AGENCY
                                    1974

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231053
        This report has been reviewed by the U.S.  Environmental
        Protection Agency (EPA) and approved for publication.
        Approval does not signify that the contents necessarily
        reflect the views and policies of EPA,  nor does mention
        of commercial products constitute endorsement or recom-
        mendation for use by the U.S. Government.
        An environmental protection publication (SW-TTc) in the
        solid waste management series.

                                        i

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                          FOREWORD
     Solid waste management systems are an integral  part of the
environment of nearly every citizen in the United States.   Yet
until recent years, these systems have not received  the attention
other visible residential services have enjoyed.   This  historical
neglect has resulted in systems which may not be  cost-effective,
especially with respect to the rising cost trends encountered in
solid waste management activities.  These trends  arise  from two
principal factors:

     *  Environmentally sound disposal methodology is being
        enforced or strongly encouraged; as a result, disposal
        sites and needed equipment are now expensive to procure
        and operate.

     *  The collection function is highly labor intensive.
        Thus, the costs of unskilled labor, which have  been
        rising to meet socioeconomic demands, have had
        enormous impacts on local agency budgets.

     This rise in cost pressure has forced all  levels of
governmental organizations to consider more closely  the management
and costs of solid waste management activities.

     Because efforts to upgrade solid waste management  practices
are in their infancy, there is still an obvious lack of data
bases for evaluative and comparative analyses.  This case study
is one in a series of case studies of solid waste management
systems which has been conducted under the sponsorship  of the
Office of Solid Waste Management Programs, U. S.  Environmental
Protection Agency.  Kenneth Shuster and Cindy McLaren served as
EPA project officers on the case study reported herein.  The
purpose of these case studies is to fill in this  data gap with
actual case histories of how cities are handling  their  solid
waste problems.

     Concerned agencies at all government levels, as well  as
private firms, will be able to assess information of the following
types:

     *  The management and operating characteristics of
        public sector solid waste management systems.

     *  The institutional forces which give rise  to  these
        characteristics.
                              til

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     *  Those techniques that have been or are being applied
        to enhance the measures of productivity, aesthetics,
        level of service, and environmental  control.

     These agencies and firms can then use these comparisons
to upgrade their systems according to the norms achieved in other
cities of similar size, geographical  location, and operational
and institutional characteristics.

                              --ARSEN J. DARNAY
                                Deputy A&AiA&int AdninufiatoSL
                                faon. Botld WaAte. Management

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                           TABLE OF CONTENTS
Chapter
   1      INTRODUCTION	     1
   2      SYSTEM DESCRIPTION ABSTRACT	     4
   3      FINDINGS AND CONCLUSIONS	     8
   4      BACKGROUND OF THE SYSTEM	    11
          4. 1:  Location, Demography. Economic Base, and
               Climate	    12
          4. 2:  Form of Government and Organization	    14
            4.2. 1: Form of Government	    14
            4.2.2: Organization	    15
          4.3:  Solid WaTste Management System History	    19
          4.4:  Agencies Impacting the Solid Waste Management
               System	  .    26
            4.4.1: Federal Level Agencies	    26
            4.4.2: County  Level Agencies	    27
            4.4.3: Coxinty  Level Agencies	    28
            4.4.4: Local Level Agencies	    30
   5      SOLID WASTE SYSTEM CHARACTERISTICS	    35
          5. 1:  Collection Responsibilities of the Division of
               Sanitation	'36
            5. 1. 1: Mixed Refuse Collection	  .    36
            5.1.2: Trash Collection	    45
            5.1.3: Bulky Item Collection	    46
            5. 1.4: Shredded Leaf Collection  .	    47
            5. 1. 5: Night Commercial Collection	    48
          5.2:  Quality of Service	    51
          5. 3:  Labor Management Relations	    53
          5.4:  Inner City	    54
          5.5:  Disposal Methods - Present and Planned	    57
          5.6:  Equipment Description	    63
            5.6. 1: Financing  and Cost	    64
            5.6.2: Vehicle Maintenance Policies	    64
            5. 6. 3: Vehicle Replacement Policies	    65

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                     TABLE OF CONTENTS (Contd. )

Chapter                                                            Page
          5. 7: Financial Aspects of the Memphis Solid Waste
               Management System	     66
            5. 7. 1: Sources  of Revenue	     68
            5. 7. 2: Expenditures	,	     70
          APPENDIXES
            Appendix A: Tennessee Disposal Act	     78
            Appendix B: Union Contract	     92
            Appendix C: Effectiveness of Districting and
                         Routing Model                             107
            Appendix D: Memphis Solid Waste Ordinance   ....    Ill
                                    VI

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                         LIST OF ILLUSTRATIONS

Figure                             Title                            Page
  1       Data Sources and Information Types	    3
  2       Employment Categories	   12
  3       Memphis City Government	   16
  4       Present Organization - Division of Sanitation Services .  .   17
  5       Shelby County Government	   18
  6       Temporary Organization Department of Sanitation
          Services (January 1,  1973)	   22
  7       Future Organization Department of Sanitation Services  .  .   23
  8       Physical Conditions Making Collection Difficult	   56
  9       Landfill Locations Around Memphis  	   58

                            LIST OF  TABLES
Table                             Title                             Page
  1       Collection Abstract	    6
  2       Disposal Abstract	    7
  3       Manpower and Equipment Allocations	   38
  4       Detailed Structure  of Mixed Refuse Manpower Allocation  .   41
  5       Efficiency and Productivity  Data for J^emphis	  42
  6       Commercial Account Distribution and Fee Schedule  ...   50
  7       Disposal Site Equipment	   59
  8       Rates for Disposal at the Private Sector Site	   61
  9       Composition and Quantities  of Commercial Solid Waste .  .   61
 10       Collection Equipment Description	   63
 11       General Fund  Revenue Sources for FY  72/73	   68
 12       General Fund  Revenues	   69
 13       General Fund Appropriations for Sanitation Services ...   70
 14       Monthly Appropriation Statement, FY 1972	   72
 15       Sanitation Expenditures for  Fiscal 1968-69 to
          Fiscal 1972-73	   75
 16       Bureau of Solid Waste Disposal Expenses and
          Appropriations	   76

                                     vii

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                               INTRODUCTION




       Major changes have been made in the solid waste management system


of Memphis, Tennessee, in recent years.  A serious labor strike in 1968


involving a large number of sanitation employees marked the beginning of


many changes in the collection system.  The settlement ending the strike


resulted in higher labor costs, and this led the city to hire a consultant
                                            %

firm which  provided a districting and routing plan to reduce manpower


requirements.  This plan has been modified in a number -of ways since it


was implemented in 1969.


       The disposal system has been greatly altered by virtue of a new


State solid waste disposal law.  Because of the topological and hydrologic


characteristics of the Memphis area, existing landfill sites were declared


environmentally unsound, and 10 proposed sites were also rejected on the

                                          w. <--<* >
same grounds.  A reasonably suitable site fiaS at last been found, but it


is quite far removed from the collection routes.  In order to improve the


effeciency of the disposal operations, three transfer stations are planned.


       The city is studying the possibility of recovering energy from its


solid waste at the local TVA power plant.  A proposal for a demonstration


project was presented to the EPA in May 1972 but was rejected during the


final evaluation procedures.  The city is now exploring this concept


through other approaches.

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       As in any growing city, the solid waste system in Memphis




continues to be in transition; the problems are by no means solved.




Since the changes that have come about or that are now developing,




and the precipitating circumstances, are not unique to Memphis,




however, an account of the experience thus far may well be of use




to others in similar situations.  It is the purpose of the follow-




ing case study to provide such an account.




       Figure I presents the titles of the people either interviewed




during the site visit or contacted in subsequent telephone calls.




The types of information obtained are also indicated.  Tape recordings




of all conversations were made after obtaining the permission of the




interviewee, and no one rejected this request.




       The structure of this report consists of five chapters and




four appendices.  Chapter 2 synopsizes the system for those readers




who are interested only in the parameters of the city and the collection




and disposal operations.  Chapter 3 presents our findings and identifies




potential problem areas.  Chapter 4 is a description of the city in




terms of those parameters which affect solid waste management operations.




Also included in this chapter are descriptions of the different public




and private sector agencies on all levels found to impact on the system.




Finally, Chapter 5 is an in-depth description of the solid waste




management system as a whole.  All aspects of the system are presented




and, wherever appropriate, tabular data is included.

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                        SYSTEM DESCRIPTION ABSTRACT
City:       Memphis,  Tennessee
Contacts:  Maynard Stiles

           Wayne Neibel

           Thomas E. Wellman

           William C. Rucker
           Chuck Nance
            Chris Sanidas
            Leamon Hood


            John Gibson


Dates of Visit:  March 21 - March 23,
Population
Demography:
   Director, Division of Sanitation
   Services
-  Sanitary Engineer, Division of
   Public Works

-  Mississippi, Arkansas,  Tennessee
   Council of Governments

   Chamber of Commerce
-  Chief,  Solid Waste Control Section
   Division of Pollution Control
   Memphis/Shelby County  Department
   of Public Health.
   Chief Building Inspector, Shelby County

   President and Business Manager,
   American Federation of  State, County
   and Municipal Employees local 1733
   Planner, Economic Development
   Administration, Memphis State Univer-
   sity.
1973
Date
1970
I960
1950
Total
623, 530
497,524
396, 000
White
379,224
312,799
--
Other
244,306
184, 725
--
Area:      217 square miles
Density:    2873 people  per square mile

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Mileage:    3000 miles of roads
             250 miles of alleys
Collection:  Table 1
    Miscellaneous:  The Division of Sanitation Services is responsible for
    the collection of virtually all solid waste generated in the city.  Private
    sector collectors collecting commercial accounts are strictly regulated
    by a fee system based on the licensing of commercial stops.  There are
    nine distinct public sector collection activities which require 1,423 men.
    The crew strength for mixed refuse collection averages 4. 62 men due to
    the planned very high level of service and the extraordinary solid waste
    generation  rate in the city.  A collection fee of $2.50 per dwelling unit per
    month is a  relatively new innovation and falls somewhat  short of the costs
    of servicing a residential account.
Disposal:   Table 2
    Miscellaneous:  The Bureau of Solid Waste Disposal of the Division of
    Public Works is responsible for the disposal of waste collected by city
    crews and will  accept private sector trucks for a fee. The  disposal site
    is relatively remote from the city and the average one-way  distance is
    20miles.  The  choice of this site was made only after ten close-in sites
    were proposed  by the city and rejected by the State Department of Public
    Health on environmental grounds.  The  city was one of many that Re-
   quested EPA funds for a demonstration grant to recover  energy from
    solid waste. Although the request was  rejected, the city is  continuing
   to pursue this project with the local TVA power plant.

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                     FINDINGS AND CONCLUSIONS

      The solid waste management system operated by the City of Memphis
is designed to provide for the satisfactory collection and disposal of all of
the solid wastes generated in the city.  The city is  responsible for the  collec-
tion of all solid waste except that collected by the private sector.  Private
sector firms are closely regulated by a system of inspections and fees. In
one case,  due to annexation, the city deemed it not economically feasible to
expand the collection system, so the added area was franchised to a private
collector.
      The City of Memphis has experienced a number of critical problems
relating to its solid waste management responsibilities.  The Public Works
*trike in 1968 was the most significant of these problems,  especially in view
of the factors that precipitated that event. It does not appear that the .strike
was really resolved to the satisfaction of both sides on all the issues; how-
ever, the pressures were sufficiently reduced to the point where they could
be  rationally  addressed and solved. Since the strike, there is some evidence
to suggest that the union has been fairly active in the  local, non-partisan
political arena.  There is no doubt that the city is now being quite responsive
to the needs of its employees and  this finding is especially evident in the
Division of Sanitation Services, where the practice  of participatory manage-
ment is  being strongly fostered by a forward-looking  s-ystem management
that has expanded communication with the union.
      A  second significant impact in the collection function was the imple-
mentation of a mathematical districting and routing plan devised by a

-------
consulting firm.  This event resulted from the city's finding that many of its
residents were not receiving the twice~per-week level of service  required
by ordinance and to do so would include the expansion of the collection staff
by about 200 men at a direct labor cost of nearly $1 million.  In view of
rising costs in other city functions,  this was a significant burden which would
be difficult  to carry.  The implementation of the computer scheme was re-
ported to be quite successful,  since  the additional 200 men were not hired
and the staff was further reduced by 47 men.  Since the implementation of
the plan,  the analytic model was modified twice to  1) correct for  route over-
lapping and 2) accommodate the significant shift in the disposal site  location.
The impact of these changes has not been ascertained.  The system will be
further modified to fit the introduction of three transfer stations expected
to be implemented in October  of 1973.
      The disposal function in Memphis has also suffered impacts that have been
difficult to resolve.  As a result of the Tennessee Solid Waste Disposal Act,
the city was forced to abandon all disposal operations at close-in  and con-
venient sites and to transport  solid waste to a site  quite remote from most of
the collection routes. It must be noted that there was no choice in this decision
due to the topological and hydrological characteristics within the city boundaries.
The city obviously  recognized  the ultimate results  of the  state-imposed con-
straints and vigorously pursued concepts relating to local disposal.  Among
these was an energy and  secondary material recovery proposal submitted to
the Environmental  Protection Agency in  the spring of 1972  in response to the
"208" demonstration grant solicitation.  Although the preproposal and pro-
posal documents were carefully developed  and justified, the city did not re-
ceive a grant because its concept closely resembled an existing system that
was previously developed under Environmental  Protection Agency sponsorship.
The city is  still confident in its proposal, and with the local TVA  power plant,
is seeking another  funding agency.
      At this time,  there appears to  be a problem with both the level and
quality of service provided to some city  residents.   The collection frequency
                                                 *
in some areas of the city is less than twice per week for mixed refuse and has
been said to be unpredictable and  quite poor in a number of cases.  There are
many contributing factors for this finding:  these are discussed in Chapter 5

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and will not be presented here.  The quality of service, over and above the
level of service, is also insufficient in a number of areas.  This problem is less
amenable to quantification as it is related to socio-economic factors and the
public/private split of collection responsibilities.  This, too, is discussed in
Chapter 5.
        Since the solid waste management system, in Memphis is still in a
State of transition,  the configuration of both the collection and disposal
functions  will change significantly.  The transfer stations and certain  special
collection fleet additions will have a large  and beneficial impact because
these innovations will 1) eliminate a significant travel time  requirement to
the disposal site and 2)  enhance the collection capabilities in areas of the
city very difficult to collect.  These new approaches are not expected  to
have a negative affect on labor management relations.  A  positive effect
is likely to result.
      Other significant impacts to the  collection function include the policy
of annexation which is rapidly increasing the  population and the area re-
quiring solid waste collection and  other public services.  The city approaches
this  requirement in a very pragmatic way.  If the city deems it not economi-
cally feasible to expand its service capabilities to meet the  new demand,it
franchises the operation to the private sector.  There is no reason to  expect
any change in this  policy.
      The disposal operation is now reasonably successful.  The implemen-
tation of a resource recovery  disposal methodology may be  an improvement
over  the current system,  providing it is found to be economically feasible.
Such feasibility can only be determined upon examination  of the project
results but all evidence points toward success.
      In view of the historical  problems that have been encountered in  the
Memphis  solid waste management system,  the city has  responded with care-
ful thought and planning.  This policy  is not expected to change so it is likely
that the system may eventually evolve into a model to be emulated by  other
cities with similar  characteristics and problems.
                                    10

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                                   4
                      BACKGROUND OF THE SYSTEM

      Memphis is located on the east bank of the Mississippi River in the
extreme southwest corner of Tennessee where the States of Tennessee,
Arkansas, and Mississippi meet.  The Memphis Standard Metropolitan Statis-
tical Area (SMSA) consists of Shelby County, Tennessee (including six incor-
porated municipalities),"and Crittenden County,  Arkansas.  This region had
a population of 770, 120 in 1970,  making it the forty-second largest SMSA in
the nation.  The inclusion of DeSoto County,  Mississippi (1970 population
35, 885) in the Memphis SMSA is currently under review by the Bureau of the
Census.
      The area was first inhabited by settlers in the sixteenth century, follow-
ing DeSoto's discovery of the Mississippi  River in 1541.  The French and*
Spanish built forts  in succeeding years on the strategic bluffs overlooking the
Mississippi River.  The Chickasaw Indians finally sold their claim to the
area in 1818.  Shelby County was established by the State Legislature in 1819,
and the City of Memphis was incorporated in 1826 with a population of 500.
During the nineteenth century,  the city experienced race  riots and a yellow
fever epidemic that resulted in a temporary loss of the City Charter  in 1878
due to ensuing bankruptcy.  The Charter was regained in 1893 during a major
clean-up program in the city.
      Of special significance to the history of Memphis was the adoption of a
commission form of government in 1909 and the election of Edward Hull Crump
as Mayor of Memphis.  Mr. Crump controlled the politics and city administrative
structure of Memphis  until his death in  1954.  He has been credited with
                                      11

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restoring law and order to the City of Memphis and initiating many reforms,
especially the creation of the  City Beautiful Commission.  Since 1930, this
organization has  been responsible for gradually erasing the impression of
Memphis as a decaying river  port.  Memphis now boasts the  title of "the
Cleanest City in the Nation,"  and it has been awarded the Trigg Trophy award
six times.

4. 1:  Location, Demography,  Economic Ease, and Climate
      Memphis is located at latitude 35 North and longitude 90 West at an
altitude of 331 feet above mean sea level on the east bank of the Mississippi
River.  The city  covers 217 square miles and includes 153 wooded parks
within its boundaries.
      Memphis is the seventeenth largest city and second largest river port
in the United States.  The population in 1970 was 623, 530, of which 39 percent
was non-white.  There has been an increase of approximately 30 percent in
total population for every decade since 1900, when the population was just
over 100, 000.  The labor force in Memphis has changed during this interval
from an agricultural to an industrial base.  The current percentages of the
labor force in various employment categories is illustrated in Figure 2.
            Employment Categories
           Manufacturing
           Government
           Agricultural, Self-Employed,  Domestic
           and Others
           Service
           Retail Trade
           Wholesale Trade
           Transportation, Communications and
           Public Utilities
           Construction
           Finance, Insurance and Real Estate
           Unemployed
Percentage of
Labor Force
     19%
     15%
     14%
     14%
     13%
      8%
           FIGURE 2: EMPLOYMENT CATEGORIES
                                   12

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      Shelby County covers 783 square miles and includes the City of Memphis
and five other incorporated municipalities: Arlington, Bartlett,  Collierville,
Germantown, and Millington.  The population of Shelby County has increased
from slightly over 150, 000 in 1900 to 722, 014 in 1970 at a growth rate some-
what lower than that of the City of Memphis.  The non-white population
makes up 38 percent of the total;  rural-farm population comprises 3 percent;
rural non-farm 12 percent; and 85 percent is urban.
      Crittenden County,  across the Mississippi River in Arkansas, has one
*                                    	
major municipality: West Memphis.  The population of this county has grown
from about 15, 000 in 1900 to 48, 106 in 1970.  Current construction of a new
bridge across the Mississippi River,  linking Crittenden County to Memphis,
is expected to spur growth in this area.
      The Memphis SMSA had a total population of 770, 120 in 1970, a rise of
over 600, 000 people from the 1900 population of 168, 086. As a result,
Memphis is the hub of the Mid-South region which comprises 105 counties in
Alabama, Arkansas, Kentucky, Mississippi, Missouri, and Tennessee.  This
area had a total population of 3, 348. 936 in 1970, and Memphis ha?? become
its center for manufacturing distribution and office facilities.
      The Memphis SMSA has approximately 900 manufacturing firms with an
employment  of 59,200 and an estimated annual  earnings of $500 million.  The
SMSA ranked twentieth in the nation in wholesale trading in  1967.  Retail  sales
were estimated at $1, 383, 476, 000 and effective buying income for the SMSA
at $2, 263, 744, 000, and at $8, 096, 213, 000 for the  105-county Mid-South region.
The Mid-South area contains 24 percent of the country's farmland, devoted
mainly to cotton and soybeans.  Thus, food processing, hardwood processing,
and cotton trading are major areas  of commerce for Memphis.
      The Memphis area enjoys a mild southern climate with an annual average
of 238 sunny days and a mean annual temperature of 61. 5 F.  Rainfall averages
slightly below 50" per year and snowfall is approximately 6" per year.  The
average relative  humidity is 70 percent.
                                       13

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4. 2:  Form of Government and Organization
4.2.1:   Form of Government
      The legal basis for the Memphis City Government is provided by Chapter
11 of the Public Acts of the General Assembly of the State of Tennessee for
1879, as amended.  In 1963 Memphis adopted a charter providing for local
self-government or  "home rule. " A subsequent amendment changed the govern-
ment in Memphis from a Commission  form to a Mayor-Council form beginning
January  1, 1968.  The City Charter cannot,  however, supersede the general
state law.
     The Mayor is elected every four years.  He is the head of the executive
branch of government, which consists  of nine major divisions:  Fire, Police,
Budget and Finance, Personnel, Public Works, Public Service, Sanitation Serv-
ices, General Services  and Human Services.   The Mayor appoints the Direc-
tors of these divisions,  subject to City council approval.  He is responsible for
preparation of the city's annual budget, the capital improvement program, prepa-
ration of ordinances to be acted upon by the Council, and execution of the pro-
visions of the City Charter and laws passed by the City Council.
      The City Council consists of  13 members elected every four years on a
non-partisan basis, seven from districts, and six at large.  The principal
duties of the Council are legislative, policy making, and budget.  The Council
meets one day a week in executive  session, with afternoons  open to the public.
      Policy decisions for Memphis reside with the Mayor.  He appoints the
Chief Administrative Officer, the members of Boards and Commissions, the
City Attorney,  and the City Personnel Director.  Thus the Mayor is the direct
link between the public and the services provided by the city.  He has the
power of veto for City Council legislation, but can be overridden by a simple
majority of the Council.
      The Shelby County government is administered by a board of three com-
missioners elected at large for four-year terms.  They are responsible for
finance and purchases for Shelby County's health, welfare, institutions,  bridges,
roads, and the Penal Farm. They have appointive powers and jurisdiction over 
                                       14

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the county hospitals, Comptroller, Data Processing Center, Purchasing
Agent, Building Department, Public  Records, Social Service,  and Informa-
tion.  A  chairman is selected from among the Commissioners and is respon-
sible for administration of finances,  especially the Chairman's Fund with
over 400 employees in 36 departments with a $31. 5 million budget.
      The  setting of the  county tax rate,  the levying of taxes, and the initia-
tion of bond sales are administered by a County Quarterly Court.  This court
is comprised of 11 magistrates elected for six-year terms,  seven from
separate districts and four at large.   The Quarterly Court meets the first
Monday  of each quarter  according to state law.  It has a number of appointive
powers,  including County Attorney, County Board of Education,  and Superin-
tendent,  Coroner, Public Defender,  and Medical Examiner. An elected
County Court Clerk maintains the records of the  Quarterly Court as well as
selling motor vehicle a'nd marriage licenses and  other duties.
4.2.2:   prganizatior.
      The  structure of the city government is listed in Figure  3.  Until
January  1, 1972, both the  solid waste collection and disposal functions were
handled by the Division of  Public  Works.  A separate Division of Sanitation
Services was  then created to handle collection.  The management of the solid
waste disposal function remained with the Division of Public Works,  along
with responsibility for street and highway repairs, flood control, water
pollution, and sewer and drain maintenance.
      The organization for the Division of Sanitation Services is  shown in
Figure 4.  This structure  is now  changing to accommodate the introduction
of transfer stations, the first of which is expected to go into operation  in
October  1973.
      The Shelby County government structure is illustrated in Figure  5.
Those portions of the county organization operated jointly by the city and
county are indicated by an asterisk (*).
                                     15

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4. 3:  Solid Waste Management System History
       The collection and disposal operations in Memphis have undergone
considerable change in the last few years.  These transitions were initially
due to changes in political structure and social strife in the city and then to
a search for more efficient, and less  costly, systems capable of meeting State
requirements. In the early 1960's, the collection and disposal of solid waste
                                            
was consolidated under the  Division of Public Works, which provided once
a week, back-door collection services arid hauled refuse out to open dumps
which lay in the flood plain  of the Mississippi River.
       A  turning point occurred  in January of 1968,  when an amendment
to the City Charter installed a Mayor-Council form of government in
Memphis.   The elected Mayor had received little support from the black
community.  He appointed directors to the various City Departments to
replace the commissioners who previously had absolute authority with
respect to the services they provided. At this  time there was no formal con-
tractual agreement between the city employees and the government, although
attempts at organization had previously been made by the American Federation
of State,  County, and Municipal Employees.  On February 11, 1968,  the
Union presented a list of demands which included:  a newsletter recognizing
the  Union; a dues checkoff on the  payroll; a safety  program; a 15^/hour
salary increase; a minimum pay of $2. 35/hour for men with at least five
years of service; $3,00/hour for  truck drivers; overtime pay of time-and-
a-half after 8 hours  a day; men not to ride  in trucks  carrying equipment
or travelling over 45 mph; $6. 97  to be paid to each man to purchase rain-
coats; and five 8-hour working days,   rather than four 10-hour days.
       The demands originally centered around the refusal of the sewer
drainage maintenance workers to go out in  the rain.   They were, however,
backed by most of the lower echelon workers,  including those handling
solid  wastes.
       The city felt  itself unable  to meet these demands.   The Union
interpreted this as having racial  connotations and a strike was called on
                                    19

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February 12th.  The city then set a deadline of February 15th for men to
return to work and began hiring new employees after that date.  Emergency
services were  started for solid waste collection, including 10 -hour-per-day
shifts, 7 days a week, with only once-a-week pickup at curbside.
       The strike attracted national attention and black leaders from around
the country visited Memphis to support the workers. As people harassed
sanitation activities and civil rights marches were  held, riots broke out,
which necessitated control measures such as curlews and court injunctions.
Dr. Martin Luther King visited Memphis several times to try for a peace-
ful settlement 01 the strike,,   The city, however,  felt that the dues check-
off from wages was the sticking point in the negotiations and continued to seek
a compromise. The unfortunate assassination of Dr. King on April 4th in
Memphis may have contributed to the settlement of the strike on AprillTth.
       Agreement with the Union was reached and included establishment
of a seniority system, implementation of the task incentive system,  and
permitted dismissal or suspension of employees with recourse  to arbitra-
tion.  It was also  found that all sanitation employees returning after the
strike could not be used in the Division of Public Works.  Other positions
were  found for the excess men.

