The purpose of this article is to protect the health, safety,
and general welfare of the citizens; to enhance and maintain the quality
of the environment; to conserve natural resources and to prevent water
and air pollution; to gain management control over solid waste; and
to enable the reclamation of natural resources, including energy,
from solid wastes by providing for a comprehensive, rational and effective
means of regulating the disposal of solid waste generated in the City.
The regulations set forth herein are intended to regulate the stream
of acceptable wastes within the City and to be delivered directly
or through the City's transfer station to the energy recovery facility,
as defined herein. Nonacceptable wastes, as defined herein, are regulated
by other provisions of the City's ordinances and shall be disposed
of in accordance with them.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
ACCEPTABLE WASTE
All solid wastes generated within the City of the type accepted
at the Sandy Hill municipal landfill prior to the adoption of this
article, including ordinary household, municipal, institutional, commercial
and industrial wastes, with the following exceptions:
A.
Demolition or construction debris, including tree stumps.
B.
Liquid wastes or sludges, including waste oil and water treatment
residues.
C.
Hazardous, infectious, or pathological wastes, including dead
animals or portions thereof and those wastes generated by hospitals,
health care facilities, and laboratories, as defined in the Standard
Industrial Classification Manual.
D.
Discarded white goods, such as refrigerators and stoves, and
furniture containing metal frames and springs.
E.
Abandoned or junked vehicles.
F.
Wastes averaging less than 4,000 Btu's per pound.
G.
Those wastes which the public works authority determines are
unsuitable for processing at the energy recovery facility.
COLLECTION FACILITY
A building, container, or designated area in which acceptable
waste is deposited and temporarily stored for shipment to the energy
recovery facility.
DISPOSAL
The discharge, deposit, dumping or placing of any solid waste
into or on any land.
ENERGY RECOVERY FACILITY
The facility designated herein which processes and recovers
energy and/or useful materials from acceptable waste generated within
the City.
HAZARDOUS WASTE
Waste with inherent properties that make it dangerous to
manage by ordinary means, including, but not limited to, chemicals,
explosives, pathological wastes, radioactive, toxic, or other wastes
defined as hazardous by the state, by the Resource Conservation and
Recovery Act of 1976, as amended, and by any other federal, state, or local
law, order, or regulation promulgated with respect thereto.
RESOURCE RECOVERY
The recovery of materials and substances that still have
useful physical or chemical properties after serving a specific purpose
and which can be reused or recycled for the same or other purposes.
SOLID WASTE
Unwanted, useless, or discarded solid materials with insufficient
liquid content to be free-flowing, including rubbish, garbage, scrap
materials, junk, and refuse, but not including septic tank sludge.
[Amended 2-19-1991; 7-6-2009]
(Reserved)
The accumulation, collection, transportation, and disposal of
acceptable waste generated within the municipality shall be deposited
at the collection facility or directly at the energy recovery facility.
The following categories of waste shall be exempted from regulation
by this article:
A. Glass, metal, or other noncombustible materials which are separated
from acceptable waste by the generator as part of a recycling program.
B. Materials from manufacturing, processing, or packaging operations
which are segregated from solid waste and salvaged for alternate use
or reuse by the generator or sold to third parties.
C. Cardboard, paper, or other combustible materials which are separated
from acceptable waste by the generator as part of a recycling program
approved by the municipal officers, provided that any such recycling
program shall not reduce the Btu content of acceptable waste below
the level acceptable to the energy recovery facility.
This article shall be administered by the municipal officers,
whose powers and duties shall include the following:
A. The authority to adopt reasonable rules and regulations as needed
to enforce this article.
B. The authority to enter contracts for the use of collection and disposal
facilities, subject to contractual obligations to the energy recovery
facility.
C. The authority to review all license applications and to grant or
deny approval.
D. The responsibility to review any alleged violation of this article
and to impose appropriate penalties therefor after notice and hearing,
and to otherwise institute proceedings, either at law or equity, to
enforce this article.
Any license application may be denied, and any license issued
may be suspended for 30 days by the Director of Public Services or
may otherwise be suspended or revoked by order of the municipal officers,
after benefit of a full hearing, for the following causes:
A. Violation of this article, e.g., disposal of wastes at an unapproved
facility, knowingly or carelessly disposing of unacceptable waste
at the collection facility or energy recovery facility, or unauthorized
disposal of wastes from another municipality into the City facility.
B. Violation of any provision of federal, state, or other municipal
law, ordinance, or regulation relating directly to the provisions
of this article.
C. Violation of any license condition.
D. Falsehoods, misrepresentations, or omissions in the license application.
E. Failure to make timely payment of per-load charges.