A.
Location. The County shall operate a solid waste collection
system consisting of citizens' convenience centers strategically located
throughout the County. It shall be the responsibility of the Director
of Public Works to site new locations for citizens' convenience sites
or to recommend the elimination of a site or sites.
B.
Maintenance. The County Public Works Department shall
be responsible for maintaining all citizens' convenience sites. Equipment
shall be maintained in good working order. Whenever possible, these
centers will be fenced and manned by a Public Works employee to assure
the efficient and clean operation of the disposal site in addition
to deterring illegal dumping.
C.
Regulations.
(1)
Citizens' convenience sites are designated for the
sole collection of household waste and recyclables from the residents
of the County. No waste generated outside of the County shall be deposited
at any citizens' convenience site except under a shared arrangement
in which a neighboring locality shares in the operational expenses
of the disposal site.
(2)
No person shall place any household or other material
on the top of or around a collection container or compactor.
(3)
No person shall place building materials, tires, furniture
or other large, bulky items, yard waste, infectious materials, explosives
or dead animals in a collection container or compactor.
(4)
No person shall tamper with or move a collection container
or compactor from its placement site, except by authority of the Director
of Public Works or his designee.
(5)
No person shall mutilate, vandalize or otherwise damage
a collection container or compactor or incinerate trash in a collection
facility.
D.
Exception. During special collection events, refuse
may be deposited by residents in designated receptacles or disposal
areas at the discretion of the Director of Public Works or his designee.
E.
Hours of operation. Weather permitting, the general
hours of operation of citizens' convenience sites shall be as determined
by the County Board. Sites will be closed on Christmas and Thanksgiving
and any other holidays designated by the County Board. The Director
of Public Works shall determine site closings resulting from inclement
weather, natural disasters or other emergencies that may prohibit
the safe operation of the site and removal and transport of solid
waste.
A.
Contract hauling. The County's citizens' convenience
sites may be served under contract to Frederick County by private
haulers or other localities through a competitive bid process.
B.
County hauling. Frederick County reserves the right
to serve citizens' convenience sites and provide hauling from these
sites utilizing County personnel and equipment where deemed economically
advantageous.
C.
Vehicles.
(1)
Vehicles transporting or removing refuse/recyclables
must prevent material leaking, spilling, being blown or hurled from
or deposited upon any street or public way during loading or while
in transit. All vehicles shall comply with all federal, state and
local guidelines. Two types of vehicles will be permissible:
(2)
All vehicles must be equipped with an adequate fire
extinguisher.
D.
Refuse and recyclables collection.
(1)
Refuse/recyclables shall be collected and removed
in such a manner that it does not create a nuisance or adversely affect
public health, safety and welfare nor create any unnecessary noise.
(2)
Refuse/recyclables shall be removed in such a manner
and transported so that it does not spill or fall into a street or
public way nor shall it be dumped, spilled or thrown into any street,
court, lane, alley, sewer inlet or public or private lands.
(3)
Collection points must be left clean and free of debris,
trash and other material after refuse/ recyclables are collected.
In the event that any solid waste spills or falls into a street, public
way or private land during the process of collection, it shall be
deemed the responsibility of the collector or hauler to correct such
conditions.
(4)
No known harmful material, including materials which
are explosive, toxic, radioactive or highly combustible by nature
or burning, shall be knowingly removed for disposal by the refuse
hauler except by written permission required of the Director of Public
Works. Responsibility for obtaining said permission shall rest with
the person desiring the removal of such material. This section, however,
is not applicable to materials loaded and carried at the direction
of public officials or public servants executing their duties in emergencies.
This section does not circumvent any requirements as dictated by the
State Department of Environmental Quality and the United States Environmental
Protection Agency or any other regulatory agency having jurisdiction
thereof.
(5)
Solid waste shall not be stored in collection vehicles
for a length of time exceeding 24 hours after completion of any daily
solid waste collection route, and solid waste shall be emptied as
soon as possible after completion of any collection route. Vehicles
shall be thoroughly cleaned once a day at a suitable facility when
in use.
(6)
No vehicle containing combustible, liquid or hazardous
waste shall be emptied in the County.
(7)
The refuse hauler shall notify, in writing, the approving
authority and each customer at least 30 days prior to the date of
fact of the refuse hauler's termination and discontinuance of his
business.
(8)
All refuse and other solid waste collected shall be
deposited at the County's permitted landfill facilities pursuant to
the provisions of Title 15.2, Article 1, § 815 of the Code
of Virginia.
A.
