[Adopted 12-20-1973 (Ch. 88, Art. I, of the 1990 Code)]
This article shall be known as the "Solid Waste Disposal Ordinance."
A.Â
ASHES
DISPOSAL
GARBAGE
PERSON
PREMISES
REFUSE
RESPONSIBLE AUTHORITY
RUBBISH
As used in this article, the following terms shall have the meanings
indicated:
The residue resulting from the burning of wood, coal, coke
or other combustible material.
Includes the storage, collection, disposal or handling of
refuse.
All animal and vegetable wastes resulting from the handling,
preparation, cooking or consumption of foods.
Includes any natural person, association, partnership, firm
or corporation.
Land, building or other structure, vehicle, watercraft or
parts thereof upon or in which refuse is stored.
All solid wastes, except body wastes, and shall include garbage,
ashes and rubbish.
The legally designated authority of the County of Carroll
who shall be authorized and directed to implement and enforce the
provisions of this article, or his authorized representative.
Includes glass, metal, paper, plant growth, wood or nonputrescible
solid wastes.
B.Â
Other. The singular shall include the plural, and the masculine shall
include the feminine and the neuter.
A.Â
Refuse service charges within the County of Carroll, for the purpose
of financing the establishment, maintenance and operation of refuse
collection systems or refuse disposal methods and sites, are hereby
levied in accordance with the following schedules:
(1)Â
The rate of charge to each household dwelling for the collection
and disposal of refuse shall be in accordance with the following schedule:
at a rate to be established by the Board of Supervisors of Carroll
County, its agent or duly appointed commission, pursuant to the terms
and conditions of any franchise granted under the provisions of this
article.
(2)Â
The rate of charge to each institution, business and industrial establishment
for the collection and disposal of refuse, including bulk refuse containers,
shall be in accordance with the following schedule: at a rate to be
established by the Board of Supervisors of Carroll County, its agent
or duly appointed commission, pursuant to the terms and conditions
of any franchise granted under the provisions of this article.
B.Â
Such refuse service charge shall be collected by the person acting
pursuant to the permission of or contract with the Board of Supervisors
of Carroll County.
A.Â
Permits and licenses.
(1)Â
It shall be unlawful for any person who does not possess an unrevoked
permit from Carroll County to engage in the business of solid waste
collection or refuse disposal for compensation in Carroll County.
The County of Carroll may issue permits for such applicants, provided
that such permits shall be limited to persons having proper equipment
and personnel to collect and dispose of refuse in accordance with
the provisions of this article, and provided further that the method
of disposal used is in accordance with the recommendations of the
Department of Waste Management, Virginia State Health Department,
and regulations promulgated thereunder.
(2)Â
The fee for such license shall be $25 per annum, and all licenses
shall be issued for the calendar year or such part thereof as shall
remain after the issuance. There shall be no reduction in the fee
for a license issued after the beginning of any calendar year.
(3)Â
Every person who shall apply for a license under this section shall
state the type or types of refuse to be collected, the manner of collection
and the place and method of disposal.
(4)Â
No license shall be granted if the place and method of disposal shall
not conform to the requirements of this article or to the ordinance
of any municipal or quasi-municipal corporation wherein disposal of
refuse is to be made.
(5)Â
It shall be unlawful to permit an unlicensed collector to collect
or remove refuse from a household, institution or commercial enterprise.
(6)Â
In the event that the holder of any permit hereunder shall fail to
abide by or conform to any requirements of the Carroll County Health
Department, then and in that event, and upon complaint of the Carroll
County Health Department, any permit issued hereunder may be revoked
by the Board of Supervisors of Carroll County, its agent or duly appointed
commission, without notice to the holder of such permit.
B.Â
However, in the event that the Board of Supervisors of Carroll County
grants an exclusive franchise to any person for the collection and
disposal of refuse, the provisions of this section shall not apply
while such franchise is in effect.
