Digest of Selected
Local Solid Waste
Management Ordinances
This publication (SW-38c) was written for the Federal
solid waste management program by
MEL D. POWELL, BRUCE P. FIEDELMAN, and MYONG J. ROE,
National Association of Counties Research Foundation
under Contract No. CPE 69-114
U.S. ENVIRONMENTAL PROTECTION AGENCY
1972
u.' aaiu by the Superintendent o! Documents, U.S. Government Printing Office, Washington, D.U. 20402 - Price $1 .";
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ENVIRONMENTAL PROTECTION AGLwCJf
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FOREWORD
Included in this document are digests of 100 city and county solid waste
management ordinances prepared by the National Association of Counties Research
Foundation (NACORF) on contract to this Office. The ordinances were culled
from a collection of 650, some of which were already in the files of the
National Association of Counties and the National League of Cities, and some
of which were acquired through a broadside request to local governments.
NACORF developed the standard outline form used in the digests, chose the
ordinances for digesting, and wrote the Introduction, which gives a valuable
discussion of criteria for a solid waste management ordinance, all of which
are published here without charge.
The last sentence of the Introduction (p xi)--'These ordinances are
examples, not models''--needs re-emphasis. Local solid waste ordinances, the
country over, leave much to be desired. As pointed out in the Introduction,
they are ''fragmented and negative.'' They tend to view the solid waste
management responsibilities of local governments in restricted terms; the
terminology and functions show inconsistencies; and the controls are in-
adequate, as is the range of solid waste services performed.
In this respect, the NACORF experience is instructive. NACORF had diffi-
culty in obtaining as many as 650 ordinances to work from, and from this stock
of ordinances found it barely possible to select 100 for useful digesting.
While the ten regions (in which the U.S. Environmental Protection Agency
divides the United States for working purposes) are represented in the 100
digests, three States (California with 17, Florida with 9, and Oregon with
7) are perhaps over-represented. Communities in these States were apparently
more responsive to the requests from NACORF.
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The digested ordinances are useful examples of how cities and counties
have legislated in the past. It would be still more useful for States and
communities to have a model solid waste management ordinance as a guide to
current efforts. Such a model is being developed in the Office, making use
of the best of concepts in the present volume and the knowledge of city,
county and State attorneys, legislators, and operating officials.
--SAMUEL HALE, JR.
Deputy Assistant Administrator
for Solid Waste Management
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Basic Elements of Solid Waste Management Ordinances
DIGEST OF SELECTED LOCAL SOLID WASTE MANAGEMENT ORDINANCES
Recent decades have witnessed a population explosion and a phenomenal
growth of urban areas. Changes in population size and character, and a spec-
tacular rate of urbanization, have had profound effects on the volume and
nature of solid wastes generated.
Over 3.5 billion tons of solid wastes are estimated to be generated in the
United States each year. An average of 5.3 pounds of waste is collected from
each person in the United States, and it is estimated that by 1980, per capita
waste collection will grow to 8 pounds per day. The effort expended for
managing these wastes is considerable, with an estimated expenditure of 4.5
billion dollars per year to collect, transport, and dispose of household,
municipal, commercial, and industrial wastes.
Primary responsibility for solid waste collection, processing and disposal
rests with local levels of government. However, very few communities have
implemented effective solid waste management programs. Municipal, town, or
county government officials must provide the needed leadership to effect a
solid waste management program in their communities.
A most effective approach to securing the implementation of a needed solid
waste management program is to make adequate provision for it in ordinances,
codes, or regulations.
The SOLID WASTE DISPOSAL ACT OF 1965 (P.L. 89-272) represents the culmi-
nation of federal efforts in maintaining and improving the health of our Nation
and the beauty of the environment in which we live. In accordance with the
Act the federal government assists State and local governments, and others
involved in solid waste management, by researching and demonstrating new tech-
nology, by providing technical assistance and training, and through encouraging
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proper planning for State and local solid wa.ste management programs. Since
the passage of the Solid Waste Disposal Act, several States have enacted
solid waste statutes. One major shortcoming of most existing State statutes
is their fragmentation. Too often, aspects of storage, transportation, and
disposal are treated under various legislative headings rather than being
coordinated in one. Furthermore, authority is often delegated to several
State agencies with no clear indication of their parameters of responsibility.
Most existing local solid waste management ordinances are similar to
State law; that is, they are fragmented and negative, and lacking in proper
definition of solid wastes. An effective ordinance should be conceptual
in scope and should direct the responsible local agency to work with the
responsible State agency in preparing procedures, standards, and regulations
concerning solid waste management.
ELEMENTS OF A SOLID WASTE MANAGEMENT ORDINANCE
The administrative and enforcement provisions of a solid waste management
ordinance embrace the following main features:
- Declaration of policy;
— Definitions;
— Administrative agency — organization
functions and powers;
- Standards and regulations; and
- Enforcement.
Declaration of Policy
The purpose of a declaration of policy is to guide the courts and administrators
in interpreting and applying the provisions of the law. A declaration of
policy, if properly framed, is helpful in promoting support for the law,
and establishing the scope and purpose of the legislation. In drafting
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a declaration of policy, every effort should be made to make it broad enough
to fully present the basic policy elements underlying the ordinance and to
avoid any language which would restrict the application of substantive provisions
of the legislation.
Definitions
A definition section is an integral part of a comprehensive solid waste
management ordinance. This section is important to the interpretation and
administration of the ordinance. Vague or unduly restrictive definitions
should be avoided.
A solid waste management ordinance should include broad, carefully worded
definitions, which are important to clarify the meaning of terms that are
not self-explanatory, and to adopt short terms that may be used in the body
of the ordinance to save language.
The cornerstone of any solid waste management ordinance is a working
definition of ''solid wastes.'' This definition should be broad enough to
cover garbage, refuse, and other discarded solid materials, including solid
waste materials resulting from industrial, commercial, and agricultural activities.
The definition should not include solids or dissolved material in domestic
sewage or other water pollutants.
Administration
Responsible Agency
One of the first decisions which must be made by any local community
in regard to solid waste management is the authorization of a responsible
agency. Some communities choose a single agency to be the administrative
agency while others have the responsibility distributed among several agencies.
vix
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If it is a single agency, it is usually the public works department or the
health department. If several departments are involved, It is usually these
two combined. In some communities other individuals or agencies play minor
roles.
There are advantages and disadvantages to-having a separate department.
The advantages include a separate budget, more visibility to the public and
governing body, total attention devoted to the problem, no sharing of equipment
and personnel8 direct responsibility to the elected governing board, and
higher priority status. The disadvantages include further fragmentation
of local government, lack of coordination with related programs and duplication
of certain types of personnel (e.g., budget, research, accounting).
In most communities, final responsibility rests with a single agency.
This allows for much better coordination of all aspects of the solid waste
program, but the primary responsibility should rest with the responsible
agency. From a practical standpoint, concentrating authority in a single
agency focuses responsibility.
Functions and Powers
The responsible agency can have a great variety of functions. Among
the most common and most important of these are:
— Prepare all necessary plans for a public system or approve and
regulate a privately operated solid waste system.
— Adopt, issue, amend, revoke and enforce rules and standards.
— Issue, renew and revoke permits.
- Issue warning notices and initiate proceedings after violations.
- Require submission of detailed plans and specifications for
approval orior to the issuance of a permit.
— Inspect all aspects of the solid waste management system.
viii
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Legal Authority of Agency to Act
Before any action can be taken by the responsible agency, care must
be taken to be sure that the agency has the authority to take such action.
State enabling legislation must be carefully studied to see if local government
can legally provide these services. If the local community has the authority,
any State standards or regulations to which the local law must conform must
be checked.
When the ordinance is written, care must be taken not to give the responsible
agency unlimited discretion which may make the law invalid due to unconstitutional
delegation of legislative powers, or invalid due to unlimited discretion
with no guidelines.
Advisory Committee
Few communities have, at the present time, advisory committees on solid
waste, but the establishment of such a committee is considered desirable.
The main function of such a committee should be the making of recommendations
to the responsible agency and the legislative body in the field of solid
waste management.
It should be made clear that recommendations of the advisory committee
are advisory only and not binding on the responsible agency or the legislative
body. The agency should have full authority and responsibility for making
decisions so that the committee's existence will neither weaken the authority
of the agency nor give that body an opportunity to 'shift responsibility to
the advisory committee.
Standards and Regulations
The ordinance for solid waste management should be conceptual in scope,
flexible in methods, and positive in direction. The ordinance should incorporate
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the minimum State standards. It should provide for more stringent standards
if these are more appropriate for solving local problems.
The technology of handling refuse is changing rapidly, and methods provided
for in the ordinance may soon become obsolete and prove costly in light of newer
developments. Therefore, writing specific rules and regulations into the ordinance
is not recommended.
Rules and regulations should cover all the essential elements pertaining
to solid waste management, including collection, storage, transportation, and
disposal. For example, solid wastes should be stored in a container which has
a tight-fitting cover, has suitable handles, and is water-tight and fly-proof.
Such containers should be kept tightly covered at all times and should be of
not less than thirty (30) gallons nor more than fifty-five (55) gallons in capacity
for households.
The ordinance should prohibit various undesirable practices, such as open
burning and open dumps. Scavenging and the feeding of garbage to hogs should
be carefully controlled to prevent interference with normal collection and disposal
operations.
Enforcement
There are two basic areas of enforcement, those which prevent violations
and those which proceed against alleged violators. In the first category are
included the requirements for permits which exist in most communities. The
purpose of permits is to keep potential violators out of the solid waste system.
Most communities have inspection procedures which are used to spot potential
violations before they occur.
Once violations have occurred, there are several possible types of action
that may be taken. If the violator is a permit holder, -his permit may be suspended
or revoked, but such action cannot be taken without complying with all the rules
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of administrative due process including notice and a hearing. All violators
are subject to the penalties specified in almost all ordinances.
Many ordinances provide that appeals may be taken to the courts from
orders of the responsible agency. Such appeals do not generally involve trial
''de novo'' but are primarily reviews of the leg'al propriety of the agency's
decision. If the prescribed statutory procedure has been followed and the
determination is supported by substantial evidence, the order of the agency
will usually be affirmed by the court. On the other hand, in a trial "de
novo'' the court is authorized to exercise its independent judgment on the
evidence and to make an independent determination of the reasonableness and
legality of action on all issues of law, facts, and mixed questions of law
and opinions therein involved.
Conclusion
The digest of solid waste ordinances presented in the following pages
illustrates the various and divergent approaches which are followed by various
communities in dealing with solid waste management.
The digest is divided into categories according to whether the ordinance
is from a city, county or is regional in scope. Within each of these three
categories, the ordinances are divided according to their primary function
— e.g. collection, storage, disposal or comprehensive.
The one hundred (100) ordinances included in the digest are designed
to give a cross section of ordinances being followed today in various areas
of the Nation. They are not designed to be the one hundred best ordinances
available, although they surely rank among the better ones.
Care should be taken not to assume that simply because an ordinance is
included in the digest it is good and may be adopted without changes. Each
community has its own needs and resources, and each community has different
legal authority. These ordinances are examples, not models.
xi
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TABLE OF CONTENTS
Page
INTRODUCTION
CITY ORDINANCES
Category
COLLECTION
STORAGE
DISPOSAL
COMPREHENSIVE
City
Number
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
City
Name
Escoi
IngL
Los .
Nortl
Elmhi
Ann j
Dului
Kans,
Spar!
Ramaj
Oklal
Beav<
Dalli
Abinj
Tucsi
Bluf:
Chest
Iron<
Oklal
Fairl
Fremt
Escondido, California
Inglewood, California
Los Angeles, California
North Miami Beach, Florida
Elmhurst, Illinois
Ann Arbor, Michigan
Duluth, Minnesota
Kansas City, Missouri
Sparks, Nevada
Ramapo, New York
Oklahoma City, Oklahoma
Beaverton, Oregon
Dallas, Oregon
Abington, Pennsylvania
Tucson, Arizona
Bluffton, Indiana
Chesterfield Township, Michigan
Irondequoit, New York
Oklahoma City, Oklahoma
Fairbanks, Alaska
Fremont, California
1
5
9
12
16
19
22
26
30
33
37
40
44
47
50
54
58
61
64
69
72
xiii
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22 Fresno, Calif. 77
23 Sacramento, Calif. 80
24 San Jose, Calif. 82
25 Santa Rosa', Calif. 85
26 Aurora, Colorado 88
27 Boulder, Colorado 91
28 Westport, Connecticut 96
29 Washington, D. C. 100
30 Clearwater, Florida 105
31 Ft. Lauderdale, Florida 109
32 Jacksonville, Florida 113
33 Miami, Florida 117
34 Miami Springs, Florida 121
35 St. Petersburg, Florida .125
36 Sarasota, Florida 129
37 Grangeville, Idaho 133
38 Idaho Falls, Idaho 137
39 Moscow, Idaho 140
40 Moline, Illinois 143
41 Richmond, Indiana 147
42 Bettendorf, Iowa 150
43 Dubuque, Iowa 156
44 Kansas City, Kansas 159
45 Salina, Kansas 164
46 Wichita, Kansas 167
47 Louisville, Kentucky 170
xiv
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COUNTY ORDINANCES
Category
COLLECTION
DISPOSAL
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
County
Number
66
67
68
69
70
71
Baton
Rockvi
Brookl
Detroi
Culber
Grand
ATbuqu-
Hyde P.