Service area. Pursuant to the provisions of Resolution
No. 7-98, anytime after August 2003, the County shall have the option
of providing curbside refuse and recyclables collection based on population
densities. Collection will be limited to residential single-family
or one-family dwellings located within the Urban Service Area and
having frontage on public roads as defined by this article and the
County's Zoning Ordinance.[1] A mobile home or manufactured home which does not exist
in the MH (Mobile Home Community) Zone shall be considered a single-family
dwelling for the purposes of this article, as defined by the County's
Zoning Ordinance.
B.
Curbside collection. The County reserves the option
to provide or contract with a private firm or other locality for the
curbside collection of refuse and recyclables, pursuant to the provisions
of the Code of Virginia § 15.2-930 and Resolution No. 7-98,
approved by the County Board in August 1998.
C.
Fees. The County Board shall determine the fee for
refuse and recyclables collection for those single-family residential
dwellings receiving curbside refuse and recyclables collection.
D.
General. The Public Works Director or his designee
is empowered and instructed to give due publicity and notice of the
provisions of this article to the public and to establish schedules
for and methods of refuse and recyclables collection and any other
related regulations as may, from time to time, be necessary.
E.
General container requirements. All refuse to be collected
by the County shall be placed in watertight containers of durable
construction, which shall be rust-resistant, nonabsorbent, easily
washable, with tight-fitting covers and handles, or properly sealed
plastic or polyethylene refuse bags of sufficient construction to
keep out water, to prevent animals and entrance by insects and to
be safely handled by one collector without coming apart due to the
contents or weather conditions. Containers shall be filled to such
a degree and so secured that the containers will not spill.
F.
Capacity. The Director of Public Works or his designee
reserves the right to specify the appropriate type of collection container
to be utilized, gallon capacity and weight specifications for the
safe and efficient collection of solid waste and recyclables.
G.
Ashes. Cold ashes to be collected by the County shall
be placed separately in cans or other tight, noncombustible receptacles
that can be safely handled without coming apart. Containers shall
be of no more than 20 gallons' capacity and filled so as to prevent
spilling and blowing of ashes.
H.
Schedule. All refuse, ashes or other waste material
to be collected shall be placed on the curb or other approved place
of collection not earlier than 6:00 p.m. on the day prior to and not
later than 7:00 a.m. on the day of regular collection. All garbage
not collected because of noncompliance with this article shall be
removed at once. Empty cans shall be removed on the same day of collection.
I.
Damage to containers. The County shall not be responsible
for damage to collection containers that results from normal wear
and tear or inferior construction, nor shall it be responsible for
damage resulting from weather conditions.
J.
Maximum amount to be collected. The total amount of
refuse, ashes or other solid waste to be collected by the County at
any one residence shall not exceed three forty-four-gallon containers
or equivalent volume in any single collection.
K.
Refuse not acceptable for collection.
(1)
No hazardous material, asbestos-laden material, explosives,
radioactive material, animal manure, human excreta, industrial waste,
masonry waste, infectious waste, automobiles or parts, bulky items
such as furniture and mattresses, white goods, tires or yard waste
will be collected. In the event that such refuse is discovered, the
person placing such refuse for collection shall be required to remove
and properly dispose of such refuse immediately. Excreta in diapers
of infants or persons with a medical condition causing incontinence
shall be collected if such excreta is prepared for collection in compliance
with this chapter. Further, this section shall not apply to animal
waste prepared for collection in compliance with this article. Animal
waste shall be contained in a leak proof plastic bag of at least three
mil. in thickness and properly secured to prevent spillage.
(2)
Radioactive materials, drugs, poisons and like substances
shall be disposed of under the supervision of the Director of Health
or some other qualified person as dictated by State Department of
Environmental Quality regulations.
(3)
Ashes containing hot live coals or fire will not be
collected by the County.
(4)
Refuse originating outside of the County limits will
not be collected by the County.
L.
Refuse disposal in multifamily projects. Refuse will
not be collected by the County in multiple-family projects. For the
purposes of this article, the term "multiple-family" or "project"
means any apartment or other building consisting of more than six
dwelling units. This section also exempts collection from any residential
projects such as boarding houses and dormitories. The placement and
screening requirements of outside refuse and recycling receptacles
for multiple family residential and commercial developments shall
be governed by the provisions of the County's Zoning Ordinance, § 165-47.
M.
Collection of material for recycling.
(1)
Source separation of material for recycling shall
be on a voluntary basis. Persons electing to participate in recycling
efforts shall separately bundle, box or secure materials for recycling
and deposit them at the curb on the days scheduled for pickup of recyclable
material.
