[Ord. No. 206, Sec. 1]
This ordinance shall be known and may be cited as the "Solid Waste Management Ordinance of Lincoln, Arkansas."
[Ord. No. 206, Sec. 2]
It is hereby declared to be the purpose of this ordinance to regulate the storage, collection, transportation, processing, recovery and disposal of solid waste in order to protect the public safety, health and welfare and to enhance the environment of the people of Lincoln, Arkansas, and the surrounding area.
[Ord. No. 206, Sec. 3]
For the purpose of this ordinance, the following words and phrases shall have the meaning given herein unless their use in the text of the ordinance clearly demonstrates a different meaning.
ABANDONED VEHICLE
A vehicle that applicable state laws deem to have been abandoned.
AGRICULTURAL SOLID WASTE
The solid waste that results from the rearing and slaughtering of animals and the processing of animal products and orchard and field crops.
BULKY WASTE
Items whose large size preclude or complicate handling by normal collection, processing or disposal methods.
COLLECTION
Act of removing solid waste from the central storage point at the source of generation to a disposal site.
COMMERCIAL ESTABLISHMENT
A dwelling unit in which some type of business or commerce is carried out on a regular basis.
COMMERCIAL SOLID WASTE
Solid waste material which has no effect on house fly and insect reproduction and which does not harbor rodents and which is generated in such a minimal volume as to necessitate collection no more often than once per week.
COMMERCIAL SOLID WASTE II
Solid waste which has an effect on house fly and insect reproduction or harbors rodents and is generated by stores, offices and other activities that do not turn out a product; which emanates from consumers where generation of solid waste requires collection not more than twice weekly.
COMMERCIAL SOLID WASTE III
Solid waste which has an effect on house fly and insect reproduction or harbors rodents and is generated by stores, offices and other activities that do not actually turn out a product; and which emanates from consumers whose generation of solid waste requires collection more often than twice weekly, but less than five times weekly.
COMMERCIAL SOLID WASTE IV
Solid waste which has an effect on house fly and insect reproduction or harbors rodents and is generated by stores, offices and activities that do not actually turn out a product; and which emanates from consumers whose generation of solid waste requires collection five times per week.
[Ord. No. 1988-6, Sec. 2]
CONTRACTOR
Any person, firm or corporation authorized by special permit to handle the collection and transportation of solid waste within the corporate limits of the City of Lincoln, Arkansas.
DEAD ANIMALS
Animals that have died from any cause except those slaughtered for human consumption.
DISPOSAL
The orderly process of discarding used or unwanted material.
DWELLING UNIT
Any structure which serves as self-contained primary housing or shelter for at least one family or business.
HAZARDOUS WASTE
Those wastes such as toxic or radioactive or pathogenic substances which require special handling to avoid illness or injury to persons or damage to property.
INDUSTRIAL SOLID WASTE
Solid waste that results from industrial process and manufacturing from firms which do business with other businesses or which is generated in such volume as to make classifications as a commercial category not feasible.
[Ord. No. 1988-6, Sec. 3]
INSTITUTIONAL SOLID WASTE
Solid waste originating from educational, health care and research facilities.
NATURAL RESOURCES
Materials which have useful physical or chemical properties which exist, unused, in nature.
PERSON
Any individual, partnership, copartnership, firm, company, public or private corporation, association, joint stock company, trust, estate or any other legal representative, agent or assigns.
POLLUTION
The condition caused by the presence in the environment of substances of such character and in such quantities that the quality of the environment is impaired or rendered offensive to life.
RECOVERED RESOURCES
Materials which still have useful physical or chemical property after serving a specific purpose and can therefore be reused or recycled for the same or other purpose.
RECYCLING
A process by which recovered resources are transformed into new products in such a manner that the original products lose their identity.
RENDERING
A process of recovering fatty substances from animal parts by heat treatment, extraction and distillation.
RESIDENTIAL SOLID WASTE
All solid waste that normally is generated in a residential environment. This definition applicable to the solid waste from a building of two or less separate units.
SALVAGE
The utilization of waste materials.
SANITARY LANDFILL
A site where solid waste is disposed using sanitary landfill techniques.
SCAVENGING
The uncontrolled removal of materials in solid waste management.
SCRAP
Discarded or rejected materials or parts of material that result from manufacturing operations and are suitable for reprocessing or recycling.