Red Ho<
Roches
Hamilti
Astori
Salem,
Memphi;
El Pas-
Logan i
Othelli
Green :
County
Name
Los An]
DuPage
Kane , '.
Madisoi
Wells ,
Jeffer;
Brookline, Massachusetts
174
179
184
188
192
195
199
202
206
209
214
217
223
227
230
234
238
243
248
251
255
258
262
265
xv
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72 Anne Arundel, Maryland 269
73 Washington, Minnesota 273
74 St. Louis, Missouri 277
75 Douglas, Nebraska 280
76 Umatilla, Oregon 283
COMPREHENSIVE 77 Madera, California 286
78 Napa, California 289
79 Sacramento, California 293
80 San Bernardino, California 297
81 San Diego, California 301
82 San Joaquin, California 305
83 Santa Barbara, California 310
84 Sonoma, California 314
85 Dade, Florida 318
86 DeKalb, Georgia 322
87 Baltimore, Maryland 326
88 Montgomery, Maryland 331
89 Prince George's, Maryland 334
90 Kalamazoo, Michigan 338
91 Los Alamos, New Mexico 343
92 Iredell, North Carolina 346
93 Mecklenburg, North Carolina 349
94 Marion, Oregon 352
95 Washington, Oregon 357
96 Allegheny, Pennsylvania 360
97 Salt Lake, Utah . 363
xvi
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98 Fairfax, Virginia 366
99 Prince William, Virginia 369
REGIONAL ORDINANCE
Region Region
Number Name
100 Central Savannah River 373
Area, Georgia
xvii
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ESCONDIDO, CALIFORNIA
I. NAME OF ORDINANCE
Ordinance No, 509 - October 20, 1954.
II. GENERAL STATEMENT
1. Declaration of Policy
This is an Ordinance regulating the keeping, collection, and
disposal of garbage, trash, and rubbish.
2, Definitions
a. Garbage - includes all animal and vegetable refuse from kitchens
of households, restaurants, stores, markets, warehouses
and delivery vehicles, all household waste which has been
prepared for food, or shall have resulted from the preparation
of food or table refuse or offal, and every accumulation of
animal, vegetable and other matter that attends the prepara-
tion, consumption, decay, dealing in or storage of meats,
fish, fruits, or vegetables, and shall include all garbage
which shall have resulted from the sorting or the commercial
preparation or processing of food or food products by any
food manufacturer or distributor. (Section la)
b. Combustible Rubbish - includes all papers, rags, discarded
household bedding, excelsior or other packing materials,
cartons, boxes and containers of wood or fiber, sawdust, or
shavings from lumber yards, mills, factories or shops,
lumber scraps, wood or wooden articles, grass, trees, plants,
vines and the prunings thereof. Combustible rubbish shall
not include dirt, sweepings, plaster or other building
materials, whether combustible or noncombustible, resulting
from the repairing or demolishing of old buildings or
resulting from new construction. (Section 1b)
C. Noncombustible Rubbish - Includes all refuse matter not included
within the term ''combustible rubbish'' herein-before
described, and shall include among other things, ashes
weighing with container not over fifty (50) pounds, bottles,
broken glass, crockery, earthenware, tin cans, tinware, wire,
wire netting, and other articles of discarded metal or stone
of less than twenty (20) pounds in weight each, automobile
tires and tubes, batteries, metal kegs, barrels, or casks,
but shall not include dirt sweepings, rocks, or stones as
such, or bricks, plaster, mortar, or other building materials,
whether combustible or noncombustible, resulting from the
repairing or demolishing of old buildings or resulting from
new construction. (Section 1e)
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III. ADMINISTRATION
1. Responsible Agencies
a. Health Officer (Section 5)
b. City Administrator (Section 8d)
c. City Council (Section 9)
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2. Functions and Powers
a. Health Officer
(1) To issue order prohibiting certain refuse burials; such
orders are final. (Section 5)
b. City Administrator
(1) To regulate method of conveyance of garbage and to approve of
all vehicles used. (Section 6)
(2) To charge for and supervise all collection and removal. (Section 8d)
(3) To cancel any charge for collection if he feels collection
not necessary. (Section 12)
c. City Council
(1) To contract for disposal of garbage and rubbish. It shall
not be required to accept lowest bid but may accept contractors
it feels are best qualified. (Section 9)
(2) To terminate contract upon failures to conform to contract
or Ordinance after hearing. (Section 9)
IV. SCOPE OF LEGISLATION
1o Standards and Regulations
a. It is the duty of every person owning or occupying a place of residence
to provide and keep in an easily accessible place a garbage
collector. It must be a water-tight metallic receptacle with
suitable handles and a tight-fitting cover. It shall have a
capacity of between five and 20 gallons and a weight not to exceed
50 pounds when filled. (Section 2)
' b. Garbage or garden refuse may be buried in the ground if covered by
at least 12 inches of soil in such a manner as to prevent the
escaping of odors and at least 60 feet from any place of human
habitation. If the burial becomes a nuisance or endangers public
health, the health officer may prohibit it, and such an order is
final. (Section 5)
c. When not actually collecting garbage, all collection vehicles shall
be covered so as to prevent flies, offensive odors or loss of
garbage, (Section 6)
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d. All garbage or rubbish gathered and collected by the contractor
shall be destroyed or otherwise disposed of by said contractor in
a manner satisfactory to the City Council. (Section 7)
e. The maximum amount of garbage for a single family residence or
unit is 20 gallons; the maximum amount of combustible rubbish is
100 pounds and noncombustible rubbish is 80 pounds. No bundle
or container shall weigh more than- 50 pounds. Collection shall be
at least twice a week. (Section 8a)
f. For business establishments, collection shall be daily except
Sunday and holidays. The maximum amounts and weights are the same
as for residences except there may be no more than 30 gallons of
garbage. (Section 8b)
g. In residential areas, no less than two (2) nor more than four (4)
days shall elapse between collections, and they must be on the same
days each week. If collection day is on January 1, Memorial Day,
July 4, Labor Day, Thanksgiving, or Christmas, collection may be
made the preceding or succeeding day provided the intention to do
so is published in collection schedules. (Section 8c)
h. If any person desires to have more collections than are provided
for, he may make a private contract with the contractor with
payment directly to the contractor. (Section 10)
i. For collection services of garbage and rubbish, there shall be
charged such sums as may be determined by the City Council. (Section 10)
2. Prohibited Activities
a. It shall be unlawful to gather, collect, remove or disturb any
garbage, combustible or noncombustible rubbish from any receptacle
or transport such materials without having a contract with the
City. (Section 3)
b. It shall be unlawful for any person to burn any garbage. (Section 4)
c. It shall be unlawful to throw, place, or scatter any garbage, garden
refuse, combustible or noncombustible rubbish upon or below the
surface of any premise except as provided in IV. 1. b. (Section 6)
V. ENFORCEMENT
1 * Requirements for Permits
City Council has power to let contracts for collection of garbage and
rubbish. Council may take the bidder it deems best even if not the
lowest bidder. (Section 9)
2. Liability for Violators
Any person violating any provision of this Ordinance shall be
deemed guilty of a misdemeanor.
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3. Administrative Proceedings
a. Health Officer may issue order prohibiting certain burials of
garbage and such order is final. (Section 5)
b. If contractor fails to conform to the contract or this Ordinance,
City Council mays at its option, and after a hearing, terminate
the contract upon ten days notice and let out a new contract.
(Section 9)
4. Penalties
Penalty shall be, upon conviction, a fine of not more than $200
or imprisonment of not more than three months or both, (Section 13)
5 „ Performance. Bonds
City Council may set as a condition of granting the contract
a performance bond in an amount to be determined by the Council.
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INGLEWOOD, CALIFORNIA
I. NAME OF ORDINANCE
Inglewood Municipal Code - Chapter 2 Refuse Ordinance No. 1893
December 30, 1966,
II. GENERAL STATEMENT
1. Declaration of Policy
An exclusive municipal system for the collection of all refuse is
necessary for the presentation of the public health, welfare
and safety, (Section 5201)
2. Definitions
a. Garbage - includes all animal and vegetable refuse from kitchens
and household waste that shall have been prepared for or
intended to be used as food or shall have resulted from the
preparation of food, all table refuse and every accumulation
of animal and vegetable refuse that attends the preparation,
consumption, decay, dealing in or storage of meats, fish,
fruits or vegetables, except suet, tallow, bones or meat,
trimmings that the owner or producer thereof can sell for a
price greater than his cost, if any, of transporting such
suet, tallow, bones and meat trimmings to the point of
delivery.
b. Salvage - includes rubbish from which articles of value or material
of value may be extracted, segregated, removed or developed.
C. Refuse — includes combustible waste material, noncombustible waste
material, garbage as defined in this chapter, and shall include
waste material and rubbish of every character and nature
collected or accumulated within the City, except by-products
salvage and junk, provided, however, that whenever, at the
election of the disposing person or establishment, the
collection and disposal of by-products, salvage or junk is
by a contract agent, such shall be construed as refuse.
Refuse shall also include all materials where the cost of
hauling the same to the point of delivery exceeds the sales
price.
d. Rubbish - includes waste material and refuse of every character
both combustible and noncombustible collected or accumulated
within the City except garbage, by-products, salvage or junk.
Rubbish shall also include all material except garbage, where
the cost of hauling the same to the point of delivery exceeds
the. sales price.
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e. Junk - includes worn-out and discarded material that may be turned
to some use but shall not include rubbish, by-products or
salvage.
f. Approved Refuse Container, Residential District - a commercially
manufactured refuse container made of galvanized metal,
heavy-duty plastic, or pressed fireboard, of at least 20
gallons capacity, but not to exceed 40 gallons capacity, and
equipped with an insect-proof cover. Said cover shall not
be attached to the container. An approved refuse container
shall be free from rough edges or jagged surfaces which
would be likely to cause injury to persons lifting them. (Amend.
Ordinance 1946, Effective 4-4-68)
g« Wrapped Garbage - includes garbage, food plant waste, and market
refuse, that has been drained and securely wrapped in paper
sacks, commercial paper or newspapers of sufficient thickness
to prevent the refuse from being exposed to flies.
III. ADMINISTRATION
1. Responsible Agency
Administrative Officer, Director of Public Works, Assistant Street
Superintendent, and the Sanitation Superintendent. (Section 5200.15)
2. Functions and Powers
a. To supervise collection and removal of all refuse. (Section 5209)
be To make such rules as may be necessary, reasonable and proper.
(Section 5210)
c. To approve schedule of collections. (Section 5211 and 5214)
d. To designate special collection points. (Section 5212)
e. To designate regular collection points. (Section 5213)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. General
Every owner, tenant, occupant or person in care of premises
shall keep his premises in a clean and sanitary condition.
(Section 5203)
b. Storage
(1) Refuse shall be placed in approved receptacles wherever
practicable. (Section 5206)
(2) All trimmings shall be placed for collection in:
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(a) bundles not exceeding four feet in length and two feet
in diameter, and not exceeding 60 pounds gross weight
(b) approved refuse container with gross weight not exceeding
60 pounds.
(c) cardboard box or other disposable container not exceeding
three cubic feet in capacity or 60 pounds gross weight
per container.
All other refuse shall be placed in approved refuse containers
or disposable containers, neither of which shall exceed 60
pounds gross weight. (Section 5215)
(3) Each place in city shall provide its own receptacles. (Section 5216)
(4) All refuse which accumulates shall be placed in approved
receptacles. (Section 5217)
(5) All receptacles shall be kept in a safe and sanitary condition
and shall be of such size, shape and weight as to be easily
lifted into the collection vehicle. (Section 5218)
c. Collection
(1) The city shall provide for collection at least once each week.
(Section 5207 and 5214).
