[HISTORY: Adopted by the City Council of the City of Marion by Ord. No. 13-15 (Ch. 105 and § 26.06 of the 2000 Code); amended in its entirety 10-3-2024 by Ord. No. 24-11.[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: This chapter was previously amended by Ord. No. 14-07; Ord. No. 15-14; Ord. No. 16-02; Ord. No. 18-02; Ord. No. 19-18; Ord. No. 21-11; 9-8-2022 by Ord. No. 22-15;3-23-2023 by Ord. No. 23-02; and8-17-2023 by Ord. No. 23-21.
For use in this chapter the following terms are defined:
BUSINESS ESTABLISHMENT
Any establishment which is not a dwelling unit and which generates solid waste, recyclable material and/or yard waste incident to its normal activity.
COMMERCIAL VEHICLE
Any vehicle used for transporting solid waste, recyclable material and/or yard waste from business establishments, as defined, or which is in the business of transporting such materials.
CORRUGATED CARDBOARD
Includes containers or materials used in containers that have three or more layers of kraft paper material, at least two exterior flat layers with one wavy interior core.
FAMILY
A group of individuals, not necessarily related by blood, marriage, or legal adoption, living together as a single housekeeping unit.
GARBAGE
Decaying animal and vegetable waste resulting from handling, preparation, cooking and consumption of food.
GENERATOR
Any person or entity whose activities or processes produce solid waste, recyclable materials and/or yard waste.
HAULER
Any person who regularly or occasionally hauls solid waste, recyclable materials and/or yard waste for consideration, fee or for profit.
HOUSEHOLD
Any permanent premises containing a habitable space intended for residential use and which generates solid waste, recyclable material, and/or yard waste as a result of the domestic activities of not more than one family. A household may be referred to as a "dwelling unit."
LITTER
"Garbage," "refuse" and "rubbish," as defined herein, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
MANUFACTURED/MOBILE HOME
A transportable, single-family dwelling unit suitable for year-round occupancy having no foundation other than wheels, jacks, piers, grade beams or skirting and containing water supply, waste disposal, heating and electrical conveniences.
MANUFACTURED/MOBILE HOME COMMUNITY
A parcel of land under single ownership, which has been planned and improved for the placement of the manufactured/mobile homes for nontransient use.
MATERIALS
Solid waste, recyclable material, and/or yard waste.
NONCOMMERCIAL VEHICLE
Any vehicle not for hire, used for transporting solid waste, recyclable material and/or yard waste from dwelling units.
NONRECYCLABLE CORRUGATED CARDBOARD
Corrugated cardboard with permanently attached packing material and/or nonpaper liners; wax-coated cardboard; cardboard contaminated with oil, paint, blood, or other organic materials; or cardboard contaminated with any other material that renders the corrugated cardboard nonmarketable. It does not include cardboard that has been contaminated through compaction in a hauling vehicle.
PRIVATE HAULER
Any hauler who hauls materials from its own premises, including independent contractors engaged in any type of construction or repair within the City and hauling materials therefrom.
RECYCLABLE CORRUGATED CARDBOARD
Includes marketable corrugated cardboard that may have glue, staples, and/or tape, but does not have permanently attached packing material and/or nonpaper liners, and is not waxed or contaminated with oil, paint, blood, or other organic materials.
RECYCLABLE MATERIALS
Any clean and dry material which is generated as a result of or is a by-product of residential, commercial, or industrial activities and which has a market for reprocessing or reuse. Such materials may be found in solid waste but are noncollectible as recyclable unless they are segregated by the generator and cared for separately. These materials are as follows, but not limited to: plastic containers with recycle numbers 1 to 7, metal food and beverage containers, aluminum foil and pie tins, newspapers, magazines, inserts, catalogs, chipboard (tears brown or gray), mixed paper, junk mail, yard waste, and corrugated cardboard.
RECYCLING
Any process by which waste, or materials that would otherwise become waste, is collected, separated, processed, or returned to use in any form of raw materials or products. Recycling does not include any form of energy recovery.