A.Â
It shall be unlawful for any person to place or deposit upon the
premises of others, without the owner's written permission, any
refuse, garbage, ashes or rubbish.
B.Â
The owner or his agent or the occupant of any premises within the
County of Carroll shall make arrangements for the collection or disposal
of all refuse, garbage, ashes or rubbish in compliance with the laws
and regulations of the Commonwealth of Virginia and the State Department
of Health.
C.Â
It shall be unlawful to place solid waste in any street, alley, road,
stream, body of water or any other public place.
A.Â
Any person contracting with the holder of a refuse collection franchise
shall comply with the following; provided, however, that this section
does not apply where removable bulk refuse containers are provided
under contract with a franchise agent or where the County provides
removable bulk refuse containers:
(1)Â
Garbage shall be drained and wrapped.
(2)Â
All refuse shall be stored in durable metal or approved plastic watertight
and easily washable containers which have close-fitting lids and adequate
handles to facilitate collections. Such containers shall be not less
than 10 gallons nor more than 32 gallons in capacity for households
nor more than 50 gallons in capacity for businesses or multifamily
apartments or dwellings.
B.Â
It shall be unlawful to permit refuse, except bulky rubbish, to accumulate
on any premises except in containers which are approved by the Board
of Supervisors of Carroll County in accordance with the specifications
contained in this section.
C.Â
Ashes containing hot embers shall not be placed in containers for
collection.
D.Â
Each household, commercial establishment or person having solid waste
shall provide himself with approved solid waste containers and shall
place and keep all solid waste therein.
E.Â
Bulky rubbish, rubbish which includes tree trimmings, must be cut
in lengths not to exceed 36 inches nor six inches in diameter and
weigh not more than 40 pounds. It shall be placed in neat stacks at
approved collection points.
The following refuse shall be considered to be not acceptable
for collection by the Board of Supervisors of Carroll County, its
agent or duly appointed commission or any person holding a franchise
for the collection of the same:
A.Â
Dangerous materials or substances, such as poisons, acids, caustics,
infected materials and explosives.
B.Â
Unusual quantities of materials resulting from the repair, excavation
or construction of buildings or structures, such as earth, plaster,
mortar and roofing materials.
C.Â
Materials which have not been prepared for collection in accordance
with these regulations.
A.Â
The Board of Supervisors of Carroll County or its authorized agent or the holder of a franchise for the collection of refuse shall collect all refuse acceptable for collection, as provided for in § 201-6, from all single-family dwellings and from all multifamily or apartment dwellings and from such industrial and commercial businesses as wish to contract for the services provided and as approved by the Carroll County Health Department.
B.Â
Each permit or franchise issued hereunder shall provide and contain
a description of the area to be served.
A.Â
All household refuse shall be collected by the Carroll County Board
of Supervisors or the holder of a franchise for that purpose at least
one time each week, unless otherwise agreed upon by the County or
its franchise agent.
B.Â
Commercial and industrial waste collections shall be made as required
in order to comply with regulations of the Carroll County Health Department.
C.Â
Collections shall not be made on the following holidays, unless otherwise
specified by the Carroll County Board of Supervisors: Sundays and
national holidays.
All refuse to be collected by the Board of Supervisors of Carroll
County, its agent or duly appointed commission or the holder of a
franchise for the collection of the same shall be placed in approved
containers beside a public road on the day of collection only, unless
otherwise agreed upon by the County of Carroll or its franchise agent.
Vehicles used by any person for transporting or removing refuse
shall prevent refuse from leaking, spilling or being blown or hurled
from or deposited upon any street or public way during loading or
while in transit.
[Amended 8-8-1990; 11-14-2013]
Any person who shall violate any provision of this article,
upon conviction, shall be guilty of a Class 1 misdemeanor, and each
day's failure to comply with any such provision shall constitute a
separate violation, and such violation shall additionally be subject
to injunctive relief in a state court of competent jurisdiction.