[Prior Code, § 430.010]
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
An incinerator which complies with all current regulations
of the State Air Conservation Commission.
Non-putrescible solid wastes consisting of combustible and/or
noncombustible waste materials from dwelling units, commercial, industrial,
institutional or agricultural establishments which are either too
large or too heavy to be safely and conveniently loaded in solid waste
collection vehicles by solid waste collectors with the equipment available
therefor.
The removal and transportation of solid waste from its place
of storage to its place of processing or disposal.
Waste materials from the construction or destruction of residential,
industrial or commercial structures.
The director of the solid waste management program of the
City, or his or her authorized representative.
A disposable plastic or paper sack with a capacity of 20
to 35 gallons specifically designed for storage of solid wastes.
Any room or group of rooms located within a structure, and
forming a single habitable unit with facilities which are used, or
are intended to be used, for living, sleeping, cooking and eating.
Putrescible animal or vegetable wastes resulting from the
handling, preparation, cooking, serving or consumption of food.
Include but are not limited to:
A housing facility containing more than one dwelling unit
under one roof.
Any person who, alone or jointly or severally with others,
shall be in actual possession of any dwelling unit or of any other
improved real property, either as owner or as a tenant.
Any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, political
subdivision or organization of any kind, or their legal representatives,
agent or assigns.
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
Solid waste.
Unwanted or discarded waste materials in a solid or semi-solid
state, including but not limited to: garbage, ashes, street refuse,
rubbish, dead animals, animal and agricultural wastes, yard wastes,
discarded appliances, special wastes, industrial wastes, demolition
and construction wastes.
COMMERCIAL SOLID WASTESolid waste resulting from the operation of any commercial, industrial, institutional or agricultural establishment, and multiple housing facilities with more than one dwelling unit.
RESIDENTIAL SOLID WASTESolid waste resulting from the maintenance and operation of dwelling units, excluding multiple housing facilities with more than one dwelling unit.
Receptacle used by any person to store solid waste during
the interval between solid waste collections.
The process of discarding or getting rid of unwanted material,
in particular the final disposition of solid waste by humans.
The entire solid waste system of storage, collection, transportation,
processing and disposal.
Keeping, maintaining or storing solid waste from the time
of its production until the time of its collection.
Grass clippings, leaves, tree trimmings.
[Prior Code, § 430.020; Penalty, see § 52.99]
(A)
The occupant of every dwelling unit and of every institutional, commercial
or business, industrial or agricultural establishment producing solid
waste within the corporate limits of the City, shall provide sufficient
and adequate containers for the storage of all solid waste except
bulky rubbish and demolition and construction waste to serve each
such dwelling unit and/or establishment, and to maintain such solid
waste containers at all times in good repair.
(B)
The occupant of every dwelling unit and of every institutional, commercial,
industrial, agricultural or business establishment shall place all
solid waste to be collected in proper solid waste containers, except
as otherwise provided herein, and shall maintain such solid waste
containers and the area surrounding them in a clean, neat and sanitary
condition at all times.
(C)
Residential solid waste shall be stored in containers of not more
than 35 gallons nor less than 20 gallons in nominal capacity, unless
larger residential containers are provided by a licensed solid waste
hauler. Containers shall be leakproof and fitted with a fly-tight
lid and shall be properly covered at all times except when depositing
waste therein or removing the contents thereof. The containers shall
have handles, bails or other suitable lifting devices or features.
Containers shall be of a type originally manufactured for residential
solid waste, with tapered sides for easy emptying, they shall be of
light weight and sturdy construction. The weight of any individual
container and contents shall not exceed 100 pounds, unless otherwise
provided by the licensed solid waste hauler. Galvanized metal containers,
rubber or fiberglass containers, and plastic containers which do not
become brittle in cold weather may be used. Disposable solid waste
containers with suitable frames or containers as approved by the Director
may also be used for storage of residential solid waste.
(D)
Commercial solid waste shall be stored in solid waste containers
as approved by the Director. The containers shall be waterproof, leakproof
and shall be covered at all times except when depositing waste therein
or removing the contents thereof.
(E)
Tree limbs less than four inches in diameter and brush shall be securely
tied in bundles not larger than 48 inches long and 24 inches in diameter
when not placed in storage containers. The weight of any individual
bundle shall not exceed 75 pounds.
