[Ord. No. 2731 §1, 9-15-2009]
Persons hauling waste and persons employed by waste haulers
shall maintain the vehicles and mobile waste containers in a safe,
clean and sanitary condition. The vehicles and containers used shall
be constructed, maintained and operated so as to prevent waste from
spilling or blowing from the vehicle or container. The vehicles or
containers shall have spill-proof bodies and shall have either covers
which are an integral part of the vehicle or container or shall have
separate covers with fasteners securing all sides of the cover to
the vehicle or container. The covers shall be secured whenever the
vehicle or container is transporting waste which is capable of blowing
from the vehicle or which in fact does blow from the vehicle. No waste
shall be transported in hoppers designed for loading waste into the
vehicle or container. The name of the operator of the waste transportation
vehicle or mobile container shall be displayed prominently on the
motor vehicle or mobile container. It is the duty of every waste hauler
and employee or agent of a waste hauler operating a vehicle or using
a container to assure compliance with this Section.
[Ord. No. 2731 §1, 9-15-2009]
[Ord. No. 2731 §1, 9-15-2009]
No person shall haul infectious, hazardous or special waste
in a waste transportation vehicle or mobile container used for or
containing waste which is not infectious, hazardous or special waste,
as the case may be, or which is not a waste transportation vehicle
or mobile container which can safely transport waste of such kind.
No person shall collect or transport waste which has been clearly
identified as infectious, hazardous or special waste or which such
person has reason to know is in fact infectious, hazardous or special
waste, unless such person has the capability to legally and safely
transport and dispose of the waste at an appropriate waste treatment
facility.
[Ord. No. 2731 §1, 9-15-2009]
A.
Waste
spilled or blown during the transportation of waste shall be recollected
immediately and placed in the transportation vehicle or mobile container
by the employees of the waste hauler or by the person transporting
the waste, whether or not such person is engaged in the business of
hauling waste and whether or not the vehicle is licensed or required
to be licensed under this Chapter.
B.
Waste
spilled or blown during the movement of waste from the point of collection
into the waste transportation vehicle shall be immediately recollected
and placed in the transportation vehicle by the waste hauler.
C.
It
shall be the joint and severally responsibility of the waste hauler
and person(s) collecting and/or transporting the waste to comply with
the provisions of this Section.
[Ord. No. 2731 §1, 9-15-2009]
Waste shall not be stored within the City in any waste transportation
vehicle overnight without the written consent of the City. No transportation
vehicle that contains waste or that has not been washed clean of waste
shall be parked within the City for more than twelve (12) hours without
written consent of the City.
[Ord. No. 2731 §1, 9-15-2009]
No waste hauler shall hereinafter enter into an agreement with
any person responsible for waste disposal on a residential premise
without agreeing to provide collection of major appliances/large household
items from the residential premises if requested. The waste hauler
shall give such persons responsible for waste disposal on residential
premises reasonable notice of the time of any collection of such residential
waste.
[Ord. No. 2731 §1, 9-15-2009]
Waste haulers or generators who spill special, hazardous or
infectious waste shall notify the Mayor, City Administrator, the County
Police/Sheriff and the appropriate State and Federal authorities immediately
and shall remove the waste in a manner consistent with all Federal,
State and local regulations as soon as practicable. In the event of
a spill, the waste hauler, in compliance with its procedures, shall
to the extent possible and safe, contain the flow of hazardous waste.
The waste hauler shall be responsible to, as soon as is practicable,
clean up the hazardous waste and any contaminated materials or soil
and shall be responsible for all associated cost of the cleanup.
[Ord. No. 2731 §1, 9-15-2009]
Each waste hauler licensed to provide residential solid waste
collection in the City shall pick up solid waste at least once (1)
per week, unless otherwise increased by license agreement. Notwithstanding
the foregoing, the City's licensed waste hauler may suspend waste
collection services for any residential property that has failed to
pay for solid waste collection services in violation of this Code
for more than two (2) months. Any such suspension shall be requested
in writing to the City within fourteen (14) days.
[Ord. No. 2731 §1, 9-15-2009]
A.
Residential Areas. No person licensed to collect waste within
the residential areas of the City shall do so at any time except between
the hours of 6:00 A.M. and 6:00 P.M., Monday through Saturday, except
as may be authorized by the exclusive license agreement.
B.
Non-Residential Areas. No person licensed to collect non-residential
waste within the City shall do so at any time except between the hours
of 6:00 A.M. and 6:00 P.M., Monday through Saturday, in any area within
five hundred (500) feet of a residence.
[Ord. No. 2731 §1, 9-15-2009]
No person shall deposit waste on any real estate or permit waste
to be deposited on any real estate for which there is no valid and
current license for the operation of a sanitary landfill, demolition
landfill, waste processing facility or transfer station issued by
the Board of Aldermen or other appropriate governmental body.
[Ord. No. 2731 §1, 9-15-2009]
A.
In prosecution of a defendant for a violation of Section 240.450, the prosecution shall make a prima facie case upon a showing that:
1.
Waste has been deposited on real estate which does not have the license described in Section 240.450; and
2.
The waste deposited contains at least three (3) pieces of waste which
uniquely identify the defendant or other evidence directly connecting
the depositing of the waste to the person charged.
[Ord. No. 2731 §1, 9-15-2009]
It is unlawful and declared a public nuisance for any owner,
agent, custodian, lessee, occupant or tenant of any real estate property
abutting any public street, right-of-way or land area dedicated for
use as a public street within the City to allow the existence of any
accumulations of waste, debris, rubbish, waste, garbage, refuse, garden
waste or junk between the paved surface of any public street or alley
intended or designed for vehicular traffic and the property line of
the abutting real estate.
[Ord. No. 2731 §1, 9-15-2009]
Every person charged with a violation of this Chapter shall,
upon conviction, be fined not less than five dollars ($5.00) nor more
than five hundred dollars ($500.00) or be imprisoned for a period
of not more than ninety (90) days, or both such fine and imprisonment.
Every day such violation exists may be considered a separate offense.
Each violation shall be considered a separate offense.