(2) The contract agent shall collect and remove all properly
placed refuse. (Section 5208)
(3) The following items shall not be collected:
(a) Ammunition, explosives or inflammables (should be
delivered to police or fire departments).
(b) Animal excreta (dispose by sewer or burying).
(c) Hot or dry ashes (must be damp).
(d) Dead animals (Call SPCA).
d. Disposal
Burying shall only be done with permission of health
officer and such refuse shall be immediately covered with
earth. (Section 5202)
2. Prohibited Activities
a. No person shall place or permit to remain upon the surface of
his premises any refuse. (Section 5204)
b. No refuse shall be accumulated for any period exceeding one
week. (Section 5205)
c. No person except the City permit holder or contract agent shall
collect refuse. (Section 5219)
ENFORCEMENT
1. Requirements for a Permit
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a. Permit required to collect any refuse except by City or contract
agent. (Section 5220)
b. Upon application, city may grant permit immediately or may set
the matter for a hearing (see Section on hearings), but no
application may be denied without a hearing. (Section 5220)
c. The conditions upon which the permit is to be granted must be met.
(Sections 5220.4 and 5220.5)
cL The duration of the permit shall not exceed one year. (Section 5220)
2. Administrative Proceedings (Hearings)
a. Hearings on permit applications
(1) If hearing is set on permit application, it shall be set
within 21 days after receipt of the application and the
applicant shall be notified as to time and place of the
hearing. (Section 5220.2)
(2) The City Council shall hear such evidence as the applicant
cares to offer. A determination shall be made within 10
days after conclusion of the hearing and said determination
shall be final.
b« Hearings and fee appeal
(1) Appeal be made in writing by filing with the City clerk,
(Section 5225)
(2) The Administrative Authority shall investigate and either
grant the relief requested or set the matter for a hearing
before the City Council. At said hearing, the applicant
shall be given the opportunity to prove any error in the
charges. The determination reached by the City Council will
be final. (Section 5226)
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LOS ANGELES, CALIFORNIA
I. NAME OF ORDINANCE
Minimum Regulations for Dumps in the City of Los Angeles as amended
June 2, 1967.
II. GENERAL- STATEMENT
1. Declaration of Policy
These rules cover application for and maintenance cf dumps within the
city. These are regulations cf Bo-rd of Public Works.
III. ADMINISTRATION
1. Responsible Agency
Department of Public Works (Section 10)
2. Functions and Powers
a. To accept applications and issue permits.(Section 101)
b. To suspend or revoke permits. (Section 10)
c. To make inspections (Section 2)
3. Relationship to other Programs (Section 10)
Nothing in these regulations shall preclude enforcement by
applicable provisions of the Municipal Code or state law by the
duly responsible agencies,
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. Dumps used for noncombustible material shall be maintained so as
to avoid creating a dust nuisance and avoid harboring rats.
(Section 4)
b* Toilet facilities must be properly maintained within 300 yards
of dumping operation.(Section 5)
Ce Fences shall be provided and maintained to prevent unauthorized
entry. Fencing must also be suitable to prevent neighborhood
nuisances by windblown paper and debris. (Section 6A)
d«, Where salvaging permitted, material must be removed daily and
residue placed in current dumping area arid covered daily.
(Section 6B)
e. Approved methods to minimize dust shall be used. (Section 6C)
fe Install and maintain 20 feet paved roadway within disposal site
from adjoining thoroughfare a minimum of 300 feet beyond gates.
(Section 6D)
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g. All infestation must be immediately controlled and area covered
by at least one foot of earth. (Section 6f)
h. Approved water supply for firefighting shall be provided.
(Section 7A)
i« Approved sanitary drinking supply shall be provided. (Section 7B)
j. All surface waters shall be diverted from site so as to prevent
percolation. (Section 7C)
k. Dumping operations shall be kept _at least 50 feet from any
watercourse or proposed drainage channel. (Section 6B)
2. Prohibited Activities
No salvage operations permitted unless specifically authorized
by the permit. (Section 6B)
3« Approved Operations of Solid Waste Facilities
a. All waste materials shall be spread and compacted in successive
layers not to exceed three feet compacted depth unless solid
noncombustible material exceeds three feet. Compaction shall be
done to reduce voids and level surface to properly support
covering material. (Section 3A)
b. Watering may be done to aid compaction if it does not result in
leaking, contamination, pollution, odor or become a nuisance.
(Section 3B)
c« When depth of compacted material reaches maximum of nine feet,
surface shall be leveled and covered with at least nine inches of
earth. (Section 3C)
d« All deposited waste materials must be covered by midnight of
day material is dumped or deposited. (Section 3D)
The edge of dump where material is regularly dumped need not be covered
providing:
(1) Papers and other waste materials which may scatter are
properly secured.
(2) Top and all sides are compacted and covered.
(3) Quantities of materials which may produce odor nuisances,
fly breeding, rodent infestation are not exposed.
(4) Working face does not remain uncovered longer than overnight
or weekend.
(5) Department of Public Works can order a cover notwithstanding
these exceptions.
e«, Top surface and all sides shall be maintained so that no refuse or
rubbish is visible. (Section 3E)
f. After dump filled, a final seal of at least two feet of well
compacted material shall be applied to top and all sides within
60 days, (Section 3F)
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g. Only two feet layer of manure or organic food wastes permitted for
each nine feet left. (Section 3H)
h« Certain materials are prohibited at dumps unless specifically
provided. (Section 31)
1. No open fires or burning allowed in the site. (Section 3J)
j„ No excavation shall be made to a depth of greater than ten feet
above maximum ground water table. (Section 7E)
V« ENFORCEMENT
1« Requirements for Permits, etc. (Section 1)
a. Applications must include a report containing all necessary
information as to operators, owners of land, permission to use
land, etc.
b» Permits issued only to operators.
c. All applications must include a detailed map showing:
(1) Entire site
(2) Current ground water level and maximum highwater level of
record.
(3) Any water ways or channels likely to affect the site.
(4) Location of wells and springs.
(5) Contours of site before and after filling.
(6) Type of underlying soil
(7) Existing and proposed building locations.
(8) Intended points of ingress and egress plus means for
controlling dust in the streets,
(9) Location and type of fence.
(10) Estimated time of completion plus schedule of hours and fees.
2« Inspections
a. Board of Public Works and other agencies may make inspections as
often as necessary. (Section 2)
b. Inspection must be made by agent at least once a day for rodents,
insects, etc. (Section 6F)
3« Administrative Proceedings
a. Report shall be filed with Board showing premises have been
checked for rodents and what measures were taken. This must
be done at least once a month. (Section 6G)
be Permission to deviate from certain requirements noted herein
may be granted only after concurrence of all other departments
concerned. (Section 8)
4. Performance Bonds
Surety bond of $10,000 required and this shall continue in effect
for 12 months following termination of authority or completion of
operations. (Section 9)
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NORTH MIAMI BEACH, FLORIDA
Ic NAME OF ORDINANCE
Garbage, Trash, and Weeds - Chapter 10, Article 1, November 29, 1957,
and later amended.
II. GENERAL STATEMENT
1. Declaration of Policy
This Ordinance is concerned with the collection and storage of
garbage and trash.
2. Definitions
a. Garbage - includes every refuse accumulation of animal, fruit,
or vegetable matter that attends the preparation, use, cooking,
dealing in, or storage of, meats, fish, fowl, fruit, or
vegetables, and any other matter of any nature whatsoever,
which Is subject to decay and the generation of noxious or
offensive odors, or which, during or after decay, may serve
as breeding or feeding materials for flies or other germ-
carryirig insects; and any bottles, cans or other containers
which due to their ability to retain water, may serve as
breeding places for mosquitos or other water-breeding
insects. (Section 10.1 a)
b« Trash - includes refuse accumulation of paper, bound paper,
cardboard, wooden or paper boxes or containers, crates,
sweepings, scrap metals, and all other accumulations of a
a nature other than garbage, which are usual to housekeeping
and to Che operation of stores, offices, and other business
places. In general, trash shall be deeme.d to be all
discarded salvable materials, save organic garbage. (Section 101.1b)
e. Garbage can - water-tight metal container with suitable handles
and a tight-fitting cover of type commonly sold as a garbage
can with a capacity of not more than thirty gallons.
(Section 10.1c)
d. Trash can - water-tight metal container with suitable handles and
a tight-fitting cover of type commonly sold as a trash can
with a capacity of not more than thirty gallons. (Section 10.1d)
III. ADMINISTRATION
1. Responsible Agency
a. City Manager (Section 10-2)
b. City Director of Public Works [Section 10-19(c)]
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2. Functions and Powers
a. City Manager
To formulate manner, place of collection, type of
notice, discount, penalties. (Section 10-2)
be City Director of Public Works.
To enforce city sanitary code, issue citations and summons
for violation, recommend suspension or revocation of
trash license. [Section 10-19 (c)]
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. Residential
Every dwelling place must have at least one garbage can.
[Section 10.7 (b) (4)]
b. Commercial
(1) If more than seven, 20-gallon garbage cans needed, one mobile,
one cubic yard container must be used for each additional
seven cans. [Section 10.7 (b) (1) (a)]
(2) The above subsection also applies to trash can except capacity
of trash cans may be 30 gallons. [Section 10.7 (b) (1) (b)]
c. Duplex; Multiple-Apartment; Co-operatives; Motels and Hotels.
There must be at least one trash can and one garbage can for
each living unit contained herein, except if more than seven
are required, one mobile one cubic yard container shall be
used for each seven cans. [Section 10.7 (b) (1) (c)]
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(1) Garden trash shall be deposited in front of premises. Trunks
and branches must be cut into lengths not to exceed five
feet and no single piece shall exceed fifty pounds in eight.
(Section 10.10)
2, Prohibited Activities
a. It shall be unlawful to deposit garden trash on any adjoining lot
whether vacant or improved, occupied or unoccupied or upon any
other lot or premises, or street, alley or park, or any canal or
waterway, lake or pool within the city. (Section 10.10)
b« It shall be unlawful to deposit or allow a person under their
control to deposit in any of the waters of the lakes, rivers, canals,
streams, ditches, rock pits or sumps, within the limits of the
city, any rubbish, filth, or poisonous or deleterious substance,
or substances, liable to affect the health of person, fish or
livestock, or place of deposit. (Section 10.11)
c. It shall be unlawful to deposit on or bury in any land within the
city limits any garbage or trash except as provided in this
chapter. [Section 10.12(1)]
d. It shall be unlawful to remove or convey any garbage or trash upon
or along any public street or alley except as provided.
[Section 10.12(2)]
e. It shall be unlawful to place or cause to be placed on or in any
public street or alley discarded building material, dirt, rock,
glass, or scrap iron for collection. [Section 10-12(3)]
f. It shall be unlawful to permit an accumulation of garbage or
trash upon any premise in the city for a period longer than seven
days. [Section 10.12 (4)]
g. It shall be unlawful to owner or occupant of any land to permit
to remain thereon any accumulation of debris, decayed vegetable
matter, filth, dangerous trees, rubbish or trash, or growth of
weeds, noxious plants or weeds.
V. ENFORCEMENT
1, Requirements for Permits
a. No new business shall be issued an occupational license until
deposit covering trash collection service is paid. [Section 10-9(a)]
b« Private commercial trash collection must obtain a special trash
occupational license following application and approval by city
council. This enterprise is under direct supervision of City Director
of Public Works. [Section 10-19(b)]
Ce The cost of such a license is two hundred dollars. [Section 10-19(e)]
2. Inspection Procedure
All garbage cans, trash cans, and mobile containers subject to
inspection and approval or condemnation by superintendent of the
sanitation department. [Section 10-7(a)(3)]
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3. Administrative Proceedings
a. Should owner or occupant of any land, fall, refuse, or neglect to
remove accumulation of debris, decayed vegetable matter, filth,
rubbish, trash, dangerous trees or excessive growth of weeds, etc.,
he shall be served with a thirty-day notice in writing directing
the owner or occupant to abate the nuisance. (Section 10-15)
bo If after thirty days the nuisance is not abated, the city may
undertake to do so and assess the costs by lien against the
property. (Section 10-16)
c« Service upon the owner or occupant of notice to abate shall either
be by personal service or mailing the notice to last known address
as it appears on city records. If address of owner is unknown,
service of notice shall be made by posting notice on the property.
(Section 10-13)
4. Penalties
Should the owner or occupant violate any or all provisions of this
chapter, he shall be punished as provided in Section 18 of this
code in addition to other penalties and remedies herein provided.