REFUSE
All decaying and nondecaying solid wastes (except body waste), including garbage, rubbish, street cleaning, dead animals, abandoned automobiles or parts thereof, and solid market and industrial waste.
RUBBISH
Nondecaying solid wastes consisting of both combustible and noncombustible waste, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery, toys, and similar materials.
SOLID WASTE
Any garbage, refuse, rubbish, yard waste, recyclable materials or other similar discarded solid or semisolid materials, including but not limited to such materials resulting from industrial, commercial, agricultural and domestic activities, that are not a recyclable material. Solid waste does not include hazardous or toxic materials.
VEHICLE LICENSE
A license issued for a vehicle used in the business of hauling or transferring solid waste and/or recyclable materials.
YARD WASTE
Any of the following, free of any other debris and which is generated as a result of yard and garden maintenance: grass clippings, lawn rakings, leaves, hedge trimmings, trees and tree trimmings, garden vegetation, bark, flowers, or all other similar organic waste. "Yard waste" does not mean or include stumps or soil.
It is the duty of each owner to provide for the sanitary disposal of all solid waste accumulating on the owner's premises before it becomes a nuisance. Any such accumulation remaining on any premises for a period of more than seven days shall constitute a threat to the health and safety of the residents and is a nuisance within the meaning of Chapter 223, Nuisance Abatement, of this Code of Ordinances or § 657.1 of the Code of lowa, and shall be abated in the manner provided by said chapters.
All persons, firms or haulers that collect solid waste, recyclable materials and/or yard waste shall do so in compliance with the terms and conditions of this chapter.
A. 
Accumulated solid waste and recyclable materials shall be collected from all residences, dwelling units, and commercial and industrial establishments within the City at least once weekly in accordance with and subject to the provisions of this chapter.
B. 
All collections shall be made between the hours of 7:00 a.m. and 7:00 p.m.
C. 
All yard waste shall be separated from all other solid waste and recyclable material accumulated on the premises.
D. 
The generator shall separate all recyclable corrugated cardboard from all other garbage, refuse, and rubbish for the purpose of recycling. Recyclable corrugated cardboard shall not be purposely rendered nonrecyclable for ease of disposal. Recyclable corrugated cardboard may be mixed with other approved recyclable materials for recycling.
E. 
All manufactured/mobile home communities, multiple-family residential buildings, and commercial and industrial establishments shall offer recycling opportunities for generators either by providing dropoff facilities or curbside collection or some other alternative method for diverting solid waste from area landfills.
A. 
The Public Works Department shall provide for the collection of properly contained, bundled or placed solid waste, yard waste, and recyclable materials from all designated domestic and commercial generators located within the City of Marion. The collection of solid waste and recyclable materials by the Public Works Department from generators located within the City of Marion is mandatory. The Public Works Department may enter into contracts with haulers for purposes of solid waste, recyclable material and/or yard waste collection.
B. 
Accumulated domestic solid waste, yard waste and recyclable materials shall be placed in the appropriate containers at the end of the driveway, if any, or within plain view at a point within two feet of the curbline, spaced three feet apart, no sooner than 7:00 p.m. on the day prior to collection and no later than 7:00 a.m. on collection day. Material not intended for collection shall not be kept on or near the curb. The City shall not be responsible for any material not intended for collection, but so placed, which is collected for disposal. Solid waste or recyclable materials placed at the curbside shall be placed parallel to the curb, spaced three feet apart. Do not place containers near parked cars, fire hydrants, light poles or under low-hanging tree limbs. Solid waste or recyclable materials placed at the curbside that are behind any parked cars, fire hydrants, light poles or under low-hanging tree limbs at the time of collection will not be collected. Solid waste, recyclable materials or yard waste placed at the curbside later than 7:00 a.m. on collection day will not be collected if the collection truck has gone past the residence prior to placement. Collection containers shall be removed from public property within 24 hours after collection and shall be stored adjacent to the dwelling unit or screened from view. When there is an accumulation of ice or snow on the ground, all solid waste and recyclable material shall be placed in a scooped-out area adjacent to the curb or driveway adjacent to the curb for safe collection by the collection personnel. The Public Works Department may make exceptions for the elderly or persons with a disability upon request to the Public Works Department.
