Under the authority granted to the Town by ARS Title 49, Chapter 4, Article 3, it is declared that the public health, safety and welfare of the inhabitants of the Town requires the establishment, maintenance and enforcement of a general system for the collection and disposal of solid waste and refuse within the Town.
(Ord. 92-95 § I; Ord. 97-133 § 2)
A. 
For the purpose of this chapter, the following words and phrases shall be defined as follows:
1. 
"Collection"
means the process of collecting solid waste for transportation from the producer of solid waste to a disposal site.
2. 
"Commercial user"
means any person generating solid waste from other than a single-family residence.
3. 
"Commercially generated solid waste"
means all solid waste except that generated by single-family residences.
4. 
"Hazardous waste"
means hazardous wastes, toxic chemicals, and radioactive materials and substances as defined under or described by any federal, state or local law, ordinance, statute or regulation relating to hazardous wastes, industrial hygiene or environmental matters (the "Hazardous Materials Laws"), which Hazardous Materials Laws include, but are not limited to:
a. 
The Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq.;
b. 
The Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq.;
c. 
Title 49, Chapter 5 and Title 28, Chapter 19, Arizona Revised Statutes.
5. 
"Permit"
means the solid waste collector’s annual permit issued by the Town.
6. 
"Person"
means every person, firm, partnership, public or private corporation, association, trust, estate or any other legal entity owning, operating or controlling inhabitating any house, residence, shop, establishment, hotel, restaurant, market, apartment or tenement house or any place of business within the Town.
7. 
"Premises"
means retail establishments and shops, industrial or manufacturing concerns, business houses, apartment houses, offices, theaters, hotels, residences, cafes, eating houses, tourist camps, settlements, hospitals, rooming houses, schools, vacant lots and all other places within the limits of the Town where solid waste, as defined in this section, accumulates.
8. 
"Recycling"
means storing reusable materials in preparation to induction into an industrial process by which the material is transformed into a new product in such a manner that the original identity as a product is lost.
9. 
"Residential user"
means any person producing or generating solid waste from a single-family residence.
10. 
"Solid waste"
means and includes, but is not limited to, any garbage, rejected or waste food, offal, swill, carrion, ashes, dirt, slop, waste water, trash, rubbish, waste or unwholesome material of any kind except sewage but including residential, commercial, institutional, industrial and recreational waste.
11. 
"Solid waste collector"
means the private solid waste collection or management businesses or firms which have been issued a solid waste collection permit as defined herein.
12. 
"Solid waste collector’s equipment"
means and includes vehicles, collection containers and any other equipment used by the solid waste collector in collecting solid waste or refuse pursuant to this chapter.
(Ord. 92-95 § III)
A. 
Littering. No person shall throw, place, sweep or otherwise dispose of solid waste, trash or refuse on any sidewalk, street, parcel, lot or any other place not specifically designated for the disposal of solid waste, trash or refuse.
B. 
Placing Injurious Materials on Streets. No person shall throw or deposit any nails, tacks, hoops, wire, cans, glass or any other substance or material upon any street or alley in the Town, which will cause or which is likely to cause injury to any person, animal or vehicle traveling upon such street or alley, or which will cause such street or alley to be unsightly, unattractive, hurtful, nauseous, offensive or dangerous; provided, that the placing of such substance of material in the streets or alleys for the purpose of removal or recycling as provided by this chapter shall not be a violation of this section.
C. 
Weeds, Brush-Fire Hazard. No person shall permit in or about his/her premises weeds, briars, brush or any other solid waste to become in any way hazardous or injurious to public health or to constitute a fire hazard as determined by the District Fire Chief or his/her designee.
D. 
Dumping on Public Property-Nuisance. No person shall dump, deposit, place or otherwise dispose of dirt, rock, caliche, cement, asphalt, building materials, other solid waste, trash or refuse upon any public street, public right-of-way, public park or other public property without first obtaining a written permit from the Town Manager. Any such dumping performed without a written permit is declared a nuisance and is punishable as a Class I misdemeanor. See Chapter 1.16.
(Ord. 92-95 § IV; Ord. 98-154 §§ 10, 11)
A. 
All persons having secured a building permit shall, prior to the start of any construction activity, furnish or place on those premises a container or fenced area of suitable size and design to contain all refuse which may be distributed or removed from the premises by the wind or elements.
B. 
No person shall allow solid waste of any kind to be blown or be carried from the premises for which the building permit was secured.
C. 