       In 1969, it was determined that the solid waste collection  system in
Memphis was inefficient and disproportionate in size. At this time,  a con-
sulting firm approached the city with a scheme for  optimizing collection
routes.  The fee for these services was to be  10 percent of the first annual
savings realized by the city, with a maximum fee of $125, 000.  The collec-
tion system in  Memphis then  required  1230 collection personnel (drivers
and laborers),  and it was  estimated that an additional 200 men were needed.
At an average salary of $2. 00/hour plus  18 percent fringe benefits,  this
meant an additional revenue  requirement of $981, 600.  The Director of
Public Works subsequently presented the consultants' optimal routing report
to City Council, won approval for implementation,  and initiated the  new rout-
ing scheme. By December of 1970  it was found that there was a 14  percent
improvement in service,  less gasoline was consumed, maintenance problems
                                    20

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were reduced, and a reduction in the current collection force of 47 men
could be effected.  A total savings of $1,400, 000 was realized.
       Relocation of the disposal sites since the implementation of the
optimization model has necessitated altering the computerized routing
scheme.  This has been performed manually and it is felt that these adjust-
ments have not altered the effectiveness of the program.
       On January 1,  1972,  the  Division of Sanitation Services
(handling the collection function) was separated from the Division of Public
Works which continued to administer solid waste disposal.  The Division
of Sanitation Services is in the process  oi altering its structure to accom-
modate its separate functions  and the new transfer stations that are expected
to go into operation within the next year.  Figure  6 shows the temporary
organization of this division as of January  1,  1973.   The anticipated organi-
zation, when the transfer stations go into operation,  is shown in Fig-
ure 7.
       The solid waste disposal operation in Memphis has evolved  inde-
pendently of the collection system such that it is now operated by a.
separate division,  A  1968 study of the city disposal  sites showed that
Memphis was operating open dumps.  A search for new  sites resulted in
the suggestion of areas located within the flood plain of the Mississippi
River and protected by earthen dams. These, however,  were rejected  by
the State.
       Solid waste disposal legislation enacted by the State of Tennessee
in 1969 required State approval of all landfill  sites.   Compliance with
this law was mandatory by July 1,  1971. Memphis began considering the
problem seriously in early 1971 when budgetary allocations for the  fiscal
year had already been established for disposal.  At this  time,  three open
dumps were being operated.   However,  an  additional $150, 000 was  made
available to the Public Works Division disposal  section to purchase new
equipment.  In the meantime,  the State postponed the compliance deadline
to July 1, 1972.  A search for a new landfill  site was initiated and the State
                                   21

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was consulted for approval on ten different locations,  each of which was
rejected because it lay in the flood plain.  Finally, in April, 1972, the city
chose a gravel pit that was approximately 20 miles from the City Center.
The city hired a soil testing firm to investigate the site  (soil borings showed
a 35-foot strata of clay and little possibility of leaching  into the sub-strata)
and obtained a lease on 92 acres of this land.  Because of the short lead time
to meet the July 1, 1972, deadline  for  operating an approved landfill, only
25 acres of this site were  prepared for operation.  State approval of the site
was obtained with the  restrictions that sub-drains would have to be installed
along the periphery  of the  site,  or  the  sand or gravel  strata that entered the
site from the adjoining property would have to be sealed off.  The site was
registered under the new state regulations on June 15th, which left two weeks
to implement site operation.  A temporary road was quickly constructed.
Rain hampered the operation most of the time,  and the old dumps were forced
to continue to accept refuse for a period of one week after the  July 1 deadline.
At this time, the new  landfill was accepting approximately  12, 000 cubic yards
of solid wastes per day, half of which was brought in by city trucks,  and the
other half by private haulers.
       Landfill operation has proceeded fairly smoothly at the new site since
July,  1972.  Controls  have been placed on the type of  wastes that can be dis-
posed and liquid wastes are reluctantly accepted.  Severe  rainfall in thfe area
has created operational difficulties, especially the accumulation of water in
holes which have to  be cleaned by pumping or digging  deeper drainage ditches.
Because of the adverse weather conditions in the latter part of 1972, it was
not always possible  to provide adequate cover material at this site.  In
January, 1973, when the weather cleared,  an asphalt  road was constructed,
along with an office  building and a 40' x 50'  service shop for heavy equip-
ment.  Plans are now being made for increased budget requests for land-
fill equipment replacement and for state registration of the remaining land
on the 92-acre site.
       Because of the location of this disposal site (outside the city limits
to the south, approximately 20 miles from the City Center), Memphis has
also been using a privately owned landfill site on the north  side of the city.

                                   24

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In addition,  Shelby County has its own landfill located to the east of Memphis
at the County Penal Farm, and this site is used by 30 city crews.
       In order to reduce the burden of long haul distances on the collection
system because of the distance to the disposal sites, three transfer stations
are planned to be installed at strategic locations in the city (one at the inter-
section of N. Bellevue and Levee Road, another planned in the southeast near
1-240,  and the third in the southwest near Ford Street).  These stations are
expected to improve the efficiency of the system.
       Thus, the anticipated solid waste system transitions for Memphis
over the next five  years will be the construction and operation of the transfer
station system to aid  collection and the state  registration of additional area
on the present 92-acre disposal site for landfilling.  This is  expected to
provide sufficient  lead time for studying newer systems  such as energy
recovery and recycling.
                                   25

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4.4:  Agencies Impacting the Solid Waste Management System
       There have been and are now a number of agencies on Federal, State,
County, and local levels which have affected the operations of the Division
of Sanitation Services in the city of Memphis.   At present, however, the
influence of these agencies  is at a relatively low level because the system
has reached a level of compliance which does  not invite interference.
4.4.1:  Federal  Level Agencies
       The only federal organization that has  had any effect on the solid
waste system in Memphis is the Environmental Protection Agency. Memphis
was one of the many cities which responded to the pre-proposal solicitation
to Section 208 in the spring of 1972.  The essence of their proposal was to
practice front-end recovery of marketable solid -waste components, pulp the
remainder, and pipe it to the site of  the local  TVA power plant.  The next
step in the process was dewatering and subsequent combustion in the power
plant boilers.
       Memphis  did not receive the  demonstration grant from the Environ-
mental Protection Agency for this project. Although the specific reason
was not made clear,  it is suspected  that the proposed process was too sim-
ilar to one which had received a demonstration grant in  an earlier solicita-
tion.  Although Memphis personnel were discouraged by this event, they
are still negotiating with the TVA  in exploration of performing the project
without Environmental Protection Agency aid.
       It is possible that this attempt to secure federal  funds had an effect
on the disposal function of the solid waste management system.  It must be
pointed out that there was a considerable delay in the procurement of a dis-
posal site, which may have resulted from optimism on the outcome of the
grant request.  The delay could have been caused by the city management's
desire to avoid the significant capital expenditures required to start up a new
disposal site if the 208 project was to be approved.
                                    26

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4.4.2:  State Level Agencies
       The Tennessee Department of P^^blic Health is the only State agency
which has had significant impact on the solid waste management system in
Memphis.  Again, the effects have been felt only in disposal,  but when trans-
fer stations are constructed,  the department will have regulatory powers
over these facilities' operation.
       The Department of Public Health is empowered by the Tennessee
Solid  Waste Disposal Act of January, 1971, to regulate solid waste disposal to:
       "(1)   Provide for safe and sanitary processing
             and disposal of solid wastes.
        (2)   Develop long-range plans for adequate
             solid waste  disposal systems to meet
             future  demands.
        (3)   Provide a coordinated state-wide program
             of control of solid waste processing and
             disposal in cooperation with  federal, state,
             and local agencies responsible for  the
             prevention,  control, or abatement  of air,
             water, and land polution.
        (4)   Encourage efficient and economical solid
             waste disposal systems. "
To meet these  objectives, the Commissioner of  the Department of Public
Health has been granted the appropriate powers  to ensure that all solid
waste disposal methods practiced are such that nuisance and health problems
are avoided.  He is  empowered to approve all plans for disposal sites prior
to construction and to impose penalties in the  event that practiced disposal
methods do not follow regulations.  Appendix A is a copy of the Act.
       Recent  disposal history in Memphis clearly indicates that the State
Department of  Public Health is an effective regulatory agency. During the
fiscal year of 1971 -1972, Memphis  submitted ten proposals for disposal sites
and all were  rejected by the state as unacceptable. Consequently, the city
was forced to secure and start up the current  site which is remote to the
metropolitan area.   This expensive choice would not have been made had
the state regulations been more lenient.  Even at this time, it is reported
that state  agents perform, monthly inspections  of the new site  to ensure
compliance with the law.
                                   L* i

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4. 4. 3: County Level Agencies
       At the county level,  there are two agencies which have had sig-
nificant interaction with the Memphis solid waste management system.  The
specific relationships  center around the disposal issue and are not particu-
larly strong at this time.
Mississippi,  Arkansas,  Tennessee  Council of Governments (MATCQG)
       The MATCOG has been interested in regional approaches to  solid
waste management with particular emphasis on disposal alternatives.  In
October, 1972, the Memphis State University, Herff College of Engineering
received a contract from MATCOG  to survey existing solid waste management
practices within the MATCOG planning area.   The principal objective was
to inventory the available data on solid waste management within the COG
area.  Specifically, the following objectives were to be  met.
           "Accumulate data oh existing solid waste problems
             and management practices within the MATCOG area,
             Define present problem areas deserving immediate
             attention
             Delineate short term problem solutions, and
             Formulate general guidelines leading toward
             a regional solid waste management plan."
The submittal date for the final  report was April 1,  1973,  which occurred
after the site visit.  However, an interim report submitted on March 2,
1973 included the following  statement.
       "Several articles, reports,'  and studies have been written
        in recent years in the MATCOG area  dealing with the
        management of solid waste disposal systems.  Several
        studies outside the MATCOG area  that provided a com-
        prehensive and detailed analysis of disposal methods
        were also reviewed.
        It is the consensus of most of  the studies reviewed that
        the biggest contributor to the generation of  solid waste is
        the trend in packaging.  This would include  non-returnable
        and  disposable containers of glass, metal,  plastic and
        paper.
                                   28

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       In most urban areas reviewed, collection services are
       adequate.  However, in unincorporated municipalities
       and in rural areas collection practices are inadequate.
       In rural  counties, the establishing and maintaining of
       solid waste storage  and collection systems is lacking.
       Disposal methods practiced  include backyard burning,
       incineration, dumping, and the use of sanitary landfill.
       It is the  consensus of most studies reviewed that the
       sanitary landfill is the most feasible method of disposal.
       However, two reports recommend that resource  recovery
       with incineration of  garbage in coal fired boilers for power
       generation should be seriously considered as the primary
       method of disposal. "

       For the most part, the conclusions reached in this new study closely
followed those presented in April of 1968 in the "Community Facilities

Study: Refuse Collection and Disposal".   This effort was performed by the

Memphis and Shelby County Planning Commission which has been supplanted

by the MATCOG.  The innovative material in the new study is directed to-
ward energy recovery from solid waste after some waste pretreatment

and material  separation.

Shelby County/Memphis City Department of Health

       In addition to the State Department of Public Health, the local com-

bined health  department impacts solid waste disposal practices.  It was

found that the local codes on sanitary landfill are as strict as the state
regulations and  can therefore be applied.

       The Memphis  and Shelby  County Health Departments merged in 1942
and the two now operate jointly under contract.  This department operates
under a. Board of Health consisting of seven members and is responsible to
the Shelby County Commissioner of Health. A Health Director is appointed

jointly by the Shelby County Commissioner and the  Mayor of Memphis.

       The Health Department runs programs for control of communicable

diseases, school health programs,  and the Memphis Medical Center.
I/  Tne state act permits this  "dual" regulatory power



                                   29

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The Health Department also operates a Division of Pollution Control, the
Director of which has jurisdiction over all forms  of pollution-abatement:
water, air, and solid waste. The director coordinates his activities with
Federal, State, and local authorities in an effort to reduce pollution pro-
blems wherever they exist.  An Air Pollution Hearing Board deals with
problems in that area. A Director of Environmental Services provides
water sampling,  milk processing inspection,  food inspection, and general
sanitation across the city and county.   The chief of the Solid Waste Control
Section is responsible for regulating solid waste disposal activity.  His major
tasks include inspecting landfill sites, checking littering, shutting down obso-
lete incinerators, surveying industrial solid waste incinerators,  and recom-
mending temporary solutions to the  solid waste problem  while encouraging
the implementation of long-term remedies.
      The Solid Waste Control Section of the Department of Health was involved
in the state activity to enforce the regulations governing  the disposal of solid
waste onto the land.  These efforts resulted in the construction of the two new
disposal sites, the termination of the operations of ten others, and the conver-
sion of the disposal activity at the County Penal Farm to a sanitary landfill.
4.4.4:   Local Level Agencies
       On a local level, there have been a number of agencies  which have
significantly affected solid waste management activities in Memphis.  The
union, the American Federation of State, County,  and Municipal  Employees,
has apparently had the greatest impact, as discussed in earlier text concern-
ing the history of the system.  Additionally,  the private  sector consult-
ing firm which performed the districting and routing job  for the city has
certainly assisted in achievement  of system efficiencies.  Finally, the
Memphis State University,  by its efforts to assist both the MATCOG and the
City of Memphis in disposal approaches,  has  affected sanitation operations.
These agencies are all external to the city government and, with the exception
of the county/city joint Health Department, there  are no  agencies internal to
the city government which actively affect the solid waste  management system.
                                    30

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American Federation of State, County,  and Municipal Employees
         The historical impact of the AFSCME on the  solid waste management
system in Memphis has  been discussed in previous sections of this chapter.
The strike was a catastrophic failure of the system due to a breakdown in
communications but it did resolve a  number of difficulties and resulted in a
relatively strong position for the union.
                                              
         Since the strike in 1968, there has been a city-wide election and the
new administration was  installed in January, 1972.  It was  stated by the union
spokesman that considerable political efforts were undertaken by its staff to
motivate its members and the community at large to elect candidates who
would be more responsive to the needs  of the city and its employees.  From
all appearances,  these were fruitful efforts.  The city now uses trained
personnel to negotiate with and respond to the union, whereas  these responsi-
bilities were once assumed by management who were relatively unskilled in
these areas.  Furthermore,  some.of the key issues that precipitated the 1968
event are now being resolved.  The Division of Sanitation Services,  through
its fostering of the concept of participatory management and communication
with the union, is clearly meeting many needs of its employees.
      At this time, there are three major areas that are under scrutiny
by city management and AFSCME.   The union feels that the level of
employment in the division has not kept pace with the growth of the city.
As a consequence, the union spokesman suggested that either  the level of
service offered by the division has fallen  off or that the division employees
are required to work longer hours than before.   There is  some evidence that
both of these allegations have some truth.   The union feels that, to main-
tain the level of service at the standard adopted by the city, there will have
to be some modifications of the  solid waste system.   The  installation of the
transfer station facilities is likely to meet this need.
      It was also stated  that there is some inequity in the  task incentive
system that is currently being employed*   The original application of the
districting and routing model was said to  have resulted in poor work balancing
                                      31

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even though the system efficiency increased as a whole.  This problem was
a significant factor contributing to the second application of the model
methodology. At this time,  there are still route balancing problems and
management has begun to rely on suggestions from the collection crews.
      The third major area of interest is directed toward safety on the job.
Article 16 of the Memorandum of Understanding between AFSCME Local 1733
and the City of Memphis is entitled "Health,  Safety, and Sanitary Conditions"
(see Appendix  B).   In this article,  there is a requirement to form a joint com-
mittee called the ''Health and Safety Committee"  ...  "to review and make
recommendations  on health, safety, and sanitary conditions which affect
the well being of employees  . .. ".  This joint committee is several years
old and, since its  organization, there has been a  drop in the number of
injuries on the job.  At this  time there is one major job hazard under
inspection by the union.  Because of the relatively large crew size, the
entire complement oftnen cannot ride in the  vehicle.  The extra personnel
ride on platforms  on the rear of'the truck as  recommended by the union.
The city has repaired these  platofrms but the union states that this is one
hazard to which the workers should not be exposed.  The union maintains
that workers should be transported  to and from their routes either in a
double cab arrangement or by separate enclosed  vehicles.
       The current union-administration relationship is both healthy and .im-
proving as a result of innovative departmental management.   There are
still a nominal number of grievances filed, but the dialogue maintained
between the two organizations is almost certain to resolve any problems
before they assume  serious  proportions.
Private Consultant Firm
        During the early part of fiscal year 1968-1969,  it became evident to
city management that the twice-per-week level of service could not be met
for 100 percent of the city customers.   The available options  included  either
staffing up by about 200 men or performing a route optimization scheme
proposed by a  consulting firm.  It was felt that the choice of the latter
option would result in no net cost to the city and could, in fact, result  in a
considerable savings.

                                   32

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       The first execution of the routing methodology resulted in the systems
savings projected by the consultants but had a curious characteristic that was
not acceptable to management.   The output was a route allocation in which a
number of crews would be found servicing the same area on intermixed
streets.   This was confusing even though  the total effect was system optimi-
zation.  Appendix C presents the conclusions of city management on the
savings that resulted from the first application of the optimization scheme.
       Since the first optimization attempt, there has been one other formal
application of the methodology which was  modified to keep the routes from
overlapping in any given area.  This was  done  by the consultant at a nominal
cost to the  city  and resulted in the basic routing structure used today.   There
has, however, been some manual modifications of the route structure to adjust
for the termination of disposal  operations at the original sites and the initia-
tion of the new remote sanitary landfill.  The effects of these modifications
do not appear to have disrupted the second optimization scheme to any great
degree.
       Unless the current routes are revised,  the installation of the three
transfer stations in the city  will result  in a non-optimal routing structure.
It was not determined if the  Division of  Sanitation Services intends to rene-
gotiate with the  consultant firm but,  because of the experience of the division
head, this may not be necessary.  He has closely followed the methodology
of the consultant and may be able to perform the necessary rerouting.
Memphis  State University
       The university, as an institution,  has had little impact on the solid
waste management system,  but members  of the engineering school appear
to have affected certain policy positions.  The city has received technical
support from at least one member of the academic staff in a number of areas.
As mentioned in the discussion of the MATCOG relationship, a considerable
fraction of the regional solid waste analysis is  being performed by a staff
member of the engineering school.
                                  33

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       Additionally, the school also provides technical advice for the re-
source recovery plans which have been presented to  the Environmental
Protection Agency and are still under consideration by the TVA.  This is a
reasonable arrangement because the  principal contact was working for the
city as an Administrative Engineer from May to September of 1971 when the
original plans for the resource recovery system were conceptualized.
       This relationship is apparently still strong,  since the city is  pursuing
the original concept without Environmental Protection Agency funding, and
the technical advice and evaluation functions are still being performed by the
staff member of M. S. U.
                                    34

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             SOLID WASTE SYSTEM CHARACTERISTICS

      The Division of Sanitation Services is responsible for the collection
of essentially all of the solid waste generated in the city, including a
number of downtown  commercial sources which are not collected by private
sector firms.  The division does not collect abandoned vehicles,  construc-
tion and demolition wastes, and sewage treatment residues, but it will
collect all other discards, including pathological wastes from hospitals.
Additionally,  the division is responsible for the maintenance  of all  city-
owned motor vehicles except those of the Park Commission and Fire Dep-
partment. The Bureau of Solid Waste Disposal of the Division of Public
Works is separate from, the Division of Sanitation Services, and it independ-
ently  manages and performs most of the required disposal  operations.
There is also a private sector disposal site that is currently  being  used by
city collectors because of its convenience to certain segments of the city.
The county  disposal  site  is utilized by 30 city collection vehicles.
      At this time, the division performs nine separate solid waste collection
activities in six contiguous areas of the city.  Mixed refuse is collected
twice per week on a Monday,  Tuesday - Thursday, Friday  schedule while
trash is picked up by the same crews and equipment on Wednesday. Addi-
tionally,  there are separate fleets which collect commercial  accounts,
bulky items, shredded leaves, road litter (mechanical and  hand  sweeping
as two separate activities), alley cleaning,  and road dirt (panning).  Weed
cutting is performed  principally by the leaf collection crews.  To perform
these activities, the  city currently employs about 1,420 men and actively
utilizes nearly 400 pieces of equipment.

                                 35

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      The Bureau of Solid Waste Disposal of the Division of Public Works
now operates one  sanitary landfill which is relatively remote to most of the
city.  In the recent past, the city operated a number of different sites,  but
operations were terminated because of factors affecting the environmental
soundness  of these activities which could not be alleviated at a  reasonable
cost.  The private sector disposal operation is more convenient to a number
of city routes,  and it is used to avoid the very long distances from these
routes to the city landfill.  It has been reported that the disposal methodology
practiced by this  company is quite effective and very satisfactory.
5. 1:  Collection Responsibilities of the Division of Sanitation
      The division is both directly and indirectly responsible for the collec-
tion of essentially all of the solid waste generated in the City of Memphis.
The private sector can collect wastes from specific customer types, but it is
carefully regulated by a system of permits and fees. Additionally,  the
private  sector has been utilized for the collection of newly annexed city
areas where it was deemed not economically feasible for the city to provide
service. Appendix D presents the most  recent revision of  the city ordinance
which defines and regulates  solid waste management activities.  It is not
completely up-to-date due to the rapid transition which has taken place in
system  management.  Furthermore, the definitions of "garbage" and "rubbish"
do not adequately  reflect the true collection patterns.

5.1.1:   Mixed Refuse Collection
Duties and Level of Service
      Mixed refuse is  scheduled to be collected twice per week on either a
Monday-Thursday or Tuesday-Friday schedule.  As is  being more frequently
found in many city-serviced metropolitan areas,  Wednesday is  set aside for
trash collection by the  same crews  that pick up mixed refuse during the
balance of  the week.
      The collection of mixed refuse is generally carry-out,  but the crews
will also pick up specific materials at the curbside if they are stored and placed
properly.  Storage containers are specified to have  a minimum and maximum
                                     36

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 volume of twenty and thirty gallon^ respectively, and fifty-five-gallon drums
 are specifically prohibited by the ordinance.  The composition of the materials
 placed in the containers for collection will include prompt wastes such as
 putrescibles (garbage),  newspapers and containers, and obsolete wastes such
 as shoes  and other semi-durable items.  There is no limit on the number of
 containers that will be collected.
       The term "carry-out" is not an accurate description of the duties of
 the collector.  Each man is provided  with a specially designed dolly and a num-
 ber of containers.  At the storage point, the collector transfers  the waste from
 the storage containers to the transfer  containers which are then  rolled out on
 the dolly.  The contents of these containers are then loaded into  the compactor
 and the collector proceeds to the next pick-up point.  This arrangement was
 designed  to ease the burden on the men, as the service is  unlimited carry-out,
 but may contribute to  lower manpower and crew productivities.
       The mixed refuse  crews will also collect certain discards  if placed at
 the curbside.   These wastes include such materials as tree trimmings,
 bundled magazines and newspapers, grass, and other similar residential
 refuse.  In all cases,  these wastes must be suitably contained and localized
 so that crews are not interrupted in their normal collection activities.
      Although the level  of service is defined to be twice-per-week, it was
reported that there are catch-up problems.  Prior to the installation of the
districting and routing model, the frequency of service was twice-per-week
for 72 percent  of the customers in the city.  Now,  however, it was estimated
by management that about 98 percent of all city customers receive the twice-per
week mixed refuse service,  a condition that leaves some room for improvement.
Manpower and  Equipment Allocation
      For the major part of the  1972 calendar year, there were  209 identi-
 fiable mixed refuse collection routes  in Memphis.  Table 3 presents data on
the manpower and equipment that was assigned to this activity.   The table
 does not provide sufficient detail to indicate that within the route structure
 there is a significantly varying  manpower assignment pattern.  This detail is
                                     37

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                                   38

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                         TABLE 3 (Continued)
                MANPOWER AND EQUIPMENT ALLOCATION

I/    Trash collection is performed Wednesday using the mixed refuse and
~~     night commercial trucks.  The extra fourteen trucks are driven
      by laborers that have licenses.

2/    The "total" column is based on all activities except Trash collection
~     which is performed by Mixed Refuse Crews.

3/    Of these eighteen,  three are  Rotoboorn drivers, each of which requires
~     five Open Bed drivers.

4/    All equipment listed does not include spares and equipment on order.
~~     The number of packers  for calendar year 1972 is not accurate and is
      explained in the text.

5_/    This total does not include any reserve vehicles.
                                   39

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presented in Table 4 for clarification.  Including the  satellite vehicle
drivers, the average number of men assigned to a packer truck is 4. 62.  It
was  stated that manpower assignments are made to balance the work load on
all routes:  This policy is coincident with the application of the districting
and routing models.  The average length of a route is calculated to be 7.2
miles, and the average distance of the storage sites to the roadway was re-
ported to be  110 feet.
      In  1972, the regular collection fleet was predominantly twenty-yard
Heil packer bodies mounted on International Harvester chassis.   For the
major fraction of the year, the city had only 204 operational packers, and
the remaining vehicle requirements were met with open-bed trucks.  In
September, eighteen additional packers were received (6 Heil,  6  Leach,
6 Gar-Wood, all IH chassis) and  five of the older vehicles were retired.
In the remaining months of the year, forty-seven more Leach  packers  on
IH chassis were added fo the fleet. Consequently,  if no-more  vehicles have
been retired, the city now owns 264 operational twenty-yard packers.  This
circumstance is quite fortunate, as city growth by annexation has forced
the division to add 23 new routes  since the date of the site visit.  The satel-
lite fleet consists principally of Scouts which operate on the "mother-
truck" principle.
Efficiency and Productivity
      Table 5 presents the operating characteristics  of the Division  of Sani-
tation Services during FY 1971-1972.  Of immediate interest is the fairly
high average mixed refuse generation rate of 98 pounds/dwelling  unit/week,
a condition that requires the twice-per-week collection provided by  the city.
Furthermore,  because the level of service also includes carry-out,  it is
clear that the system  is highly labor-intensive as is  reflected  in the  average
of 4. 62 men per crew.
                                       40

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                         41

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-------
                        TABLE 5      (Continued)

                     ASSUMPTIONS AND COMMENTS

 \_l  Based on the number of dwelling units reported to be served by the
     Division of Sanitation Services and occupancy and population data
     from the 1970 Census of Housing (page 90) and Census of Population
     (page 64) for the State of Tennessee.

 2/  Based on total population of the city in 1970 (623, 530).

 3/  Appropriate units are used.  Compacted mixed refuse is assumed, to
     have a density of 500 pounds/cubic yard whereas  compacted trash
     is assumed to have a density of 400 pounds per cubic yard.  Bulky
     items and shredded leaves  cannot be assigned accurate densities.

 4J  Mixed refuse from residential dwelling units and  commercial accounts
     was 2, 029, 300 cubic yards in 1972. Collection from both sources was
     allocated according to the daily number of crews  and average daily
     collection for each waste source and was, for example, calculated
     as follows:

                 14 crews x 40  yards/crew                   x

     14 crews  x 40 yards/crew + 209 crews x 35 yards/crew

     2,029, 300 yards     . 25 tons
                      x 	 =  36,076 Tons/year for commercial
            year           yard              collection


f>y   These collections are reported in cubic yards and cannot be accurately
     converted to units of mass.  When left in volumetric units, these entries
     are too small to be reported.

_6/   This  entry reports the average weekly collection for a single commer-
     cial unit.

_7/   Mechanical sweeping schedule: Downtown streets are swept daily by
     three crews; major thoroughfares are  swept weekly by four crews;
     all major collector streets are swept monthly by four crews; residential
     areas are swept annually by eleven crews.   Note: There are a total
     of eleven crews that perform all of these activities.