(2)
Recyclable material in the form of discarded newspaper,
metal, glass or plastic shall be placed within the vicinity of the
curb for pickup, collection and recycling. Anyone other than the depositor
of the material to be recycled or an agent or agency acting on behalf
of the County who removes said recyclables for his own use shall be
guilty of a Class 4 misdemeanor.
(3)
Refuse not suitable for recycling, consisting of those
items designated by the Public Works Director, shall be collected
by the County or its agents only on those days not designated for
collection of recyclable materials. Nonrecyclable materials shall
not be placed for collection on the days set for recycling collection
unless otherwise provided in this code.
N.
"Infectious waste" defined:
(1)
Any infectious waste item which has been or may have
been contaminated by an organism that may be pathogenic to humans
and in which such organism may be present in sufficient quantities
and with sufficient virulence to transmit disease shall be considered
to be capable of producing an infectious disease.
(2)
Isolation waste is infectious waste if it may have
been in contact with the patient or discharges, effusions, excreta
or body fluids of the patient. The infectious nature of isolation
wastes is governed in part by the organism of concern. The Federal
Center of Disease Control, Center for Infectious Diseases, Hospital
Infectious Program, has published Recommendations for Isolation Precautions
in Hospitals (1996) which recommends which materials to consider infective
based on the specific organism of concern. When the organism of concern
is known, isolation wastes that the guidelines recommend be considered
infective material are infectious waste, and other wastes may be considered
not to be infectious waste. However, wastes contaminated with infective
materials/infectious wastes are infectious waste.
(3)
"Cultures and stock of organisms and biologicals"
means discarded cultures, stocks, specimens, vaccines and associated
items that may have been contaminated by them are infectious wastes
if they may contain organisms that may be pathogenic to humans. Discarded
etiologic agents are infectious waste. Wastes from the production
of biologicals and antibiotics that may have been contaminated by
organisms that may be pathogenic to humans are infectious wastes.
(4)
"Blood and blood products" means wastes consisting
of human blood, human blood products (includes serum, plasma, etc.)
and items contaminated by human blood are infectious waste.
(5)
"Pathological wastes" means wastes that are human
tissues, organs, body parts or body fluids are infectious waste.
(6)
All sharps used in or related to patient care are
infectious wastes.
(7)
"Miscellaneous contaminated wastes" means all wastes,
discarded equipment and discarded products from the following facilities,
or parts of a facility, are infectious waste if within them materials
are managed that may contain organisms that may be pathogenic to humans
(administrative, clerical and other areas where the possibility of
contamination is minimal are not included):
(a)
Surgeries, autopsy rooms, examination rooms
and obstetrical rooms.
(b)
Preparation rooms at mortuaries, funeral homes
and similar facilities.
(c)
Laboratories.
(d)
Pharmaceutical, research, commercial or industrial
biological processes.
(e)
Any waste contaminated by or mixed with infectious
waste.
(f)
Hemodialysis units.
(8)
Exclusions. The following items are not infectious
wastes for the purposes of this chapter:
(a)
Human remains, including those remains identified
as under the control of a licensed physician or dentist while such
remains are being used for medical purposes, or while in preparation
by a licensed mortician for interment or cremation.
(b)
Wastes contaminated only with organisms which
are not generally recognized as pathogenic to humans, even if those
organisms cause disease in other animals or plants, and which are
managed in complete accord with all regulations of the United States
Department of Agriculture and Consumer Services.
(c)
Wastes that are clearly identifiable as wastes
and which are pathogenic to humans only through direct ingestion.
(Examples of these wastes are spoiled food or contaminated fish that
may contain pathogens, but those pathogens are only transmitted if
the material is eaten.)
(d)
Sharps generated by the occupants of a residence,
which are placed in a sealed, rigid, highly puncture-resistant container
as defined in Title 10. 1, Article 3, § 1415.1 of the Code
of Virginia. The containers shall be placed inside refuse disposal
bags or containers. If so prepared, sharps will be collected along
with other refuse.
O.
Collection from private streets.
(1)
The Public Works Director or his designee shall determine
whether the County refuse vehicles can obtain safe access to refuse
containers located along any private street or other private property
and may refuse to collect if safe access is determined not to exist.
(2)
The County shall not be responsible for any maintenance
of any private street used by the Public Works Department for collection
of refuse. If weather or other conditions exist which temporarily
prevent safe access along a private street or over other private property
or to any refuse collection receptacles, the Director or his designee
may decline to have refuse collected.