C. 
All yard waste shall be separated from all other solid waste accumulated on the premises. Separated yard waste may be composted on the premises, placed in yard waste containers provided by the City of Marion for collection as, and placed parallel to the curb for collection on collection days. Fee-paying customers may also haul and dispose of separated yard waste at the City compost facility subject to the rules, regulations and hours of operation of said facility.
D. 
Curbside recycling shall be provided to all fee-paying customers. Only carts provided and sold by the City can be used for curbside collection of recyclable materials. The bin and lid shall remain with the property. Any lost or stolen carts and lids will be the responsibility of the generator to replace. Any resident moving shall leave the cart with the residence. If no cart is found, it shall be the responsibility of the customers to locate or replace the missing cart. Customers may purchase a cart from the Public Works Department at a cost established by the resolution of City Council and listed on the City of Marion Schedule of Fees. Domestic recyclable materials may be dropped off at the City Recycling Center. Notwithstanding any other provision of this code, contractors or construction companies may not use the City recycling services for materials used in any construction, remodel, or repair project.
E. 
The Public Works Department will not collect dead animals, old cars or car bodies, liquids, hazardous or toxic wastes or chemicals, explosives, hot ashes, infectious, medical or biological waste, small items or materials in piles requiring shovel or fork to handle, or material resulting from construction, demolition or repair of buildings. Animal waste must be contained in a bag. Ashes and sawdust must be contained in a bag. Broken glass or other sharp objects must be placed in a separate container that is placed in the garbage cart. Sharp materials such as needles from injections shall not be placed in solid waste or recyclable containers for disposal. In addition, no article or bundle which by its nature constitutes a hazard to the City employee will be collected.
F. 
Unflocked household Christmas trees may be set out as a part of regular solid waste collection for a period not to exceed two weeks during the month of January. The Public Works Director shall determine the schedule for Christmas tree collection. Flocked trees will not be accepted for disposal by the City.
G. 
Large household items which will not fit in collection containers, and unbundled brush and trees, may be set out for collection on a "special collection" basis. Special collections shall be made on a regular basis. The Public Works Director shall determine the special collection schedule. Special collection fees shall be established by the resolution of City Council and listed on the City of Marion Schedule of Fees. Customers must contact the Public Works Department to arrange for special collection.
H. 
In the event of City-wide tree damage due to ice storms, windstorms, or similar events, the Public Works Director, after consultation with the City Manager/Deputy City Manager, may designate and provide notice of an appropriate time period for the separate collection of unbundled trees and brush. Households may place unbundled trees, branches and brush during this time without having to contact the Public Works Department or paying for a special collection.
I. 
Yard waste material, except for Christmas trees as provided in Subsection F of this section, will not be collected as part of weekly collection during the dormant season. The Public Works Director shall determine when the dormant season begins and when the dormant season ends each year. Yard waste during these months shall either be collected on a special collection basis, or the customer may haul and dispose of the yard waste at the City compost facility. In the event of unusual weather conditions, the Public Works Director may modify such schedule after consultation with the City Manager/Deputy City Manager.
A. 
Disposal of all solid waste and/or recyclable materials shall comply with the waste management hierarchy set out in lowa Code § 455B.301A:
(1) 
All materials that have been segregated by the generator for recycling and/or reuse, for which a properly permitted facility that is accepting such recyclable and/or reusable material is located within the planning area, shall be delivered only to such facility;
(2) 
All material not disposed of pursuant to § 268-6A(1) above shall be delivered to a properly permitted sanitary landfill located in the planning area that is accepting solid waste for purposes of disposal and landfilling.
B. 
Upon the request of any private hauler or hauler and upon good cause shown, the City Council may allow delivery of solid waste, recyclable materials, and/or yard waste to any properly permitted facility identified in § 268-6A(1) or (2) above.
C. 
Nothing contained herein shall prohibit delivery of solid waste to a waste disposal facility located outside of the State of lowa.
A. 