8/   Six crews collect some commercial accounts five times  each week and
     eight crews collect the remaining commercial accounts twice per week.

9/   Daily mileage is calculated from the number of trips per day to the
     disposal site, the distance to the site,  the route length and an estimate
     of the distance from the truck lots to the routes.
                                   43

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TABLE 5     (Continued)


10/  A crew is defined as the men who work from one collection truck and
     includes ail other men that drive or work from any equipment which
     supports  that truck.

ll/  The crew size is defined as ratio of the total manpower assignment
     to the total number of collection trucks utilized.  For this calcula-
     tion, the  total number of trucks will no include supportive equipment.

12/  The number  of trucks will include any supportive equipment used for
     collection.  Supportive equipment can be calculated by subtracting the
     number of crews from any entry on this line.   For details, see
     Table 3 and 4.

13/  Assuming a 260 day work- year for  all collection functions except
     leaf collection, mixed refuse collection, and trash collection.
     Leaf collection is seasonal, mixed refuse is assumed to be collected
     208 days  per  year  and trash is assumed to be collected 52 days per
     year.

14/  Data supplied by division management and was not calculated.

15/  The allocation of the costs associated with each function was determined
     by taking the  product of the total collection costs for  FY 1971-1972
     with the fraction of the total manpower  for each function.  Administra-
     tive expenses were distributed proportionally among  the functions.
     For example,  the collection costs for bulky items were calculated
     as follows:
r|
LL
           150 men
         1423 - 80 men

                                 $1,019,347

16 /   The mixed refuse crews collect trash one of every five workdays.
      The total costs of these men were distributed as 4:1 is to mixed
      refuse:  trash.

17/   These values are deceptive  as the disposal  operations were in a rapid
      state of transition and were not performed properly.  Current opera-
      tion is sanitary landfill  at much higher  cost than reported here.
                                    44

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      The crew and truck productivities of 10. 84 tons/crew/day and 441 stops/
truck/day are slightly lower than cities with comparable systems.  The col-
lection cost of $11. 13  per ton compares well with other southern cities and
indicates that the system is relatively efficient, given the constraints imposed
by the high level of service.
      For mixed refuse removal, the costs are $28.40 per dwelling unit per
year or $2. 37/dwelling unit/month and lies close to the current monthly billing
rate of $2.50  per month.  However,  the costs  of other collection activities add
considerably to the basic costs of mixed refuse collection and, consequently,
the current fee system does not now  reflect the level  of service provided by
the division as a whole.
5.1.2:  Trash Collection
Duties and Level of Service
      On Wednesdays, the  crews which normally perform mixed refuse col-
lection are assigned to traverse  both of their routes to collect trash.  In this
context,  the composition of trash will include  all non-putrescible discards
that can be placed in the hopper of a  packer truck which are not too hazard-
ous or too heavy to load.  For example, trash would include brush, bagged
yard trimmings,  small appliances, children's broken toys, etc., but would
not include garbage, large appliances, demolition masonry wastes, and the
like.
      For collection,  trash must be  properly contained or  bundled, and be
placed at the curb. Section  19-10 of the ordinance (see Appendix D)  specifies
the necessary preparation and procedures required of the  trash  generator to
ensure collection.  If  the crews  should decide that the type or condition of
the wastes placed for  removal do not meet with city specifications,  they have
the option to refuse to collect.  However,  crews will  generally collect what
they can to avoid the necessity to return as the result of a  complaint.
Manpower and Equipment Allocation
      Table  3 presents the manpower and  equipment used for  trash collec-
tion.  For the most part, the crews which provide normal  mixed refuse

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collection are assigned to collect trash.  However,  an additional 14 trucks
are used to support these activities to ensure that all discards are collected.
These trucks are the vehicles which are used on the evening commercial
routes and are driven by mixed refuse crewmen who have chauffeur's
licenses.   This allocation can be observed by comparing the laborer assign-
ments for mixed refuse and trash collection.
Efficiency and  Productivity
      Table 5 indicates that the trash generation rate in the city  is very
high.  It is suspected that the greatest fraction of trash is comprised of
vegetal matter  which, because of its quantity, was  said to be quite a problem
in .the city.
      Because  of the high trash generation rate, the average daily trash col-
lection volume approaches that found for mixed refuse collection.  Thus,
trash collection differs only from mixed refuse collection in that the waste
must be placed on the curbside and that the crews must cover their two-day
route in one day.
      If mixed  refuse and trash are assumed to constitute the  normal waste
of a residence, then the annual waste collection costs in Memphis  are  $35.507
dwelling unit/year.   This is $2. 96 per dwelling unit per month and is $. 46
more than the  visible $2. 50  service charge.
5.1.3:  Bulky Item  Collection
Duties and  Level of Service
      The Division  of Sanitation Services is responsible for the  collection of
bulky items that are discarded by essentially all of the generators of these
wastes in the city.  There is no formal route structure for this  activity,
 and there are  three mechanisms that initiate collection.  First, any resident
can inform the division that a bulky item  collection is desired.  The division
will then arrange for a pickup at the mutual convenience of the crews and the
customer.  In  theory, only one collection per year is offered to  each resident,
but in practice, this service  is available for a reasonable number  of collections.
                                      46

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      Bulky item collection is also initiated by the activities of the "City
Beautiful" component of the division.  This  organization identifies areas that
require bulky item collection, informs the residents  of these areas to place
their discards at the curb, and sends crews to perform the collection.   Ap-
proximately one area per week is serviced by this mechanism.
      The Department of Health, with federal funding, has embarked on a rat
control plan which includes the clearing of bulky discards from blight areas.
Under these circumstances, the Health Department will force the residents
to clean up and the division has the responsibility to collect whatever debris
is placed at the curb.
Manpower and Equipment Allocation
      Table 3 presents the manpower and equipment assigned for the collection
of bulky items and related discards.  At this time, there are 59 open bed
trucks and three  Rotoboam cranes being used for bulky item  collection.
Normally, five trucks with a  driver only are assigned to each of the three
Rotobooms and,  consequently,  the crew size presented in Table 5 does  not
accurately reflect the true distribution of the work force. All of the unskilled
labor force is allocated to the 44 vehicles which do not support the crane
operations, and,  therefore,  the model crew size is really three men per
truck.
Efficiency and Productivity
      Bulky item collection is not amenable to description in terms of crew
efficiency and productivity.  However, Table 5 indicates that crew productivity
is quite high at 26.4 yards per  crew per day.  In comparison to  other cities of
similar size,  this is quite large and is fundamentally a result of the bulky
item generation rate.  Asa result of this factor, this collection activity is
quite expensive and costs $5. 52 per dwelling unit per year.
5. 1.4;  Shredded Leaf Collection
Duties and Level of Service
      Shredded leaves are collected by twenty-four crews that completely
cover the city three times per  year.  Leaves must be piled either at or near

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the curb to ensure that the equipment can collect without forcing the crews to
move the waste by hand.  Since leaf accumulation is seasonal, leaf collection
crews are expected to perform other  activities, such as weed removal, during
low periods of activity.
Manpower and Equipment Allocation
        The  twenty-four crews man a  like number of portable leaf collection
machines and, as Table 5 indicates,  there are three men per vehicle.
The reserve fleet consists of six converted "Vac-All's" which are manned
by the crews of disabled leaf collection machines if necessary.
Efficiency and Productivity
        The  City of Memphis is heavily wooded for a metropolitan area
and, consequently, annual leaf collections are quite high.   The collection
of shredded leaves is a fairly costly operation to the division, even though
the crews are relatively-efficient.   Table 5 indicates that even though
crew efficiency is 48 yards per day,  the cost is quite high at $2. 13 per yard.
Consequently, the annual cost to the residents is $2. 65 per dwelling unit.
        Because of the nature of the leaf collection activity, it is unlikely
that efficiencies can be raised and that costs can be reduced without some
major change in level of service,  manpower allocation, or equipment
innovation.   Since such modifications are difficult to implement, the leaf
collection activity will probably remain  a fixed burden to the city for
quite some time.
5.1,5:   Night Commercial Collection
Duties and Level of Service
        The solid waste ordinance for Memphis makes it quite clear that all
collection activities are the responsibility of the city.  This does not mean
that private sector collectors are prohibited from collecting from commer-
cial,  institutional, and large building customers,  but they must obtain a
permit  to do so and,  in addition, secure location permits for every customer
they collect.  The ordinance presented in Appendix D describes the nature
of the regulatory system currently in effect.

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      The Division of Sanitation Services  collects from those commercial
 customers who are not collected by authorized private sector firms.  There
 are currently 9, 866 separate stops and all are billed for the service.  Table 6
 presents  the distribution of the billable customers.
      It was estimated that approximately 6,000 of the commercial pickup
 points served by the city receive five collections per week, and the remainder
 are collected twice per week.  Additionally,  there are 10 points that receive
                                              
 seven collections per week because of the pathological nature of their wastes.
 The high  frequency of service is predominantly delivered to the central
 business  district and the lower frequency of  service is received by com-
 mercial customers in outlying areas.
      With no exceptions, all storage containers are thirty gallons maximum.
 For the most part, this is quite  reasonable as  the greatest fraction of commer-
 cial customers generate  less than  180 gallons/week and are collected nightly.
 However, the larger customers  are likely to be troublesome to collect because
 of the high number of containers that are required.  Apparently many of the
 commerical high  volume  customers have chosen city collection in lieu of the
 private sector, which is  certain to use hoist-type  containers for copius wastes.
 It is possible that city collection charges are less expensive and that these
 customers have the area  required  for can storage.
 Manpower and Equipment Allocation
      Commercial customers are collected by two separate types  of crews
 as illustrated in the data  of Table 3.  Six crews are manned with three men
 per truck and are assigned to downtown collection. The remaining eight
 crews have  four men per  truck and collect the outlying areas.  The equip-
ment that  is used by these crews is the same that is used by the regular
mixed refuse and trash collectors.  In  view of the  complete absence of con-
tainerization for  city customers, there is  no  need  for specialized  trucks
for these  points.
Efficiency and Productivity
        Table 5 demonstrates that the night commercial collection is
no more efficient than the day crews in terms of tonnage.  This is not
                                     49

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                         TABLE 6
COMMERCIAL ACCOUNT DISTRIBUTION AND FEE SCHEDULE
Group No.
1
2
3
4
5
6
7
No. of Accounts
7818
1391
108
41
19
10
0
Collection Quantities
0  180 gallons /week
181  360 gallons/week
361  780 gallons /week
781  1200 gallons /week
1201  1800 gallons/week
1801  3600 gallons/week
3601  5400 gallons/week
Fee Schedule
$ 6. 00/month
12.00/month
25. 00/month
34. 00/month
48. 00/month
79. 00/month
127. 00/month
                              50

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surprising in view of the fact that the waste generation rate of the mode
of the commercial customers is low:  group 1 customers range from 0 to 180
gallons per week which, is about one  can per collection if collected at 5
times per week.  Furthermore, the complete lack of containerization con-
tributes to the low mass collection efficiencies.
        The crew collection frequency which appears in Table 5 was pro-
vided by management.  This does not accurately .reflect the real situation:
The 6 downtown crews collect about 6, 000  stops every night,  resulting in
a collection frequency of 1,000  stops/crew/night; the remaining 8 crews col-
lect 1, 933 stops every night,  resulting in a lower collection efficiency
of only 242 stops per crew per night.  The weighted mean results in a crew
collection frequency of about 567 stops per crew per night.
5.2:    Quality of Service
        The quality of the- collection services offered to the residents of
Memphis appears to be reasonable .given the level of service and local geo-
graphical,  climatical and environmental characteristics.  In January of 1973,
the complaints for missed collections were averaging .139 percent of the total
number of stops serviced.  However,  the total number of complaints during
this month were 4, 406 as compared to 2, 697 during January of 1972.  This could
be a result of the very wet weather encountered this year, so a substantive
drop in quality of service cannot be assumed.
        It was stated by the division head that there still are "catch-up"
problems.  For example,  if a crew fails to complete a route,  it must continue
that route on the next day.  Consequently,  the workweek can end before all
routes are completed with the unserviced customers receiving only one
collection during the week.  This problem  was quite severe prior to the
initiation of the districting  and  routing model and still has not  been com-
pletely solved.
        There are a number of  factors which have been reported that affect
the quality of service in the city.  The most significant of these is the un-
seasonably bad weather that was characteristic of the winter of 1972-1973.
The large quantities  of rainfall had a number of very difficult  effects.  First,
                                     51

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the disposal sites could not be used for a number of consecutive day intervals
and, consequently, collections were hampered during these periods.   Second,
standing water often made it difficult for the men to perform their tasks when
they could collect.  Asa consequence of these factors,  the quality and the
level of service has not been what the city is  obliged to provide.
     A second factor which will be discussed in more detail in the section
describing the inner city,  is an apparent double standard.  The wealthier
sections of the city were said to receive better service than their less affluent
neighbors.  The quality of service  rendered to higher income areas needs no
explanation but the apparent lower  quality of service in other areas can be
partially explained.   In lower income  areas,  collection responsibilities are
split between  the public and private sectors with the latter collecting from
public housing and some commercial accounts.  Because of this split  and an
apparent apathy in private collector crews, the responsibility of the poorer
appearance and lower quality of service in inner city areas cannot be  ascribed
to either sector.  Consequently, both  sectors  appear to feel the problem is the
other's  responsibility.  There are  additional factors which will be presented
later in this chapter.
      The  system currently being used to handle complaints does not provide
for very rapid response.   Each garbage-related complaint must be answered
within twenty-four hours,  but this does not mean thatt service will be immedi-
ately rendered.  The customer will be  advised on when to expect a pick-up. On
this basis, the actual response time cannot be exactly determined but it is
likely to often be in excess of a. day.  For trash collection, any complaint must
be answered in a similar manner,  but the time delay may be at least a week.
      Because of the putrescible nature of garbage,  and the relatively warm
climate in Memphis, the catch-up problem and the slow response time are
likely to create nuisances. In addition to the possibility of odors under  these
circumstances, a missed  collection may also overload whatever storage con-
tainers  are used by the customer.
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5. 3:   Labor Management Relations
       The sequence of events which characterized the strike in 1968 serves
as the foundation of the current working relationship between the city and its
lower  echelon employees.  Setting aside all of the substantive issues in-
volved in the strike,  the principal result was the establishment of the neces-
sary lines  of communication between the administration and the labor union.
An open  dialog between the principals is necessary to ensure that the
catastrophic events of 1968 have a low probability of reoccurrence.
       Since 1968, the American Federation of State,  County,  and Municipal
Employees has been  the bargaining agent for approximately 30 percent of the
city employees, including the sanitation workers.  The specific benefits
gained since then are presented in Appendix B which is the current memo-
randum  of agreement.  Most of the benefits presented in the agreement will
be found in other unionized systems.  During 1966, workers within certain
job classifications were offered the option of remaining under the pension
plan or withdrawing their funds and be covered by Social Security.  This
option was  offered at the request of the union.  The vast majority of the
employees  elected to be covered by Social Security.
       The agreement is not benefit-oriented; rather, it addresses more
long-term  issues such as health and safety on the job,  training programs,
and grievance  procedures.   This emphasis is not surprising in view of the
brief history of union influence  and the events which led to its recognition.  As
a stronger and more  definitive relationship matures between the union and
the city, it is likely that more fundamental bread-and-butter issues will be
negotiated.
       The tenure data supplied by division management indicates that the
labor force is quite stable.   Of the 992 unskilled laborer positions,  only 119
men hold tenure of a  year or less.  If this is taken as an indication of turn-
over,  then the turnover rate is  only 12 percent which is exceptionally low.
The driver positions  are even more stable with no employees having less
than two years tenure. It must be kept in mind,  however, that drivers are
recruited from the unskilled labor category, a factor which contributes to
the tenure  structure  of the driver positions.
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       Absenteeism is not as much of a problem in Memphis as it is in
comparable solid waste management systems.  In January of 1972, an
average of five to six percent of the sanitation employees were absent with-
out permission but in January of 1973, this had dropped to three percent or
less.  The reason for  this drop can probably be attributed to a novel policy
instituted early in 1972.  Employees receive one bonus day (leave with pay)
for every four months of unblemished attendance.
       The task incentive system that is employed in the Division of Sani-
tation Services differs somewhat from systems operated in other cities.
In Memphis, the crews from a zone can quit early providing that all of the
routes in  the zone are completed.  Consequently, there is an incentive for
crews  to help complete the route of a  lagging truck.   In view of the reported
catch-up problem,  it is probable that  this policy is not universally successful
for all of  the crews in the city.   In fact, the reported average completion time
of the routes is eight hours so it would appear that the task system is either not
functioning as an incentive or the routes have been adjusted to equal a workday.
       Before fifty-five gallon drums were  prohibited by the division,  there
were a large number of back injuries  occurring among collectors. Upon the
termination of their use, the injury rate dropped significantly, but minor in-
juries have increased.  A review of the recent accident record indicates that
the current accident types are characterized by lacerations and other wounds,
dog bites,  mashed digits, and muscle strains.  Fractures and other injuries
of a more  serious nature do not appear to occur with any great frequency.
Nevertheless, both the city and the union regard the job  hazards  of a sanita-
tion worker as a  significant problem and representatives from both sectors
sit on the Health and Safety Committee.
5. 4: Inner City
       The "Inner City"  of Memphis is composed of three separate and
distinct areas:  downtown, north Memphis, and public housing projects.
The  city is responsible for the collection of most of the residential dwel-
ling units  in the first two areas but splits the public housing  projects with
the private sector on the basis of the  number" of units  per building.
                                   54

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 Consequently, the degree of containerism is much higher in public housing
 areas,  but the use of individual solid waste cans is also found.
         It was reported that the quality of service (including a lower level
of service) in the  inner city areas is lower than in more  affluent neighbor-
hoods.  It  is almost certain that this  situation-is  a fact because of a number
of real  conditions that exist in the city.  First, the solid  waste generation
rate by inner city residents is  quite high  and is likely to  be highly  dominated
by bulky items.  Furthermore, many of those residents are not accustomed
to municipal sanitation systems and may  therefore use unacceptable waste
preparation and storage practices.  Since the level of service performed is
left to the  discretion of the crews,  a collection may not be made if the waste
properties or confinement methods do not meet with city  ordinance requirements.
         In addition to the considerable quantities of poorly contained or
oversize solid wastes,  several physical aspects of the inner city areas make
collection  a difficult proposition.  In many areas,  the "roads" are  narrow
and unimproved,  making  them very difficult to negotiate with a packer
truck.  Furthermore, if any automobiles  are parked illegally on these rpads,
a truck cannot pass at all.  Under these circumstances, a crew cannot
collect  and maintain their route schedule.
         Other physical problems are the lack of adequate drainage along
roads,  and road improvement policies which place residential dwelling units
high on embankments or deep in ravines.   Figure 8 illustrates this situation
as an example.  Under these conditions, collection is a difficult task and can,
at times, represent considerable hazard to the crews.
                                   55

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                                                          standing water
                                                          in road
 FIGURE 8:  PHYSICAL CONDITIONS MAKING COLLECTION DIFFICULT

         Finally, the split of collection responsibilities between the public
and private sector for housing projects appears to have resulted in a lower
quality of service for residents in these areas.  Although this  finding  cannot
be easily supported by any hard data, it would appear that this situation
arises because of difficulties in specifying the  responsibility for the less than
careful collection service.
         Consequently, the picture of inner city areas includes infrequent
collections, the presence of bulky items and vagrant waste adjacent to
inner city dwellings and a fair amount of litter  in the streets.  For the most
part, the Division of Sanitation Services has been sincere in its attempts to
alleviate  these conditions, but the problems require solutions that do not
lie within the powers of division management.  It would appear that the only
viable alternative would be the establishment of a specific solid waste
management policy and operation to  service these areas.   There are  some
indications that specific problems are now being addressed through the
growth of the bulky item collection and the purchase of small packer trucks
for narrow road collection.  However, to be completely successful, it is
likely that some program be initiated to teach sound solid waste practices
to the residents of inner city areas.
                                     56

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5.5:  Disposal Methods - Present and Planned
      The city of Memphis presently operates one landfill and one Class IV
Solid Waste (Pathological) Incinerator.  In addition,  a private landfill is
operated by Patterson Waste Control, Inc. and  another landfill is operated
by Shelby County at its Penal Farm.  Figure 9  shows the location of the
landfill sites with respect to the City of Memphis.
      The principal landfill serving the city  is located in Shelby County, outside
the Memphis city limits,  but close to the extreme southeast  portion of the
city.  It is bounded by Shelby Drive , Malone Rd. , Pleasant Hill Rd. , and
Holmes Rd.  The landfill is operated around the clock on weekdays and is
closed on Saturdays at 10 P. M.  It is reopened on Sundays between 2 P. M.
and 10 P.  M. and then opened for the week on Monday morning at 6 A.M.
There are no scales on the  site and the solid waste loading is measured by
estimating the  volume capacity of incoming trucks.   Solid waste deposited
in the landfill currently ranges from 8, 000 to 9, 000  cubic yards per day on
weekdays, with Mondays and Fridays exhibiting lower  loading figures than
Tuesdays, Wednesdays,  and Thursdays.   Saturdays  and Sundays average
2500 cubic yards and 500 cubic yards respectively.   A total of 200, 000  cubic
yards are accepted each month.  Most of this comes in compactor trucks
with an average density of 500  Ib. /cu. yd.  The monthly loading for the
landfill would therefore be 50,  000 tons.   Daily loading would average 2,250
tons on weekdays, or 1666 tons/day averaged out  over the entire month.
      The entire landfill site consists of 92 acres and is located just outside
the Memphis city limits.  The  choice of this site  was made possible because
the city is exempt from zoning requirements within a 3 mile  jurisdiction beyond
its boundaries.  The  site has been  leased from  a  private property owner for
a period of five years, beginning July 1, 1972.  Approval of this contract was
required and obtained from the Memphis and Shelby  County Board of Adjust-
ment.   The site was leased initially for  $1000/year,  but this  has now been
revised to $1500/year.  Of the  92 acres  on the site,  Memphis has obtained
approval from  the State of Tennessee for operation of 25 acres of this land
                                     57

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                                              03
                                              U

                                                                                                                          
                                                                                                                          g
                                                                                                                          o
                                                                                                                          o
                                                                                                                          Q
                                                                                                                          53

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as a, sanitary landfill.  This involved submission of a complete set of
construction, design, and operating reports.  The initial 25 acres are
expected to last until the end of 1973,  and the entire 92 acres for a total
period of five years from the effective date of the contract.
      There are 41 men currently employed at the site.   These consist of
one manager,  one general foreman, one mechanic, two greasers, two truck
drivers, eight security men, nine crewmen, and seventeen heavy equipment
operators.
      As Table 7 indicates, there are twenty pieces of equipment used at this
site.
                               TABLE 7
                      DISPOSAL SITE EQUIPMENT
              1
              1
              1

              1
              4
track type bulldozers
    2  International Harvester TD 25
    1  Caterpillar D 7
    1  Euclid Tarex 8240
loaders
    1  track type Caterpillar 955
    1  rubber tired  Tarex 8Z4T
scrapers
    4  rubber tired  Tarex TS14
    2  pull type trailers
grader (Gallian)
dragline  (1-1/2 yd.  Link Belt)
water truck (for dust control;  with a gravity
    spray bar; 100 gallon capacity;
fly spray  truck
dump trucks
    2  Diamond trucks
    2  White trucks
        In addition to this equipment, the city is experimenting with two large
  Hyster  compactors, each equipped with two sheeps foot endler drums, each
  separately powered.  The city has found that although the compactor efficiency
  is high, the percent downtime of these machines is correspondingly high.  A
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 $1.2 million vehicle replacement program is now scheduled for the next
 fiscal year.
      The city landfill employs a combination of area fill and slope methods.
 This is due to the fact that there are deep holes already on the property and
 the topography of the terrain follows the road elevations and averages a
20:1 slope.   The slope is considered beneficial for drainage purposes and an
 earthen berm with a 4:1 slope has been constructed at the lower end of the
elope to catch surface runoff. Six inches of compacted cover material is
.applied daily at the end operation.  At the end of a week's operation,  when
approximately one half acre has been filled, two feet of final cover material
is applied.   The depth of fill  varies, but has been found to reach 70 feet.
      There has been no  significant vector problem to date, although starlings
do tend to congregate occasionally on the site.  Accidental fires are a problem,
and events of this sort occur about once  a month, usually due to illegal
dumping of volatile liq-uid or  paper being ignited by sparks.  For the most part
these have always  been easily controlled and localized with the use of chemical
.fire extinguishers, with the exception  of one occasion when the fire spread
through the entire fill area.   It was quickly extinguished.
      There are two entrances to the landfill site with a guard at each gate.
 Because of a school located across  an intersection from the landfill,  there is
some restriction on refuse truck traffic  patterns around the fill.   To date,
the landfill is serviced by 1/2 mile of interior, road of 8" asphalt,  24 feet wide.
 Temporary roads of crushed stone and gravel are also used for distances as
much as 500 feet off the asphalt road.  The truck turn-around time within
 the site is estimated at seven to eight  minutes.
      The cost of operating the landfill is estimated at $. 38 per cubic yard, or
$1. 52 per ton.   This landfill services both the City of Memphis and private
 commercial haulers.
       The private sector landfill located to the north of the city, in Shelby
 County on Sykes Rd.,  is  used by some of the city trucks which collect from
 nearby residential routes.  This landfill was started in October,  1972,  and
 works on a five-day basis, Monday through-Friday, from dawn to  dusk.   It
 accepts 42,000 cubic yards  of solid wastes per month, or 10,500  tons/month
 (equivalent to a daily loading of 477 tons).  Thus, the total loading of solid

                                    60

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waste of both city and private landfill sites amounts to 1, 666 + 477 = 2, 143
tons per day.
      The City of Memphis has a contract with the private sector organiza-
tion for the use of their landfill.  Basically, this contract leaves full opera-
tions of the site in the hands of the company but guarantees that the city will
pay for disposing of a minimum of 700, 000 cubic yards of wastes per year.
                                            
The charges to the city are on a per-load basis and are presented in  Table  8.
                             TABLE 8
       RATES FOR DISPOSAL AT  THE PRIVATE SECTOR SITE
      1,320,000 cubic yards or more during
      a twelve month period            - all at 45^1 per cubic yard
      1, 000, 000 to 1, 320, 000 cubic yards
      during a twelve month period     - all at 50^ per cubic yard
      700, 000 to 1, 000, 000 cubic yards
      during a twelve month period     - all at 55^ per cubic yard
     In addition to city collectors,  commercial haulers dispose of another
 434 tons per day.  The composition and quantities of this waste as  of June
 1972, are shown in Table 9.
                             TABLE 9
 COMPOSITION AND QUANTITIES OF COMMERCIAL  SOLID WASTE
            DISPOSED AT  THE PRIVATE SECTOR  SITE
COMMERCIAL:
Total 434 Tons /Day
Composition
Paper Products
Wood
Plastics
Garbage
Metals
Glass

(Primarily regulated private)
As Received %
75
10
4
3
5
3
100
Tons /Day
3Z5.0
43.4
17.3
13.0
21.6
13.0
433.3
       Some of the commercial wastes go to the city and private landfills
 previously described.  The remainder goes to the county-operated land-
 fill at the  County Penal Farm east of Memphis.  This landfill accepts
 about 40,000 cubic yards a month, or 10,000 tons per month.
                                 61

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       Apart from these three landfill sites, the City of Memphis has a Class
IV Waste (pathological) incinerator intended for  disposal of dead animals,
hospital wastes, laboratory test wastes from the University, and spoiled
foods, the largest single source consisting of dogs.  The incinerator has a
design capacity of one ton/hr. ,  but seems to be  utilized at 3, 000  Ib. per
day (8 hr. ) in actual operation.  It is operated on a six-day/wk. basis on a
                                            *
1Z-hour/day shift,  which involves 8 hour burning time -with the remaining
4-hour period being devoted to start-up,  shut down,  and cleaning.  The
incinerator  structure is located below ground in a 50-year-old building
(50 ft. wide by 80  ft. long) which at  one time housed a municipal refuse
incinerator.  Solid waste is fed into the incinerator through two hoppers of
one cubic yard capacity each.  A primary chamber with three burners, and a
secondary chamber with two burners are used for incineration. The remain-
ing debris is quenched-at the end of  the day's operation.  The gaseous emis-
sions are passed through a scrubber and  then released through the stack.
The unit wa.s purchased in September,  1972, for a sum of $122,000.  Opera-
ting and maintenance costs average  $15, 000/month,  and one laborer is
employed for incinerator operation.
      Apart from the four disposal facilities described above,  Memphis has
a public, recycling program called Project Voluntary Recycling that is
                                                                    *
sponsored primarily by four civic clubs:  the Junior Chamber of Commerce,
the League cf Women Voters, the Environmental Action Council,  and the
Key Club.  This program has concentrated on newspaper collection at 30
shopping centers around the Memphis area. Sixty tons of newspaper are
collected per month, and are marketed to  boxboard and roofing felt manufacturers.
In addition,  some glass and metals  are collected, although to date,  only clear
glass as glass  cullet and ferrous beer cans have been marketable.   The total
revenue from  the recycling operation is estimated at $6, 000 per year.
                                   62

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5.6;  Equipment Description
      The Division of Sanitation Services of Memphis has a large fleet of
different types  of vehicles that it uses to perform the collection activities
in the city.  Table  10 indicates that most of the vehicles are twenty yard
packers and, of these,  the greatest fraction is the International Harvester/
Heil configuration.  The two other body types are new additions to the fleet
as, previously, the Heil body was used  exclusively.   The other two major
components  of the fleet are Scouts and Bob Trucks which are principally used
for satellite vehicles and bulky item collection, respectively.  The remaining
vehicles and equipment are used for the variety of other collection tasks.as
indicated by Table  10.