Each day that a violation is permitted to exist shall constitute
a separate offense. (Section 10-18)
5« Injunctive Powers
The City Director of Public Works, and for good cause shown, shall
have the right to recommend the suspension and/or revocation of any
occupational trash license issued by written request and report to
the city council and for violation of the terms of this section or
for violation of any ordinance of the city. [Section 10-19 (d)]
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ELMHURST, ILLINOIS
I. NAME OF ORDINANCE
Chapters 16 and 17 of Elmhurst City Code - June 2, 1969,
II. GENERAL STATEMENT
Definitions
a. Brush - includes trimmings from trees, bushes, shrubs and lawns
but excluding branches over two inches in diameter at the butt.
b« Garbage - includes animal or vegetable waste such as that from food
supply and offal including only such paper in which it may
be wrapped,
c. Rubbish - includes ashes, cinders, glass bottles, cans, and other
refuse,
d. Scavenging - includes collection of garbage, rubbish, brush or
any other refuse. (Sections 16.01 and 17.01)
III. ADMINISTRATION
Responsible Agency
City Council
IV, SCOPE OF LEGISLATION
1* Standards and Regulations
a» Storage
(1) Owner or occupant shall provide sufficient containers in good
condition. (Section 16.02a)
(2) Garbage containers shall be water tight, have a close-fitting
cover, handles, and a capacity not exceeding 25 gallons.
(Section 16.02b)
(3) Rubbish containers shall be water tight and shall have a
capacity not to exceed 2 2/3 cubic feet or 20 gallons and
shall have sufficient handles at the sides. (Section 16.02c)
b. Collection
(1) Occupant shall place containers at edge of sidewalk for
collection. (Section 16.03)
(2) Ashes shall not be kept in building and shall be disposed of
at the occupant's or owner'j expense except where quanity
does not exceed capacity of two containers, ashes may be
placed in container. (Section 16.04)
(3) Any person owning a place of business where food is consumed
or dispensed for revenue shall have daily collection of
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materials and dispose of them through either burning in an
approved incinerator or some lawful manner outside the city.
(Section 16.05)
2. Prohibited Activities
a. It shall be unlawful to deposit anything other than garbage in a
garbage container or to deposit garbage In any container or place
other than the container designed for garbage. (Section 16.02d)
bt It shall be unlawful to dump garbage anywhere in the City and
except with a permit, it shall be unlawful to dump any rubbish or
waste which might be contaminated or which might be scattered.
(Section 16.07)
c. It shall be unlawful to dump or burn leaves or any material on the
street nor shall any sweepings be swept into the street or gutter.
d. It shall be unlawful to burn garbage or rubbish within the city
in such a manner as to create a nuisance or endanger health.
(Section 16.9)
e. It shall be unlawful to install or operate a plant for burning of
garbage or refuse until plans have been filed with the Superintendent
of Building Construction and approved by him and a permit issued.
(Section 16.09)
V. ENFORCEMENT
1« Requirements for Licenses
a. License required for scavenging.(Section 17.02)
b. Application shall be made to city clerk and include name and
address of applicant, penal history, and legal status of
applicant. (Section 17)
Ce Licenses shall not be issued to persons in certain classes.
(Section 17.04)
d. Fingerprints and photographs are required to be submitted with
application. (Section 17.06)-
e. The license shall be effective from May 1 - April 30. (Section 7.10)
2. Liability for Violators (Section 17.11)
City council may revoke or suspend any license due to:
a. Conviction of any crime which would have made applicant ineligible
for the issuance of such license.
b. Violation of any ordinance or statute regulating the business of
scavenging.
e. Performance forfeited or license revoked, and revocation is not
revised. (Section 17.13)
3. Administrative Proceedings
a. Applicant for license
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City Council may require applicant to appear at a hearing to
be examined and may require production of any hooks, records
or other papers that the Council deems material to the
determination of the application. The failure to appear or
produce the requested materials or to answer any charge
within three days shall, without good cause, be 'deemed an
admission that the applicant is not qualified. (Section 17.05)
b. Revocation of License
(1) No license can be revoked or suspended by City Council
without a public hearing.
(2) Licensee shall be given five days notice of the hearing
and the charges against the licensee shall be specified.
(3) The notice shall be delivered personally or, if impossible
to do so, shall be left with any person over 12 at last
address of licensee.
(4) Licensee shall have opportunity to answer charges in writing
and to appear and defend at said hearing.
(5) Within ten days after the conclusion of the meeting, the
Council shall determine the issues and, if it shall decide
to suspend or revoke the license, the licensee shall be
notified within ten days of such action and the causes
thereof. (Section 17.12)
4. Performance Bond
A $1,000 bond must be filed with application. In lieu of such
bond, $1,000 in cash may be deposited. (Section 17.07)
5. Insurance
$100,000/person
$300,000/accident for personal injuries
$ 10,000/accident for property damage
Expiration of insurance without renewal shall result in voiding
of license.
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ANN ARBOR, MICHIGAN
I. NAME OF ORDINANCE
Title II - Utilities and Services, Chapter 26 "Refuse"
February 21, 1957 and later amended.
II. GENERAL STATEMENT
Definitions
a. Garbage - includes putrescible animal and vegetable waste resulting
from the handling, preparation, cooking, consumption of
food, including cans, container? and wrappings wasted
therewith.
b. Normal Commercial Collection - the collection without charge of
two twenty-five gallon containers three times per week.
c. Normal Residential Collection - the collection without charge of
no more than three twenty-five gallon containers per week
plus bulk refuse as defined herein after at Section 2:3,
subsection (2)d.
d« Refuse - includes all putrescible and nonputrescible solid
waste (except body waste and sewage waste), which is
composed wholly or partly of garbage, rubbish, ashes,
sweepings, solid market and industrial wastes, and other
such substances which may become a nuisance.
e« Rubbish - includes nonputrescible solid wastes consisting of
both combustible and noncombustible wastes, such as paper,
cardboard, glass, crockery, and similar materials but
excluding items such as broken co_ncrete stones, tree trunks,
and also excluding such items that cannot effectively be
handled by two men, such as pianos, refrigerators, etc.
(Section 2.1)
III. ADMINISTRATION
1. Responsible Agency
Superintendent of the Public Works Department.(Section 2.2)
2. Functions and Powers
a. To supervise collection, conveyance, and disposal of all
refuse.
b. To make reasonable rules and regulations
c. To supervise and operate sanitary landfill.(Section 2.2)
IV. SCOPE OF LEGISLATION
1» Standards and Regulations
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a, Storage
(1) Every occupant or owner shall maintain the premise in a
clean and orderly condition.
(2) All structures built after May 15, 1968 shall have certain
minimum standards for storage of refuse.
(3) For all other structures, there shall be sufficient containers
to hold two weeks' accumulation of refuse.
(4) General Regulations
(a) Containers (non-mechanical) shall riot exceed 25 gallons
capacity, be in good repair, leakproof, rodent proof
and free from holes.
(b) Containers shall have tight-fitting covers and
adequate handles.
(c) Tree trimmings, hedge clippings, cardboard containers
and other bulk refuse must be securely tied in bundles
not exceeding 48 inches in diameter and 75 pounds in
weight.
(d) Building materials shall not be deposited in containers
but must be disposed of with other bulky items as an
''extra service.''
(e) Dead animals, animal waste, liquids, hot ashes, dangerous
chemicals or explosives shall not be placed in containers
but must be otherwise disposed of by the owner.
(f) No container shall be filled beyond its capacity.
(5) Containers shall be placed for collection a,t places easily
accessible to the collector. (Section 2.3)
b« Collection
Person may dispose of his own refuse by:
(1) Approved incinerator or garbage grinder within a building.
(2) By outside incineration if refuse can be burned without
objectionable odor and contains no garbage.
(3) By transporting to city sanitary landfill if approved by
the Superintendent. (Section 2.4)
c. Transportation
(1) Vehicles shall be kept clean and in good repair
(2) Vehicles shall be maintained and operated so that there
shall be no spillage.
(3) Hauling body shall be water tight and completely enclosed.
(4) During fly-breeding season, all vehicles used to transport
refuse containing putrescible materials shall be treated at
intervals in the manner indicated by the Superintendent.
[Section 2.5(2)]
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V. ENFORCEMENT
1 „ Requirements for Licenses
a. Application shall be made to City Clerk.
be Superintendent must certify ability of license and equipment to
conduct a refuse collection business.
c. License shall be from May 1 - April 30. [Section 2.5(1)]
2, Liability for Violators
Superintendent shall revoke license of any collector who fails to
abide by the provisions of this Chapter or the rules and regulations
of the Superintendent. [Section 2.5(3)]
3. Penalties
Violation of any provision of this Chapter is a misdemeanor and
punishable as such. (Section 2.6)
4. Insurance
$ 50,000 personal injury to one person
$100,000 personal injuries or damages in one accident
$ 25,000 property damage [Section 2.5(2b)]
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DULUTH, MINNESOTA
I. NAME OF ORDINANCE
Legislative Code of Duluth, Minnesota, Chapter 24 - Garbage, Trash,
and Refuse, September 24, 1960.
II. GENERAL STATEMENT
Definitions
a. Ashes -- includes cinders and all solid products of complete
combustion of wood, coal, or other combustible material;
provided that it has been completely burned and if not
mixed with any combustible or unsanitary material.
b. Garbage — includes all combustible matter which is liable to
ferment, decay, petrify, decompose or become offensive or
a menace to health, the refuse matter from kitchens, pantries,
dining rooms and other parts of hotels, restaurants, boarding
houses, etc, or refuse fruit or vegetable matter.
c. Rubbish — includes all crockery, bottles or refuse glass, tin cans
and other metal and noncombustible substances in whatsoever
form the same may be, and all combustible materials or
waste. (Section 24-1)
III. ADMINISTRATION
1. Responsible Agency
Director of Public Health (Section 24-8)
2. Functions and Powers
a. To revoke license upon good cause shown after public hearing,
(Section 24-7)
b« To make, all collections and removals. (Section 24—8)
c. To fix fee schedule, character and quantity of material collected
and removed, etc., subject to approval of city council.
(Section 24-10)
d. To establish various collection districts and decide which items
will and will not be collected. (Section 24-11)
e. To inspect all receptacles and vehicles and, if unfit, prohibit
their use until put in proper repair. (Section 24-16)
f. To investigate vehicles and equipment of license applicant for
conformity and direct city clerk to grant or refuse license.
(Section 24-3)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. It shall be the duty of any licensed person to collect and remove
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any of materials and substances specified in ordinance, establish
and maintain systematic and regular collection and furnish
printed schedule of collection service.
b. No licensee shall charge in excess of maximum fee. If he has good
cause to believe he will not be paid, he may demand payment for
services rendered in advance. If such payment is refused, he is
not required to make such collection until he is paid. When
licensee is directed in writing by director of public health to
make such collection whatsoever, such" licensee shall make the
same, without being paid. The City will pay the licensee.
(Section 24-10)
c. It shall be the duty of every tenant, lessee, or occupant to
provide and maintain portable, water-tight vessels or cans to hold
all the garbage which accumulates on their premises. They must
be of such size to be easily handled by one man and shall be
provided by handles and a tight-fitting cover. They shall be
constructed of or lined with metal so as to make them watertight.
All garbage shall be deposited in such cans but they shall not
be filled to nearer than three inches from the top. No
noncombustible material or substance shall be deposited therein.
Such cans shall, during collection hours, be kept in place
easily accessible to collectors and, in cold weather, in a place
where they are not liable to freeze. (Section 24-2)
d. The collection vehicle shall be completely closed at all times
except when being loaded or unloaded. (Section 24-14)
e. Such vehicles shall be adequately identified on both sides of
body of vehicle. (Section 24-14)
f. Such vehicles shall be cleaned at least once a week while in use,
to be kept clean while not in use. (Section 24-15)
g. Nothing in this Ordinance shall prevent any owner or agent from
filling in or grading with ashes any tract of land by him, provided
it is done in clean and sightly manner. (Section 24-17)
h. It shall be duty of every owner, tenant, lessee, or occupant
to provide and maintain vessels, bins, or pits of sufficient
size to contain all of the ashes that accumulate on the premises.
If they are outside, they shall be suitably covered. No garbage
or other refuse shall be placed therein. (Section 24-18)
i. All rubbish shall be stored in boxes, barrels, bins, or other
receptacles provided that no garbage, ashes, or other combustible
material is placed therein. (Section 24-19)
2. Prohibited Activities
a. It shall be unlawful to engage in business of collecting or
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removing ashes, garbage, trash or refuse without a license.