P.
Confinement of animals which interfere with collectors.
Owners of animals shall facilitate the collection of garbage, trash
or refuse by confining, during regular or special collection times,
any animals which might interfere with the refuse collectors.
A.
No person shall engage in the business of collecting,
transporting and/or disposing of solid waste in the County without
first obtaining a permit from the Director of Public Works. This provision
shall not be deemed to apply to any employee or holder of such permit
nor prohibit any individual residing in the County from collecting,
processing or disposing of their own household refuse.
B.
No such permit shall be issued until and unless the
applicant, in addition to satisfying all other requirements of this
chapter, shall provide to the Director of Public Works proof of a
current liability insurance policy covering all operations of conduct,
at least in the amount required by the Commonwealth of Virginia. The
collector shall provide notification to the Director of Public Works
on any new or replacement policy not less than 10 days prior to the
effective cancellation date of the current policy.
C.
It shall be unlawful for any person to engage in the
business or practice of collection of solid waste from residential,
commercial or industrial establishments in the County without first
having obtained an annual business license from the Commissioner of
the Revenue.
The Director of Public Works or his designee
shall issue a permit upon receipt of a complete application and upon
finding that the applicant has complied with all applicable sections
of this chapter, the County Code and the Code of Virginia.
A.
Prior to issuance of a permit, the applicant shall
provide the Director of Public Works or his designee an application
which shall contain at least the following information and documents
to ensure that the individual or company is competent to satisfactorily
and lawfully perform the proposed service. The applicant shall include:
(1)
Name of business.
(2)
Type of business (single propriety, partnership, corporation,
etc.)
(3)
Name of parent company, if applicable.
(4)
Owner or principle official (authorized representative).
(5)
Business address.
(6)
Mailing address.
(7)
Business telephone, including twenty-four-hour contact
number.
(8)
Business office staffed during normal business hours.
(9)
Name, address and policy number of liability insurance
company.
(10)
Name and telephone number of another collector
or hauler permitted with the Director of Public Works which will act
in backup capacity if hauler has only one permitted collection vehicle.
(11)
A certification by the applicant that at all
times the operation of the business will be in conformance with all
applicable statutes and ordinances as a condition to the issuance
and contained validity of the permit.
(12)
A certification by the applicant that only refuse
and recyclables from the landfill service area will be accepted.
(13)
Evidence of a valid business license issued
by the County Commissioner of the Revenue shall be required.
B.
A permit shall be issued or denied by the Director
of Public Works or his designee within 30 days of the receipt of a
complete application and all required documents.
(1)
The County Treasurer shall assign and provide to all
approved collection vehicles a permit number which shall be permanently
affixed to the reverse side of the passenger side mirror of the vehicle
for which it is issued. A copy of the permit number shall be provided
to the landfill manager.
(2)
Any vehicles that are added to a company's fleet after
the initial application must make appropriate application and obtain
a permit from the County Treasurer prior to using the County's landfill.
(3)
A hauler must notify the Director of Public Works
within 24 hours of any change of address or telephone number.
C.
Permit renewal. All permits are issued for a period
of three years. Renewal application must be made between October and
December of the third year. Permits expire effective December 31.
D.
Permit denial, suspension or revocation.
(1)
If, in the opinion of the Director of Public Works,
a hauler violates or refuses to comply with this or any provision
of this article or any regulation promulgated hereunder, the County
Code or the Code of Virginia, or any court relating thereto, the permit
of said hauler or collector may be denied, suspended or revoked by
the Director of Public Works.
(2)
In addition to the subsection above, grounds for permit
denial, suspension or revocation may include, but shall not be limited
to, repeated substantiated, unsatisfactory delivery of customer service,
failure to pay landfill tipping fees, unsatisfactory maintenance or
cleanliness of collection vehicles, as determined following inspection
by the Director of Public Works or his designee, use of the County
landfill for disposal of refuse originating outside of the landfill
service area, failure to abide by the reasonable conditions or regulations
of the Director of Public Works and the landfill manager, or failure
to abide by and update the permit application.
All alleged violations of any provision of this
article shall be reported to the Public Works Department. The Sheriff's
Department shall have concurrent authority to investigate alleged
violations.
Any person, firm or corporation who or which
shall violate any of the provisions of this article shall, upon conviction,
be punishable by a maximum fine of $2,500 or by incarceration in jail
of not more than 12 months, or by both such fine and incarceration
and/or loss of trash/recyclables disposal privileges in the County.