                                TABLE  10                           
                COLLECTION EQUIPMENT DESCRIPTION
Vehicle
Packer*
Bob Trucks
Scout
Tidy-Bug
Leaf Machine
Vac-AH
Brush picker
Sweeper
Flusher
Automobile
Wagon
Pick-up (3/4 ton)
PB Loader
Crease truck
Tire truck
Stake truck
Tractor type
Dump type
Flat bed
Make
Int. Harv. w/ Heil
Int. Harv. w/ Leach
Int. Harv. w/ Carwoo^
Int. Harvester
Ford
Int. Harvester
Hagie
Tarrant
Wayne
Int. Harvester
Ford
Int. Harvester
Mobil
Wayne
Int. Harvester
Ford
Rambler
Ford
Chevrolet
Int. Harvester
Ford
Ford
Int. Harvester
Int. Harvester
Ford
Int. Harvester
Ford
Int. Harvester
Ford
Capital!/
Cost
<$)
8764 - li.903
11.903 - 12,067
4771
3942 - 4553
3421 - 3553
7200
4395 - 5578
Z7. 900
29,150
5020
4940
13,740 - 14.900
13.740 - 16.900
6429 ('63)
1934 ('64> , 2600 (-68)
1978 (-65)
1760 ('57)
1546 ('57)
1535 ('57) - 2530
2029 - 3000
13,927
5574
9959 ('59)
4867 - 6330
4043
3944 - 4395
5438 ('57) - 5488 ('59)
3942 ('67)
Number
Possessed
by City
205
53
6
32
33
64
1
24
1
7
1
7
8
2
4
1
1
1
13
4
4
1
1
3
2
2
4
1
Normal
Life
(years)
5
5
5
5
5
4
3
5
7
7
7
7
7
7
7
7
5
5
5
5
5
5
5
5
5
5
5
             These figures reflect the extrema of the ranges. The dates appearing in
              parenthesis are presented to explain lower values than would normally be
              expected.
                                    63

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      Table 10 indicates that there is one "Tidy-Bug" in the Memphis fleet
but there are  an additional 15 units on order.  These vehicles are designed
for satellite operations and,  because of their narrow configuration,  can be
effectively used in both alleys and on driveways.  Since Memphis does
collect in a number of difficult alley situations, these vehicles should
enhance  collection effectiveness.
      At this time, there are also a number  of transfer tractors and trailers
on order.  These will be used when the transfer station operation is initiated
later this year and, in fact, the  drivers for these vehicles are now in training.
5.6.1:   Financing  and Cost
      All new and replacement equipment is  financed from the General Fund
and requests are made  in the capital outlay section of the Budget Request,
form submitted by  the director of the division.  Currently, expenditures for
motor vehicle equipment is approximately 5  percent of the total operating
and capital expenditures of the division.   There is no formal depreciation
schedule; consequently,  sinking  funds are not established for vehicle
replacement.   The current depreciation schedule  for compactor collection vehi-
cles is indicated by Table  10, but a new one  is being introduced into the system.
It is felt that the real useful lives of chassis  and bodies are  three and six years,
respectively  so the new schedule will reflect this  policy.

5.6.2:   Vehicle Maintenance Policies
      The Division of Sanitation Services maintains essentially all of the city
motor vehicles, with the exception of the Park Commission  and Fire Department
vehicles.  Consequently, the maintenance policies for sanitation equipment
are more rigid than  found in systems having maintenance services performed
outside the sanitation organization.
       There  are a  number of policies used for preventive maintenance and
exhaustive vehicle inspections are performed twice each year.  On a daily
basis, the driver is  expected to check the gas,  oil, water, and hydraulic
                                     64

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fluid and make sure that belts are tight,  the lights are working, and the
brakes are functional.  Additionally, there are two roving mechanics who
perform spot checks according to check lists at vehicle storage sites during
different mornings of the week.  This policy ensures that the drivers are
meeting their responsibilities and,  additionally, will identify specific
problems which require more experience to identify.
      Every week,  the rollers and other moving parts of the compactor equip-
ment are greased and every three weeks, extensive  lubrication is performed,
At this time, the oil is  changed, filters are cleaned  or replaced, and the
chassis is lubricated.  More infrequent lubrication requirements, such as
wheel bearings, universal joints and the like are done according to the
schedule recommended by the manufacturer.  The semiannual vehicle inspec-
tions are far more  rigorous than the state currently requires. Each vehicle
is checked for the proper operation of all safety equipment, the allignment
and front suspension are examined, break drums and linings are inspected
and other similar activities  are performed.
      All normal preventive maintenance is done at the  six truck storage in-
stallations with major maintenance  and exhaustive inspections being performed
at the central shop.  Emergency repairs  are performed on the road by six
day crews and one night crew.  Vehicles  requiring extensive repair are towed
to the Central Shop.
5.6.3:  Vehicle Replacement Policies
      As previously mentioned, packer vehicles are now on a new replacement
schedule of three years for chassis and six years for bodies.   This policy was
chosen as a result of the Mainstem  data analysis which has been in operation
for about 15 months. Since  this program will continue to be used,  it is not
likely that the new schedule  will be  rigorously followed inasmuch as the status
of every piece of equipment  is available.   Poor equipment will be disposed
earlier than scheduled, whereas more  reliable vehicles are likely to be kept
longer.
      The decision to replace existing equipment or  purchase new vehicles is
made by the division head  under the recommendation of area supervisors and
                                    65

-------
inspection of the Mainstem data.  This form of participatory management is
particularly applicable because the  supervisory personnel are closely
acquainted with all of the equipment that is used by the division.  After the
decision is made, equipment requirements are formulated with certain
specifications on critical components.  Among these,  for example,  would
be standard transmissions,  special differentials,  spring pads and certain
performance standards.  The specifications and terms of delivery are quite
rigid.  In fact, for the  latest equipment purchase, the city was able to acquire
two-year warranties on both chassis and body from the manufacturer.  Bids
are requested and the  lowest responsible response is accepted.
      Vehicles which have been replaced were  formerly traded on the new
equipment.  This is no longer practiced because the city has found that it-
could recover more revenue by the  sale~of such vehicles at public auction.
Additionally, this new policy makes vehicle replacement a "clean deal" affair
which removes potential problems from specification writing and subsequent
negotiations.
5.7:  Financial Aspects of the Memphis Solid "Waste Management System
      The municipal solid waste collection system of Memphis currently
relies on one  source of revenue for its operations, the General Fund.  The
fund is generated by various taxes and fees that are collected by the city
government.  Specifically earmarked for solid was^e activities,  revenue
obtained from, user  charges for collection, inspection of private haulers,
and disposal services  represents a  substantial source of revenue for the
General  Fund.  The collection fee of $2.. 50 per month per household for
twice weekly backyard service plus the inspection fees charged private
haulers  (50 per stop per  month)  account for revenues equivalent to slightly
under 60 percent of the cost of operating the total solid waste management
system.   Additionally, the city charges private haulers $0.45 per cubic
yard for material brought to city disposal sites.   This money, like  the
collection and inspection fees, is for  solid waste activities and goes into the
General  Fund.
                                     66

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         The budgetary process for the Division of Sanitation Services begins
with the director and his zone and area supervisory personnel who prepare
budgets for their respective districts.  These budgets are then aggregated
and other division expenses added in.  During this period there is little formal
communication between the director and the Division  of Budget and Finance.
The  Division of Budget and Finance does  not give the  director a "target" budget
to meet.
         When the director is satisfied with his budget, he submits a draft
copy to the Division of Budget and Finance.  The Division of Budget and
Finance then reviews the draft in the light of expected revenues.   Differences
between the Division of Budget and Finance and the director are discussed and
changes,  if necessary, are made to the draft budget.
         After receiving budgets from the various divisions, the  Division of
Budget and Finance,  working with the Comptroller's office, prepares a con-
solidated budget.  The Chief Administrative Officer reviews the budget requests
with the Director of Budget and Finance and then holds administrative budget
hearings for each division.  Finally, the  budget  is presented to the Mayor for
review and approval.
         Following  the Mayor's approval, the budget recommendation is
presented to the Council for final action.  Public hearings on the budget are
held by the Council's budget committee with each division director presenting,
defending and justifying his budget request before the  Council.  In the final
decision making process,  the Council has the authority to make modifications
to the budget.
         The actual preparation of the Sanitation Division budget  is a complex
process.  The director receives input from many sources besides his zone and
area supervisors.  The director uses  Mainstem data  to compile  and analyze
equipment costs.  The director must also take into account the urban growth rate-
projections  supplied by the Planning Commission. Union-negotiated benefits
and salary increases are incorporated into the budget.  Historical trend data
is evaluated and used for general guidance in budget preparation.  Also incor-
porated in the budget are other items which affect revenues and expenses, such
                                    67

-------
as an increase in the fee charged at private landfills.  Finally,  the draft budget

is  prepared and sent to the Division of Budget and Finance.

           In 1972 there was an organizational change in the City of Memphis.  The

Sanitation Division,  originally a Bureau under Public Works, was taken from

Public Works and made a separate division.   However, disposal opere i ions

remained within the Public  Works Division.  In actuality,  there are two sepa-

rate budgets  for solid waste management  services in Memphis.   The  budget of

the Sanitation Division covers the  cost of  collection and other related services.

The Bureau of Solid Waste Disposal under the  Public Works Division  has its

own separate  budget.

5.7.1:   Sources  of Revenue

          The General Fund serves as the revenue  source for most city govern-

ment functions in Memphis including  solid waste collection and disposal.   A

wide variety of taxes and charges are used as revenue sources for the  General

Fund,  as shown in  Table 11 for FY 1972-73.

                                        TABLE  11
             GENERAL FUND REVENUE SOURCES  FOR  FY 72/73
                                     GENERAL  FUND
                      Property Tax*a-;^
                                    E*ttm*t*d
                                    Reee'pia
                 .$ 15. 183,025
              Year .   285.000
Ad Valorem Taxei
Ad Valorem Taxes-Prior
Xnkcreft Fenallve* and
 Comim.aion*	   345, 050
fctcipta in Lieu of Taxei	   132 100

 ToUt Property taxes--
 Municipal	$ 15, 945, 175


    Other Taxe.-M-imcipog Hcn
Atcohobc B

Ltcente*
er.iei (lag Fund) .

..^ 	

1)5 5, 135. 166
633.660
162.000
50. 500

                                                   Coltieum	
                                                   Rlvr iront Harbor Co
                                                    ToUl GMUti and Other
 Tout Llceo*.	$ 6,528.126
                                                   U* of Surptu*
                                                   federal Grtnu Rece
                    ZOO, 000

                    383.612


                   10.131.665
                                                      100,000
                                                      150.000
                                                      125,000
                                                       85,000
                                                       15.000
                                                                        475.000
                                                     1,823,542
                                                      336.890
                                                    Tottl General Fund	 $ 76.ftU.438
Motor Vehicle Iropect.
Building lrpectvcn
Interior tlectMC,, Inip
6***t Connection
Otb*r Inf>cito/i ...

 Total Inapcctiona .

      Judicial fu
                                ...... $ 1,100.000
                                      So 3. 025
                               ction*. .   262,02!
                                      267.900
                                      166. 125
                                      200,450
                                   .$ 2.564,525
                  City Court	t  738.400
                  City Traffic Bureau	  1,076.600
                  Juvenile- Court	    85, 750
                   ToUl Judicial Function	$ 1. 900. 750
                                            68

-------
       As shown,  the city obtains about 20. 7 percent of its General Fund
revenues from the ad valorem property taxes,  26 percent from other taxes,
chiefly the local sales tax and the beer sales tax,  12 percent from the state
via various mechanisms,  and 13 percent from  charges for current services.
The latter source includes those revenues raised by the city service fee for
solid waste collection and the landfill fee,  anticipated at $6, 323, 800  and
$652,350 respectively for 1972-73.
       In Table  12, the General Fund budgeted revenues for the previous
five years are shown.. In only the last budget year, 1972-73,  have the  revenues
raised by the landfill fee been budgeted separately; previously,  they  were
included in the city service fee.
                               TABLE 12
                     GENERAL FUND REVENUES
Year
1972-73
1971-72
1970-71
1969-70
1968-69
City Service Fee
$6,323,800
6,538,500
6,480,000
6, 100,000
6,300,000
Landfill Fee
$652,350
#
*
*
#
   *Included in the city service fee for the years preceding 1972-73.
      The revenues generated by the collection and disposal fees amounted to
$6, 976, 150 in 1972-73, or approximately 62 percent of the appropriations
budgeted for collection and disposal operations ($11,252,900).  The city's
solid waste operations  can be considered to be  operating a partially self-
sufficient system in terms of the direct  charge for service concept.
      As a major contributor to the General Fund, revenues from the property
tax have remained a fairly constant amount over the past five years, ranging
between $13.2 million to $15. 1 million,  while revenues from other  sources,
most notably the local sales tax and user charges and fees, have  increased
significantly.  Total General Fund  revemies increased from $58. 8 million
in 1968-69,  to $88.4 million in 1971-72, before budget tightening resulted in
                                     69

-------
a $76. 8 million budget for 1972-73.  The property tax rate has also remained
fairly constant over the past five years, ranging from $1. 98 per $1, 000 of
assessed valuation to  $2. 25 per $1, 000 to the 1972 rate of $2. 13 per $1, 000.
      The city does not utilize bonds or other forms of long-term financing
for its solid waste collection and disposal operations.  Nor  does it have any
subsidies or grants as additional sources  of funds other than a $200, 000 State
grant for its landfill.
      The budgeted appropriations for sanitation services for the previous
five years are shown in Table  13.
                             TABLE 13
    GENERAL FUND APPROPRIATIONS FOR SANITATION SERVICES
Fiscal Year
1972-73
1971-72
1970-71
1969-70
1968-69
Collection
$10, 395, 327
9,636,915
8, 169,385
7, 745, Oil
6,587, 845
Disposal
$857,573
*
*
#
*i
a*
^Disposal appropriations included in collection appropriations

5.7.2:   Expenditures
         The expenditures of the Division of Sanitation Administration and the
Bureau of Solid Waste Disposal are monitored by means of two types  of financial
statements.  The first financial document is the monthly Appropriation Statement.
This document shows, for each division and bureau, current month expenditures,
year-to-date expenditures and unencumbered balances for each line item.  The
document also shows what portion of the appropriation has already been expended
as well as the unexpended portion. Additionally, there is an annual accounting
                                   70

-------
statement which presents all appropriations and expenditures by major
expense categories for each division and bureau.  Table 14 is an example
of this statement for the end of fiscal year 1971-1972.
      The second document type  used to monitor city-wide financial data is
the projected trend analysis.  This document, which appears in the middle
of the fiscal year, compares the city budget with anticipated  revenues as
determined by an analysis of six months' revenue trend.  It illustrates the
extent to which revenues and expenditures are in line with the city budget.
The projected trend analysis is broken down to the bureau level. Bureau
trend projections which differ  from those presented in the budget are brought
to the attention of the Budget Office for examination to determine if all perti-
nent facts are properly considered.  This mid-year review indicates the
bureaus  which are significantly varying from their budget.  The use of pro-
jected trend analysis allows the city a "snapshot" picture of its  fiscal condi-
tion at a time period when corrective actions can still be taken.
      A summary of  sanitation expenditures for the previous four years, with
a projected total expenditures  for fiscal 1972-73 based upon expenditures to
date is shown in Table  15.  As indicated, total expenditures increased by
51 percent over the five-year period from $6. 8 million to $10. 3 million.
Personnel expenditures, which represent nearly 85 percent of the total
expenditures, have increased similarly by 43  percent.  However,  even
higher rates of increase were  recorded for both Operations and Maintenance
expenditures and Capital Outlay expenditures, i.e.,  increases  of 134 percent
and 130 percent, respectively.  This is indicative  of attempts to reduce the
labor intensiveness of the  sanitation operations with the allocation of
increased resources  to additional machinery and equipment purchases and
other capital outlays.  As noted above, all capital expenditures are financed
from current revenues; no debt is utilized for these purchases.  Included in
the capital outlays are purchase  of solid waste collection trucks.
      Since  the 1971-72 budget, the accounting for expenditures for solid
waste disposal operations has been maintained separately. Previously,  these
expenditures were included with those for the  collection operation.   As shown
                                    71

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                       TABLE  14

MONTHLY APPROPRIATION STATEMENT, FY 1972
               (End-of-Year Statement)
DIVISION pu,uc wr(KS i;,VISICN CITY OF MEMPHIS. TENN. FACE NO. .
BUREAU SANUMI.N APPROPRIATION STATEMENT t!t AT 06/30/72
EXP.
CODE

101
lea
lOu
109


151
152
153
154
159

*'


206
214
215
217
22u
222
a j
224
22?
228
229
23b
251.
2 jl
2o
307
3C6
3Q9
DC*CRH>TION
PEitSCNNEL
SALARIES
SALAKIcS - t-tLL TIME PERMANENT
*LAMHi - PA:U TJKt TEMPORARY
ALKlfcS - LVertTIrfE
CXftNSe .'.ECUVcKlES
TUTAL SALARIES
FRINGE BENEFITS '
PENSIONS
LCIAL SkCU.'UTY
riL'iHl f ALIZ4TIGN
iJXCUP LIFE
.rXl'tNSE RECLVtKIES -
TOTAL FKlriui: BENEFITS
CTAL PERSONNEL
OPERATIONS AND MAINTENANCE
SEPVICES OTHER THAN PERSCNI1
ALARM f. CLUCK REGULATION SERVICES
LAUNIJRY c UTHER SANITARY SERVICES
JTiLITY SERVICES
nAlivTcMAtiCL Stl>.VlCE UN EQUIPMENT
PCSUGh
^H'AI^S TO FaUIPC.l.NT
IFPAihS 6 MAl.)i:*ANCE TO STRUCTURE:
cLcPriuni & TL.LEI.,ftlaS & i'.AI.NT UF VnHICLE EQUIP
INfLS PLritAU ChAkucS - PERSONNEL
Iwlt(< ^U.<1;/^U CHAP.GSS - GTHtR
CIIY HALL PHI NT INS
CITY HALL SUPPLISS
EXPLNSF. HtCCVcHltS
TCTAL SERVICES CTHER THAN PERSONNE
MAT^KIAL INCLUDING FREIGHT
ASPHALT PRoOUCTS
PIPb i FITTINGS
GHAVLL
LINt CEMENT C PLASTER
LUMBER e. MOQD PRODUCTS
01HER MATERIALS
ATPHOMIIATION

7,224,030
2o5,21C
1S7.CCC
220, OCO-
7.466.240

93,350
346,395
233,450
26.870
55.CCC-
645. C65
8.131.3C5

EL
2,050
SSC
12,525
4.9CO
1C
4,4CC
2.81J
4,225
ICO
37,6tC
48,1.0
8, CIO
4.5CC
1.3CO
1.5CO
1,5CO
60,CCC-
74,520

4Q5
568
2QG
12
1.20C
50
EXPENDITURES W,O ENCUMBRANCES
CURRENT MONTH

813, Io4
3?,C4a
3C.462
17,771-
862,924

7.135
26,173
18,420
8-
4,443-
47.286
910.210



63
1.264
4.540
1
332
26
413

25.332
5.244
324
352
99
111
2U9
6,697-
31.613

6
61


171

%

11.26
12.99
15.46
6.08
11.53

7.64
7.56
7.89
.03-
8.08
7.33
11.19



6.41
1C.C9
92.66
8.00
7.55
.91
9.79

67.37
10.90
4.U4
7.81
7.62
7.40
13.93
11.16
42.42

1.34
10.33


14.28

VEAR.TO-OATE

n\\<,b,2:j$>
""285,373
19?, 531
23,u51-
7,473,108

92,609
344,718
226,714
26,714
5C,641-
640,114
8, 113.222


1,327
916
12,362
6,535
1
4,055
2.JOJ
3,93d
2
37,626
46,-. 11
1,335
3,f:&6
91)2
1,273
1,364
56,436-
68,559

490
SOS
28L
3
1,344
11
%

99.62
CC.C6
1C 1.28
94.57
,99.82

99.21
99.52
97.11
9S.42
92.07
95.23
99.78


89.10
92.48
Sb.70
134.39
8. CO
92.15
91.91
93.20
2.UO
100.07
56.49
17.30
bo. 35
75.54
71.56
9C.95
94.06
92.00

1C1.C3
86.3-',
"^V.So
21.17
111.90
21.14
ENCUMBRANCE









































UNENCUMBERED
BALANCE

27.777
165-
2,531-
11,949-
13.132

741
1.677
6,736
156
4,359-
4,951
18,083


224
74
163
1.6E5-
9
345
227
287
98
2V
'1.689
6.625
614
318
427
. 136
3.564-
,5,961

5-
80

9
144-
39
%

.38
.06-
1.28-
5.43
.18

.79
.48
2.89
.58
7.93
.77
.22


10.90
7.52
1.3C
34.39-
92.00
7.85
8.09
6.80
98. OC
.C7-
3.51
82. 7C
13.65
24.46
28.44
9.05
5.94
8.00

1.08-
13.66
.04
78.83
11.98-
78.86
                               72
                                                 Reproduced  from
                                                 best available copy.

-------
TABLE 14 (Continued)
DIVISION .,|Chl..KS L, VISION CITY OF MEMPHIS. TEMN. PAGE NO
BUREAU S..i"ll!:i: APPROPRIATION STATEMENT |J DATE 06/3o/72
CXP.
CODE
310
312
3U
31*
31o
.41 /


4Q2
4j3
404
405
407
4U
4;-)
4ii
412
41*
414
41J
411
413
41*
42.,
421
422
423
424
42i>
42u
420
431
435


SOii
510
511
599

**


J
KKIWTIOM
fAINTS OILS C GLASS
SANC
Si-All HARDWARE
STuKt LIMESTONE 6 LUST
.ST.XUCTUKAL ANO'TCCL STEEL  IRON
Ft/kC^G
TCIAL MATERIAL INCLUDING FREIGHT
SUPPLIES
APMUriiriuN i EXPLOSIVES
liEQ'JIKG LI..CNS i. HUUSEHULC SUPP
CLL.ViIf.iJ C S/NJ MMV SUPPLIES
CliJTrlJVG
OKAFTIM; & PHOTOGRAPHIC SUPPLIES
DRUGS t. HCCIC1NES
KC.OO SUI'PLIHS
f,*S C CXYtiCN
U/.UZF 1. ^A^CAbbS
IA.\U Tl.CLS C KINuR tCUIPMENT
tLil Fl^L- GAktLN ETC
(OiP LAB  UIHtR SCIENflFIC SUPP
MAliAZlNti PAI'PHLfcTS C BOOKS
MfLHifJlCS fcKGlf.hf.KS & ELECT SUPP
VCHICLE GASulIfiF
Vs.KH.Lf: UlL  LUHKICANTS
^UlICLt UIHtR SUPHLUS
VtHICLt TISUS C TUdkS
UFUCK SUPPLICS
FU^LS Lllli.R THAN GASOLINE
PAlntlitG SUPPLIES
WATTM C ICE
tCUIHMLMT REPAIR PA3TS
Fl'-tt FIGHTING SUPPLIES
ECUCATIuMAL SUPPLIES
1L.TAL SUPPLIES
FIXED CHARGES AND CONTRIBU
LOXP SUM APPRUPP.IATIUNS
RENTALS
JPC-KAT1NG LICENSE
tXfLNSE KiCCVERJCS
TOTAL FIXED CHARGES AND CQNTR1BUTK
TOTAL OCERATICMS AND MAINTEMN'CE
CAPITAL OUTLAY
PROPERTIES

jvmomiATioH
2CO

cc

550
200
4,165

3
550
3,400
15,575
ICO
124
3CO
64
66
18,161
1,363
54
625
1,250
135, 2EC
20,140
47.7CC
54, CCO
410
1.1CO
75
2,CO
11,500
62
250
314,625
10
24C.CCC
600
415

241, CIS
634,525



EXPENDITURES W/O CNCUMBRANCES
CURRCNT MONTH
18

70

67

394


62
352
242
'


6
4
2(8S3
48

2
131
15,045
2,339
7,150
6,740
27
33


2,942


37,975

19,175
620
5

19,799
89,781



%
8.S2

11.73

12.27

9.47


11.18
1C. 36
1.S5



8.49
5. So
15.71
3.52

.30
10.47
11.12
11.58
14.09
12.48
6.52
3.04


25.59


12.C6

7.99
1C3.33
1.C8

8.21
14.15



YEAR-TO-OATE
128

571

610
10
3,954

3
47S
2,027
 15,179
35
12

14
S3
18,250
377
' J3
340
1,23<>
129,14;
16,63U
49,251
49,331
3U6
2S
29
1,160
11,097
70

298,152

218,252
1,160
217
3-
219,625
590,291



%
63. SB

95.14

110.92
5.15
94.94

9S.33
87. C9
33.13
97.46
3S.C5
9.87

21.58
L5. 16
IOC. 49
27.68
61.02
54.41
99.15
55.16
V2.41
103.25
91.35
74.54
2J.5?
36. 55
44. 62
96.49
85.38

94.70

90.94
193.33
52.17

91.13
93.03



eNCUMSKANCK












































UNENCUMBtftfO
BALANCE
72

.?;

60-
190
211


71
573
396
65
112
3CO
51
10
89-
986
21
2115
11
6,135
1,532
1,551-
4.669
104
841
46
1,440.
4C3
12
250
16,673

21,748
560-
199
3
21,390
44,234



%
36.02

4.86

10.92-
94.66
5.06

.67
12.91
16.87
2.54
64.95
90.13
1CC.CC
78.42
14.94
.49-
72.32
38. IS
45. SS
.85
4.54
7.59
3.25-
8.65
25.46
16.43
61.05
55.36
3.51
14.12
ICC. 00
5.30

9.06
93.33-
47.83

8.87
6.97



            73

-------
TABLE 14 (Continued)
O.V.S.ON WJUe WCKM DIV,S1CN CITYOFMEMPH.S.TENN. 27 PAGE NO. ,
BUREAU stMmiu.i APPROPRIATION STATEMENT ic DATE 06/30/72
EXP.
CODE
6U4
6'J6
607
OlJ
617
61 <.
622


713
717

**'







OCtOnPTION
llXMUr ICA1ILN5 ruUIPMiiNT
FO.<.NirU!ic i, FUKUlihlNGS
HfATING CruLING  ELECTRICAL fcUUIP
PKJDUCIION t CONSTRUCTION ECUIPMEN1
I.(/ll.SPOftTi:.  CtNVLYIKG ECUJPHENT
UFFlUt HACHINLS t CLV1CES
CLtANINi! EQUIPMENT
TOTAL PROPERTIES
KEPLACtzKbNrS
KLPL O PHULUCTIUN r. CONST EQUIP
KfcPL OF TKANS f. CONVEYING EUUIP
TOTAL REPLACEMENTS _
TOTAL LAPlfAL UUTLAY
GRAND TUTAL
PRCPCR1IONATE COMPARISON





PmOfRIATtOM
12.2SC
6,6i?U
2,925
17.5C5
253.759
l.'Vib
7. SCO
. 302,285

28.426
104, C41
132,467
434,752
9,200,582

. ...