(Section 24-2)
b. It shall be unlawful for any person to willfully turn over any
vessel or can used for storage of garbage and spilling contents
on street, avenue, alley or public grounds. (Section 24-14)
c. It shall be unlawful for any person to use or permit to be used
any vehicle to convey garbage, etc. unless it is equipped with
an all-steel body that is leakproof, spillproof and capable of
being completely enclosed with a cover constructed of steel. No
person shall load or drive vehicle in such a manner as to cause
spillage of contents. (Section 24-14)
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Any license may be revoked by director upon cause shown and after public
hearing, a notice which must be mailed to licensee at least 10 days in
advance of the hearing. Filing of application with false information
shall be sufficient cause for revocation,
5» Penalties
6. Performance Bonds (Sec. 24-4)
Upon filing of application, applicant shall furnish corporate surety bond of
$1000.
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KANSAS CITY, MISSOURI
I. NAME OF ORDINANCE
Ordinance No. 36643 - January 1, 1970.
II. GENERAL STATEMENT
1. Definitions
a. Bulky Rubbish — includes items of rubbish either too large or too
heavy to be loaded in refuse collection vehicles with safety
and convenience by refuse collectors, with the equipment
available therefor.
b. Director - Director of Public Works.
c. Garbage - includes putrescible animal or vegetable wastes resulting
from the handling, preparation, cooking, serving or consumption
of food,
d. Refuse - includes unwanted or discarded waste materials in a solid
or semi-liquid state, consisting of garbage, rubbish, or a
combination thereof.
e. Rubbish - includes non-putrescible solid wastes consisting of
combustible and non-combustible waste materials from
residential apartment, commercial, industrial and institutional
establishments, including yard wastes and items commonly
referred to as "trash."
f. Solid Waste - refuse. (Section 16.2)
III. ADMINISTRATION
1. Responsible Agency
Director of Public Works
2. Functions and Powers
a. To issue permits (Section 16.5)
b. To conduct hearings (Section 16.10)
c. To provide for exclusive city collection in certain areas
(Section 16.20) and exemptions to this provisions.(Section 16.21)
d. To issue rules and regulations.(Section 16.23)
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IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. Duties of owners and occupants,
(1) Provide and place sufficient and adequate storage
facilities. (Section 1.63)
(2) Keep such containers and facilities in good repair and keep
refuse properly stored. (Sections 16.26 and 16.27)
b. General Standards
(1) Collection shall be at least once a week with lesser intervals
as determined by Director of Health. (Section 16.6)
(2) Residential containers shall be stored upon residential premises.
Commercial refuse shall be stored on private property or
specially granted public property. (Section 16.7)
(3) Vehicles used in transportation of refuse shall be kept clean
and sanitary and so constructed with water tight, enclosed
bodies and/or covers so as to prevent spillage. (Section 16.8)
(4) Refuse shall be disposed of at city operated landfills,
private landfills with a city permit, or other lawful disposal
stations approved by appropriate health officers. (Section 16.11)
c. Collection by City
(1) All residential refuse shall be collected by city except:
(a) Trailer parks or buildings with five or more units.
(b) Dwellings on land acreage of more than three acres or
dwellings in areas zoned for agriculture except on
specific application of owners.
(c) Upon specific application, exemption may be granted
to clustered multi-family housing under common ownerships
and dwelling units in organized homes association if
service at the same standard or a higher standard than
required by this ordinance is provided.
(d) Director may also provide services to institutional
establishments, commercial establishments and other
industrial or business establishments upon specific
application thereof. (Section 16.20)
(2) The city is not required to collect or dispose of improperly
prepared refuse. (Section 16.22)
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(3) Bulky refuse need not be collected unless it is prepared in
manner approved of by Director. (Section 16.23)
b. Prohibited Activities
(1) It shall be unlawful to deposit refuse in container of another
person, dwelling unit, or establishment without consent of
owner.
(2) It shall be unlawful to interfere in any manner with refuse
collectors or refuse collection equipment. (Section 16.25)
V. ENFORCEMENT
1. Requirements for Permits, etc.
a« Permit required to engage in business of collecting or disposing
of refuse.
b. Permit application shall state type of refuse to be collected.
Permits shall not be issued for residential rubbish or bulky
rubbish alone.
c« Permit shall be for one calendar year. (Section 16.5)
2. Administrative Proceedings
a« Permits may be suspended or revoked upon notice and hearing
before Director for any violation of this ordinance. (Section 16.5e)
b. Any person aggrieved by determination regarding exemption from
service by the city may request a hearing before the Director
within ten days after notification. (Section 16.21)
c« In hearing before the Director, aggrieved person may be represented
by counsel, cross-examine witnesses and present evidence. If person
aggrieved after hearing, he may appeal within ten days to Board
of Refuse Appeals composed of Director, director of fire, and
director of health except that Director having rendered decision
shall be replaced by City Manager. The matter on appeal shall be
heard de novo with appellant enjoying the same rights as in
hearing. Board shall render written decision which shall be
conclusive unless appealed to a court of competent jurisdiction.
(Section 16.10)
3. Penalties
Any person violating the provision of this ordinance shall be
fined not less that $5 nor more than $500 with each day of
violation as a separate offense. (Section 16.28)
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4« Insurance
$100,000 each person injured or killed
$300,000 injury or death to two or more persons in a single accident
$ 50,000 property damage
In event of cancellation, Director shall be notified by insurance
carrier not less than ten days prior to the effective date of such
cancellation and provisions to this effect must be incorporated in
the policy, (Section 16.5e)
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SPARKS, NEVADA
I. NAME OF ORDINANCE
Section 20 of Sparks City Code, amended through Ordinance No. 707.
II. GENERAL STATEMENT
Definitions
a. Garbage - includes ashes, cans, swill, all animal vegetable matter
that attends the consumption of food or the preparation,
storage or sale of meats, fish, fowl, fruits or vegetables,
and all waste matter that is subject to decay or putrefaction,
but does not include dish and waste waters.
b. Nauseous matter and debris - includes trash, garbage, filth,
excretia, papers, refuse, offal, swill, dry grass (cut or uncut),
weeds (cut or uncut), excelsior, wooden boxes, shavings,
packing cases or other combustible, ill-smelling or offensive
matter which, because of its nature, might prove a fire
hazard or a menance to the health, peace or welfare of
the citizens of the city if allowed to accumulate about the
premises of any property in the city.
c. Trash - includes earth, soil, wood, tree leaves, dead trees and
branches, clay, sand, bricks, plaster, portland cement, chips,
shavings, grass cuttings, rocks, sticks, old papers
and magazines, paper or wood cartons, rags, sawdust, old
clothing, and all other combustible materials of a like
nature which are not included in the definition of garbage.
(Section 20.020 - 20.050)
III. ADMINISTRATION
1. Responsible Agnecy
City Council (Section 20.130)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. All persons residing in single family dwelling and all owners of
multiple family dwellings shall use the garbage service provided
for in this ordinance. (Section 20.165)
b. Contract holder shall collect garbage three times weekly in
business district and one time weekly outside of business district.
(Section 20.170)
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C. Weeds, dry grass, dead trees, tin cans, abandoned autos and auto
bodies, materials upon any public or private property are a nuisance.
(Section 20.170)
d« Cultivated and useful grasses and pastures are not nuisances except
when necessary firebreak requirement not observed within seven
days notice. (Section 20.275)
e. One or more suitable garbage cans with a tight cover into which can
be placed all the refuse that accumulates on the premises. Each
can shall have suitable handles, a capacity not to exceed 30
gallons and be kept covered and in an enclosure at all times.
Individual cans must be provided for separate families or businesses
within the same building. (Section 20.110)
f. The city council may grant an exclusive contract to collect, haul
and dispose of all solid wastes subject to the right of any resident
to haul his own trash and debris. (Section 20.130)
2. Prohibited Activities
a. It shall be unlawful for any person not authorized by the city
council to haul or drive a vehicle with solid wastes materials
through the street except that with the supervision of such an
authorized person, debris and rubbish may be carried and dumped at
the city dumping grounds, (Section 20.060)
b. It shall be unlawful for any solid waste material to accumulate
more than 24 hours after notification by health officer.(Section 20.070)
c. It shall be unlawful to bury or attempt to bury any solid waste
materials. (Section 20.070)
d. It shall be unlawful to deposit any solid waste materials on any
public or private property. (Section 20.090)
e. It shall be unlawful to fail to clean premises, place all materials
in containers and place containers in position for collection.
(Section 20.100)
V. ENFORCEMENT
1. Requirements for Permits
City may grant exclusive contract. (Section 20.130)
2. Administrative Proceedings
a. If nuisance exists, a notice of violation shall be issued directing
abatement. (Section 20.285)
b. Notice may be served by personal service, sending by registered mail,
or by posting and publication. (Section 20.295)
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c. Within 14 days, appeal may be made to city council. Within 5 -
15 days after filing, appeal shall be heard before the city council.
All persons who fail to protest shall be deemed to have waived
all objections. (Section 20.305)
d. Abatement shall be accomplished within 14 days after notification
of decision of city council. (Section 20.315)
e. If abatement not completed, city shall abate nuisance and file an
account with city council. (Section 20.325)
f« At least seven days after filing the account, the city council
shall hold a hearing at their meeting. Notice shall be posted
announcing time of city council meeting. (Section 20.335)
g. City council shall hear matter and if account is accepted, amount
thereof shall become a lien on the property of the delinquent.
(Section 20.345)
3« Penalties
a. Violation of sections 20.102 - 20.240 is punishable by a fine of
not less than $5 nor more than $300 or by imprisonment by not
less than 2'2 days or more than 150 days, or both. (Section 20.250)
b* Any person who allows the existence of a public nuisance in property
owned, occupied or controlled by him shall, upon conviction, be
fined not more than $500 and/or imprisoned not more than six
months and each day of violation is a separate offense.
(Section 20.351)
4. Performance Bonds
$50,000 (Section 20.140)
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RAMAPO, NEW YORK
I. NAME OF ORDINANCE
Refuse Removal Law: adopted June 23, 1969, took effect July 1, 1969.
Local Law No. 2, 1969.
II. GENERAL STATEMENT
1c Declaration of Policy
To maintain prompt, efficient, clean and courteous service by the
refuse collection industry at reasonable prices. (Section 2)
2, Definitions
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include
the singular number and words in the singular number include the
plural number. The word ''shall'' is always mandatory and not
merely directory. (Section 3)
a. Ashes - include residue from burning of wood, coal, coke, or other
combustible materials.
b. Garbage - includes putrescible animal and vegetable waste resulting
from the preparation, handling, cooking and consumption of
food.
C. Refuse - includes all putrescible and nonputrescible solid wastes
(except body wastes) including garbage, rubbish and ashes.
Refuse shall not be deemed to include dead animals or
abandoned automobiles.
d. Rubbish - includes nonputrescible solid waste (excluding ashes)
consisting of both combustible and noncombustible wastes,
such as paper, cardboard, tin cans, yard clippings, leaves,
tree trimmings, wood, glass, bedding, crockery and similar
materials.
III. ADMINISTRATION
1c Responsible Agency
Sanitation Commission (Section 17)
2. Functions and Powers
a. To grant licenses (Section 6[a])
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b. To grant permission for higher collection charges after notice
and public hearing of it finds the higher rates are fair and
reasonable, in the public interest, and supported by evidence.
(Section 7)
c. To grant renewal of license. (Section 11)
d. To refuse license renewal or revoke license if applicant or
any partner has been convicted of ~a misdemeanor or felony which
in judgment of Sanitation Commission renders him unift or
undesirable to carry on business. (Section 12)
e. To make reasonable inspections of books of licensees. (Section13[k])
f. To make own determination regarding financial statement for any
business which has failed to keep required books and records.
(Section 13[m])
g. To adoptj amend and repeal rules and regulations after public
hearing. (Section 17)
h. To investigate all violations and grievances reported. (Section 18[a])
i. To take testimony concerning violations, grievances of customers
and petition for higher rates. (Section 18[b])
j. To hold public hearings on ten days notice by publication in
official newspaper together with notice by registered mail to
members of refuse collection industry involved. (Section 18[c])
k. To reasonably discipline licensees for non-compliance with rules,
regulations or directives of Commission or for non-cooperation in
an investigation or hearing. (Section 18[d])
3. Relationship to State Program
Nothing in this law shall be construed to supersede the minimum
standards in State Sanitary Code which shall govern when and where
any provision of this law is found to be inconsistent with
said standards.