Other than as set forth in § 268-6, no person shall deposit solid waste, recyclable materials, and/or yard waste for final disposal at any site other than a state-permitted solid waste disposal facility. Uncontaminated soil, brick, concrete, sand and other similar inert excess or spoil materials from construction, mining, or reclamation sites may be deposited for final disposal at fill sites other than state-permitted solid waste disposal facilities so long as these disposals are in conformance with applicable state regulations.
B. 
No person shall deposit, throw, keep, or place any solid waste, recyclable material, or yard waste on any public property or in any lane, alley, street, or other public place except as otherwise authorized within this chapter.
C. 
The raking of leaves or other yard waste onto City streets or alleys is specifically prohibited.
A. 
Solid waste, recyclable and yard waste material collection containers shall be obtained from the City of Marion Public Works Department and shall be stored on private property. The use of plastic bags for yard waste is prohibited.
B. 
Weight limits.
(1) 
Solid waste, recyclable and yard waste material collection containers shall adhere to the following weight limits:
(a) 
Forty-eight-gallon carts are limited to 168 pounds.
(b) 
Sixty-four-gallon carts are limited to 224 pounds.
(2) 
Persons placing more than the above referenced weight limits are subject to a fine in the amount as set by resolution of City Council and listed on the City of Marion Schedule of Fees.
C. 
Solid waste, yard waste and recyclable material containers used by commercial and industrial establishments and multiple-family residential dwellings shall be constructed so as to completely contain waste within the base, walls and cover. A cover shall be in place at all times. Any newly located solid waste, yard waste, or recyclable material container shall be screened in accordance with § 340-8.4.
D. 
Yard waste containers shall be grouped and placed parallel to the curb and each cart should be separated from all other collection containers of materials by three feet to allow easy recognition to assure separate collection.
[Amended 7-1-2025 by Ord. No. 25-20]
A. 
Haulers may not place, store, or locate any dumpsters, materials, collection containers, or any other items in the street or right-of-way without a right-of-way permit and permission of the Public Works Director.
B. 
Private haulers shall adhere to the following equipment standards:
(1) 
The solid waste, recyclable material, or yard waste containment area shall be so constructed as not to drop or eject materials when the vehicle is in motion.
(2) 
Tailgates shall be at least 30 inches in height or 1/2 the height of the sideboards, whichever is less. Tailgates shall always be in good repair.
(3) 
All vehicles shall be equipped or supplied with covers for the containment area. Such covers shall be so constructed as to completely contain the solid waste, recyclable material and yard waste load within the containment area during all operations prior to unloading.
(4) 
All vehicles shall have the name and phone number of the hauler prominently displayed on the side of the truck in lettering not less than two inches in height.
Private haulers using cars, pickup trucks or utility trailers shall contain and cover all loads securely. Private haulers using vehicles larger than cars, pickup trucks or utility trailers shall use vehicles which meet all the minimum equipment standards for waste haulers.
Trees, brush and all other organic materials shall be so contained as to not extend beyond the sideboards. Such materials may be hauled without a tailgate so long as the complete load is secure when no tailgate is in place. No materials shall extend beyond the containment area to the rear such that any materials drag or make contact with the roadway.
A. 
Base rate. The base rate for material collection and disposal is as set by resolution of the City Council. This base rate includes one container per week, plus curbside recycling. Every additional cart must be purchased at Public Works, with a maximum of two carts each for solid waste and recycling materials collection. Additional carts may be purchased for yard waste collection by Public Works. The cost of purchasing the cart is as set by resolution of City Council and listed on the City of Marion Schedule of Fees.
B. 
Payment of bills. All fees are due and payable with and under the same terms and conditions as payment for water service as established by the Water Board. To the extent that the fees are billed as part of a combined service account, utility services may be discontinued if the account becomes delinquent.
C. 
Assessment for nonpayment. The owner of the premises served and any lessee or tenant thereof are jointly and severally liable for fees for solid waste and/or recyclable material collection and disposal. Fees remaining unpaid and delinquent shall be assessed against the premises served and shall be certified by the Clerk to the County Treasurer for collection in the same manner as property taxes.
D. 