(F)
Yard wastes shall be stored in containers so constructed and maintained
as to prevent the dispersal of wastes placed therein upon the premises
served, upon adjacent premises or upon adjacent public rights-of-way.
The weight of any individual container and contents shall not exceed
75 pounds.
(G)
Solid waste containers which are not approved will be collected together
with their contents and disposed of.
[Prior Code, § 430.030; Ord. 0908, passed 10-5-2009; Penalty, see § 52.99]
(A)
The Board of Aldermen shall provide for the collection of solid waste
as follows.
(1)
Collection of residential waste. The City shall provide for
the collection of all residential solid waste in the City, provided,
however, that the City may provide the collection service by contract
with a person, county or other City or a combination thereof, for
the entire City or portions thereof, as deemed to be in the best interests
of the City.
(2)
Other collections. The City may, at its discretion, provide
commercial solid waste collection services upon specific application
of the owners or persons in charge thereof. However, in the event
that such application is not made or approved, it shall be the duty
of such establishment to provide for collection of all solid waste
produced upon any such premise.
(3)
Requirement of households to use service. Whenever the City
shall contract for residential trash service, as provided herein,
every household to which such collection is or becomes available is
required to use such service, and will be billed therefor, and will
not be permitted to dispose of such solid wastes otherwise without
specific permission of the Board of Aldermen.
(B)
All solid waste from premises to which collecting services are provided
by the City shall be collected, except bulky rubbish as defined herein,
provided however, that bulky rubbish will be collected if tied securely
in bundles not exceeding reasonable limitations of weight and bulk
to be fixed by regulations to be made and promulgated by the Director
as hereinafter provided. All solid waste collected shall, upon being
loaded into collection equipment, become the property of the collection
agency.
(C)
Tree limbs and yard wastes, as described in § 52.02(E)
and (F) respectively, shall be placed at the curb for collection.
Solid waste containers as required by this section for the storage
of other residential solid waste shall be placed at the curb for collection.
Any solid waste containers, tree limbs, yard waste or other solid
wastes permitted by this chapter to be placed at the curb for collection
shall not be so placed until the regularly scheduled collection day.
(D)
Bulky rubbish shall be collected by request to the Director. The
Director shall establish the procedure for collecting bulky rubbish.
(E)
Solid waste collectors, employed by the City or a solid waste collection
agency operating under contract with the City, are hereby authorized
to enter upon private property for the purpose of collecting solid
waste therefrom as required by this chapter. Solid waste collectors
shall not enter dwelling units or other residential buildings for
the purpose of collecting residential solid waste. Commercial, solid
waste may be removed from within commercial establishments upon written
request of the owner and approved by the Director.
(F)
All residential solid waste, other than bulky rubbish, shall be collected
at least twice weekly. At least 24 hours shall intervene between collections.
All commercial solid waste shall be collected weekly, and shall be
collected at such lesser intervals as may be fixed by the Director
upon a determination that such lesser intervals are necessary for
the preservation of the health and/or safety of the public.
(G)
Residential solid waste containers shall be stored upon the residential
premises. Commercial solid waste containers shall be stored upon private
property, unless the owner shall have been granted written permission
from the City to use public property for such purposes. The storage
site shall be well drained, fully accessible to the collection equipment,
public health personnel and fire inspection personnel.
(H)
All collection vehicles shall be maintained in a safe, clean and
sanitary condition and shall be so constructed, maintained and operated
as to prevent spillage of solid waste therefrom. All vehicles to be
used for collection of solid waste shall be constructed with water-tight
bodies and with covers which shall be an integral part of the vehicle
or shall be a separate cover of suitable material with fasteners designed
to secure all sides of the cover to the vehicle and shall be secured
whenever the vehicle is transporting solid waste, or, as an alternate,
the entire body thereof shall be enclosed, with only loading hoppers
exposed. No solid waste shall be transported in the loading hoppers.
(I)
Permits shall not be required for the removal, hauling or disposal
of earth and rock material from grading or excavation activities,
however, all such material shall be conveyed in tight vehicles, trucks
or receptacles, so constructed and maintained that none of the material
being transported shall spill upon the public right-of-way.
(J)
Transportation and disposal of demolition and construction wastes
shall be in accordance with §§ 52.04 and 52.05.
[Prior Code, § 430.040; Penalty, see § 52.99]
(A)
Solid wastes shall be disposed of at a processing facility or disposal
area approved by the City and complying with all requirements of the
State Division of Health.