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a« Every licensee shall make at least two collections per week, at
least three days apart. (Section 13)
b* Vehicles must be so constructed as to avoid spilling or leakage and
any refuse spilled shall be immediately cleaned up. (Section 16[A])
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c» Licensee shall keep all vehicles clean, sanitary and neatly painted
and shall wash, clean, and disinfect such vehicles at least once
a week. (Section 16[b])
d. Customers shall purchase their own containers according to
standards established by the Commission. (Section 14[A])
e. All refuse shall be in the containers. (Section 14[B])
2. Prohibited Activities
a. It shall be unlawful for licensee to arbitrarily discontinue service
to any customer. If any customer fails to pay for services
rendered for three consecutive months, service may be discontinued
by licensee by giving notice in writing to customer via registered
mail with a copy to the Sanitation Commission. (Section 13[e])
be It shall be unlawful for licensee to refuse to collect refuse
although there is no separation of materials. (Section 13[b])
Cc It shall be unlawful for licensee to refuse to accept a new
residential customer on a street or route where it is already
providing service. (Section 13[P])
V. ENFORCEMENT
1e Requirements for Licenses
a. No person shall carry on business of collecting, removing, or
transporting refuse without first obtaining license from Sanitation
Commission. (Section 4)
b. The fee for a license is $100 plus $50 for each vehicle used. If
license obtained after July 1, fee is one half normal rate.
(Section 5)
c. Each applicant shall file statement of insurance coverage of not
less than $250,000/$500,000 covering bodily injury and property
damage and covering each applicant and each vehicle. (Section 8)
d. Any person having been duly granted license may have it renewed
providing there has been no material change in original or
supplemental applications. (Sections 11-12)
2. Inspection Procedure
a. Licensee shall permit Commission to make reasonable inspections of
books and records. (Section 13[L])
b. All vehicles used by refuse collectors shall have been inspected and
approved by Health Department. (Section 16[A])
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3. Liability
Anyone who uses a license granted to another person shall be
guilty of a violation. (Section 15)
4. Penalties
Any person collecting refuse without .a license is guilty of a
violation and upon conviction shall be punishable by a fine of not
more than $100. Each day violation is committed is a separate
offense. (Section 19)
5. Performance Bonds
Each application for a license shall be accompanied by a bond of
$2500. (Section 9)
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OKLAHOMA CITY, OKLAHOMA
I. NAMES OF ORDINANCES (two ordinances)
"Refuse Collection and Disposal Utility" - Title 17, Chapter 3 as
amended by Ordinance 12.026 on August 6, 1968 (will be cited as 17.3. )
"Trash Haulers and Hauling" - Title 10, Chapter 35 (will be cited
as 10.35. ).
II. GENERAL STATEMENT
1. Declaration of Policy
a. To assist in maintaining general sanitation and health by collecting,
transporting and delivering for disposal, and disposing of in a
safe and sanitary manner, all garbage, rubbish and trash. (17.3.01)
b. To safeguard and protect the public health, safety, property and
welfare by establishing and enforcing standards and controls over
vehicles, and the drivers in charge thereof, used to haul garbage,
refuse, rubbish or trash on, over, across, and along the public
streets and thoroughfares of the city to ensure the safe, sanitary
and lawful movement of said vehicle and its cargo from point of
origin to point of destination. (10.35.01)
2. Definitions
a. Refuse - includes all putrescible and non-putrescible solid wastes,
including garbage, rubbish, trash, animal offal, ashes, tree
limbs, yard clippings, grass cuttings, yard cleanings, leaves,
and solid market and industrial wastes, but not including body
wastes, automobile frames, large bulky objects, dirt, rocks
or debris.
b. Garbage - includes all putrescible wastes from kitchens, pantries,
dining rooms, or other parts o_f hotels, restaurants,
boarding houses, tenement houses, dwelling houses, markets,
butcher shops, poultry houses, produce houses, factories and
any other places where meats, fish, fowl, fruit, or vegetables
are prepared for food for immediate consumption and all
household waste containing organic matter, that is, will be
or was used as food or from preparation of food.
c. Rubbish — includes other worthless or offensive matter such as
paper, tin cans, bottles, glass containers, rags, animal
excreta, and other similar rnaterials, the accumulation of
which may create a nuisance or be deleterious to public health
or offensive to sight or smell.
d. Trash - includes solid wastes such as ashes, tree limbs, yard clip-
pings,, etc. excessive amounts of paper, cans, bottles, or
household rubbish and all other things of a similar nature.
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e. Non-collectable waste - includes poisons, acids, caustics,
explosives, body wastes, automobile frames, large bulky items
and materials that may cause damage to collection equipment
or personal injury to collectors as well as dirt, rocks or
debris. Animal excreta not tightly wrapped is non-collectable
as Is any garbage or trash mixed in with non-collectable items.
f. Undue accumulation - includes accumulation of garbage, rubbish,
or trash in amounts exceeding the capacity of the xvaste
receptacle provided for same at the pickup point or at
the point of disposal. (17.3.03)
III. ADMINISTRATION
1C Responsible Agency
Department of Public Works, Sanitation Division.(17.3.01)
2, Functions and Powers
To supervise general execution of all solid wastes regulation.
(17.3.01)
IV. SCOPE OF LEGISLATION
1„ Standards and Regulations
a. Each new occupant shall notify the Department at the beginning of
such occupancy to request pick-up service. (17.3.05)
b. Containers shall be of substantial galvanized metal or plastic
construction, fly-tight, and provided with handles on the sides
and tight-fitting cover with handles. Containers must be between
20 and 32 gallon capacity and no single receptacle shall weigh
more than 75 pounds when filled. Disposable waterproof paper
bags may also be used. (17.3.06A)
c. Owners or occupants of premises must provide sufficient number of
containers for storage of garbage and rubbish between collections.
(17.3.06B)
d. Trash will also be collected if securely contained in appropriate
receptacles. (Section 9 of amendment)
e. Non-collectable wastes shall not be placed with refuse for
collection but shall be disposed of directly and promptly by
owner or occupant of premises wbare material is accumulated.
(Section 9 of amendment)
f. Any vehicle used to haul garbage, wet or dry, shall be of a type
capable of being fully enclosed in a manner to prevent the escape
therefrom of any noxious or disagreeable odors, or the escape of
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any of the contents of such vehicle. Said vehicle shall be
capable of being completely emptied and cleaned. (10.35.07)
g. Any vehicle whose use is intended for dry wastes such as trash,
rubbish, empty boxes, papers, grass and tree trimmings, cans,
bottles and all similar material may be of open body type, but
shall be equipped with eye hooks, cleats, or other similar hold-
fast facility fixed to sides and ends of the vehicle to prevent
blowing off, spilling or scattering of same along route of the
haul. (10.35.80, 10.35.17, and 17.3.08B)
2. Prohibited Activities
a.. It shall be unlawful for owner to rent any premises to be
occupied by more than one family without providing the services
required by this chapter. (17.3.04)
b. It shall be unlawful for collectors to enter houses, gates, fences,
enclosed areas, etc. to make collections.
c. It shall be unlawful for any person, firm, or corporation to
deposit for collection on any street or any private property any
waste paper, cans, or other rubbish without placing same in
enclosed receptacle or container. (17.3.04)
d. It shall be unlawful to remove or transport any garbage, refuse,
or rubbish without authorization of the Health Department (17.3.08A)
and obtaining a permit. (17.3.08B and 10.35.04)
e. It shall be unlawful to discharge, dump or empty any contents of
any vehicle except at a location approved by the City. (10.35.18)
V. ENFORCEMENT
1„ Requirements for Permits
a. Any vehicle used for hauling trash, rubbish, and garbage must be
approved by the City Health Director. (10.35.02)
b. Anyone qualified as driver may obtain license after payment of fees.
(10.35.13-15)
2. Inspection Procedure
Approval of Health Department after inspection before beginning
business necessary and future inspections may be made. (10.35.05)
3. Liability for Violators
a. Anyone who fails to follow these regulations shall be deemed guilty
of an offense. Each day is a separate offense. (17.3.12)
b. Sanitary Officers and Police Officers may make arrests for violation
of this Chapter.(17.3.13)
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BEAVERTON, OREGON
I. NAME OF ORDINANCE
Ordinance No. 1458, October 6, 1969 as amended by Ordinance No. 1502
January 19, 1970.
II. GENERAL STATEMENT
1. Declaration of Policy
This is an ordinance regulating refuse and garbage collection,
hauling disposal, and establishing license and collection
standards.
2. Definitions
a. Refuse -- solid wastes.
b. Garbage - includes all putrescible waste, except sewage and body
body wastes, including waste that attends the preparation,
use, cooking, dealing in or storage of meat, fish, fowl,
fruit and vegetables, and all cans, boxes, cartons, papers or
other objects which have food or other organic materials of
any nature in or adhering thereto; and shall include all such
wastes or accumulation of vegetable matter of residences,
restaurants, hotels, and places where food is prepared for
human consumption. The term ''garbage'' does not include
recognized industrial by-products.
e. Rubbish — includes refuse other than garbage (tin cans, bottles,
ashes, paper, pasteboard, cardboard or wooden boxes, brush,
weeds, leaves and cuttings from trees, lawns, shrubs, and
garden or other waste materials provided in the normal course
of living.)
d. Poisonous: Materials - include poison grain, insecticides or
insecticide containers or other similar materials. (Section 1)
III. ADMINISTRATION
1. Responsible Agency
City Council
2. Functions and Powers
a. To approve of all changes in collection boundaries or fees (Section 7)
(Note - there are now 5 collection areas with one collector in
each area).
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be To cancel and annul collector's license. (Section 15)
c. To supervise and approve of all work done. (Section 4)
3. Relationship to State Program
Disposal facilities must be in a manner approved by State
Sanitary Authority and State Board of Health.
V. SCOPE OF LEGISLATION
1„ Standards and Regulations
a. Collectors shall serve private residences at least once a week
and all hotels, restaurants, grocery stores, meat markets,
hospitals and other similar establishments daily except Sundays
and holidays. (Section 2)
be Collectors shall furnish and maintain their own dumping and
disposal facilities. (Section 2)
C* All wet or offensive garbage shall be collected by 11:00 a.m.
on day of collection, and between 5 and 8 p.m. on days preceding
legal holidays. Collectors shall collect garbage from establish-
ments having garbage which may become foul or offensive by being
kept over the holiday. Collection shall respond to all calls
for special collection within three days. (Section 4)
d. All equipment used for garbage and rubbish must be covered and
if used for liquids, it must be water tight and drip-proof and
have a metal body. All equipment must be kept clean at all times
and there shall be sufficient equipment on hand at all times.
(Section 4)
BO Any person may haul his own garbage or refuse and dispose of it
in a lawful manner but he may not receive compensation for it.
He must prevent spilling, leaking or dripping upon the city
streets. (Section 5)
f. Each collector shall maintain adequate books and records. (Section 11
g. All rates charged shall be reasonable and not exceed those set
by the city. (Section 14)
ho Collectors shall maintain at their own cost a garbage bill paying
station where collectors may be reached by the public and maintain
a telephone listing. (Section 18)
2. Prohibited Activities
a. It shall be unlawful for any person to permit refuse to be
scattered upon the streets of the city..
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b. It shall be unlawful for any person, firm or association to
collect, transport or dispose of refuse, garbage and rubbish for
compensation without obtaining a license. (Section 5)
V. ENFORCEMENT
1. Requirements for Permits, etc.
a. Each person who is now or will be a collector shall be granted
a license upon his acceptance in writing of terms and conditions
of this ordinance. All licenses expire on June 30, 1973 (Note —
10 years after ordinance went into effect). (Section 9)
b. Fee of three percent of gross receipts charged to each collector
for right and privilege to carry on collection business.
(Section 11)
c. License is non-transferrable. (Section 12)
2. Inspection Procedures
All records of collector shall be open to audit by city at any
time. (Section 11)
3. Liability for Violators
If collector should fail to fulfill any or all of the terms of
this ordinance, the city has right to cancel and annul license.