The Town shall not be responsible for the collecting or hauling of waste building material originating from the private property preliminary to, during or subsequent to the construction of new buildings, alterations or additions to existing buildings of whatsoever type or form or demolition of existing structures. Such solid waste materials shall be removed by the owner as set out above or by the construction contractor. No new certificate of occupancy shall be issued until such solid waste has been completely removed by the owner or construction contractor.
D. 
Persons engaged in demolition must remove the debris and structural parts and contain these elements from scattering in the same manner as set out above.
(Ord. 92-95 § V)
A. 
All solid waste accumulated in the Town shall be collected, conveyed and disposed of by solid waste collectors who have applied for and been issued an annual permit by the Town to collect and dispose of solid waste unless otherwise exempted herein.
B. 
No person shall collect, convey over any of the streets or alleys of the Town, or dispose of any solid waste accumulated within the Town except with a current permit and as otherwise provided in this chapter.
C. 
Any disposal of solid waste as permitted herein shall be at an approved sanitary landfill, digester, compactor or transfer station.
D. 
All residential and commercial users shall comply with the rules and regulations established by this chapter for the use, care and location of solid waste containers and shall keep the lids and covers furnished for such containers closed at all times except when they are being filled or emptied.
E. 
No person shall deposit solid waste in any solid waste collector’s container without payment of the appropriate scheduled fees or having an agreement established with the solid waste collector for use of such containers.
F. 
Caretakers of summer resort properties and landscape maintenance firms shall be allowed to collect and dispose of pine needles and yard trimmings without the issuance of a municipal solid waste management permit.
G. 
This chapter shall not prohibit the actual commercial or residential producers of solid waste from personally collecting, conveying, and disposing of such solid waste in accordance with applicable laws and regulations provided that such producers shall not be exempt from maintaining their premises in a sanitary condition.
(Ord. 92-95 § VII)
A. 
Solid waste collector shall schedule solid waste collection services to persons and premises within the Town as follows:
1. 
Apply for and receive a solid waste collector’s annual permit to collect solid waste from Town.
2. 
Collect solid waste according to a regular schedule established by solid waste collector to all persons who contract for solid waste collection services which schedule may be modified from time to time.
3. 
Prepare and publish schedules for collection, route books and maps for each collection route and make them available to the Town upon request.
4. 
Provide all customers and other persons who inquire with schedules and other route information necessary to adequately inform them of collection times. In the event of a change in routes or schedules, solid waste collector shall notify each person affected not less than one week prior to the change except as set forth in subsection (A)(5) of this section.
5. 
The solid waste collectors agree to notify all residents of the Town of any special pickup service due to holidays or inclement weather. Method of notification shall be determined by the solid waste collector. Solid waste collector shall not be required to provide services on the following holidays:
New Years Day, January 1st
President’s Day, 3rd Monday in February
Memorial Day, Last Monday in May
Independence Day, July 4th
Labor Day, First Monday in September
Columbus Day, Second Monday in October
Veteran’s Day, November 11th
Thanksgiving Day, 4th Thursday in November
Christmas Day, December 25th
6. 
Commence solid waste collection in areas in or near residential neighborhoods no earlier than six-thirty a.m. and terminate such collection no later than eight p.m.
7. 
Provide collection containers for solid waste collection subject to reasonable conditions which the Town may require from time to time.
8. 
All commercial and residential users shall be required to ensure access by solid waste collectors to all collection containers and to place such collection containers as directed by the solid waste collectors whenever reasonably possible. All roll-out collection containers shall be placed as indicated above on the days designated for collection of such solid waste and shall be removed from such location following the collection and placed in a location away from the street.
9. 
The following items of solid waste shall not be placed in collection containers, and the producers of such solid waste shall be required to individually contract with a contractor for the disposal of such solid waste, or lawfully dispose of it themselves:
a. 
Hazardous wastes, poisons, acids, caustics, chemicals, motor oil, batteries, explosives, infectious waste, and radioactive waste.
10. 
Solid waste collectors shall furnish up to three collection containers (size to be specified by Town) to be placed in public areas such as Woodland Lake Park or other areas designated by the Town and collect solid waste from such designated public containers free of charge. These public containers shall not be used to dispose of trash by the Town officers.
B. 
Collection Containers.
1. 
Solid waste collectors agree to supply standardized collection containers to all persons contracting for solid waste collection service. Solid waste collector may charge a placement fee for such containers.
2. 
All collection containers used for the accumulation or storage of solid waste shall be manufactured using metal or plastic in a water-shielding design. All collection containers shall be clearly identified with the solid waste collector’s firm name and telephone number.
3. 