SOLID WASTE MANAGEMENT
The purposeful systematic control of the generation, storage, collection, transport, separation, processing, recovery and disposal of solid waste.
STORAGE
The interim containment of solid waste, in an approved manner, after generation and prior to ultimate collection and disposal.
TRANSPORT
The movement of solid waste subsequent to collection.
[Ord. No. 206, Sec. 4]
A. 
The Director shall be responsible for the management and administration of this ordinance and of rules and regulations established hereunder. The Mayor and the Recorder/Treasurer are hereby authorized to enter into contract or contracts for the collection of solid waste within the corporate limits of Lincoln, Arkansas.
B. 
The Mayor is further directed to enter into an agreement for the leasing of property necessary to comply with solid waste disposal requirements imposed on the City by the Arkansas Pollution Control Commission.
C. 
The Director is hereby authorized to issue permits to persons engaged in the transporting and collection of solid waste materials subject to the approval of the City Council.
1. 
All permits so issued shall be conditioned upon observance of the laws of this state, the ordinances of this governing body and rules and regulations authorized herein. All contracts entered into by the Mayor and Recorder/Treasurer under this ordinance shall meet the following minimum requirements:
a. 
Be with the consent of the legislative body of the municipality.
b. 
Prior approval of the City Attorney.
c. 
Meet the insurance requirements of this ordinance and other related ordinances.
d. 
Be awarded to the lowest bidder.
e. 
Show full details of ownership of the successful bidder including names and addresses of all principals, or officer and majority stockholders, if a corporation.
2. 
Private contractor regulation. The City Council shall determine the number of contractors needed to efficiently serve the municipality and the Director shall issue permits to the contractor or contractors who are found to be qualified to meet the needs of the municipality. Nothing in this ordinance shall prevent one contractor from serving the entire municipality.
3. 
Permit for the storage, transport, processing, and disposal of solid waste: The Director shall prepare the application forms for the permits which shall require the following information:
a. 
The name and address of the applicant, showing its legal identity.
b. 
The business address of the applicant.
c. 
The types of waste to be covered by the permit. The method of storage, transport and disposal.
d. 
Proof of insurance required by this ordinance and applicable state laws or private contracts.
e. 
The location and type of processing and/or disposal contemplated.
f. 
Information required to demonstrate compliance with Occupational Safety and Health and environmental protection laws of federal and/or state government.
D. 
License required. The City Council hereby expressly declares that no person, firm or corporation shall collect or transport solid waste without first obtaining a license from the City. The cost of such license shall be $50 payable in advance on or before January 1 of each calendar year.
E. 
Director. There is hereby created the position of Solid Waste Management Director, who shall be responsible for enforcement of the provisions of this ordinance and the rules and regulations promulgated in furtherance hereof. The Director shall be responsible for supervision of employees of the department and execution of the policies set by the Mayor and City Council.
[1]
Editor's Note: Former § 5.20.05, Solid Waste Management Advisory Board, adopted by Ord. No. 206, was repealed 2-23-2017 by Ord. No. 2017-2.
[Ord. No. 206, Sec. 6; amended by Ord. No. 86-4; 2-23-2017 by Ord. No. 2017-2]
All residential and nonresidential solid waste shall be collected at sufficient intervals to protect the environment, provided that such solid waste shall be collected no less often than once per week, weather permitting.
[Ord. No. 221, Sec. 2]
A. 
Residential. Each private residence within the solid waste pickup area of the City of Lincoln is authorized two approved containers, not to exceed 35 gallons or 50 pounds per container, or two plastic bags, not to exceed 35 gallons or 50 pounds per bag. If a residence puts out additional containers, bags or a combination thereof for pickup, each container or bag shall be subject to an additional fee as set forth in the current schedule of solid waste collection rates, currently codified at § 5.20.13. The City will only pick up additional bags or containers on the following conditions:
[Amended 2-20-2018 by Ord. No. 2018-3]
1. 
Each individual bag or container shall not exceed 35 gallons in volume or 50 pounds in weight;
2. 
Each individual bag or container shall also be approved; and
3. 
The City's solid waste vehicle is capable of handling the extra volume.
Residents moving will be authorized one pick-up of not more than 10 cardboard boxes per move without additional charge.
[Ord. No. 221, Sec. 12]
B. 
Non-residential. All occupants of non-residential premises shall provide sufficient number of containers approved by the Director for the storage of solid waste which they generate and shall place all solid waste therein, other than those wastes which do not require containerized storage.