CURRENT MONTH

3,176



54,8

3,725


7C.1C9
70,109
73.834
1,073.825






%

46.57



38.45

1.23


6T.39
52.93
16.98
11.67
.33





VEAH-TOOATC
12.269
i,400
1.B07
16,186
253,759
1.3SO

29C.OU1

27,925
loA.c-^O
131,965
422,766
9,126,279






%
9^.99
79.18
6C.53
92.47
IOC. 00
95.38

96.20

98.24
1X0. GO
99.62
97.24
99.19
100.00
.
t



CNCUMBKANCC
















t t



UNENCUMBERCO
BALANCE
1
1,420
1,178
1.319

66
7,500
11,484

SOI
1
SC2
11,986
74,303



1
1
\
s
.01
20. 62
39*.47
7.53

4.62
100.00
3.80

1.76

438
2.76
.61

\




           74

-------
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Capital Outlay'
, 4
a
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H
o
^
o
^
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r-

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D TOTAL
z

O5
O
                                                                75
                                                                                              co
                                                                                             Tt
                                                                                              rj
                                                                                              co
                                                                                              O
 o
T3
 3
i 4
 O
 fi
 a
 v
'O
                                                                                             ro
                                                                                             r-
 tD
 3
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4->
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J3


 
(-i
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 1)
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 fn
 a.

-------
in Table 16, disposal operations do not require the same level of labor
intensiveness as the collection operations.   The reliance on capital expendi-
tures was further augmented when an additional landfill site was acquired,
requiring new vehicles to operate on the new site, combined with the additional
costs involved of "capping off" the old disposal sites.  This development is
reflected in the 156-percent increase in operations and maintenance expendi-
tures from 1971-72 to 1972-73, and the  113-percent increase  in capital outlay-
expenditures in the same period.  Personnel expenditures also increased by
23 percent,  reflecting the additional manpower requirements to operate the
new landfill site.
                               TABLE 16
                 BUREAU OF SOLID WASTE DISPOSAL
                  EXPENSES AND APPROPRIATIONS

Total Personnel (including fringe benefits)
Operations and Maintenance
Services Other Than Personnel
Materials Including Freight
Total Supplies
Total Fixed Charges and Contributions
Total Capital Outlay
Total Budget or Appropriation
Expense
1971-72
364,931
57,902
738
30,262
1,598
107,994
563,425
Appropriation
1972-73
447,227
87,579
17,286
65,275
61,267
229,757
908,391
Appropriations
Request
1973-74
469,378
64,314
29, 7,50
116,337
36,648
318,860
1,035,287
                                      76

-------
APPENDIXES
     77

-------
       APPENDIX A




TENNESSEE DISPOSAL ACT
               78

-------
       REGULATIONS GOVERNING
SOLID WASTE PROCESSING AND DISPOSAL
             IN TENNESSEE
         TENNESSEE DEPARTMENT OF PUBLIC HEALTH
                   1971
                   79

-------
                                    SOLID  WASTE  DISPOSAL  ACT
                    Tennessee Code  Annotated  - Sections 53-4301 -  53-4315
    SECTION  53-4301.  This Act shall be. known and
may be cited as the "Tennessee Solid  Waste Dis-
posal Act".

    SECTION 53-430Z.   In order  to protect the
public health,  safety  and welfare, prevent the
spread of disease  and creation of  nuisances, con-
serve our natural  resources,  enhance  the beauty
and quality of our environment and provide a
coordinated  state-wide  solid  waste disposal pro-
gram,  it is declared to be the public policy of
the State of  Tennessee to regulate solid waste
disposal to:

    (1)  Provide for safe  and  sanitary processing
        and  disposal of solid  wastes.
    (2)  Develop long-range  plans for  adequate
        solid  waste disposal  systems  to meet
        future demands.
    (3)  Provide a  coordinated state-wide program
        of control of solid waste processing and
        disposal  in cooperation with  federal,
        state,  and local agencies  responsible for
        the  prevention,  control,  or abatement of
        air,  water,  and land  pollution.
    (4)  Encourage  efficient and economical solid
        waste disposal  systems.

    SECTION  53-4303.  The terms used  in this Act
are defined  as follows:

    "Solid  Waste".   Garbage,  refuse, and other
discarded solid materials, including  solid-waste
materials resulting from industrial,  commercial,
and agricultural  operations,  and from community
activities,  but does not include solids or dis-
solved  material  in domestic  sewage  or other
significant pollutants  in water  resources, such
as silt, dissolved or suspended solids  in  indus-
trial waste water effluents,  dissolved materials
in irrigation return flows or other common water
pollutants.
    "Person".   Any and all  persons,  natural or
artificial,  including any individual,  firm or
association, and municipal or private  corporation
organized or existing under the  laws of this
State or arty  other state,  and any governmental
agency or county of this  State.
    "Solid Waste Disposed System".  The  relation-
ship  of the coordinated activities  of and  re-
sources for processing and disposal  of solid
wastes within a common  geographical area and under
the- supervision ot any  person or persons engaging
in such  activities.
    "Solid  Waste  Processing".  An operation  for
the purpose of modifying the characteristics or
properties of solid waste to facilitate trans-
portation  or  disposal of solid wastes  including,
but not limited  to,  incineration,  composting,
separation,  grinding,  shredding, and  volume
reduction.
     "Solid Waste  Disposal".  The process of
placing,  confining,  compacting, or  covering solid
waste except  when such solid waste is  for reuse,
removal,  reclamation, or salvage.
    "Department".  The Tennessee Department of
Public Health.
     "Commissioner".  The Commissioner of the
Tennessee Department of Public  Health or his
authorized representative.
    "Health Officer".  The director of a city,
county,  or district health  department having
jurisdiction over the  community  health  in a
specific area,  or his authorized representative.

    SECTION &3-4304.  It shall be unlawful to:

    (1) Place or deposit any solid waste into
        the waters  of the Sta'v except in a man-
        ner approved by the  Department and the
        Tervussee Stream Pollution Control Board.
    (2) Burn  solid  wastes except in a  manner and
        under conditions prescribed by the De-
        partment  and the Tennessee Air Pollution
        Control Board.
    (3) Construct,  alter,  or  operate a solid
        waste processing or disposal facility or
        site in violation of  the  rules,  regula-
        tions,  or orders of the Commissioner or
        in such a manner as  to create a public
        nuisance.

    SECTION 53-4305.  The Department shall  exer-
cise general supervision over  the construction
of solid waste processing  facilities and dis-
posal facilities  or sites throughout  the State.
Such general  supervision  shall  apply to all
features of construction of solid waste proces-
sing facilities and disposal  facilities or  sites
which do or  may  affect the  public health and
safety or the quality  of the environment, and
which do or may affect the  proper processing or
disposal of solid  wastes.  No  new  construction
shall be  initiated nor shall  any  change be  made
in any solid waste  processing  facility  or dis-
posal facility or siU  until  the  plans for  such
new construction or change have  been  submitted
to and approved by  the Department.   Records of
construction or  plans  for  existing  facilities
or site.5 shall be made available  to the Depart-

-------
merit upon request  of  the Commissioner. In grant-
ing approval of such plans, the Department  may
specify  such modifications,  conditions,  and
regulations  as  may  be-  required to fulfill  the
purposes of this Act.   The  Commissioner  is
empowered to  adopt and enforce rules and regula-
tions for the construction of new facilities  and
sites and the alteration of existing  facilities
and sites to be effective on and after  July 1,
1970,  The Commissioner is authorized to investi-
gate solid waste processing facilities and dis-
posal facilities or sites throughout  the  State
as often  as he deems necessary.

    SECTION  53-4306.   No solid waste  processing
facility or  disposal facility  or site in  any
political subdivision of the State  of Tennessee
shall be operated or maintained by any person
unless he has registered with the  Commissioner
in the name  of  such person for the specified
facility or site.  The Commissioner  is  author-
ized to specify procedures for  registration by
means of rules  and regulations duly promulgated
under the authority  of  this Act.

    SECTION 53-4307,   T*.e Department shall  exer-
cise general  supervision over the  operation  and
maintenance of solid waste processing facilities
and disposal  facilities  or sites.   Such  general
supervision shall apply to all  the features of
operation and maintenance which  do or may affect
the public health and safety or the  quality of
the environment and which do or may  affect  the
proper processing and disposal of  solid  wastes.
The Commissioner  is empowered to adopt  and  en-
force rules and  regulations governing the opera-
tion and  maintenance  of  such facilities, opera-
tions, and sites  to  be  effective on  and  after
July 1,  1971.  Provided further,  municipalities,
cities,  towns,  and  local Boards of Health  may
adopt and enforce such  rules,  ordinances,  and
regulations  equal to or  exceeding  those  adopted
by the Commissioner, and  consistent with  the
purposes  of this Act. For exercising such gener-
al supervision,  the Commissioner  is  authorized
to investigate  such  facilities,  operations,  and
sites as  often as  he deems necessary.

    SECTION 53-4308.  The Commissioner is author-
ized to delegate the  duties and responsibilities
granted to him by  this Act to local Health  Offi-
cers to the  extent deemed necessary by the Com-
missioner to implement  the provisions  of this
Act.

    SECTION 53-4309.   The Department  is  author-
ized to  review  and approve grants  and loans from
the  federal government and other sources  to
counties, cities,  towns, municipalities, or  any
combination  thereof  to assist them in designing,
acquiring,  constructing,  altering,  or operating
solid waste processing facilities  and  dispt:,,^
facilities or sites.   The Department is author-
ized further to accept and consider  only  t!   c
applications for grants  from counties,  cities,
towns, and municipalities who have  officially
adopted a plan  for a solid waste disposal sy:;:en
or who  are  included  in  an officially  adopted
plan  for a  solid waste  disposal system  wi:\cl.
covers t*c or more such jurisdictions.   Th  De-
partment is authorized to approve or d'^appr :%e
such plans  in  accordance with the purposes of
this Act.

    SECTION  53-4310. This Act shall not prohihi,-
any person from disposing of his own solid W^S^.P
upon his own lands  provided  sacr,  -\sposa! does
not create a public nuisance  or a Hazard to thf
public health.

    SECTION 53-4311.   There is  hereby created a
consultant committee  to be known  as the  Svlid
Waste Disposal Advisory Committee.   The purpose
of this committee is to advise  the  Commissioner
in his  establishing,  modifying,  or amending
rules and regulations  as provided for in Sect ion
5, 6,  7,  and 9  of  this Act.  Tentative rules and
regulations proposed  by  the Commissioner  shall
be reviewed  and acted  upon by resolution adopted
by the Committee with the votes  recorded.   The
Committee may call a public hearing on  any such
tentative rules and regulations and may prescribe
the method of conducting such a hearing includ-
ing notice thereof.  Four of the members of this
Committee shall be appointed  by the Governor as
follows; one  shall  be  engaged 'in  municipal
government;  one shall  be a county judge or chief
executive  officer of a  Tennessee county",  one
shall be employed by a  private manufacturing
concern;  and one shall  be engaged  in  a  field
which is directly  related to agriculture,  Tnese
four appointed  members' terms of office shall be
four years and until their successors are select-
ed and qualified,  except the terms of thosr> first
appointed shall expire ss  follows:   ore at  the
end of one year after date of appointrent;  one
at the end of  two years after date of  appoint-
ment;  one at the end of  three years  after (late
of appointment;  and one at the end of four  years
after the date  of appointment,  as designated bv
the Governor at the tine of appointment.   T'  a
vacancy occurs, the Governor  may appoint a Lpa-
ke r for  the remaining portion of the un^xpircd
term created by the vacancy.   The  Go\ernor  ir.pj1
remove any appointed  member  for cause    Throe
members  of  the  Committee shall be ex officio and
appointed as  follows:  one shall be  appointed by
the Air Pollution Control  Board  of  the  State o"
Tennessee  from its administrative staff;  one
shall  be appointed by  the Tennessop St. rt .i-n }\jj-
                                                 81

-------
lution Control  Board from its administrative
staff; and one  shall  be  the Director  of the
Tennessee  State Planning Commission or his desig-
nated representative.  The terms of office and
the filling of vacancies.of ex officio members
shall be  the responsibility  of the appointing
authority.  The Committee  shall  hold  at least
one regular meeting each calendar yeaf at a
place  and  time to be  fixed by  the  Committee. The
Committee shall also  meet at the request of
three members of  the Committee. Five members
constitute a quorum and a quorum may act  for the
Committee in all natters.   The Director of the
Division of Environmental Sanitation of the Ten-
nessee Department of  Public Health or his desig-
nated representatives shall be  Technical Secre-
tary of the Committee.   The Technical  Secretary
shall have no vote at Committee meetings.  Mem-
bers appointed by  the Governor  shall receive no
compensation for  their services, and  the ex
officio members  shall receive no additional com-
pensation for their  services.   All members of
the Solid Waste  Disposal Advisory Committee and
its Technical Secretary shall  be compensated for
reasonable and necessary expense while  in attend-
ance at official  meetings of the Committee in
accordance  with lav;  and regulations governing
travel of  State  enployees.

    SECTION 53-4312.   When the Commissioner
finds upon investigation that any provisions of
this Act  are  not  being carried  out,  and that
effective  measures are not  being taken  to comply
with provisions of  tuts Act,  he may  issue an
order for correction  to the responsible  person,
and this order shall  be  complied with within  the
time limit  specified in the  order.  Such order
shall be  made by  personal service or shall be
sent by registered mail.  Investigations  made in
accordance with  this  section  may  be made on the
initiative of  the  Commissioner.

    SECTION 53-4313.  Any person against  whom an
order is  issued may  secure a review of  the ne-
cessity for or reasonableness of an order of  the
Commissioner by tiling  with  the  Commissioner a
sworn  petition, setting forth the grounds and
reasons  for his  obj3ctions and asking for a
hearing in the matter involved. The Commissioner
shall thereupon fix the time  and  place for such
hearing and shall  notify the petitioner thereof.
At such  hearing before the Commissioner, the
petitioner  and  any  other  interested party may
appear in person,  and by council present witnes-
ses,  and submit evidence.   Following such hear-
ing,  the final order of determination  of the
Commissioner shall be  conclusive,  provided that
such final order  of determination may be reviewed
upon petition for common law writ of certiorari
therefor,  filed within thirty (30) days after
such  final  written  order  of determination has
been  issued.

    The  Chancery Court of  Davidson County shall
have  exclusive original  jurisdiction  of all
review proceedings instituted under the authority
and provisions of this  Act.  Appeals from orders
and decrees of  said Chancery Court and proceed-
ings  brought under the provisions  of  this Act
shall lie to the Supreme Court, despite the fact
that  controverted questions of fact  may  be
involved therein.

    SECTION 53-4314.   Any  person violating any
of the provisions of this  Act,  or failing, neg-
lecting" or  refusing to comply with any order  of
the Commissioner lawfully issued  shall be guilty
of a  misdemeanor and upon conviction, shall  be
liable  to a fine of not less  than  ten dollars
($10.00)  nor more than  one  hundred dollars
($100.00) for each violation, within the  discre-
tion  of the court, and each day of continued
violation shall constitute  a separate offense.

    SECTION  53-4315.  In addition to the penal-
ties  herein  provided the Commissioner may cause
the enforcement of any orders,  rules or regula-
tions issued  by him to carry out  the provisions
of this  Act  by  instituting legal proceedings  to
enjoin  the violation  of the provisions of this
Act,  and the orders,  rules  or regulations  of the
Commissioner  in any court of competent jurisdic-
tion,  and such court may  grant  a temporary  or
permanent  injunction  restraining the violation
thereof.  The District Attorney General  in whose
jurisdiction a violation  of this Act occurs  or
the Attorney General of the  State  shall  institute
and prosecute such suits when necessity  therefor
has been shown  by those herein clothed with the
power of investigation.

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                                     REGULATIONS

             GOVERNING THE PLANNING,  CONSTRUCTION.  OPERATION.  AND  MAINTENANCE
                OF  SOLID HASTE PROCESSING AND DISPOSAL  SYSTEMS IN TENNESSEE
    J,  Eugene  H. Fowinkle,  Conratssioner of  the Department of Public Health of the State  of Tennessee ,
by virtue  of  the authority vested in  me under Chapter 295 of the Public Acts of 1969 hereby promul-
gate the  following regulations relating  to  the planning, construction, operation,  and ma  .-.fcnunc? of
solid waste processing  and disposal systems for the purpose of protecting the public  hea   h, safety,
and welfare;   preventing the spread of disease and creation of nuisances; concerving  our  natural re-
sources;   enhancing the beauty and quality of our environment;  and providing a coordinated statewide
solid waste disposal program.

    Now,  therefore, the following regulations are hereby adopted,  the public welfare requiring  it.
REGULATION 1.   Definitions:

A. Bulky Waste - Large items of refuse such as
   but not  limited to appliances,  furniture,
   auto or large  auto parts, trees and branches,
   and stumps.
B. Composting - The controlled biological  decom-
   position of solid organic waste material under
   aerobic conditions,  which shall produce an
   end product free of pathogenic organisms.
C. Commissioner - The Commissioner of the Ten-
   nessee  Department of Public  health or his
   authorized representative.
D. Department - The Tennessee Department of
   Public Health.
E. Garbage -  All kitchen and table waste, and
   every  accumulation of animal  or  vegetable
   waste that  attends or results  from the pre-
   paration,  dealing on or handling of food
   stuffs.
F. Hazardous Haste - Includes, but is  not  neces-
   sarily limited to,  explosives, pathological
   wastes, radioactive  materials, and certain
   chemicals  which shall be determined  by the
   Department.
G. Health Officer - The director of a city,
   county, or district health department  having
   jurisdiction over the community health in  a
   specific area,  or  his authorized representa-
   tive.
K. Incinerator - A solid waste burning  device
   which provides acceptable controlled combus-
   tion  resulting  in a  nuisance  free residue
   composed of- little or no combustible or  organ-
   ic material.
I. Industrial  Haste -  All  solid  wastes which
   result from industrial processes and manufac-
   turing operations.
J. Open Burning - The burning of any matter under
   such conditions  that  the products  of combus-
   tion are emitted  directly into  the open
   atmosphere.
K. Open Dumping - The depositing of solid  wastes
   into a  body or  stream of water or onto the
   surface of  the ground without  compacting the
   wastes and covering  with suitable material
   to a depth and at such time intervals  as  pre-
   scribed in these regulations.
L. Person  -  Any and all  persons,  natural or
   artificial, including any individual,  firm or
   association,  and municipal or private corpora-
   tion organized  or  existing under  the  laws of
   this State or any other state,  and  any  govern-
   mental agency or county of this State.
M. Refuse - Putrescible and nonputrescible solid
   wastes except body wastes, including,  but not
   limited to.   garbage,  animal carcasses,   rub-
   bish, incinerator  residue,  street cleanings,
   and industrial  waste.
N. Rubbish -  Nonputrescible solid wastes,   con-
   sisting of both combustible and noncombustible
   wastes,  such  as, but  not  necessarily  limited
   to,  paper, cardboard,  tin cans,  yard clip-
   pings, wood,  class, bedding,  crockery, plas-
   tics, rubber by products,  or litter of  any
   kind.
0. Solid Haste - Garbage, refuse,  and other  dis-
   carded solid  materials,  including  solid-waste
   materials resulting from industrial,   commer-
   cial, and agricultural operations, and  from
   community activities,  but does not include
   solids or dissolved material in domestic  sew-
   age or other  significant  pollutants in water
   resources, such as silt,  dissolved or  sus-
   pended solids in industrial waste water afflu-
   ents, dissolved materials in irrigation return
   flows or other cor.mon water pollutants.
P. Solid waste  Disposal  System - The relation-
   ship  of the  coordinated  activities of  and
   resources  for processing and disposal of
   solid wastes within a common geographical
   area and under  the supervision of any person
   or persons engaging in such activities.
Q. Solid Haste Processing - An operation  for the
   purpose of modifying the characteristics or
   properties  of solid wastes  to  facilitate
   transportation or disposal  of solid wastes
   including, but not necessarily  limited  to,
   incineration, composting,  separation, grind-
   ing,  shredding, and volume reduction.
                                               83

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 R.  Solid Waste Disposal - The process of placing.
    confining, compacting, or coverinc: solid  waste
    except  when such solid waste is for reuse,
    removal, reclamation, or salvage.
 S.  Transfer Station - An approved place for con-
    solidation or t'_rporary storage of solid  waste
    prior to transportation to a processing  oper-
    ation or the final disposal site.

 REGULATION 2.  Registration of Disposal or
               Processing Operation:

 A,  Registration required - No person,  except  as
    herein specified, shall op?rute or maintain a
    solid  waste processing facility  or  disposal
    facility or site within the State of Tennessee
    without  making application for and  receiving
    acknowledgement from the  Commissioner.  The
    specific exception shall be for a persoa dis-
    posing of his  own  solid waste upon  his own
    land provided  such disposal does not create a
    nuisance or a  hazard to the public health.
 B.  Application for Registration - Application for
    registration to operate or maintain a  solid
    waste processing facility  or disposal site  or
    facility or site shall be made in writing  to
    the Commissioner  at least sixty (60)  days,
    but no more than one-hundred eighty  (180)
    days,  prior to the starting of operation.
    After  180  days the application shal 1 be resub-
    mitted if  operation has  not begun  by that
    time.   Such application shall be  on  forms
    furnished  by the Department,  v/ritten acknow-
    ledgement of registration shall  be received
    before operation is  started.  Application for
    registration  to operate  or maintain a  solid
    waste  processing facility or a disposal facil-
    ity or site existing on or before January  1,
    1971,  shall be in writing  to the Commissioner
    prior  to July  1.  1971.

 C.  Change  of Ownership  -  In  the event  of  an
    intended change of ownership of a solid waste
    processing facility  or  a  solid waste disposal
    facility or site, a written  application for
    registration shall  be made to the  Commissioner
    by the proposed new  owner  at  least sixty (GO)
    days prior to  the proposed  change  of owner-
    ship.

( REGULATION 3.  Application  for Federal,   State,  or
               Other Grants and Loans:

    All applications r.ade by Tennessee  counties,
 cities, towns, municipal it IPS, or any combination
 thereof for federal,  state,  or other grants r.nd
 loans for assistance  in desi fining, acquiring,
 constructing,  altrring,  or operating solid waste
 processing  facilities and  disposal facilities  or
 sites shall bo subnitted  to  the  Department for
 review prior  to their submission to the granting
 agency.
   Only those apnlicatio^s  shall be accented unrl
considered which  are submitted I mm counties.
towns, and municipalities v.no ncue  oificially
adopted a plan Tor a solid  waste disposal system
or who are  included  in  an officially  adopted
plan  for  a  solid waste  disposal systen which
cover? two or more such jurisdictions.  The De-
partment shall approve or disapprove such plans
in accordance witn these  regulations.

REGULATION 4.   Solid tfacte  Disposal Eystrti
               Feasibility  Study:

   Whenever any new coastructio^cf a  solid waste
disposal  system  is  contemplated,  a solid waste
disposal stucij shall, be  r.^de  and a report of the
study submitted by  tr-; applicant  to  ths Depart-
ment.  Those  iters v,l.ich  shall be  included in
the study are as follows:

   A. Background inforn.ition on the service area.
      This shall include but  Tiay not  necessarily
      be  limited  to facts  about  the climate of
      the area;  the C2neral  topography of the
      area; the political  entities;  the trans-
      portation system;  the  major contributors
      to  the  area economy;  population density,
      trends,  and projections.
   B. A statement of the existing  disposal prac-
      tice in the service  area,   including type
      of  waste,  quantity  of  waste,  methods of
      processing and disposal presently used,
      labor and ecjuip^nt  employed,  administra-
      tion of program, and envircnriatal effects
      of  present system.
   C. Anticipated  future  conditions having  a
      direct  b:armi  on  the disposal  or. proces-
      sing of solid H&ste,
   D. Proposed nethoc or methsds to bi u$ed in
      processing and -iisposs.! of  solid >*&ste  in-
      cluding anticipated  types and  quantity of
      waste,  process:ng method  to be  used and
      justification Q'. alternative salected dis-
      posal method  to be used and justification
      of  alternative selected,  general design
      criteria,  ulti-ate  uoe of  land disposal
      site, equipment to be used,   and  aaminis-
       tion of the progrE.ii.
   E. Fiscal  program for plan implantation  in-
      cluding initial capital require^,  capital
      budget,  and bond or lean amortization  if
      applicable.
   P. tops, exhibits, and studies to r,Kow graph-
      ically  the nature of t^t propo.4 Pfftject.
      Prorcs-'fl site Icwaticns, ircli;d:.nj $#>!oi-
       iral character vst-iCo o: the .gitfts reflect-
      in-J tin? iy?e soil,  depVh to rock,  and
      depth  to waiter table, ^ /naster plan show-
       ing location  c,f soil pgTiV^S,  if required,
      land use and  zOoin^  ^jtfuri  a one  (1) mile
      radius of the propo.,.d -site;  population
      projections; supporting  data; and other
      pertinent infoi.-ution shall be presented.
                                                  ft 4
                 n
{Reproduced from
jest available copy.