Service outside City limits. Where property is located in the immediate proximity of the City limits, but outside of the limits, the owner or occupant may request in writing to the Public Works Director that the City collect garbage, recyclable material and/or yard waste. The Public Works Director will then determine whether the property is in such close proximity to existing collection routes that the cost to the City for making the collection will not exceed the fees to be collected. If the Public Works Director makes this finding, the Public Works Director shall approve the application, and the rate charged to the property outside the corporate limits will be 1 1/2 times the rate charged a similar property inside the corporate limits.
E. 
Private streets. The City will not collect garbage, recycling materials, or yard waste from a private street unless:
(1) 
The City has established pickup in the area prior to July 1, 2024; or
(2) 
The private street is built to SUDAS Chapter 5, Roadway Design, for local streets regulations, including:
(a) 
Section 5C-1, Geometric Design Tables (26 feet wide with parking on one side only);
(b) 
Section 5F-1, Pavement Thickness Design (seven-inch-thick PCC on a minimum of six-inch granular subbase); and
(3) 
An agreement is executed between the developer and/or HOA and the City, including:
(a) 
All future maintenance of the street is by the developer and/or HOA (including removal and replacement as needed at owners' cost with no City participation).
(b) 
Snow removal shall be completed prior to collection based on City's schedule.
(c) 
Parking is regulated and enforced to only be on one side of the street.
F. 
Special collections. Special collections shall be provided for a fee as set by resolution of the City Council. If the special collection involves any materials for which the City will be charged an additional or special landfill fee, then the billing for the special collection shall have these additional or special fees added to the unit fee cost. If special collection material is set out in cardboard boxes, an additional fee as set by resolution of the City Council will be assessed to the collection cost. If a special collection is assessed a fine at the landfill, the fee for the special collection shall include the cost of the fine. The Department shall not initiate a special collection without the payment of cash, check, or credit card of the Department's estimate of fees in advance of the collection. If the estimated amount was not sufficient to cover the actual fees, the customer shall be billed for the balance following the special collection. If the estimated amount paid was more than the actual fees, the Department shall promptly refund the balance to the customer.
G. 
Vacated premises. In circumstances where the residential dwelling unit is permanently vacated or unused for a period of not less than 180 days, the Public Works Director may waive the collection fees charged based on the circumstances of hardship attested to, provided the owner or agent of such unit submits a signed written request with supporting documentation setting forth the relevant facts and it is approved by the Public Works Director.
H. 
Compost materials and wood chips. The Department is hereby authorized to sell or dispose of compost materials and wood chips if there is a benefit to the City to sell or dispose of said materials.
I. 
Commercial service rates. Upon approval by City Council, the Public Works Department may provide for the collection of garbage and recycling from nonresidential generators. Rates for collection shall include provisions for a furnished collection bin provided to the generator. Rates for monthly commercial service collection are as set by resolution of the City Council.
A. 
Refuse deposited and remaining on City property for a period longer than 24 hours may be removed by the City and the actual cost charged to the adjoining property owner, including landfill tipping fees, personnel and equipment, plus an administrative fee per occurrence as set by resolution of the City Council.
B. 
Solid waste, recyclable materials and/or yard waste that do not comply with the provisions of this chapter or with regulations and rules promulgated to implement and enforce this chapter may not be collected by the Public Works Department. Under such circumstances, it is the responsibility of the generator to take the materials to the Public Works Department for proper disposal in such manner and at such time as may be prescribed by the Public Works Director, or otherwise take such action so as to comply with this chapter and/or applicable regulations and rules.
No person shall throw or deposit garbage, refuse, or rubbish on any occupied private property within the City whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that the same will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any other private property and additionally shall be stored in a manner which will keep the premises sightly and shall not cause the same to be a nuisance to the adjoining property and shall not have an adverse effect upon the fair market value of the property or any adjacent property.
No person shall discard any litter onto or in any water or land, except that nothing in this section shall be construed to affect the authorized collection and discarding of such litter in or on areas or receptacles provided for such purpose. When litter is discarded from a motor vehicle, the driver of the motor vehicle shall be responsible for the act in any case where doubt exists as to which occupant of the motor vehicle actually discarded the litter.