C. 
The owners of all reusable containers will maintain them and the adjacent area in a nuisance-free and odor-free condition. All reusable containers incapable of meeting the definition of approved containers shall be considered waste and shall be placed in the collection vehicle by the City.
[Ord. No. 221, Sec. 4]
Non-bulky waste shall be picked up provided there are not over two non-bulky items per pick-up, this includes such items as brush, vegetable garden and flower garden waste and weeds. All such items must be tied in bundles of not over five feet in length, and not over 55 pounds in weight. There will be an additional charge of $0.25 for each additional bundle, provided, however, the capacity of the solid waste truck is able to handle such items.
[Ord. No. 206, Sec. 9]
All bulky items shall be stored within the residence of the owner. The Director shall be notified by each resident of the type and location of items of bulky waste to be collected and shall make the same available for pick-up according to rules and regulations to be established by the Director under the regulatory authority of § 5.20.04 of this ordinance.
[Ord. No. 206, Sec. 10]
Any resident who has, or finds a dead animal on his premises or on the public right-of-way near his premises, shall promptly notify the Animal Control Officer of its location and type and shall make such remains available for collection and disposal.
[Ord. No. 206, Sec. 11]
All solid waste collection shall be carried out by the City or a person licensed to do business in the City of Lincoln.
[Ord. No. 01-2, Sec. 1]
Collection of trash and litter on public streets and alleys shall also be carried out under the supervision of the City Solid Waste Department of the City.
[Ord. No. 2007-13, Sec. 2; amended 2-20-2018 by Ord. No. 2018-3; 4-19-2022 by Ord. No. 2022-15; 11-15-2022 by Ord. No. 2022-38; 12-19-2023 by Ord. No. 2023-36; 1-16-2024 by Ord. No. 2024-02]
A. 
Residential units.
One time per week; 95-gallon contractor-supplied cart
$14.95 per month
B. 
Commercial establishments.
One time per week:
95-gallon contractor-supplied cart
$25 per month
2-yard contractor-supplied dumpster
$90 per month
4-yard contractor-supplied dumpster
$130 per month
6-yard contractor-supplied dumpster
$145 per month
8-yard contractor-supplied dumpster
$180 per month
Two times per week:
2-yard contractor-supplied dumpster
$125 per month
4-yard contractor-supplied dumpster
$205 per month
6-yard contractor-supplied dumpster
$225 per month
8-yard contractor-supplied dumpster
$265 per month
C. 
Effective date of sanitation fees. The effective date of the sanitation fees, as amended in this section, shall be December 13, 2023.
[Ord. No. 206, Sec. 15]
A. 
The City may place red warning tags furnished by the City on containers which do not comply with the provisions of this ordinance or rules promulgated hereunder. Any person, firm or corporation which allows the said red tag to remain more than 15 days without replacing the container with one which meets the requirements of this ordinance shall be in violation of this ordinance. After 15 days, such a container shall be deemed waste and the Director may act pursuant to § 5.20.07C and all penal sanctions set forth herein shall be applicable.
B. 
Any person, firm or corporation which shall fail to pay the service charge assessed by the City on or before the date on which it is due shall be in violation of the provisions of this ordinance.
C. 
In addition to the authority vested by other provisions hereof, the City may stop water, sewer and sanitation service to persons who fail, refuse or neglect to pay the service charge fixed by this ordinance.
[Ord. No. 206, Sec. 16]
No person shall dump any trash or litter on any public or private tract of real property within the corporate limits of the City of Lincoln. No person shall litter the streets, alleys and public rights-of-way in the City of Lincoln with cans, bottles, boxes, paper or other loose waste. No person shall burn or cause to be burned any trash, refuse, litter or other forms of solid waste unless it is expressly allowed by Arkansas law.
[Ord. No. 206, Sec. 17]
The Solid Waste Management and Disposal Code of the state of Arkansas is hereby adopted and incorporated herein by reference as if it had been set forth in full herein.
[Ord. No. 206, Sec. 18]
The City Court shall have original jurisdiction in all prosecutions arising out of the enforcement of this ordinance. Any person found guilty of violating any provisions hereof shall be fined a sum of not less than $10 nor more than $100. Each day a person, firm or corporation is in violation of any provision of this ordinance shall be deemed a separate offense.