[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.
A vehicle that applicable state laws deem to have been abandoned.
The solid waste that results from the rearing and slaughtering
of animals and the processing of animal products and orchard and field
crops.
Items whose large size preclude or complicate handling by
normal collection, processing or disposal methods.
Act of removing solid waste from the central storage point
at the source of generation to a disposal site.
A dwelling unit in which some type of business or commerce
is carried out on a regular basis.
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.
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.
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.
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]
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.
Animals that have died from any cause except those slaughtered
for human consumption.
The orderly process of discarding used or unwanted material.
Any structure which serves as self-contained primary housing
or shelter for at least one family or business.
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.
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]
Solid waste originating from educational, health care and
research facilities.
Materials which have useful physical or chemical properties
which exist, unused, in nature.
Any individual, partnership, copartnership, firm, company,
public or private corporation, association, joint stock company, trust,
estate or any other legal representative, agent or assigns.
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.
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.
A process by which recovered resources are transformed into
new products in such a manner that the original products lose their
identity.
A process of recovering fatty substances from animal parts
by heat treatment, extraction and distillation.
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.
The utilization of waste materials.
A site where solid waste is disposed using sanitary landfill
techniques.
The uncontrolled removal of materials in solid waste management.
Discarded or rejected materials or parts of material that
result from manufacturing operations and are suitable for reprocessing
or recycling.
The purposeful systematic control of the generation, storage,
collection, transport, separation, processing, recovery and disposal
of solid waste.
The interim containment of solid waste, in an approved manner,
after generation and prior to ultimate collection and disposal.
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.
