Article II County-Owned or -Operated Refuse Collection Methods

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.

No person shall place any household or other material on the top of or around a collection container or compactor.

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.

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.

§ 142-27 Collection and hauling from County-operated convenience sites.

No person shall mutilate, vandalize or otherwise damage a collection container or compactor or incinerate trash in a collection facility.

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.

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.

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.

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.

Vehicles.

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:

(a)

A vehicle with a watertight body, completely enclosed and covered.

(b)

A vehicle with a nonwatertight body, with a built-in cover or with a tarpaulin or equally effective cover. Such a vehicle must have secured and covered watertight containers for all liquid or semisolid material.

All vehicles must be equipped with an adequate fire extinguisher.

Refuse and recyclables collection.

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.

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.

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.

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.

§ 142-28 Curbside refuse collection by County.

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.

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.

[1]

Editor's Note: See Ch. 165, Zoning.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Refuse not acceptable for collection.

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.

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.

Ashes containing hot live coals or fire will not be collected by the County.

Refuse originating outside of the County limits will not be collected by the County.

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.

Collection of material for recycling.

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.

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.

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.

"Infectious waste" defined:

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.

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.

"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.

"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.

"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.

Collection from private streets.

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.

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.

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.

§ 142-29 Permits required.

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.

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.

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.

§ 142-30 Application required.

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.

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:

Name of business.

Type of business (single propriety, partnership, corporation, etc.)

Name of parent company, if applicable.

Owner or principle official (authorized representative).

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.

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.

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.

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.

A hauler must notify the Director of Public Works within 24 hours of any change of address or telephone number.

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.

Permit denial, suspension or revocation.

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.