(B)
The Director may classify certain wastes as hazardous wastes which
will require special handling and shall be disposed of only in a manner
acceptable to the Director and which will meet all local, state and
federal regulations.
[Prior Code, § 430.050; Penalty, see § 52.99]
(A)
No person shall engage in the business of collecting, transporting,
processing or disposing of solid waste within the corporate limits
of the City, without first obtaining an annual permit therefor from
the City, provided, however, that this provision shall not be deemed
to apply to employees of the holder of any such permit.
(B)
No such permit shall be issued until and unless the applicant therefor,
in addition to all other requirements set forth, shall file and maintain
with the Director evidence of a satisfactory public liability insurance
policy, covering all operation of such applicant pertaining to such
business and all vehicles to be operated in the conduct thereof, in
the amount of not less than $100,000 for each person injured or killed,
and in the amount of not less than $300,000 in the event of injury
or death of two or more persons in any single accident, and in the
amount of not less than $50,000 for damage to property. Such policy
may be written to allow the first 10% of liability for damage to property
to be deductible. Should any such policy be cancelled, the Director
shall be notified of such cancellation by the insurance carrier in
writing not less than 10 days prior to the effective date of such
cancellation, and provisions to that effect shall be incorporated
in such policy, which shall also place upon the company writing such
policy the duty to give such notice.
(C)
Each applicant for any such permit shall state in his or her application
therefor:
(1)
The nature of the permit desired, as to collect, transport,
process or dispose of solid waste or any combination thereof;
(2)
The characteristics of solid waste to be collected, transported,
processed or disposed;
(3)
The number of solid waste vehicles to be operated thereunder;
(4)
The precise location or locations of solid waste processing
or disposal facilities to be used;
(5)
Boundaries of the collection area; and
(6)
Such other information as required by the Director.
(D)
If the application shows that the applicant will collect, transport,
process or dispose of solid waste without hazard to the public health
or damage to the environment and in conformity with the laws of the
state and this chapter, the Director shall issue the permit authorized
by this chapter. The permit shall be issued for a period of one year,
and each applicant shall pay a fee of $200 for each solid waste processing
or disposal facility operated and a fee of $100 for each collecting
vehicle to be used. If in the opinion of the Director, modifications
can be made to the application regarding service, equipment or mode
of operation, so as to bring the application within the intent of
this chapter, the Director shall notify the applicant in writing setting
forth the modification to be made and the time in which it shall be
done.
(E)
If the applicant does not make the modifications pursuant to notice
in division (D) above of this section within the time limit specified
therein, or if the application does not clearly show that the collection,
transportation, processing or disposal of solid wastes will create
no public health hazard or be without harmful effects on the environment,
the application shall be denied and the applicant notified by the
Director, in writing, stating the reason for such denial. Nothing
in this section shall prejudice the right of the applicant to reapply
after the rejection of his or her application, provided that all aspects
of the re-application comply with the provisions of this section.
(F)
The annual permit may be renewed simply upon payment of the fee or
fees as designated herein if the business has not been modified. If
modifications have been made, the applicant shall reapply for a permit
as set forth in divisions (B) and (C) above of this section. No permits
authorized by this section shall be transferable from person to person.
(G)
In order to insure compliance with the laws of this state, this chapter
and the rules and regulations authorized herein, the Director is authorized
to inspect all phases of solid waste management within the City. No
inspection shall be made in any residential unit unless authorized
by the occupant or by due process of law. In all instances where such
inspections reveal violation of this chapter, the rules and regulations
authorized herein for the storage, collection, transportation or disposal
of solid waste of the laws of the State, the Director shall issue
notice for each such violation stating therein the violation or violations
found, the time and date and the corrective measure to be taken, together
with the time in which such corrections shall be made.
(H)
In all cases, when the corrective measures have not been taken within
the time specified, the Director shall suspend or revoke the permit
or permits involved in the violation, however, in those cases where
an extension of time will permit corrections and there is no public
health hazard created by the delay, one extension of time not to exceed
the original time period may be given.
(I)
Any person who feels aggrieved by any notice of violation or order
issued pursuant thereto of the Director may, within 20 days of the
act for which redress is sought, appeal directly to the Circuit Court
of the county, in writing, setting forth in a concise statement the
act being appealed and the grounds for its reversal.