Solid waste collector, at solid waste collector’s sole expense, shall perform all maintenance and repairs upon collection containers as necessary to maintain them in proper operating order.
4. 
Solid waste collector shall be entitled to seek reimbursement or restitution for maintenance and repairs caused by the intentional or negligent acts of any person responsible for damage to collection containers. Repayment or restitution for such maintenance and repairs shall be limited to a maximum of forty dollars ($40.00) per hour for time actually expended on such maintenance and repairs of collection containers not to exceed five hundred dollars ($500.00).
5. 
Solid waste collector shall exercise reasonable care in the handling of collection containers and after removing solid waste from any such collection container, cause the container to be replaced at its designated position with its lid or cover on and in place.
6. 
All collections made by solid waste collector shall be from the customer’s property or from the streets or alleys adjoining such properties. The Town shall require by ordinance, all persons utilizing solid waste collector’s services to deliver movable collection containers to and from designated positions.
C. 
Collection Equipment.
1. 
Solid waste collector shall use only safe, serviceable collection equipment. Packer trucks shall completely, adequately and fully accommodate the use of approved, covered, commercial-type solid waste containers, for collection from persons within the Town. Sufficient equipment shall be available to solid waste collector to allow complete and timely performance of all collection services. Solid waste collector shall meet all federal, state and local air pollution emission standards as they apply to solid waste collector’s equipment.
2. 
Solid waste collector shall thoroughly clean all of solid waste collector’s vehicles and other equipment, not including collection containers, at least once each week and shall deodorize or disinfect all equipment as necessary to maintain such equipment in a sanitary, nonoffensive condition.
3. 
All collection equipment shall be clearly identified with the solid waste collector’s firm name and telephone number.
4. 
Collection vehicles shall be painted uniform colors and shall be equipped with such safety devices, warning lights, etc., as required by Title 28, Arizona Revised Statutes or other state or local laws. Each collection vehicle shall be equipped with a shovel and broom for pickup of spilled solid waste which shall be accomplished immediately upon discoverage of such spillage. In addition, all collection vehicles shall be equipped with a fire extinguisher, an appropriate first aid kit, and safety flares.
D. 
Office and Complaint Procedure.
1. 
The solid waste collector shall establish and maintain a local office and a toll-free telephone number for residents within Pinetop-Lakeside for processing complaints and applications for commercial, residential and special services. Such office shall remain open during normal business hours from eight a.m. to five p.m., Monday through Friday.
2. 
The solid waste collector shall employ personnel to answer the complaints from the public, concerning service of the solid waste collector, and shall equip the office with a telephone system, which shall include an automatic telephone answering device or answering service for processing complaints of the public during non-business hours. Solid waste collector shall at all times keep a telephone listing in solid waste collector’s name in the telephone directory. Solid waste collector shall notify all persons and premises serviced by solid waste collector of the customer service telephone number.
3. 
Solid waste collector shall appoint a supervisor whose name shall be provided to the Town Manager available to represent the solid waste collector in its relations with the public.
E. 
Subcontractors. Solid waste collectors shall not subcontract any of the work described in this chapter without the express written permission of the Town.
(Ord. 92-95 § VIII)
A. 
If a solid waste collector at any time during the term of a permit, fails to comply with this chapter or the terms and conditions of the nonexclusive solid waste collector’s annual permit, the Town Manager or designee shall give the solid waste collector thirty (30) days written notice of the deficiency. If solid waste collector contests the alleged deficiency, the solid waste collector shall be given an opportunity to meet and discuss the deficiency with the Town Manager or designee prior to any action being taken against the permit. This meeting must take place within the said thirty (30) day period. If the solid waste collector fails to correct such deficiency within said thirty (30) day period, the Town Manager or designee may revoke or suspend the permit of the solid waste collector or assess an administrative penalty not to exceed five hundred dollars ($500.00). Any appeals from the decision of a Town Manager or designee shall be taken to the Town Council. The appeal must be filed in writing and filed with the Town Clerk within fifteen (15) days of written notice of the Town Manager’s or designee’s decision. Such appeals may be heard at any regularly scheduled meeting of the Town Council or at such special meeting as the Town Council may call for such purpose.
B. 
Revocation, supervision, or assessment of an administrative penalty of a permit shall be action in addition to any other civil or criminal penalties provided by this chapter.
C. 
This administrative procedure shall be accomplished prior to the Town or the solid waste collector filing any cause of action with a court.
(Ord. 92-95 § IX)
A. 
Any person including solid waste collectors transporting solid waste in any vehicle must have suitable covers or tie downs to prevent the spillage of solid waste on roadways or other property.
B. 