(Section 16)
4. Administrative Proceedings
a. All changes in boundaries or fees must be approved by City
Council. Requests are made by formal letter. (Section 7)
b. If City, at any time, deems it advisable to operate a municipal
collection service, it reserves the right to purchase one or more
of the businesses operating within the city. Six months notice
shall be given to each collector involved and purchase shall be
made on basis of a negotiated rate per collection stop and
current land value of disposal property. (Section 10)
c. If before the City can cancel or annul any license, the Council
shall serve the collector with written notice stating where
collector has failed in his duties and fixing a time not less
than ten days after service when the matter will be heard before
the Council. At the hearing, collector can be present in person,
be represented by counsel, and present any evidence and witnesses
as it deems advisable. Finding of the City Council shall be
conclusive. (Section 16)
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5. Penalties
Any person violating this ordinance shall be guilty of a
misdemeanor and upon conviction may be fined not more than $100
or may be imprisoned for not more than 30 days or both. Every
day such violation is committed shall constitute a separate
offense. (Section 19)
6* Performance Bonds
a. Each collector must carry public liability insurance on each
vehicle and on his operation of not less than $50,000 one person,
not less than $250,000 on each accident, and not less than $50,000
property damage. Any license granted is conditioned upon
licensee's indemnifying and saving harmless the City from any
liability arising from any injury or damage as a result of the
operation. (Section 13)
b. Corporate surety bond of $5,000 is also required. (Section 17)
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DALLAS, OREGON
I. NAME OF ORDINANCE
Ordinance No. 805 - May 6, 1963.
II. GENERAL, STATEMENT
Definitions
a. Ashes - include residue from burning of wood or other combustible
materials
b. Garbage - includes putrescible animal and vegetable wastes
resulting from the handling, preparation, cooking and
consumption of food.
c. Refuse - includes all putrescible and non-putrescible solid
waste (excluding ashes) consisting of both combustible
and noncombustible wastes such as paper, cardboard, tin cans,
yard clippings, wood, glass, bedding, crockery and similar
materials. (Section 1)
III. ADMINISTRATION
Responsible Agency
a. City Health Officer
b. City Council
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
Franchise holder shall make its services available to all
inhabitants and may make reasonable charges. (Sections 9 and 10)
a. Storage
Containers shall be water tight, have tight-fitting covers,
suitable handles and be maintained in sanitary condition
and in good repair (Section 2)
b. Transportation
All vehicles shall be kept in clean and sanitary condition
at all times; in good and safe operating condition and
protected against spilling or littering.
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c. Disposal
Inhabitants have right to use disposal site at reasonable
charges. (Section 13)
2. Prohibited Activities
a. It shall be unlawful to allow garbage, putrescible refuse or dead
animals to remain undisposed for "longer than seven days. (SectionZ)
b. It shall be unlawful for refuse to be placed upon any public or
private property except in proper containers, (Section 3)
c. It shall be unlawful for refuse to be placed in any body of water.
(Section 3)
d. It shall be unlawful for any person to transport refuse unless it
is in a water-tight container although imputrescible substances
may be conveyed if adequate provision made against spillage and
littering. (Section 4)
e. It shall be unlawful for any person to permit refuse to be left
upon streets while transporting said refuse. (Section 5)
f. It shall be unlawful to burn garbage or putrescible refuse.
g. It shall be unlawful to haul or collect refuse without a franchise.
V. ENFORCEMENT
1. Requirements for Franchise
a. City has right to grant exclusive franchise for collection and
removal for term of up to ten years.
b. Council shall consider following in granting a franchise.
(1) knowledge of applicant of the business.
(2) ability to furnish required equipment and personnel.
(3) financial responsibility.
(4) capacity to idemnify city for failure to fulfill terms of
franchise or against any injuries sustained in performance
of such franchise.
(5) prior experience of applicant in operation of business of
refuse collection and disposal.
(6) ability of applicant to provide suitable disposal site.
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c. If there is more than one qualified applicant, franchise shall
be granted to applicant offering most favorable financial return
to the City.
d« Proposed rates shall be included in application.(Section 10)
2. Liability for Violators
a. When vehicles of franchise holders are not sanitary or in safe
operating condition, the City Council may order the vehicle
removed from service until necessary corrections made. (Section 12)
b. Franchise holder will be notified of all violations, and if they
are not: corrected within 15 days, City Council may terminate the
franchise. (Section 15)
3. Penalties
Violation of this ordinance is a misdemeanor punishable by a fine
not to exceed $100 and/or imprisonment not to exceed 50 days.
Each violation is a separate and distinct offense. (Section 16)
4. Insurance
a. Bodily injury
$ 50,000 - one person
$200,000 - each accident
b. Property damage
$50,000 damage to property (Section 11)
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ABINGTON, PENNSYLVANIA
I. NAME OF ORDINANCE
Ordinance No. 774 - February 10, 1955,
II. GENERAL STATEMENT
Definitions
Refuse - includes all solid wastes of a community, including
garbage, ashes, rubbish, bottles, cans and solid market
wastes, but not including body wastes, (Section 1)
III. ADMINISTRATION
1„ Responsible Agency
Department of Public Health (Section 2)
2. Functions and Powers
a. To implement and enforce ordinance.
b. To control storage, collection and disposal of refuse.
c. To provide public refuse collection and disposal system.
d. To approve and regulate private systems.
e. To adopt any necessary regulations.(Sections 2 and 10)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. Owner or occupant of premises shall be responsible for sanitary
condition. (Section 5a)
b. Any person responsible for refuse on premises not served by
public collection system or refuse not acceptable for collection
shall make arrangements with private collector who holds a valid
license. (Section 5b)
c. Garbage, ashes and rubbish are acceptable for collection. (Section 8)
d. Poisons, acids, explosives, infected materials, materials from
repair or excavation, and solid wastes from industrial processes
are not acceptable for collection. Also materials which are not
properly prepared are not acceptable for collection. (Section 9)
e. Department of Public Health can issue regulations as necessary
to implement and enforce the provisions of the ordinance. (Section 10)
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2. Prohibited Activities
It shall be unlawful for any person to deposit or allow to be
deposited on his premises any refuse except under the provisions
of this ordinance. (Section 5)
V. ENFORCEMENT
1. Requirements for Permits
a. Permit required to engage in business of refuse collection or
disposal,
b. Permit limited to persons with proper equipment and personnel.
c. Department of Public Health shall issue permit upon approval of
application.
d. Any person whose application was denied may request a hearing
before the Department of Public Health,
e. Permits expire at the end of each calendar year and are renewable
annually. (Section 4)
2. Inspection
Department shall have power to enter at reasonable times upon
public or private property to investigate conditions relating to
enforcement of this ordinance. (Section 4)
3. Administrative Proceedings
a. Whenever the Department determines that there has been a violation,
it shall give notice of such alleged violation to the persons
responsible. Such notice shall be in writing, include statement
of reasons, allow reasonable time for performance of any act it
requires and be properly served. The notice may contain an
outline of remedial action which, if taken, will effect compliance
and also state that unless corrections are made within a reasonable
time, the permit may be suspended or revoked.
b. Any person affected by a notice may request a hearing before the
Department. Such request with statement of grounds therefore must
be filed within ten days after service of the notice. The hearing
shall be set within ten days after the filing of the petition but
may be postponed for a reasonable time if petitioner so requests
and he has reasonable grounds for the request. At the hearing,
the petitioner shall be given an opportunity to be heard.
C. After such hearing, the Department shall sustain, modify or
withdraw the notice. If the notice is sustained or modified, it
shall become an order. Any notice will become an order if a
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petition for hearing is not filed in ten days. If the notice
requires permit suspension or revocation, such suspension or
revocation shall become effective if necessary corrective action
is not taken in the specified time period.
d. All hearing proceeding, orders, and notices shall be put in
writing and entered into "he public record, and any person aggrieved
by the decision of the Departn-int may seek relief from a court
of competent jurisdiction.
e« In the case of an emergency, the Department may issue an order
without a notice or hearing. If necessary corrective action is
not taken, the Department may take such action as is necessary
to protect the public health. Such an order is effective
immediately; all persons must corcply with the order immediately,
but a hearing shall be afforded within three days after filing of
the petition. (Section 6)
4. Penalties
Fine of not more than ten days with each day of violation being
a separate offense. (Section 11)
5,, Insurance
Adequate insurance coverage must be shown with permit application.
(Section 4e)
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TUCSON, ARIZONA
I. NAME OF ORDINANCE
"Refuse Collection and Disposal,'' - Chapter 14 of Tucson City Code.
(Ordinance 2702) January 18, 1965.
II. GENERAL STATEMENT
1. Declaration of Policy
This ordinance controls collection and storage of refuse.
2. Definitions
a. Debris - includes abandoned vehicles, automobile frames, and
left over, superfluous, disposable, or unwanted material
resulting from construction, reconstruction, repair,
demolition or clean-up of premises, that is not trash.
b. Garbage - includes all animal and vegetable wastes resulting from
the handling, preparation, cooking, or consumption of foods
or other worthless offensive matter, the accumulation of which
may create a nuisance or be deleterious to public health
or offensive to sight or smell, that is not trash,
C. Refuse - includes all putrescible and non-putrescible solid wastes,
including garbage, animal offal, rubbish, trash, wastes,
but not including body wastes or debris.
d. Class 1 Trash - includes all non-putrescible solid wastes such
as cinders, ashes, wastepaper, excelsior, rags, wooden boxes,
cardboard boxes, or paper boxes, bottles, broken ware, tin
cans, metal scraps, small mechanical parts, shavings, floor
sweepings (excluding dirt floors).
e. Class II Trash - includes all non-putrescible solid wastes
such as tree trimmings, tree limbs, yard clippings, grass
cutting, palm fronds, weeds, shrubs, and brush.
f. Waste - includes unwanted or superfluous matter. (Section 14-1)
III, ADMINISTRATION
1. Responsible- Agency
Director of Public Works (Section 14-2)
2. Functions and Powers
a. To implement and enforce this chapter for promotion of public
health and safety; to regulate and control the storage, collection
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and disposal of refuse; and to provide a public refuse disposal
site or sites for refuse by establishing, maintaining, and
operating such sites. (Section 14-2)
be Regular inspections of containers and receptacles by the Public
Works Department shall be made to secure compliance with this
chapter. (Section 14-0)
c. Director may issue citations for violations of this chapter.
(Section 14-19)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. Each occupant or owner must provide adequate water-tight containers
with cover and handles sufficiently strong to be emptied
conveniently. The maximum capacity is 32 gallons, and maximum
weight when full is 75 pounds. These shall ba kept in go<->d
sanitary condition. (Section 14-3A)
b. Class I trash containers shall conform to same requirements as
garbage containers. (Section 14-33)
C, Class II trash shall be placed in a neat and orderly manner near
containers, but garbage containers need not be provided. The
trash may be placed in wooden or cardboard boxes. Tree branches
and limbs shall be cut into six-foot lengths, and trunk sections
shall not weigh more than 75 pounds for any one section.
(Section 14-3C)
d. Each commercial establishment shall have refuse containers as
provided for residential refuse. (Section 14-AA)
e< If amount of commercial refuse is excessive, large metal containers
of a type compatible with city collection equipment and approved
by the Director may be used. The capacity shall be between one
and eight cubic yards. (Section 14-4B)
f. Special refuse
(1) All large boxes, cartons, and crates shall be collapsed.
(2) Ashes shall be placed in separate metal containers and soaked
with water where necessary.
(3) Explosives, caustics, acids, poisons, and medical material
which may be infected shall be placed in separate container
painted yellow. No other container should be painted
yellow. (Section 14-5)
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g. Body wastes shall not be placed with refuse; however, domestic pet
wastes may be placed with refuse if it is securely wrapped.
(Section 14-6)
h. Covers of containers shall be tight so that flies or other insects
do not have access to the contents. (Section 14-7)
i. Placement of containers depends on location of house - usually
in front of premises or next to street or alley. Containers shall
not be permitted to remain adjacent to the street except on
regular collection days. (Section 14-8A)
2. Prohibited Activities
a. It shall be unlawful to keep any refuse unless it is in authorized
containers. (Section 14-11)
b. It shall be unlawful to deposit any refuse on any street, alley,
or premises unless authorized. (Section 14-11 and 14-14)
c. It shall be unlawful to burn refuse in streets and alleys. Trash
may be burned in private incinerator if permit issued by Fire
Prevention Bureau. No garbage or other material which would
create offensive, obnoxious fumes and/or odors should be burned.
(Section 14-13)
d. It shall be unlawful to haul refuse unless contained in vehicle
so constructed as to prevent falling, spillage or leaking. Any
refuse which has fallen while being hauled shall be immediately
replaced. (Section 14-13)
e. It shall be unlawful for any unauthorized person to remove the
cover of a container to look for material. (Section 14-14)
f. It shall be unlawful to use another person's containers without
that person's permission. (Section 14-15)
g. It shall be unlawful to permit accumulation of weeds, garbage,
trash, or other refuse on the premises. (Section 14-16)
ENFORCEMENT
1. Requirements for Permits
2. Inspection Procedure
The Public Works Department may make regular inspections of
garbage containers and trash receptacles. Commercial establishments
may be entered to accomplish this.