(J)
All motor vehicles operating under any permit required by this section
shall display the number or numbers on each side in colors which contrast
with that of the vehicle, such numbers to be clearly legible and not
less than three inches high. Each permit for processing or disposal
facilities shall be prominently displayed at the facility.
[Prior Code, § 430.060; Penalty, see § 52.99]
(A)
The Director shall make, amend, revoke and enforce reasonable and
necessary rules and regulations, governing, but not limited to:
(1)
Preparation, drainage and wrapping of garbage deposited in solid
waste containers;
(2)
Specifications for solid waste containers, including the type,
composition, equipment, size and shape thereof;
(3)
Identification of solid waste containers, of the covers thereof,
and of equipment thereto appertaining, if any;
(4)
Weight limitations on the combined weight of solid waste containers
and the contents thereof, and weight and size limitations on bundles
of solid waste too large for solid waste containers;
(5)
Storage of solid waste in solid waste containers;
(6)
Sanitation, maintenance and replacement of solid waste containers;
(7)
Schedules of and routes for collection of solid waste;
(8)
Collection points of solid waste containers;
(9)
Collection and disposal of solid waste;
(10)
Processing facilities and fees for the use thereof;
(11)
Disposal facilities and fees for the use thereof;
(12)
Records of quantity and type of wastes received at processing
and/or disposal facilities; and
(13)
Handling of special wastes such as toxic wastes, sludge, ashes,
agriculture, construction, bulky items, tires, automobiles, oils,
greases and the like.
(B)
The City Clerk or such other City official who is responsible for
preparing utility and other service charge billings for the City,
is hereby authorized to make and promulgate reasonable and necessary
rules and regulations for the billing and collection of solid waste
collections and/or disposal service charges, as hereinafter provided
for.
(C)
A copy of any and all rules and regulations made and promulgated
under the provisions hereof shall be filed in the office of the City
Clerk.
[Prior Code, § 430.070; Penalty, see § 52.99]
It shall be unlawful for any person to:
(A)
Deposit solid waste in any solid waste container other than his or
her own, without the written consent of the owner of such container
and/or with the intent of avoiding payment of the service charge hereinafter
provided for solid waste collection and disposal;
(B)
Interfere in any manner with solid waste collection equipment, or
with solid waste collectors in the lawful performance of their duties
as such, whether such equipment or collectors shall be those of the
City, or those of a solid waste collection agency operating under
contract with the City;
(C)
Burn solid waste unless approved incinerator is provided or unless
a variance has been obtained from the appropriate air pollution control
agency;
(D)
Dispose of solid waste at any facility or location which is not approved
by the City and the State Division of Health; and/or
(E)
Engage in the business of collecting, transporting, processing or
disposing of solid waste within the corporate limits of the City without
a permit from the City, or operate under an expired permit, or operate
after a permit has been suspended or revoked.
[Prior Code, § 430.080; Penalty, see § 52.99]
(A)
There is hereby imposed, for the collection and disposal of solid
waste, a service charge for each dwelling unit and each commercial
establishment to which such service shall be provided under this provision
of this chapter. The service charge for collection of residential
solid waste shall be determined by the Director but in an amount not
to exceed $10.23 per month. The service charge for each commercial
establishment will be determined by the Director on the basis of quantity
and characteristics of materials, point of pick-up, and time required
to collect the solid waste if service is performed by the City.
(B)
The service and service charge shall be terminated upon presentation
of satisfactory proof to the Director that any such dwelling unit
or establishment is unoccupied, and shall be commenced upon renewed
occupancy thereof.
(C)
The system of services established by the provisions of this chapter
is designed as an integral part of the City's program of health
and sanitation, to be operated as an adjunct to the City's system
for providing potable water and the City's system for providing
sewerage disposal. The City may enforce collection of such charges
by bringing proper legal action against the occupant of any premises
which has received such services, to recover any sums due for such
services plus a reasonable attorney's fee to be fixed by the
court.
(D)
The service charge herein provided for is hereby imposed upon the
occupant of each dwelling unit receiving such service under the provisions
of this chapter and billing therefor shall be made to the person contracting
for City water and/or sewerage service to each such dwelling unit.
In the absence of information billing therefor shall be made to the
owner.
[Prior Code, § 430.090]
Any person violating any of the provisions of this chapter or
any lawful rules or regulations promulgated pursuant thereto, upon
conviction, shall be punished by a fine of not less than $5, nor more
than $500, provided that each day's violation thereof shall be
a separate offense for the purpose hereof.