Solid waste collectors shall be required to utilize modern hydraulically operated, packer-type collection vehicles which shall be designed to prevent spillage of solid waste on roadways or other property.
(Ord. 92-95 § X)
A. 
Hazardous Waste. In the event solid waste collector collects any hazardous waste, solid waste collector shall be responsible for properly disposing of such hazardous waste. Solid waste collector may charge additional fees for collecting and disposing of hazardous waste; but in any event the collection, transportation, disposal or treatment of hazardous waste shall conform to all federal, state and local laws.
B. 
No person shall place any hazardous waste material in a collection container or otherwise dispose of such hazardous waste material except as authorized by applicable federal or state law.
(Ord. 92-95 § XII)
A solid waste collection permit may be issued to solid waste collectors meeting the following operating standards:
A. 
Solid waste collectors shall apply for and receive an annual permit and pay applicable fees.
B. 
Solid waste collectors shall operate in conformance with this chapter.
C. 
Solid waste collectors shall own or lease a sufficient number of trucks with drivers for each to collect and dispose of ashes, garbage, rubbish, refuse and solid waste materials.
D. 
Solid waste collectors shall operate collection vehicles which are suitable for the efficient, sanitary collection of solid waste and shall be modern, sanitary and of spill-proof and leak-proof construction.
E. 
Solid waste collectors shall offer residential collection service to all residences and commercial establishments within the Town. Solid waste collectors shall offer as a minimum, one fifty (50) gallon wheeled cart to each customer to be collected on a once per week basis.
F. 
Solid waste collectors shall offer commercial collection service to commercial users in the Town on a voluntary basis. Solid waste collectors shall provide metal automated containers, with sizes up to eight (8) cubic yards. These containers shall be collected on a schedule ranging from one time per week, up to seven times per week.
G. 
Solid waste collectors shall maintain public liability insurance for bodily injury, wrongful death and property damage to others in the minimum amount of one million ($1,000,000.00) dollars. A certificate evidencing said insurance coverage shall be on file with the Town at all times.
(Ord. 92-95 § XIII)
[1]
Editor's Note: Solid Waste Collector's Annual Permit Application is included as an attachment to this title.
The Town Manager or designee shall be vested with the authority to issue solid waste collection permits to solid waste collectors who make application, who pay applicable fees and who otherwise are in conformance with this chapter.
(Ord. 92-95 § XIV)
The solid waste collector shall obtain, at solid waste collector’s sole expense, all other necessary permits and licenses which are required by federal, state or county laws, ordinances or regulations which may be necessary to collect solid waste as permitted by this chapter. Solid waste collector shall provide Town with copies or other proof of such permits and licenses upon request of the Town.
(Ord. 92-95 § XV)
Ownership of solid waste collected pursuant to this chapter shall be vested in the solid waste collector upon placement of the solid waste in any collection vehicles owned or used by solid waste collector. Except as specified herein, the solid waste collector shall have full and exclusive right to all salvageable or recyclable materials collected in connection with solid waste collector’s collection of solid waste. Solid waste collector shall also have title and ownership to lost or misplaced personal property except with respect to the rightful owner who shall have the right to claim such lost personal property for up to ten (10) days following its having been lost or misplaced.
(Ord. 92-95 § XVI)
In the event any litigation is threatened or commenced by third persons against the Town relating to solid waste collector’s performance under this chapter, Town shall immediately advise the appropriate solid waste collector in writing and solid waste collector shall then immediately intervene in any such litigation and provide legal counsel to defend or settle such lawsuit. All related attorney’s fees generated by such attorneys and the Town Attorney defending such claims or lawsuits of third persons shall be paid by solid waste collector.
(Ord. 92-95 § XVIII)
Solid waste collector agrees and understands that no person shall be excluded from participation in, denied the benefits of, denied the services of or otherwise be subjected to discrimination for solid waste collection services on the basis of race, color, creed or national origin.
(Ord. 92-95 § XIX)
A. 
Any violation of any provision of this chapter shall be considered a civil violation. Civil penalties of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) in addition to appropriate civil restitution amounts and amounts collectible pursuant to Section 13.04.060(B)(4) of this chapter, if applicable, may be assessed against violators. Each day that a violation exists shall be considered a separate violation and a new and separate civil penalty may attach.
B. 
Notices of civil violations shall be served upon the violators by the Pinetop-Lakeside Police Department on forms similar to forms used for civil traffic or other civil violations[1].
[1]
Editor's Note: Solid Waste Collector's Annual Permit Application is included as an attachment to this title.
(Ord. 92-95 § XX)