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Proposed site  locations shall be approved by the
Department prior to the initiation of detailed
planning and desipn  activities.  The date  re-
quired by the  above i tons  will  be  reviewed,  and
if surficu-nt  to indicate the  scope and  intent.
of the- project,  the Department wiM outline gen-
eral requirements for final approval of the plan.

KEG11UION 5.  Solid Waste Disposal System
              Design and Construction:

A. General

      No new construction shall bo initialed nor
   shall any major change be maJe  in any  solid
   waste processing facility or disposal  facil-
   ity or site until the plans for such  new con-
   struction or change  have been submitted to
   and approved by the Department.   At  least
   three (3) sets  of plans  and specifications
   shall be submitted not  less than four  (4)
   weeks prior to the date upon which action by
   the Department is desired.   In  the event it
   is necessary  or desirable to make any signifi-
   cant change in the approved plans and specifi-
   cations, revised  plans and specifications.
   accompanied by a statement of the reasons for
   the changes shall be submitted to the Depart-
   ment for review and no part of  the affected
   work shall  be commenced until  the  Department
   has given its written approval.
      All work on new construction or changes of
   existing disposal systems shall be done in
   conformity with approved plans and specifica-
   tions.  The  Department may require reports
   and make investigations during  and  following
   the completion of  any construction to  deter-
   mine conformity of the work with the  approved
   plans.
      All  plans and specifications shall  be
   accompanied by a letter from the local  agency
   having jurisdiction over zoning or from the
   Tennessee State Planning  Commission  if no
   local agency  exists stating that the  proposed
   site or facility meets zoning  requirements,
   if such  exist, and is consistent with compre-
   hensive  community planning if such a  plan has
   been developed.

B. Processing Facility

   1.  Incinerators

         All incinerators shall  comply with the
      Tennessee Air Pollution Control Regulations
      which implement provisions of the  "Tennes-
      see Air  Pollution  Control  Act"  (Tennessee
      Code Annotated Section 53-3408 et  seq.) or
      with  local regulations  in Davidson,  Hamil-
      ton,  Knox, and Shelby Counties.
      The following portion of this section
   applies to all incinerators  having a rated
   capacity of  1,000 Ibs/hr.  and  greater
   Hans  and specif lent ions  shall  l>e prepared
   by an engineer  licensed to practice in
   Tennessee and shall contain  the following

   a.  A master plan for the  area Ijinu within
      a one  mile, radius of  the site.   This
      plan shall be drawn  at a scale of not
      less than  l in.  r400  ft.   It shall in-
      dicate existing roads,  bridges, streams,
      rail  facilities, water  impoundments,
      land  use,  zoning, topography -  20 ft.
      contour interval, water and  waste vater
      treatment facilities,  water  supply
      sources,  and  other utilities adjacent
      to  or  located on the  site.   It  shall
      show the proposed site,  location of  pro-
      posed site, location  of proposed access
      roads, and major drainage routing.
   b.  Construction  plans and specifications
      in  sufficient detail  to indicate the
      actual construction required.
   c.  Plans, as  required herein, for disposal
      of  incinerator residue.
   d.  Such other drawir-gs and  details as may
      be  required by  the department.  Incin-
      erator design and construction shall be
      such as to  produce a facility which  will
      preserve  the  prescribed  quality of the
      environment and provide  for the main-
      tenance of good  health  and safety of
      the operators.

2.  Composting Plan  ;

      Plans and  specifications shall be pre-
   pared  by an  engineer licensed  to practice
   in Tennessee  and shall contain  the follow-
   ing:

   a.  A master plan for the  area lying within
      a one  mile radius of the site.   This
      plan  shall be drawn  at a scale of not
      less than  1 in.-400 ft.  It  shall  indi-
      cate existing roads,   bridges, streams,
      rail  facilities, water  impoundments.
      land  use,  zoning, topography - 20 ft.
      contour interval, water and  waste \\ater
     .treatment facilities,  water  supply
      sources,  and other utilities adjacent
      to  or  located on  the  site.   It  shall
      show the  proposed site, location of
      proposed access roads,  and mujor drain-
      age routing.
   b.  Construction plans and  specifications
      in  sufficient detail  to indicate the
      actual  construction  required
   c.  Plans for  use ol tin- congested  material.

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   (!.  rt.icn  other mw ir-."-.  ai"  iffait'. ns f>r.j
      be  H:qu!r.''d b>  UK. I;rpdrtmi>nt.

      Compost plant dft-.i'.r and  construction
   shall  he  sue!, as  to produce a facility
   which  will preserve" the pre'.criot'd quality
   of the env,; onmont and  provide  for t.hr
   maintenance of good health and  sat-ttv of
   the operators.

3.  Transfer Stations

      Plans and specifications should be pre-
   pared  by an engineer licensed to practice
   in Tennessee and shall  contain the follow-
   ing:

   a.  A master plan for the area lying within
      a one  mile radius of the site..  This
      plan shall  be drawn at  a  scale of not
      less than 1 in.:400  ft.  It .shall  indi-
      cate existing roads, bridges, streams,
      rail  facilities, water impoundments,
      land use,  zoning, topography - 20 ft.
      contour interval, water and waste  water
      treatment  facilities,  water  supply
      sources,  and other utilities adjacent to
      or located  on the site.    It shall show
      the  proposed access roads  and major
      drainage routing.
   b. Construction plans  and  specifications
      in sufficient  detail to  indicate the
      actual construction  required.
   c. Such other  drawings and details as may
      be required by the  Department.

      Transfer station design and construction
   shall  be such as  to  produce a facility
   which will preserve the prescribed quality
   of the  environment and provide  for the
   maintenance of good health and safety of
   t V)c> nnr1 T*n t~ nT"!! aeotit
                                      tc  (/ I    . .<  I on  t'-.   S'te,    It  shall
                                      show  the  pro1 i'..o..' MtP,  location  of
                                      prfvo^pa a- <' ^ ro r,-,  ynd major drain-
                                      age rou' r>p,.
                                   b. Const r IK t )on  \ Km,-, -s"d specifications
                                       in  si;f lie i -nit  U?':i;   *^ indicate  the
                                      acf'i."1! c: "ibtruc* to;i t.quirc-d.
                                   c. Sui'h  othi ; dra.. i:^.  ^'^  details as  may
                                      '."  rt'quir'3 by  .no  u<.-, .rtmcnt.

                                      H-i/,arclous -Aaste  M.,ceding and  other
                                   proc.-s . if'g methoi -- sri': ' 1  be  such  as  to
                                   preserve the  prescribed quality of the en-
                                   vironment  ami provide  tur the  maintenance
                                   of good  health and safety of the operators.

                              C.  Disposal  Facility or Site

                                 1. General

                                       For land disposal sites  serving coun-
                                   ties,  cities, towns, municipalities, or any
                                   combination  thereof receiving  a  quantity
                                   qr waste equivalent  to that produced  by
                                   3,000  people  or  more,  the approved method
                                   of disposal  shall be the sanitary  landfill.
                                   For  land disposal sites receiving a quant-
                                   ity of waste equivalent to that produced by
                                   less than  3,000  people, the approved meth-
                                   ods  of disposal  shall  be either the sani-
                                   tary landfill or  the  modified landfill.
                                   The  modified  landfill designation  signifies
                                   provisional approval and each site receiv-
                                    ing  such designation  shall be  reviewed
                                   annually to determine the advisability of
                                   continued  approval.    For land  disposal
                                   sites  serving industrial  and agricultural
                                   concerns the approved method of disposal,
                                   including items of design,  construction,
                                   operation, and abandonment shall be approv-
                                   ed  by  the Department  for  each  individual
                                                   ! l

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      rail facilities,  water, impoundments,
      land use,  zoning,  topography - 20 ft.
      contour  interval,  water and waste water
      treatment  facilities, water  supply
      sources, end other utilities adjacent
      to cr locatrd.on  the  site.   It shall
      sho the proposed site,  location of
      proposed nccc&s roads,  and  major drain-
      age routing.

   b.  Detailed construction  plans at  a scale
      of r.ot  lc:.s than 1 in. =100 ft.   Plans
      shall iirJicate actual plan  of  operation
      including existing  contours  - 5 ft.
      intervals,  structures, drainage area,
      utilities,  fencings,  property lines,
      and proposed structures, drainage and
      drainage appurtenances;  finish con-
      tours - 5  ft.  intervals, method of
      developing fill areas, on-site access
      roads, fencing, sign location or arti-
      ficial  screening,  utilities, cross
      section  of  typical lift, land use, and
      conservation  plan.

u=sic  design considerations:

   a.  Site Selection
         No site shall be subject  to  flooding.
      Geologic conditions shall be such as
      not to  permit pollution of the ground
      water.
         Sufficient soil cover or  other mater-
      ial approved by the Depr.rtment shall be
      available,  preferably  at the  site, for
      covering the  waste at  the  required in-
      tervals  and to the required depth.  The
      site must  comply with local  zoning
      requirements and land use planning.

   b.  .Access Roads
         All-\veather  roads shall be provided
      to the  disposal site  and  shall be of
      such design and construction as to safe-
      ly accor,Todate the  traffic using the
      site.    On-site roads shall  be  all-
      weather  or, in ii-jj thereof^ wet-weather
      disposal areas shall  be provided.

   c.  Site Drainage
         All surface  water shall be diverted
      arorie! the operations area.  Water shall
      net be  allowed to accumulate  at any
      location or. the site unless such loca-
      tion has been approved by  the Depart-
      ment.

   d.  Sit? Fencing
         Access to the site shall be control-
      led by  rt.eans of  gates which  may be
      lov.'."J  fii;J by  fencing if  such become
      necessary.  All fencing and gates shall
      be of  sufficient height and strength  to
      serve  the purpose intended.

   e.  On-Site Structures
         There shall be provided  on the site
      a structure  for the  use of operating
      personnel. The structure shall  be heat-
      ed and shall provide shelter during in-
      clement weather.   At or near the  struc-
      ture there  shall be provided sanitary
      toilet facilities.

   f.  fire Protection
         Pire protection  shall be provided
      for the  site. The specific method  to
      be used shall be approved by the De-
      partment.

   g.  Signs
         There shall be erected at the entrance
      to the site a sign,  clearly legible and
      visible which shall contain the follow-
      ing:
         Name entity served
         Emergency phone no.
         Fee's charged (if applicable)
         Restricted materials (if applicable)
         Operating hours
         Penalty for unlawful dumping
           (if applicable)

   h.  Equipment
         The equipment specified shall meet
      the performance  requirements necessary
      for operating the sanitary  landfill  in
      accordance with  the operating require-
      ments  contained  in these regulations.
      Arrangements for emergency equipment
      shall be made to allow for operating
      equipment breakdown.

3.  Modified  Landfill

      Those items of design,  construction,
   and operation which  define a modified land-
   fill are  presented  in this  section  and  in
   the section on operation.   Plans shall  be
   prepared  and shall contain the following:

   a.  A master plan for the area lying  within
      a one mile radius of  the  site.  The
      scale  of this plan shall not be less
      than 1 in.r2.000 ft.   It shall  indicate
      existing roads, bridges,  streams, rail
      facilities,  water impoundments, land
      use, zenings,  topography, and any other
      information required by the  Department.
   b.  Construction  plans shall indicate the
      actual plan of operation which may be a
      narrative description  of site develop-

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      ment including proposed fencing,  drain-
      age, access roads, sign location,  and
      natural or artificial, screening.   The
      geological characteristics of  the  site
      shall be  determined  by the applicant
      and shall reflect the type soil, depth
      to rock,  and depth to water table.

Basic design considerations:

   a. Site Select ton
         No site shall be subject to flooding.
      Geologic  conditions  shall be such as
      not to permit pollution of the  ground
      water.  Sufficient soil cover  or other
      material approved by  the  Department
      shall be  available,  preferably  at the
      site,  for covering  the waste  at the
      required  intervals and to  the  required
      depth.  The  site  must comply with' local
      zoning requirements and land use plan-
      ning.
         A  modified  landfill site  shall be
      located  not closer than '/4 mile to an
      occupied dwelling unit.

   b. Access Roads
         All-weather roads shall  be  provided
      to the disposal site and shall be of  such
      design and construction as to accommo-
      date safely the  traffic using the site.
         On-site  roads shall  be all-weather
      or, in lieu thereof,  wet-weather  dis-
      posal areas may  be provided.

   c. Site  Drainage
         All surface water shall be diverted
      around the operations area. Water shall
      not  be allowed  to accumulate  at any
      location  on the  site unless such loca-
      tion  has been approved by  the Depart-
      ment.
                                       
   d. Site  Fencing
         Access to the site shall be control-
      led by  means  of gates  which  may be
      locked and  by fencing if  such becomes
      necessary.  All  fencing and gates shall
      be of sufficient height and strength to
      serve the purpose intended.

   e. Fire Protection
         Fire  control  plan  shall  be  provided
      for the  site.   The specific method to
      be used  shall be approved  by the De-
      partment.

   f. .Signs
          There shall  be erected  at the en-
      trance to the site a  sign, clearly  leg-
      ible  and visible which shall contain
      the following:
            name of entity served
            Emergency phone no.
            Fee's charge (if applicable)
            Restricted material (if applicable)
            Operating hours
            Penalty for unlawful dumping
              (if applicable)

      g.  Equipment
            The equipment specified shall  meet
         the performance  requirements  necessary
         for operating  the  modified landfill  in
         accordance  with  operating requirements
         contained in  these regulations.  Ar-
         rangements for emergency equipment shall
         be made to allow for operating  equip-
         ment breakdown.
REGULATION 6.
A. General
Solid Waste Disposal  System
Operation:
      The operation and maintenance of all solid
   waste disposal systems shall be  such as not
   to endanger the public health or safety,  not
   to adversely affect the quality of the envi-
   ronment and to provide  for the proper proces-
   sing and disposal  of solid waste.

B. Processing Facility

   1. Incinerators

          Incinerator operation shall  be such
      that the requirements  of  the Tennessee Air
      Pollution and  local control 'regulations
      are  met.

      a. Access to Si te
            Access to the incinerator shall be
         limited to the hours  in which  authorized
         operating personnel are on duty at the
         site.

      b. Site Storage
            All solid waste  disposed of at the
         site shall be confined  to the  designated
         dumping area.  Storage of the waste at
         the site shall  be kept to a minimum.

      C. Supervision of Operation
            An incinerator shall be operated un-
         der  the  supervision of a  responsible
         individual  who  is  thoroughly familiar
         with the operating procedures  establish-
         ed by the designer.

      d. Incinerator  Residue
            An incinerator shall be so operated
         that the residue produced will contain
         little  or  no conbustiblo or  organic
                                              88

-------
         material. All  incinerator residue shall
         be disposed of in a sanitary manner.

   2,  Ctaposting Plants

      a.  Access  to Site
            Access to the composting plant shall
         be limited to the hours, in which author-
         ized  operating personnel are on duty at
         the site.

      b.  Site  Storage
            All  solid waste disposed of  at  the
         site  shall be confined to the designated
         dumping  area.  Storage  of the  waste at
         the site shall be  kept  to a minimum

      c.  Supervision  of Operation
            A  composting  plant shall be operated
         under the supervision of a responsible
         individual  who is thoroughly  familiar
         with  the operating procedures  estab-
         lished  by the design-r.

      d.  Nongradable Solid Haste
            Solid waste which is  not degradable
         by compost  methods and  is  a resulting
         by-product of  a  composting plant shall
         be disposed of in a sanitary manner.

      e.  Use of Composted Solid Waste
            Composted  solid waste offered  for
         use by the general public shall contain
         no pathogenic organisms,  shall  be innoc-
         uous, shall be nuisance free,  and shall
         not endanger the public health or safe-
         ty.

   3.  Transfer Stations, Hazardous Waste Proces-
      sing Plants, and Other Processing Methods

         Operation of transfer stations, hazard-
      our waste processing plants, or other pro-
      cessing  methods  shall be  such that  the
      intended function of  the facility will be
      best served,  that  the public health  and
      safety will not  be endangered,  and that
      nuisances  will  not be created.   Specific
      operating procedures for each installation
      shall be approved by  the Department prior
      to initiation of  operation.

C. Disposal Facilities  and  Sites

   1.  Sanitary Landfill

      a.  Access  to Site
            Access to the sanitary landfill site
         shall be  limited to the  hours  in which
         authorized personnel are on duty at  the
         site.   A container shall be  provided
   for after hours usage at  the  entrant
   of the site.

b. Unloading of Hasfe
      The  unloading yt the  solid was.*;
   shall be controlled and restricted  wf
   an area such  that,  the material can
   easily be incorporated into the working
   face  with the available equipment.

c. Blowing Litter
      Blowing litter  shall  be controlled.
   The entire sanitary landfill  shall  bt-
   kept  free of litter, and unloading sr.aii
   be performed so as to minimize scatter-
   ing of the solid waste.

d. Spreading and Compacting of Hcste
      Solid waste shall be spread in
   of approximately two  (2) feet depth
   prior to compaction.

e. Daily Cover
      At least  six (6) inches of compacted
   cover material shall be placed  on all
   exposed t-olid waste  by  the end of  each
   working day.

f. Intermediate Cover
      In all but the  final  lift of a sani-
   tary  landfill twelve  (12) inches  of
   compacted cover material shall be placed
   on all surfaces  which will be  left
   exposed for a period of over one month.

g. Final Cover
      A  depth of at least twenty-four (24)
   inches of compacted cover material
   shall be placed on the  fill not later
   than one (1) week  after  the final  lift
   is completed.

h. Open  Burning
      No garbage or refuse containing gar-
   bage  shall be  burned  at  the sanitary
   landfill  site.  Open  burning ot  tree
   limbs, brush, excelsior,  dunnage, and
   other  items of comparable combustion
   characteristics may be  performed but
   shall comply with requirements  of the
   Tennessee Air Pollution Control Regula-
  . tions or local regulations.

i. Salvage Operations
      Salvaging shall not be  permitted  af
   the working face of  a  landfill  site  or
   at any place within  a  site that  inter-
   feres with prompt  sanitary disposal  of
   solid waste.   Salvaging  when performed
   shall  bt> such that no  hazard  to the
   public health or safety shall be created.
                                               89

-------
   Before any  salvage  operation is begun
   approval  of the operation shall be made
   by the Department.

j. Handling of Special  Hastes
*     Dead animals, sewage solids or liq-
   uids,  and other  materials  which are
   either hazardous or  hard to manage shall
   be disposed of in a sanitary landfill
   only if special provisions are made for
   such disposal  and are approved by the
   Department.

k. Vector Control
      Conditions  unfavorable for the pro-
   duction of insects and rodents shall be
   maintained by carrying out  routine
   sanitary landfill ing operations prompt-
   ly in a systematic manner. Supplemental
   vector control measures shall be  insti-
   tuted whenever necessary.

1. Dust Control
      Dust control measures  shall be taken
   at a landfill site to prevent dust from
   creating a nuisance  or safety hazard to
   adjacent  landowners,  or to people en-
   gaged in supervising, operating and
   using the -,;ite.

m. Supervision of Operation
      A sanitary landfill shall  be operated
   under the  supervision  of a responsible
   individual who is thoroughly familiar
   with  the  operating  procedures for the
   specific landfill under consideration.

n. Domestic Animals
      Domestic animals shall be excluded
   from  the  site.

O. Records  and Reports
      The Department  shall  require such
   records and  reports  necessary to  assist
   it  in fulfilling the requirements of
   these regulations.

p. Contamination Control
      There shall be no contamination of
   ground or surface waters resulting from
   deposited solid wastes or their  products
   of decomposition, nor hazard  or  nuisance
   caused by  gases or  other products gen-
   erated by the biologically or chemically
   active wastes.

 Q. Accident Prevention and Safety
      Bnployees shall be instructed in the
   principles of  first aid and  safety and
   in the specific operational  procedures
   necessary  to prevent  accidents.  Acci-
   dent precautionary measures shall be
     employed  at  the site.   An adequate
     stock  of first-aid supplies  shall be
     maintained at the site.

   r. Drainage and Grading
         The entire site shall  be  graded and/
     or  provided with drainage fncilities to
     minimize run-off onto  the  sanitary land-
     fill,  to prevent the erosion of earth
     cover, and  to drain rain water falling
     on  the surface of the sanitary landfill.
     The final surface of  the  sanitary land-
     fill -shall  be graded to-drain,  but no
     surface  slope shall  be so steep as to
     cause erosion of the  cover.  The surface
     drainage shall  be consistent with th-3
     surrounding area and  shall in  no way
     adversely affect proper drainage from
     these  adjacent  lands.

   S. Cb/npletion of the Sanitary Landfill
         An inspection of the entire site
     shall  be made by a  representative of
     the Department before the site is
     abandoned.   Any corrective work shall
     be performed before  the  project is
     accepted.  Arrangements'satisfactory to
     the Department shall  be made for  repair
    - of all cracked, eroded,  and uneven areas
      in  the final cover during the  year  fol-
     lowing completion of  the fill.   Upon
     completion  all  sites shall  be recorded
     with the register of deeds  as a  former
     landfill site.

2.  Modified Landfill

   a. .Access  to Site
         Access to the modified  landfill
     area shall be  controlled by means of
     one opening to the site to be  used  both
     as  entrance and  exit.

   b. Signs
         Sufficient signs shall be present to
     direct users  to  unloading area.

   C. Unloading of  Haste
         The  unloading of  the  solid waste
     shall be controlled and restricted  to  a
     previously excavated receiving trench.
     The trench shall be so  excavated  that
      surface  water will not accumulate.   The
      trench  shall be constructed of  such
      dimensions  to  adequately  contain at
      least  all waste  deposited in a one-week
     period.   Graveling  or any equivalent
      all-weather surface shall be placed ad-
      jacent  to the unloading  trench so  that
      several  vehicles may maneuver and  un-
      load simultaneously.   An unloading bum-
     per of sufficient size should be  placed

-------
   parallel to  the unloading  side  of  the
   trench  and close enough so that  the
   trench  will  receive all  discharged
   refuse.

d. Blowing  Litter
      Blowing litter  shall  be  controlled.
   The entire  modified landfill site shall
   be kept, free  of litter,  and  unloading
   shall be performed  so as to minimize
   scattering  of solid waste.

e. .Spre&afirig  and Compaction of Waste
      Solid waste shall be spread in  layers
   of approximately two (2)  feet depth
   prior to compaction.

f, Meekly or  Twice  $e:kly Cover
      At least six  (6) inches of compacted
   cover material shall  be  placed  on  all
   exposed  solid waste.   Sites receiving a
   quantity of  waste equivalent to that
   produced by less  than 1.500 people shall
   cover at weekly intervals.   Sites  re-
   ceiving  a  quantity of waste equivalent
   to that  produced by less tha^ 3,000  but
   more than  1,500 people shall cover at
   not more than 4 day internals.

g. Final Cover
      A depth of twenty-four  (24)  inches
   of compacted cover  material shall be
   placed  on  the fill not  later than 1
   week after  the final lift is completed.

h. Open Burning
      No open  burning shall be permitted.

i. Handling of Special Wastes
      Dead  animals, sewage  solids or liq-
   uids, and  other materials which  are
   either hazardous or hard to manage shall
   be disposed of in a modified landfill
   only if  special  provisions are made  for
   such disposal and are approved  by  the
   Department.
j.  Vector Control
      Vector control measures shall
   instituted whenever necessary.
be
k. Completion of the Modified Landfill Site
      An  inspection of  the  entire  site
   shall  be made  by  a representative  of
   the Department  before the site is aband-
   oned.   Any  corrective  work shall  be
   performed before the project is accept-
   ed.  Arrangements satisfactory  to the
   Department  shall  be made for repair  of
   all cracked,  eroded, and uneven areas  in
               the final cover during the year follow-
               ing completion cf the fill.   Upon com-
               pletion all sites  shall be recorded
               with the register of deeds as a former
               landfill site.

          3. Conversion or Abandonment of Open Dumping

               The following  steps  shall be followed
            when sites are abandoned or converted to
            sanitary landfills or modified iar.dfiils.

            a. When converting, prepare construction
               plans for landfill operation of site in
               accordance with provisions of  those
               regulations.

            b. If a site  is  to be abandoned, submit
               plans, as required by  these regulations,
               showing condition of site upon comple-
               tion.

            c. Pence or otherwise restrict unauthorized
               access.

            d. Place necessary informational signs.

            e. Close site to  incoming refuse or estab-
               lish a  specific spot on the site  for
               sanitary or modified  landfill operation
               during closing.

            f. Extinguish fires,  except  as herein
               stated.

            g. Control vectors - Bait  site  not  later
               than one week  following final, load of
               solid waste.   Compact and cover  sites
               not more than one week following  bait-
               ing.

            h. Provide drainage of the  entire site.

            i. Compact and cover with earth in accord-
               ance with  provisions  of these  regula-
               tions.
       REGULATION 7.  Waiver

         One or more  of  the  provisions in the  above
       regulations  may be waived in whole or  in part
       when, in the opinion of the Commissioner,  there
       are  factors  or  circumstances which  render com-
       pliance with such provision(s)  unnecessary:
       Pnvidcd, That,  such provisions shall be specif-
       ically exempt in writing  by the Commissioner.
                           *  * *
Approved January 19, 1971
David M.  Puck, Attorney General

Piled January  20.  1971
Joe C.  Curr, Secretary of State
                 This 12th day of January,  1971

                 Eugene W. Fowinkle,  M.U.
                 Commissioner
                 Tennessee Department of  Public Health

-------
   APPENDIX B




UNION CONTRACT
          92

-------
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O&::SSE s'st-
including female.
Section 2. Nothing in this Memorandum


Understanding can be construed to require an emp,u
to join the Union or any other employee orgamzati
The Union and Mandgement shall not coerce i
employee in the exercise of his rights to join or not
join the Union. The City, its supervisors, or any ot
person m authority shall not coerce, intimidate or in ,
other manner discriminate against any employee v
exercises his right to join or continue membership in
Union. No employee shall be denied promotion or
other bene'it because of his membership in the Union.
Sect on 3. The employer will not engage in aid


encouraging, supporting, ano assism'U '" r.v vvav
Other union, employee group or organization within
bargaining unit; nor hold employee meetings in
bargaining unit which exclude union members.


ARTICLE IV


O
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ION STEWARDS AND UNION REPRESENTA
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Section 1. The City recognizes and shall deal


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all of the accredited union stewaras, appiupMaic u
Chapter Chairman, Local President, and representativi
the American Federation of State, County, and Mun.i
Employees, whether local union representatives, dis
council representatives, or international representat
Section 2. Union staff representatives shal
admitted to the building and grounds of the City di
working hours for the purpose of assisting in
adjustments of grievances, and the conducting of c
union business, except union solicitation and u
meetings, or any union activities which would disrup
normal work schedule. Any union meetings with al
employees assigned to the particular area called bv
union representatives or Chapter Chairman may be
on City property during working hours upon prior rei
to the Division Director or his designee, which permi
shall not be unreasonably withheld.


                        94

-------



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ARBITRA

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The Union shall deliver to the Division
Director ivifhin five (5) working days, its
acceptance or rejection on the grievance
form, of the answer at Step 2. If cppealed,
the Division Director will conduct a
thorough discussion with the aggrieved
employee, the Chapter Chairman, and the
union staff representative; and shall deliver
to the Chapter Chairman, his answer
within five (5) working days, following
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mutual agreement.
The decision of the Division Director shall
be mailed certified mail to the Union
office, return receipt requested, for the
purpose of establishing the fifteen (15)
day period. The Union, in submitting its
request for arbitration, as provided
hereafter, shall send said request, certified
mail, to the Mayor, with a copy by regular
mail to the City Attorney. Failure of the
Union to request arbitration within the
time allotted or extended, shall be
considered acceptance of the decision; and
                                        95

-------
ARTICLE VII
HOLIDAYS
The following days shall be recognized and observed
s paid holidays during the term of this Memorandum of
Inderstanding.
New Year's Day - January 1st
Memorial Day - Last Monday in May
Independence Day -July 4th
Labor Day - First Monday in September
Thanksgiving Day -4th Thursday in November
Friday after Thanksgiving
Christmas Eve - December 24th
Christmas Day - December 25th
Good Friday - 1974, Friday before Easter
Employees who are assigned to work on a given
oliday shall receive either a compensatory day off to be
jter scheduled by mutual agreement or the City will pay
he employee an additional eight (8) hours pay for having
worked the holiday.
Whenever any of the above holidays falls on either
aturday or Sunday, either the preceding Friday or the
ollowing Monday shall be observed as the holiday.
Imployees will be notified as far in advance as poss-ble
oncerning the day to be observed as the holiday. If the
oliday falls on the employee's regular day off, the
mployee will be given another compensatory day for
hat holiday. If the holiday falls during the employee's
cheduled vacation, additional time (or an additional
lay's pay) will be granted.
Holiday pay will not be allowed if the employee did
iot work and was not excused the last scheduled workday
lefore and the next scheduled workday after the holiday.
ARTICLE VIII
VACATIONS
Employees shall be granted an annual paid vacation
n accordance with the following schedule based on length
>f continuous service:
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ARTICLE X
LEAVES OF ABSENCE
LEAVES OF ABSENCE WITHOUT PAY MAY BE
GRANTED TO PERMANENT EMPLOYEES FOR THE
FOLLOWING REASONS:
Section 1 .
Military. Any permanent full-time employee who
shall enter the armed forces of the United States will be
restored to his former position or one of an equivalent
status upon presentation of an honorable discha'ge from
the Armed Forces within ninety (90) days from the date
of discharge.
Reinstatement from military leave of absence shall
be subject to the ability to pass the required physical
examination. If the veteran is not qualified to perform the
duties of his former position because of a service-incurred
disability, he will be placed in the nearest similar job for
which he is qualified.
Section 2.
eligible to receive a leave of absence which does not
exceed one full year for the purpose of furthering
education. Such educational leaves should be determined
upon recommendation of the Department Head and with
the approval of the Division Director. Such educational
leave may be extended for an additional one (1) year
upon written request by the employee and upon
recommendation of the Department Head and with the
approval of the Division Director.
Tuition Refund Program. The City will provide a
tuition program to be available to all employees covered
by this Memorandum. To be eligible for benefits in this
article, employees must enroll in an adult educst'on
program conducted by an accredited learning institution.
To be eligible for tuition refund, the course or courses to
be taken must be recommended by the Division Director
and approved in advance by the Director of Personnel.
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The reimbursement plan will pay the cost of tuitior
books upon successful (C Average or above) compi
of the course, provided, however, that benefits pro
by the Veterans Educational Benefits Act shall n
duplicated by the provisions of this article.
Pay for City related education leave will be si
'or further neaotiations pending study, analysis
recommendations of the Joint Committee referred
A'ticle 33 of this Agreement.
Section 3.
	 ~~bo.,.- ,~i Pormanent full-time employees wi
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least three f5T months of continuous service with tni
wMl be eligible to receive leaves of absences for
p'sonal reasons as marriage, illness of a member <
f? -,ly disoosal of a family estate, funeral for othe
.rnmed'iate family, or other emergencies for a peric
to exceed thirty (30! days upon recommendation i
Department Head and with the approval of the Di
Director. Such approval shall not be unreasc
withheld.
Section 4,
	 cl7wT permanent full-time employees w
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will be eligible for a leave of absence not to exceed^
months with an extension up to six (6) months a.1
exhaustion of the employee's paid sick leave beca
the prolonged illness of the employee. The requt
such leave of absence or extension shall conta:
recommendation of the physician and the leave st
granted by the Division Director.
Section 5.
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          APPENDIX C

EFFECTIVENESS OF DISTRICTING
               AND
        ROUTING MODEL
                  107

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                              APPENDIX C

LETTER FROM CHARLES BLACKBURN,  DIRECTOR OF SANITATION
TO COUNCIL SUBCOMMITTEE AND THE CAO , GERALD MOORE
      As we discussed during our meeting of Wednesday,,  December 23rd,
Mr. Gene Owen calculated that his fee should be based on savings of
(1)  increase in  sanitation service which would cost the city $873, 107.00, and
(2)  cash savings representing a reduction of overall personnel strength within
the Sanitation Department while still achieving the realized level of service
of $620, 742. 00, a total annual savings of $1, 493, 000. 00.   Mr.  Owen used
for comparison the months of May and June 1970 as opposed to the level of
service obtained and personnel complement, recommended as of October 30,
1970.  All other factors cf the engineering study such as ordinance changes,
elimination of 55 gallon drums, open gates, use of tote tubs,  and the use
of disposable containers for yard refuse are represented in the two broad
figures mentioned above and he has claimed no  separate  savings for them.
      The Public Works Division in evaluating these  savings for your con-
sideration recalculated the levels of service using the number of routes
given twice weekly service throughout, by week, going back to July 1969
through June 1970 and then comparing these figures with service from
July (i. e. , when implementation of the new routes were started) through
November 1970.  Our figures indicate an increase of realization of twice
weekly pickups from 74 percent to 88 percent or a 14 percent improvement.
      It is our  feeling that considering longer periods of  time reflects
seasonal variations and represents a truer picture of the results achieved.
The 14 percent increase in service based on the collection costs  of $. 35
per stop gives  us a dollar figure for increase in service  of $490, 000. 00.

                                      108

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However, it must be remembered that it took several months to fully im-
plement the new route changes and the number of stops receiving twice
weekly service rose to 92 percent of the total during the month of November
and will exceed 96 percent in December.
      Taking the  November figure as a mean between the average increase
and the presently obtained level of service, we have  an additional four
percent service improvement.  On top of this, we estimate an additional
two percent increase in refuse volume based on national statistics.   An
additional six percent  increase in the level of service or the cost of reach-
ing that level would add an additional $209, 000. 00 annually.  The Sanitation
Department and Owen and White, Incorporated agreed on some personnel
requirements that were omitted from Mr.  Owen's report on September 1,
1970,with the result that salary savings have been reduced to $234, 000. 00
annually.
      We recap our estimate of savings attributable to the engineering
study as  follows:
           Service Improvement   $   699, 000. 00
           Salary Savings              234, 000. 00
            19 packers not pur-          71,000.00
             chased as a result
             of the study at 1/3
             the  cost
           Gasoline savings based        9, 000. 00
             on 2 months experi-
             ence
           Maintenance savings          26, 000. 00
             estimated only on
             the  basis of gasoline
             reduction
           Substitution of 15 brush      23,000.00
             trucks  for 12
             additional packers
             planned at 1/3 the
             cost

           TOTAL Savings         $1,062,000.00
                                     109

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In addition to the abovo enumerated savings,  the city should realize a
personnel complement savings of approximately 45 men if the balance of
apartments, 8 units and above,  are assigned to private collectors - this
is estimated to be $165,000.00 per year.  In-addition, there should be
an additional savings if efficiency increases in the new route systems.
      Based on savings to date and in accordance with our best estimates,
we recommend payment to Owen and White, Inc.  up to $105, 000. 00 based
on his initial effort.  We have paid him to date $55, 000. 00 so this would
mean an additional payment of $50, 000. 00 which we will authorize immediate-
ly upon receipt of your approval.   We have also advised Mr. Owen to proceed
with the regeneration of the existing routes to bring them to current status.
                                       110

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            APPENDIX D




MEMPHIS SOLID WASTE ORDINANCE
                   111

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                         Chapter  19

                 GARBAGE AND TRASH*

Art.  I.  In General.  19-119-28
Art. II.  Permit for Collection by Pushcart,  19-2919-43

                  Article I. In  General

Sec. 19-1. Definitions.

  For the purposes  of this article the following words and
phrases  shall have the meanings  herein  and words used  in
the present  tense shall  include the future  tense and  in the
singular shall include the plural and the  plural  shall include
the  singular  and  masculine  shall  include  the  feminine
gender:

  Person. The word "person" shall mean every  natural per-
son, firm, partnership, association  or corporation.

  Director shall mean  the  director, sanitation services divi-
sion,  and/or director, public works division, whichever is ap-
propriate.

  Garbage shall  include every accumulation of  both  animal
and vegetable matter,  liquid or  otherwise,  that attends the
preparation, use, cooking, dealing in or storage of meat, fish,
fowl, fruits  or vegetables, tin cans or other containers origi-
nally used for  food stuffs.

  Rubbish includes  all non-putrescible solid  waste  consist-
ing of  both combustible and non-combustible  waste such
as  paper, cardboard,  glass, crockery, excelsior, cloth and
similar materials. It shall not include bulky refuse meaning
stoves, refrigerator-  water tanks,  washing machines,  broken
   'Editor's m.teOrd. No.  187, enacted June 11,  1968, amended this
 Code  by repealing   19-119-18, by adding    19-119-25 in lieu
 thereof. The repealed sections were derived from:  Code 1949,  483,
 484, 485, 486, 487, 488, 489, 491, 492, 493, 494. 496, 497, 498, 499, 504,
 798, 818, 1544, 1571; Ord. No. 984,   2, 5-22-62.  Subsection designations
 and italicized catch phrases have  been inserted  by tho editors, where
 appropriate, to facilitate indexing and reference.
 Supp. No. 23
                             797
                             112

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I 19-1                  MEMPHIS CODE                  l-3

furniture or similar bulky material, having a weight greater
than seventy-five (75)  pounds and volume greater than thirty-
five (35) gallons.

  Public place shall include parks, docks, wharves, water or
open  adjacent spaces  thereto  and public yards, grounds and
areas and all open spaces between buildings and streets and in
view  of such streets.

  Industrial waste  shall mean all such wastes peculiar to in-
dustrial, manufacturing or processing plants and shall include
hazardous refuse.

  Hazardous refuse means any chemical, compound, mixture,
substance or article which may constitute a hazard to health
or may cause damage to property by reasor of being explosive,
flammable,  poisonous, corrosive,  unstable,  irritating,  radio-
active or otherwise  harmful.  (Ord. No. 187, 6-11-68; Ord. No.
1494,  1, 10-17-72)
  Cross  referencesPowers and  duties of city beautiful commission
relative to removal  of trash from streets,  lots, etc..  2-225; cj;'posal
of refuse at airport,  4-31; disposal of dead animals,   7-24; i . iner-
ators for burning trash,   17-7; storage and disposal  of garbap:  and
rubbish at food establishments   18-61; refuse from gashouses,  32-30;
accumulations of garbage and trash providing food  or harborage for
rats,  32-70; garbage  and refuse  disposal at trailer  courts,  39-25.

Sec. 19-2. Exclusive collection.

  It shall be unlawful for any person other than the City of
Memphis  to engage in the business  of collecting,  removing,
and disposing of garbage and  rubbish in the City of Memphis
except those private collectors specifically authoinzed by per-
mit. (Ord. No. 187, 6-11-68)

Sec. 19-3. Jurisdiction of  director.

  The removal of garbage, rubbish and industrial waste from
premises  in the  city  shall be under  the jurisdiction of the
director,  sanitation services  division.  Final disposition of
garbage,  rubbish and industrial  waste shall  be  under the
jurisdiction of the  director, public works division. (Ord. No.
187, 6-11-68; Ord. No. 495,  1, 7-22-69; Ord. No. 1494,  1,
10-17-72)
Supp. No. 23
                            798
                            113

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 19-4              GARBAGE AND TRASH              5 19-5

Sec. 19-4. Rules an..'  regulations to implement articles.

  The appropriate director, subject to the approval of the
mayor, may make such rules and regulations as are not in-
consistent with the provisions of this article as ma - be neces-
sary or desirable to aid in the administration of and obtaining
compliance with the provisions of this article. (Ord. No. 187,
6-11-68;  Ord. No.  1494,   1, 10-17-72)

Sec. 19-5. Collection and disposal of industrial waste, natho-
          genic and  radioactive waste and salvageable ma-
          terials  for reclamation.

  (a)  Industrial and  hazardous waste. All  industrial  and
hazardous waste shall be disposed of  by the industry, manu-
facturer or processing plant generating such waste under such
methods and conditions as shall  be  approved by the director.
Such industries may  apply for a special permit as a private
collector or may dispose of industrial waste by licensed pri-
vate  collectors.  Garbage and rubbish not  consisting of in-
dustrial  waste and hazardous refuse may be collected by the
city and charges  made therefor in accordance  with the fee
set forth herein,  provided, however,  that  if the  person  in
disposing of his industrial and hazardous waste also desires
to  dispose  of  his garbage and rubbish  generated on his
premises, the city shall allow him to do so as a special private
collector for his  own  premises  or  through licensed private
collectors if he  desires.
   (b) Pathogenic and radioactive waste.  All  pathogenic and
radioactive waste shall  be disposed  of by the hospital  or
institution generating  such waste  under  such conditions  as
shall be approved by  the  health department. If the health
department approves the treatment  of such waste so  that
it may be disposed of  by collections from the city, or if the
hospital is eligible due to classification by volume, then said
waste may be disposed of by the hospital  as a special private
collector or through  licensed private  collectors. Garbage and
rubbish  not consisting  of  pathogenic and radioactive waste
may be collected by the city and charges made therefor in ac-
cordance with the fee  set forth herein.  Provided, however,
 Supp. No. 23
                            799
                            114

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 19-5                 MEMPHIS CODE                  19-6

that if the person disposing of his pathogenic or radioactive
waste also desires to dispose of his garbage and rubbish gen-
erated on the premises, the city shall allow him to do so by
granting a special permit to the hospital or institution if so
classified by volume for itself as a  special  private collector
or through U2 of a licensed private  collector.
  All pathological waste from physicians' clinics, dental clinics,
blood banks and  medical laboratories, shall be separate from
normal waste, placed in durable disposable bags that can be
tied and  sealed when full. The bags  shall be stored in metal
containers with tightfitting lids while in the process of being
filled. Containers shall be kept  in places restricted from access
by  the public. Needles shall  be  separated  from  disposable
syringes  by breaking them off at the hub immediately after
use. Fluids may  be flushed down the commode. These ma-
terials shall only  be placed at the collection point on the day
they are to be collected. Storage, collection, and disposal of
pathological waste shall be in accordance with regulations of
the Memphis and Shelby County Health Department.
  (c) Salvageable  materials for reclamation.  Persons en-
gaged in collecting or purchasing for resale paper, cardboard,
rags and scrap  metals,  for reclamation  purposes shall be
exempted from the  provisions of this  article  except insofar
as regulations of the  health department and  the  sanitation
services division apply to maintaining standards of health and
cleanliness,  preventing nuisances,  preventing  interference
with refuse containers  and preventing littering.  (Ord. No.
187, 6-11-68; Ord. No. 495,  1, 7-22-69; Ord. No.  704,  1(A),
(B), 5-12-70; Ord. No. 1494,  1, 10-17-72)

Sec. 19-6. Container provided.

  (a) Duty to have containers. It shall be the duty of every
person in possession, charge or control of any premises where
garbage is created or accumulated and in the case of multiple
dwellings or multiple occupancy, the owner of the premises, at
all times to keep or cause to be kept a sufficient number of
containers for the deposit of garbage generated on tne prem-
ises.
Supp. No. 23
                            800
                           115

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 19-6             GARBAGE AND TRASH               19-7

  (b)  Container requirements. Lids or covers of such con-
tainers shall be kept tightly closed at all times other than
when garbage  is being deposited therein  or removed  there-
from. Containers used for the deposit of garbage for collection
by the city shall be in good condition so that collection thereof
shall not injure the person collecting the contents. Containers
having ragged or sharp edges or other defects must be prompt-
ly replaced. Individual  (can type) containers provided shall
be not larger than twenty-five (25) inches in diameter and
thirty  (30) inches in height nor smaller than fourteen (14)
inches in diameter and sixteen (16) inches in height  (com-
monly  known as thirty (30)  gallon and  twenty (20)  gallon
containei's).  All individual  (can type) containers  shall be
made  of  galvanized or  plastic material  and shall  be kept
watertight at all times. Sufficient additional containers shall
be provided  within  the  premises for receiving and holding
without  leakage and spillage  all ashes,  rubbish and  waste
matter other than garbage except as set forth  in section
19-10.
   (c)  Fifty-five gallon drums prohibited. Fifty-five (55) gal-
lon drums are specifically prohibited from use as  containers
for garbage or other refuse. It shall be the duty of  both the
pei, 01. in  possession, charge or control of any premises as
well as the owner of the  premises to comply with the  provi-
sions of this subsection regarding the cleanliness of the prem-
ises  and keeping  containers properly closed.  (Ord.  No.  187,
6-18-&8; Ord. No.  495,  1, 7-22-69; Ord. No. 723,  1, 6-2-70)
Sec. 19-7.  Safe premises for collection; location of containers.
  It shall be incumbent  upon tenants, lessees, occupants or
owner- of premises to provide a safe and convenient  entrance
to and through the premises for the purpose of collecting gar-
bage.  Containers for garbage and refuse to be collected shall
be placed  at a convenient  and accessible  point in the yard
within five (5) feet of an  alley, whenever an alley  exists in
the  rear of such  premises, and  where no alley exists, the
containers shall be placed at a  convenient and accessible point
adjacent  to a  drive or walkway. Contain  rs  shall be  placed
where collectors may pick up and empty t^me without attack
Supp. No. 23
                            801
                             116

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 19-7                 MEMPHIS CODE                   19-9

from animals. The director may by regulations provide for the
location of containers. City garbage collectors shall not enter
houses or stores for the collection of garbage or rubbish nor
shall they accept any money or valuable gifts for their service
from persons served.

  Where yarda are fenced, a gate,  suitable for passage  of
collectors and their equipment,  the gate being a  minimum
width  of forty (40) inches shall be left open  to  provide a
safe and convenient entrance to and  through the premises,
provided that the  director, sanitation services  division may
grant  waivers of  this section in  cases of hardship, Garbage
and refuse shall  not  be stored  in close proximity to other
personal effects which are not desired to be collected but shall
be reasonably separated  in order that the collectors can clearly
distinguish between what is to be collected and what is not.
 (Ord.  No. 187, 6-11-68; Ord.  No. 723,  1, 6-2-70; Ord. No.
1494,  1, 10-17-72)

Sec. 19-8.  Garbage wrapped;  mixing with  ashes, rubbish.

  Garbage and other liquid substances  shall  not be kept in the
same container with ashes or rubbish. All garbage shall  be
kept in a separate container co)iforming to the requirements
of  this article and shall be drained and separately wrapped
before being placed in the  container.  (Ord.  No.  187, 6-11-68)

Sec. 19-9.  Sanitary landfills,  other places of  disposal and
           disposal fees.

  The city may establish public  dumps,  sanitary landfills or
other  places of disposal as may be necessary, and no person
shall use or be permitted to use  any dump or sanitary land-
fill or other place  of disposal except with the approval of the
 director and in accordance  with the rules and regulations
promulgated under this  article. The council  may by resolution
establish or adjust fees for any persons  using city dumps,
 sanitary landfills, incinerators  or other collection  stations.

   All  sanitary landfills, incinerators or other collection sta-
 tions either within or without the city limits shall have dis-
posal fees established, and all persons  (other than  persons in
 Supp. No. 23
                            802
                              117

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S 19-9              GARBAGE AND TKASH              19-10

passenger  type vehicles  hauling refuse emanating from a
private residence) shall pay a disposal fee of forty-five cents
(0.45) per  cubic  yard of refuse delivered to  the disposal
site. A transfer handling or incinerator disposal fee of sixty
cents ($0.60)  per cubic yard shall be charged at  any transfer
station or incinerator for all haulers  (other than persons in
passenger  type vehicles  hauling refuse emanating from a
private residence), in addition to the above mentioned dis-
posal fee.

  The director shall be authorized to promulgate reasonable
rules and regulations for the collection of said fees, including
collection  at  the landfills, incinerators or other  collection
stations, or the sale of coupon books at one or more locations,
with  coupons  to  be given upon the presentation of a vehicle
for dumping  at  the  landfill,  incinerator or other  collection
station. The director  shall also make reasonable rules and
regulations as shall be necessary to carry out the inspection,
supervision and enforcement of dump fees.

  Any vehicle presented for dumping shall be enclosed at the
sides and the back and covered with a  tarpaulin or methods
established by the director so as to reasonably avoid spilling
garbage or waste, disseminating odors, and attracting insects,
and the director may establish such reasonable time  when
such  vehicles  may be presented for dumping. Vehicles which
are not covered with a  tarpaulin or other approved  cover
shall  not be allowed to dump at the landfill, incinerator and/
or transfer station.
  Dirt, stand, gravel, broken  bricks, concrete, rock, asphalt
and similai' material  deemed by the director to be suitable
cover for landfill use  may be  exempted from the dump fee.
(Ord. No.  187, 6-11-68;  Ord. No. 495,  1, 7-22-69; Ord. No.
1494,  1, 10-17-72)

Sec.  19-10. Leaves, grass, trimmings, trees and paper.

  Leaves, grass  cuttings and  garden trimmings, weeds and
roots from which all dirt has been removed shall be deposited
in disposable containers adjacent to the front property line
or at the back property line where alley pickup of garbage is
Supp, No. 23
                            803
                           118

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 19-10                MEMPHIS CODE                 19-10

provided or in the regular garbage container provided that
it does not create an amount of refuse and rubbish substan-
tially greater than normal so as  to require the collector to
make an extra trip to remove such refuse and rubbish, pro-
vided further that such refuse is loose  in such regular con-
tainer and not tightly compacted so  as to cause difficulty
to the collector in removing the same from the container. The
director of sanitation services may grant waivers of this sec-
tion in cases of hardship. Leaves  may be neatly piled at the
property line from which collections are normally made during
such  times  in the fall and  spring as set by  regulations of
the director. Disposable containers for such rubbish shall be
cardboard cartons or plastic  bags  or moisture resistant paper
bags and such containers shall have tops, ties or other means
of preventing spillage, scattering or blowing away  of the
rubbish and  be moisture proof or kept  dry and be of suffi-
cient strength to contain the refuse without spillage during
handling. They  shall  not exceed in  size  the approximate
capacity of a thirty (30) gallon regulation garbage container
which is considered the maximum size for manual lifting by
a collector.

  Magazines and newspapers shall be bundled and securely
tied.
  Shrub and tree trimming shall be neatly  piled adjacent
to the front  property line immediately  behind the sidewalk
where sidewalks  are installed.
  Shrubs and tree trimmings shall be  separate from other
refuse, such as leaves and grass  trimmings.

  Limbs or logs in excess of  three inches in diameter and five
(5) feet in length will not be collected by the  city. (Ord. No.
187, 6-11-68; Ord. No. 495,   1,  7-22-69; Ord. No. 723,  1,
6-2-70; Ord.  No.  1494,  1, 10-17-72)
                            119

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S 19-11             GARBAGE AND TRASH             8 19-11

Sec. 19-11. Service fees for collection, disposal.

  The following monthly fees are established for  the collec-
tion, removal or disposal of garbage and rubbish:

                                                  Monthly
                                                     Fee

  Residential  units, including single family dwellings,
       mobile  homes, duplex,  triplex, quadruplex,  and
       apartments of a total of eight (8) or more units
       with individual  can type container  collection
       authorized by regulations promulgated pursuant
       to this  ordinar.ee for  each unit thereof (pro-
       vided mobile homes in  commercial mobile home
       parks of fifty  (50) or more units with approved
       central collection containers  shall pay for each
       unit thereof $2.00) 		    2.50
  Apartment  houses of five  (5)  through seven  (7)
       units, for each unit thereof	   2.00
  Apartments of  eight (8) or more units with  con-
       tainers suitable for mechanical collection as  ; ro-
       vided by regulations promulgated pursuant to
       this ordinance, for each unit thereof	   2.00

  Boardinghouses of three or more living quarters	   6.00

   Churches and other institutions  (provided, however,
       that if the  director  determines  that  said
       churches and institutions should  be rated on
       the basis of average gallons collected  as  pro-
       vided for commercial establishments,  the direc-
       tor shall thereafter direct  that such churches
       and  other  institutions  shall  be billed  for  the
       amount appropriate to such  commercial group
       except  that churches having an average weekly
       gallon  collection of  from 0  to 90  gallons shall
       pay a monthly fee of $3.00 and churches having
       an average weekly gallon  collection of 91 to 180
       gallons shall pay a monthly fee  of $6.00)	12.00
 Supp. No. 14
                           804.1
                            120

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5 19-11                 MEMPHIS CODE                  19-13

  Commercial businesses and other non-residential purposes:
                                                    Monthly
  Group                Weekly gallons                Fee
     1   . -,o ,             0  to    180                $  6.00
     2  .  ,o0-<          181  to    360                  12.00
     3   .  ".i           361  to    780                  25.00
     4    > ''>           781  to  1,200                  34.00
     6                  1,201  to  1,800                  48.00
                       1,801  to  3,600                  79.00
                       3,601  to  5,400                 127.00
                       6,401  to  7,200                 174.00
                       7,201  to  9,000                 222.00
                       9,001  to 10,800                 269.00
                     10,801  to 12,600                 317.00
(Ord.  No. 187,  6-11-68;  Res. of  6-11-68;  Ord. No.  267, 
1, 9-3-68; Ord.  No. 298,    1, 10-15-68; Ord.  No. 860,   1,
2-2-71)
  Amendment  noteOrd. No. 267,  1, amended  19-11, "churches nnd
other institutions," by  adding  the exception relating: to average weekly
g.llon collections. Ord.  No. 2U8,  1, amended   19-11 "residential units"
by adding  the proviso relating to mobile homes.  Ord. No. 860,   1,
amended the provisions pertaining to residential units  and  apartments.
Sec. 19-12. Classification  of commercial businesses  for  col-
           lection services.
  The director shall cause each commercial establishment  to
be placed in  the particular group based upon the average col-
lections per  week. The director from time to time may change
the  classifications of  a commercial  establishment from  one
group to  another. The decision of the  director  shall be final.
(Ord. No. 187, 6-11-68)

Sec. 19-13. Special collection services.
  The director may provide for  the collection and  removal
of garbage and rubbish from any place or premises at times
in addition   to  those when  regular collection service  is pro-
vided or in a manner different from the prescribed method of
collection. In the event the  director establishes such special
service, the method  of special service and the fee therefor shall
be submitted to the council for approval  by appropriate reso-
lution.
Supp. No. 14
                            804.2
                             121

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8 19-13             GARBAGE AND TRASH              19-13

  In the event the director establishes such special service, the
director shall have authority to  charge the  users  of  such
special  services  a charge  based  on the division of public
works'  best estimate  of  their  actual cost providing  such
service,  including labor and equipment used,  plus a fifteen
cents ($0.15) per cubic yard permit fee to defray the  costs
of providing, operating and maintaining of dumps and  sani-
tary land fills by the city. (Ord. No. 187, 6-11-68; Ord. No.
495,  1, 7-22-69)
  Amendment noteOrd. No. 495,  1, amended  19-18 by adding the
second paragraph.
                             122

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 19-14            GARBAGE AND TRASH             5 19-15

Sec. 19-14. Billing of  service  fee.

  The service fee for  removal of garbage or rubbish by the
city shall be included  as a separate item each month on the
bills rendered by the Memphis Light, Gas and Water Division.
Said charges shall be rendered on the first bill of the division
sent on and af T July  1, 1968,  and for each month thereafter.
All persons re  ;iving  sanitation  service by the city  who are
not customers of the Memphis Light, Gas and Water Division
shall be billed  separately by  the city. The account  shall be
paid monthly in  advance to the  person or  department desig-
nated by the council by resolution.

  Failure to pay the service fee within thirty (30)  days after
due date of the utility statement shall be grounds for termi-
nating utility service by the Memphis Light, Gas and Water
Division.

  When service commences or ceases, applicable charges may
be  prorated. If electricity,  gas,  or  water services or any  of
them, shall be supplied to a location, the occupant or tenant
of which has vacated  said premises, and the city ia  satisfied
that there has been a termination of the need for garbage and
rubbish collection, then the city, on application  of the owner
or agent therefor, may suspenc' liability for such charges, and
said charges shall be reinstated with the next utility Mil
rendered to an occupant or  tenant of the said premises. (  -d.
No. 187, 6-11-68)

 Sec. 19-15. Responsibility for collection charges.

   In the case of premises containing more than one dwelling
 unit or place of business,  and  each  is billed separately for
 utilities by the Memphis Light, Gas and Water Division, such
 fees will be billed to the person  in  possession, charge or con-
 trol who  is the customer  of the  Memphis Light,  Gas and
 Water Division. In  the case of premises containing more
 than one dwelling un;* or place  of  business which are served
 by a single utility bill, so that the occupants or tenants cannot
 be billed separately by the Memphis Light, Gas  and Water
 Division, such fees as are  prescribed by this article ahall be
 Supp. No. 23
                           804.3
                             123

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S 19-15                MEMPHIS CODE                ( 19-18

billed by the Memphis Light, Gas and Water Division to the
customer of the single utility bill who shall  be liable for the
service fee for said premises. (Ord. No. 187, 6-11-68)

Sec. 19-16. Nurserymen;  duty to  remove trash.

  Every nursnyman or other person who cuts trees or trims
shrubs or gra.s , as an independent contractor and not as an
employee of  th  occupant of the premises,  shall remove or
cause to be removed all such trash from the premises serviced
by him. (Ord. No. 187, 6-11-68)

Sec. 19-17. Building debris, responsibility  for removal.

  Building debris such as scrap lumber, plaster, roofing, con-
crete, brickbats, and sanding  dust resulting from the con-
struction, repair, remodeling or demolition of any building or
appurtenances on private property will not be removed by the
sanitation services division and the owner must cause such
materials and waste to be privately moved. (Ord. No. 187,
6-11-68;  Ord. No.  280,    1,  9-10-68; Ord.  No. 1494,   1,
10-17-72)

Sec. 19-18. Private collection tauthorized, regulated.

  The director shall authorize the private collection of gar-
bage ai .1 rubbish for a particular location only as hereinafter
provided:

  (a) The director shall not authorize the private collection of
      garbage and rubbish for single family, duplex, triplex
      and  quadruj lex  residences, mobile  homes,  boarding
      houses, apartment buildings of seven units or less and
      commercial establishments in groups 1 and 2.
  (b) The  director may  authorize the private collection of
      garbage and rubbish for commercial establishments in
      group  3 and churches and  institutions by the issuance
      of a location permit upon the application of the person
      in possession  or control of the premises or his agent
      whenever the director shall determine it is uneconomical
      for the city to provide collection or the city cannot give
Supp. No. 28
                          . 804.4
                           124

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 19-18             GARBAGE AND TRASH                19-18

       adequate service and  a private collector can give ade-
       quate service. The collection shall be by a private gar-
       bage collector  licensed under  this article and  suitable
       to the occupant of the premises.
  The director  in  considering  whether it is  economical for
       the  city  shall  take into consideration  the  location of
       the  establishment, the sanitation collection  routes, the
       available manpower,  the  equpiment  and  manpower
       necessary for  removal,  times  and cost studies by the
       city and all such other factors as  may be necessary and
       proper to determine if it is economical or uneconomical
       for  the  city to provide  said  collection. In determing
       whether  the city can give adequate collection service
       upon a request for a location permit, the director  shall
       consider the feasibility of collection, the building design,
       city-owned  equipment available and whether the  loca-
       tion can best be served by containerized equipment and
       such other factors as the director may deem appro-
       priate.
   (c)  The director  shall authorize  the private collection of
       garbage  and rubbish  for commercial  establishments
       in groups 4 and 5, for  governmental agencies  and for
       industrial establishments by the  issuance of a  location
       permit upon the application of the person in possession
       or control of the premises or his agent whenever the
       director  shall  determine  that a  private collector can
       give adequate sei^ice.  The  collection  shall be by  a
       private garbage collector defined  under  this article and
       suitable to the occupant of the premises.
 (c.l)  The director  shall authorize  the private collection of
       garbage and rubbish for apartment buildings and  com-
       plexes of eight (8) units or more by the issuance of a
       location  permit upon  the application of the person in
       possession  or  control  of the premises  whenever the
     .  director shall  determine that a  private  collector  can
       give adequate service.  The  collection  shall be by  a
       licensed private  garbage collector  defined  under  this
       article and suitable  to the occupant of  the premises
       who has obtained  a  special apartment  permit for the
Supp. No. 11
                            804.5
                           1Z5

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 19-18                MEMPHIS CODE                  19-18

       collection of apartments. The location permits for col-
       lections of  apartments shall be for collections on and
       after July  1, 1970 and all applications for private col-
       lection shall be filed with the director on or before June
       15, 1970. Thereafter, applications for private collection
       shall be filed in like three  (3) month periods, that  is
       all applications shall be received on September fifteen
       for service effective October one in order to allow city
       proper times to adjust its existing sanitation routes be-
       cause of removal of the apartment complex from collec-
       tion by city forces.

  A special apartment permit for the collection of apartments
       shall be issued by the director only to licensed private
       collectors who have obtained a permit for private col-
       lection under  this article and in addition have  signed
       an agreement with the city to handle  any  apartments
       of eight (8) or more  units where application is made
       for their services. Any owner of an apartment building
       or complex of eigV'  (8)  or ir.r>re  units who contends
       he has been unable to  obtain private collection services
       may apply to the director for private collection and the
       licensed private collectors shall agree that said apart-
       ment units may be assigned by  the director  to the
       private collectors on a rotating basis for collection  at
       the standard rates  filed with the director,  that  is, the
       rates for each pickup and furnishing of containers. The
       director shall have the authority to revoke immediately
       the special apartment permit for the handling of apart-
       ments of any private collector violating his agreement
       with the city.

   (d) Notwithstanding any  of  the  above paragraphs of this
       section any premises under contract to a private gar-
       bage collector at the date of the first reading of this
       article shall be  allowed to continue said contract until
       July 1, 1969 and a location permit shall be granted and
       a permit granted to the private garbage collector upon
       his  meeting the requirements set  forth  hereinafter.
       Said  contract shall be allowed to continue after July
 Supp. No. 11
                            804.6  .
                             126

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S 19-18             GARBAGE AND TRASH               19-19

       1, 1969 upon  issuance  of  renewal location permits as
       defined in section 19-20 and as allowed under the pro-
       visions of this section.
  (e)  When private collection services  are  considered to be
       in the public interest,  upon application,  the director
       may recommend to the  mayor that such service be pro-
       vided by  a  licensed  private collector.  (Ord.  No. 187,
       6-11-68; Ord. No. 280,   2, 9-10-68; Ord. No.  495,   1,
       7-22-69; Ord. No. 704,  1  (J), 5-12-70)
  Amendment noteOrd. No. 70-1,   1(J), amended  19-18 relating to
private collection by deleting said section and substituting in lieu thereof
a new  19-18 pertaining to the same subject matter, the essscuc.- of
the amendment being the addition of provisions codified as (c.l) and (e).

Sec. 19-19. Private collection permits.

  (a)  Application. Any person desiring to secure a permit for
the private collection of garbage, rubbish  or industrial waste
by either a licensed private collector or a special private ' ~>1-
lector  on and after July  1, 1968 sh-ill submit an application
therefor to the collector of licenses and privileges  who shall
immediately  forward the application  to the  director.  The
application shall contain  the  following information:
  (1)  Private collector's  name,  home  address,  business ad-
       dress,  and telephone numbers. This includes informa-
       tion as  to  persons  'doing business   under  fictitious
       names, members of partnerships, and officers  of  cor-
       porations or  associations.
   (2) A list of equipment intended to be  used by the  private
       collector within  the  city  including a full  description
       thereof.
   (3) The rates or charges to be imposed for private collec-
       tion.
   (4) The date upon which the  applicant desires the permit
       to be  issued.
   (5) PJ oof of public liability  insurance issued  by  a com-
       pany authorized to do business in the State of Tennes-
       see in the amount  of $10,000.00 for death or  injury to
       any one person in one accident, $20,000.00 for death or
       injury to more than one person in any one accident and
       $10,000.00 property damage.
Supp. No. 11
                            804.7
                              1Z7

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  19-19                 MEMPHIS  CODE                  19-19,

   (6)  Such other  and further  information as the  director
        may require.
   (b)  Investigation and  issuance. The  director shall  cause
 such investigation to be made of the  facts stated in the appli-
 cation  and, if verified, shall without  delay advise the  collector
 of licenses and privileges to issue the  private collector's permit
 upon payment of the fee.
   (c)  Effective  period, fee.  The  private  garbage collection
- permit shall be effective for the fiscal year beginning on July
 1 until the next ensuing 30th  day of  June on and after which
 date it shall  be null and void. The  licensed private  collector
 shall pay an annual fee of $240.00, which fee shall be  prorated
 and paid at the  rate of $20.00 per  month in advance  to the
 collector of licenses and  privileges. The fee for a special per-
 mit issued to a private collector whose sole collection is a loca-
 tion owned by the private collector shall  be $20.00 per annum
 payable annually in advance.
   (d)  Conditions of issuing permit.  The director may impose
 conditions upon the issuing of a permit reasonably calculated
 to  eliminate excessive noise, scattering of  dust and dirt,
 scattered  materials, and similar  nuisances, and  to prevent
 obstruction of public streets and interference with traffic.
   (e)  Rules  and regulations. The director may  make iu.es
 and regulations for the identification of private garbage col-
 lectors and their equipment.  Every  private garbage  collector
 shail keep such records, receipts, invoices, and other pertinent
 papers in such form as  the director may require  which shall
 be open to the  inspection by the  city.
   (f)  No vested rigJtt or property interest acquired; suspen-
 sion, revocation; notice; hearings.

   (1)  No vested right or property interest is acquired by the
        issuance  to a licensee; private collector  of an annual
        peimit or to a special permit issued to a licensed collec-
        tor  whose sole collection is  a location owned by the
        private  collector.  Nor is there  any vested  right  or
        property  inte/est acquired  by the issuance of a loca-
        tion permit to a particular  location to be picked up  by
 Supp. No. 11
                            804.8
                               128

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5 19-19            GARBAGE AND TRASH              19-19

      a  licensed private collector, but the  annual permit or
      location permit may be suspended or revoked when  it
      shall appear:
       (a)  That any of the conditions thereof are being vio-
           lated ;
       (b)  Thai; the permit is being exercised in violation of
           this article or any ordinance or  statute;
       (c)  That the permit is being  used for a purpose detri-
           mental to public  health,  morals, peace and order
           or is being used  for a purpose fcieign to that for
           which the permit was issued;
       (d)  For the nonpayment of the annual permit  fee or
           the  nonpayment of the location fee;
       (e)  That the application contains  falsehoods;
       (f)  That  the  equipment  being used  by the private
           collector for collection or the containers used fail  to
           meet  the health and safety standards established
           by the City of Memphis, State of Tennessee or fed-
           eral government.
   (2) Ten days' written notice  of  suspension or  revocation
       shall be  given. Within said period of time the collector
       may ask for a hearing before the director. If no request
       for  a  hearing  is made,  the suspension for  the  period
       listed  or the revocation shall  be final. Hearings  before
       the  director shall be conducted informally, may be con-
       tinued, and his decision shall be rendered within five
       (5)  days after the close of said hearing.  The decision
       of the director in regard to the issuance, suspension  or
       revocation of private garbage collection permits shall
       be appealable to the  city council  under such rules and
       regulations as  established by  the council.

   (g) Payment bond.  The  City  of  Memphis shall require  of
 each private collector a bond to secure the payment of location
 permit  fees, inspection fees and sanitary  fill or dump  fees.
 Said bond  shall be in an amount determined by the director
 to be the  average amount due from the private collector  of
 said fees for a three (3) month period, and shall be based upon
 the  director's estimate  of said fees from the location permits
 Supp. No. 19
                           804.9
                           129

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 19-18                MEMPHIS CODE                  19-20

submitted by the private collector and approved by the direc-
tor.  The director is authorized to increase or decrease the
bond from  time to  time in his discretion as  the  number of
location permits increase or decrease by the private collectors.
(Ord. No. 187, 6-11-68; Ord. No.  495,  1, 7-22-G9; Ord. No.
704,  1(K), 5-12-70; Ord. No.  1062,  1, 9-28-71)
  Amendment noteOrd. No. 495,  1, amended  19-11) by deleting (a)
and substituting in lieu thereof the paragraph set out; by  substituting
"licensed private collector" in (c)  in lieu of "private garbage collector"
in the second sentence and by adding the word "special"  before the
word "permit" in the third sentence. Ord. No.  704,  1(K), amended (f)
by adding the provisions codified  as (f)(l). Ord. No.  1062,   1,  added
subsection (g) to  19-19.

Sec. 19-20.  Location permits.

   (a)  Application.  Any private  ^.arbage collector who has
secured a permit for the private collection of garbage, rubbish
or industrial  waste for either contract collection  or  special
owner collection and who on and after July 1, 19G8  desires
to secure a  permit t'_r the collection from  any particular lo-
cation or premises within the  City of Memphis shall  submit
an application for  such collection to the  collector of licenses
and  privileges for each location to be so collected. The appli-
cation shall include  the following information:
   (1)  The private collector's name and permit number.
   (2)  The  address  of  the  location where the  materials will
       be collected and the nature of the activity thereon.
   (3)  The  written approval of the request  for a location
       permit by the operator or owner of the activity on the
       premises at the location for which collection will  be
       made.
   (4)  The  character and description of the  materials to be
       collected.
   (5)  The proposed date the private collection is to begin.
   (6)  The  number of  collections anticipated per week  or
       month.
   (7)  Equipment to be used.
   (8)  The rate or charge to be imposed for the private collec-
       tion.
   (9)  Such other and further information as the director may
       require.
Supp. No. 19
                           804.10
                            130

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 19-20            GARBAGE AND TRASH              19-20

  At the time of making application for a private collector's
permit, the applicant may apply for location permits and the
private collection and location permits may be issued  simul-
taneously.

   (b) Investigation,  notice of refusal. The application shall
be forwarded to the director who shall cause an investigation
to be made of the facts stated in the application  and shall
authorize the issuance of the location permit within ten (10)
days of the filing thereof provided  he  makes the findings
required by this article. Whenever  the director refuses  the
location permit, he shall immediately notify the applicant in
writing of this refusal.

   (c) Fees, computation.  A  disposal  fee, as  set  forth  in
 section 19-9, and a  location permit fee shall  be charged to
 defray the  costs necessary to provide places of disposal  and
 the cos1 of  necessary inspections and maintaining the general
 cleanliness  of  the city. The fees shall be chargeable to the
 location,  collected by the  licensed  private collector  or the
 special private  collector and paid to the city by the tenth of
 the month following the month services were  provided by
 said collector. The  owner  or operator when he requests the
 issuance  of a  location  permit  for private collections  shall
 agree  to pay the location  permit fee and disposal fee to be
 collected by the private collectors as  provided herein. The loca-
 tion fee shall be  as  follows:

    (1) Fifty cents  ($0.50)  per apartment  per month  for
        apartment  buildings  and complexes.

    (2) Fifty cents'($0.50)  per commercial or industrial unit
        per month.

    (d) Renewals. The  location permit shall remain  effective
  without  express renewal  until such time as the conditions
  under which tl .1 application was  approved have  changed to
  such an extent as  to render the permit invalid with respect
  to the requirements of this section and section 19-18. When
  such location permits are determined by the director to bo
  invalid the director shall immediately notify the applies: t in
  Supp. No. 23
                            801.11
                           131

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 19-20          .     MEMPHIS CODE                 19-22

writing.  (Ord. No. 187, 6-11-68; Ord. No. 495,   1, 7-22-69;
Ord. No. 572,  1, 10-28-69; Ord. No. 704,  1(L), 5-12-70;
Ord. No. 1494,   1, 10-17-72)

Sec. 19-21. Nuisances prohibited, compliance with article re-
           quired.

  It shall be unlawful for any  person in  possession, charge
of or control of any premises to keep, cause to be kept,  or
allow the keeping on any premises within the corporate limits
of the City of Memphis of garbage or rubbish in such manner
that it will become offensive or deleterious to health or likely
to cause disease  and the same is  hereby declared a public
nuisance.  The  health department, police department  and
supervisory employees of the  sanitation services division are
hereby authorized  to inspect any  premises in the  City  of
Memphis and its police jurisdiction for the purpose of seeing
that the requirements of this  article are being complied with.
(Ord. No. 187, 6-11-68; Ord.  No. 704,  1(F), 5-12-70; Ord.
No. 1494,  1, 10-17-72)

Sec. 19-22. Interference with  containers.

   (a) No person other than the owner or  person lawfully in
control of any premises, or any authorized  employee of the
city or an authorized employee of a person licensed by the city
for the collection or removal of  garbage or rubbish, shall
interfere in any manner with a container used for the accumu-
lation or handling of garbage  or rubbish or remove any such
container from the location where  it shall have been placed
by the owner or  person lawfully in control of the  premises;
nor shall any such person remove the contents from any such
container.

   (b) It shall be unlawful for any person, firm or corporation
to deposit or permit or suffer its  agents, servants or employees
to deposit  household  or  commercial wastes  in  or  about the
anti-litter cans or like receptacles  provided by the city  in
various public places in the community. (Ord. No.  187, 6-11-
68;.,0rd. No. 704,  1(G), 5-12-70)
Supp. No. 23
                          804.12  
                          132

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 19-23             GARBAGE AND TRASH               19-26

Sec. 19-23. Place for disposal of waste materials.

  It shall be unlawful  for any person to dispose of or cause
to be disposed any garbage, rubbish or other waste materials
upon any property other than a garbage dump or sanitary
landfill so designated  by the city. (Ord. No.  187, 6-11-68)

Sec. 19-24. Littering prohibited.

  It shall be a  misdemeanor for  any person  to place any
garbage,  straw,  dirt,  chips, shells, nails,  iron,  glass, fruit
peelings,  melon rinds, paper, shavings, rags,  gravel, brick,
building debris or other rubbish or  other obnoxious substance
on any street, sidewalk, alley, public park, parkway, square or
other place in the city or on the property of another person,
or to violate  any of the requirements of sections 19-21, 19-22,
and 19-23, hereof.  (Ord. No. 187, 6-11-G8; Ord. No. 704, 
1(H), 5-12-70; Ord. No.  1494,  1,  10-17-72)
  Cross referencesProvisions of traffic reprulations relative to deposit
of glass, nails, etc., in streets,  23-15;  spilling rubbish from  vehicles,
 23-121; parks. Ch.  25; streets, Ch. 3G; duty of  property owners  to
keep sidewalks clear of trash,  36-104.

Sec. 19-25. Collection services subject to  health department
           regulations.

  The  handling-,  collection  and  disposition of all garbage,
refuse, rubbish and waste shall be subject to the regulations
of the department  of health which is charged  with the duty
of seeing to  it that the public health shall not  be endangered
in  the handling, storage or disposal  of such  refuse  matter.
 (Ord.  No. 187, 6-11-68)

Sec. 19-26. Sanitation  fund.

  All funds received by the City of  Memphis from the  garbage
feo  whether billed by utilities or collected by  the  City of
Mi. aphis for permit fee:? or location fees or  sanitary dump
fees shall be placed by 1  e comptroller of the City of Memphis
in a special fund entitled "Sanitation Service Fee". Said fund
shall be used solely by the City of Memphis  to pay for the
cost of sanitation  services including all salaries of the sani-
tation departnj-  it  and all necessary capital expenditures for
Supp. No. 23
                           804.13                  	
                            133

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  49-26                MEMPHIS CODE                 19-30

 equipment and all other necessary and .'reasonable charges for
 the sanitation department, it being the intention of this article
 as previously set forth  from its inception that  said  funds
 shall be used to defray the cost of collection and disposal of
 garbage and other refuse in the City of Memphis. (Ord. No.
 704,   1(1), 6-12-70)

 Sees. 19r27-19-28.  Reserved.

     Article  II. Permit  for  Collection  by 'Pushcart

 Sec. 19-29. Definition.

   For the purpose of this article, the term "pushcart" shall
 mean any pushcart, Wheelbarrow or other vehicle  which is
 not self?propelled.

 Sec. 19-30. Required.

   No person shall operate a pushcart'within the limits of the
 city for the purpose Of gathering garbage, paper, refuse  or
 other-discarded materials, without a^pennit from the chief of
;p6Uce.*(G0ae 1949,-$ 1344)
                         134

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 19-31             GARBAGE  AND TRASH             5 19-36

Sec. 19-31. Application generally.

  Application for the permit  required by this article shall be
made, in writing, to the chief of police. Such application shall
set forth the name, residence address, and business address,
if any,  age, color, weight,  color  of hair,  color of  eyes, and
citizenship of the applicant,  together with  a designation of
the purposes for which he  desires to operate such pushcart.
(Code 1949,  1345)


Sec. 19-32. Investigation of application.

  Upon the filing of an application for a permit under this
article, the chief of police shall make an investigation to ascer-
tain the truthfulness  of  the facts set forth therein. (Code
1949,   1345)

Sec. 19-33. Fee.

  For receiving and filing each  application for a permit under
this article, the chief of police  shall receive from each appli-
cant a fee of fifty cents ($0.50) which shall  be used to defray
the cost of issuing the  permit and tag and making  the neces-
sary  investigation. (Code 1949,  1346)


Sec. 19-34. Issuance.

   If  the chief of police is  satisfied that the applicant for  a
permit  under this article is  properly identified  and  desires
to operate a pushcai't for lawful purposes, he shall issue the
permit  for the operation of  such pushcart  between daylight
and dark only. (Code 1949,  1345)

Sec.  19-35. Term; contents.

   A permit issued under this article shall be valid for a period
of one year from date, and shall bear the name, residence ad-
dress, business address and other identification of  the holder
thereof, and the number of the permit.  (Cade 1945,  1345)
                             805
                           135

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S 19-36                MEMPHIS CODE                 19-41

Sec. 19-36. Renewal.

  Permits issued under this article may be renewed annually
by the chief of police,  upon the payment of a renewal fee of
twenty-five cents ($0.25) by the endorsement of the chief of
police thereon, noting such renewal. (Code 1949,  1347)

Sec. 19-37. Issuance of tag.

  With each permit issued under this article, the chief of
police shall issue a tag  for the pushcart covered by the permit,
such tag to bear the same identification number as the permit.
 (Code 1949,  1345)

Sec. 19-38. Permit to  be carried at all times;  tag  to be dis-
           played on vehicle.
  Each operator of  a  pushcart shall at all times  while en-
gaged  in the operation of same, carry his  permit  with him
and have securely affixed to the pushcart the tag issued to
him under this article. (Code 1949,  1348)

Sec. 19-39. Permits operation only between daylight and dark.
  No permit shall be issued to operate a pushcart before day-
light or after dark, and each permit shall clearly state that it
is to be  used only between daylight  and dark. (Code 1945,
 1349)

Sec. 19-40. Not transferable.
  No permit or tag issued  under this article shall be trans-
ferable.  It shall be  unlawful for any person other than the
permittee named therein to use,  exhibit or claim  to  be the
holder of such permit,  or for any lawful holder of such permit
to give away, lend or  attempt to transfer such permit to an-
other.  (Code 1949,  1349)

Sec. 19-41. Violation of terms.
  It shall be unlawful for any  person to operate a pushcart
 in violation of any of the terms or conditions of the  permil
 issued to him under this article. (Code 1949,  1349)
                           80f,
                           136

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       19-42             GARBAGE  AND  TRASH            g 19-43

      Sec. 19-42, Alteration.

        It shall be unlawful for any person other than the chief of
      police or his duly authorized  agent to change, remove or  ob-
      literate any entry  made upon a permit or tag issued under
      this article, (Code  1949,  1349)

      Sec. 19-43. Revocation.
        The chief of police may revoke any permit issued under
      this article for the violation of any of Ine terms and conditions
      of the permit, or for any violation of any of the provisions
      of this article, or for the violation of any other ordinance of
      the city or law of the state. The action of the chief of police
      in revoking such  permit shall be final unless the permittee
      appeals from the action of the chief of police to the board of
      commissioners within two (2) days after such revocation. In
      case of appeal, the permittee shall be notified of the time and
      place of hearing and shall be afforded an opportunity  to be
      heard and to  present witnesses. The board of commissioners
      shall make such order as the facts justify and its ruling shall
      be final and binding on all parties. When revoke.!1, the permit
      and tag issued shall be surrendered to  the  chief of police.
       (Code 1949,  1350)
GPO 883-865
                                 137

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