3. Liability for Violators
a. If violations of container regulations are not corrected within
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15 days after notice, the Director may impound the defective
containers and collect from the owner or occupant the costs of
Impounding. (Section 14-9)
b. If violations of requirement to remove refuse continue 15 days
after notice, the Director may remove such refuse at the expense
of violators. (Section 14-17 and 14-18)
c. The Director may issue citations for violations of the chapter.
(Section 14-19)
4. Administrative Proceedings
a. If violations of container regulations are noticed, notice shall
be given by attaching notice marked c'condemned'' to defective
containers. (Section 14-9) See Section V 3a.
b. Notice for violation of accumulation of refuse may be given by
either personal service, written notice (by registered mail to
last known address) or placing notice on conspicuous place on
premises. (Section 14-18) See Section V,3b.
c. If the Director causes refuse to be removed, a verified statement
of costs shall be mailed to the violators who shall be held
for the payment of such costs.
5. Penalties
Any violation may be punished by imprisonment not to exceed six
months or fine not to exceed $300.00 or both. Every day of
violation shall constitute a separate offense. (Section 4,
Ordinance 2702)
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BLUFFTON, INDIANA
I. NAME OF ORDINANCE
Disposal of Garbage and Rubbish - Ordinance No. 388
July 13, 1966.
II. GENERAL STATEMENT
1. Declaration of Policy
An ordinance regulating the public disposal of garbage and rubbish
on any land within city limits, requiring permits and providing
penalties for violations thereof.
2. Definitions
a. Garbage - includes rejected food wastes including every waste
accumulation of animal, fruit, or vegetable matter used or
intended for food or that attends the preparation, use,
cooking, dealing in, or storing of meat, fish, fowl, fruit
or vegetables. (Article 1, Section 101)
b. Rubbish - includes ashes, cans, metalware, broken glass, crockery,
dirt sweepings, boxes, wood, grass, weeds, or litter or any
kind, (Section 102)
c. Public Disposal - includes disposal of garbage and rubbish which
has been removed from premises used, owned, or leased by
one or more persons, firms, corporations or associations,
and transported to other premises and disposed either with
or without the payment of a fee. (Section 103)
d. Sanitary Landfill — a method of disposing of refuse on land without
creating nuisances or hazards to public health or safety, by
utilizing principles of engineering to confine the refuse
to the smallest practical area, to reduce it to the
smallest practical volume, and to cover it with a layer of
suitable cover at the conclusion of each day's operation or
at more frequent intervals as necessary, (Section 104)
e. Ground Water - water in the ground that is in the zone of
saturation. (Section 108)
f. Surface Water - water whose top surface is exposed to the
atmosphere including a flowing body as well as a pond and
a lake, (Section 112)
g. Salvaging - controlled removal of reusable materials. (Section 110)
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hc Scavenging - uncontrolled picking of materials. (Section 111)
i. Hazardous Material - includes, but not limited to, explosives,
pathological wastes, radioactive materials and chemicals.
(Section 112)
j e, Refuse — includes any combination of garbage and rubbish.
(Section 113)
III. ADMINISTRATION
1. Responsible Agency
Wells County Health Officer (Section 105)
2. Functions and Powers
a. To issue permits to engage in public disposal and also power
to temporarily suspend. (Section 201)
b* To review plans and specifications for new dump sites. (Section 204;
Ce To inspect at least once a month each garbage and rubbish disposal
site and report all violations. (Section 301 and 415)
d. To issue permits to operate disposal site which is subject to
approval by health officer after inspection. (Section 401)
e. To enforce this ordinance. (Section 501)
IV. SCOPE OF LEGISLATION
1. Prohibited Activities
It shall he unlawful for any person to engage in public disposal
of garbage or rubbish who does not possess an unrevoked permit
from the health officer. (Section 201)
2. Approved Operations of Facilities (Article 4)
a. Each site shall be inspected at least once a month. If a violation
is discovered, a second inspection is made after sufficient time
to remedy the defect. If the defect still exists, permit shall
be suspended or revoked. (Section 301)
b. Sanitary landfills shall be designed and operated so that pollution
will not be created and injury to ground and surface waters
avoided which might interfere with legitimate water uses.
(Section 420)
Ce All materials considered food for rodents and insects including
tin cans and other receptacles for food, shall be disposed of
daily in a sanitary manner, by a sanitary landfill. (Section 403)
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d. Salvaging, if permitted by operator, shall be organized so as not
to interfere with prompt sanitary disposal of refuse or create
unsightliness or health hazards. Scavenging is not permitted.
(Section 404)
e. No garbage or rubbish containing garbage may be burned at a sanitary
landfill. Burning of select materials shall be severely restricted
to designated areas and only with permission of health officer.
These materials may only be combustible rubbish, completely devoid
of garbage. (Section 405)
f. All persons engaged in disposal by sanitary landfill shall have
available at all times earth-moving equipment of adequate size
and capacity to satisfactorily operate such sanitary landfill.
An all-weather road shall be provided to the trench or sanitary
landfill site. (Section 406)
g. There shall be no garbage available for animal consumption at any
public garbage and rubbish disposal site. (Section 407)
1. The entire site shall be graded and provided with drainage
facilities to minimize runoff, prevent erosion, and prevent
collection of standing water. (Section 410)
j„ Measures shall be provided to control dust and blowing paper.
Entire area shall be kept clean and orderly. (Section 411)
k. All modifications of rules shall be in writing from the health
officer. (Section 412)
1. Garbage and rubbish shall be spread so it can be compacted in
layers not exceeding depth of two feet of compacted material.
(Section 413)
nu Layer of suitable cover material compacted to at least two feet
in thickness shall be placed over each portion not later than one
week after final placement of-refuse. (Section 414)
tu Any other method of solid waste disposal not covered by these
rules shall be reviewed by Health Department with reference to
nuisance factor, safety of employees and protection of public
health. (Section 416)
V. ENFORCEMENT
1, Requirements for Permits
a. Permits shall be issued by health officer. (Section 201)
b« Prior to issuance of permit, detailed plans and specifications
shall be submitted and approved. (Section 204 and 401)
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2. Inspection Procedure
Health officer shall inspect each site at least once a month.
(Section 301)
3. Liability for Violators
Infestation of rodents and insects on -premises of a public disposal
site shall constitute a violation of this ordinance. (Section 408)
4. Administrative Proceedings
a. Permit may be temporarily suspended by the health officer upon
violation of any of the terms of this ordinance, or revoked
after an opportunity for a hearing by the health officer upon
serious or repeated violations. (Section 408)
b«, If after monthly inspection, a violation is noticed, the health
officer should give notice of the defect. A second inspection
will be held after sufficient time to remedy the defect. If the
defect still exists, the permit shall be suspended or revoked.
(Section 301)
c. Enforcement of this ordinance shall be by health officer.
(Section 501)
d. It is duty of city attorney to commence proceedings against the
persons against whom the health officer has reported violations.
(Section 501)
5, Penalties
Fine of up to $300 to which up to 90 days of imprisonment may be
added. Each day is a separate and distinct offense. (Section 601)
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CHESTERFIELD TOWNSHIP, MICHIGAN
I. NAME OF ORDINANCE
Chesterfield Township Landfill Ordinance - November 18, 1967.
II. GENERAL STATEMENT
1. Declaration of Policy
The purpose of this Ordinance is to preserve the public health,
safety and welfare by prevention of nuisances and hazards resulting
from the creation of hazardous or noxious conditions. (Section 2)
2. Definitions
a. Non-putrescible materials - includes waste discards, dry rubbish,
cardboard, wood, lumber, paper products, brick, concrete,
steel shavings, metal, plastics, leather, manufactured
materials not including oil, petroleum products, paint,
liquid chemicals or paint sludges.
b. Putrescible materials - include garbage, produce, food products,
fruit, vegetables, chemicals, oil, petroleum products,
paints, liquid chemicals and paint sludge.
c. Mean grade - arithmetic average of elevations of points on the
plot plan that will result upon completion of the proposed
operation for which the permit is issued.
d. Finish grade - includes those earth elevations established and
delineated on the plot plan that will result upon completion
of the proposed operation for which the permit is issued.
e. Existing grade - includes the various elevations of the surface
of the land as it actually exists upon the site. (Section 4)
III. ADMINISTRATION
1. Responsible Agency
Ordinance enforced by the Township Supervisor. (Section 3A)
2. Functions and Powers
a. To issue permits after hearing before Planning Commission.
(Section 4D, 5B1, and 5C1)
b. To inspect landfill (Section
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IV. SCOPE OF LEGISLATION
t. Prohibited Activities
It shall be unlawful for any person to deposit any materials upon
the land without a permit. (Section 5A)
2. Approved Operations of Solid Waste Facilities.
a. No landfills if it will cause a nuisance, hazard to public safety,
flood damage, depletion of Flood Plain District and resulting
reduction of highway containment, significant reduction of
nearby property values, or pollution of water. (Section 6A)
b. Hours of operation allowed only between 7:00 a.m. and 7:00 p.m.
(Section 6B1)
c. All unpaved roads shall be regularly chlorinated, and all public
access roads shall be kept free of debris, (Sections 6B2 and 6B3)
d« Premises shall be regularly graded to prevent collection of
standing water. (Section 6B5)
e. On completion of fill,finished grade shall be composed of and
provide a minimum of one foot of earth materials of such quality
to be capable of growing turf, vegetation of crops.
f. For non-putrescible landfills, plans and method of operation
shall be approved by State Health Commissioner and proper license
issued. All fill materials shall be covered each day with
sufficient earth materials to prevent emission of odors or
vapors. (Section 6D)
g. For putrescible landfills, entire premises shall be completely
enclosed by fence at least six feet in height which shall be
kept in good condition and removed at completion of the operation.
(Section 6E)
V. ENFORCEMENT
1. Requirements for Permits
a. Written application shall be made to Township Board. (Sections
5B1 and 5D)
be Application shall be accompanied by detailed plot plan.
2, Inspection Procedure
Operators of fills shall consent to reasonable inspection by duly
authorized personnel without prior notice. (Section 6B6)
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3. Liability for Violators
a. A violation of any provision is a misdemeanor. (Section 7A)
b. Any excavations or removal of earthen materials in violation of
this ordinance is declared to be a nuisance per se. (Section 7B)
A, Administrative Proceedings
a. Planning Commission will hold public hearings on permit application
after giving public notice of hearing. (Section 5C1)
b. Commission shall consider effect of proposed fill on adjoining
general vicinity; charter and use of adjoining lands; depth of
water table; availability and adequacy of surface water; period
of time of operation; avenues of ingress and egress; proposed
hours of operation; xjhether perimeter fencing is needed; and any
other appropriate factors. (Section 5C2)
c. Permits may be suspended for up to 21 days for violating ordinance
but must consider case at next regular meeting to decide if it
is to be reinstated, suspended further or revoked. (Section 4E)
5. Penalties
Upon conviction, person shall be subject to fine of up to $100
or up to 90 days in jail or both. Each day of violation is a
separate and distinct offense. (Section 7A)
6. Performance Bonds
When permit is issued, a performance bond must be posted. Amount
is to be determined by Township Board. (Sections 4D and 6B7)
7. Injunctive Powers
Any continuing violation of the ordinance may be enjoined by a
Court of competent jurisdiction. (Section 7)
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IRONDEQUOIT, NEW YORK
I. NAME OF ORDINANCE
Ordinance Regulating the Operation of Refuse Disposal Areas
June 7, 1962.
II. GENERAL STATEMENT
1. Declaration of Policy
To regulate the operation of refuse disposal areas known as
sanitary landfill sites and to prohibit the dumping of refuse
except at such sites. To prohibit operation of refuse disposal
areas except with consent of Town Board. (Section 1)
2. Definitions
a. Refuse - includes garbage, trash, rubbish and similar materials.
bo Dispose - dump, deposit, throw, throw away by a person or by
another with the consent or approval, active or passive,
of a person in a position to control or prevent it.
c. Sanitary landfill - disposal area conducted in compliance with
prescribed regulations. (Section 2)
III. ADMINISTRATION
1. Responsible Agency
Town Board (Section 3)
2. Powers and Functions
a. To issue permits (Sections 3 and 4)
b. To revoke permits (Section 7f)
c. To maintain action against person to impel compliance or restrain
by injunction, (Section 7c)
IV. SCOPE OF LEGISLATION
1. Prohibited Activities
a. It shall be unlawful for any person to dispose of any refuse on
any land or site unless such land had been approved as a sanitary
landfill area. (Section 3)
b« It shall be unlawful to burn or allow burning of any refuse
or other material at a sanitary landfill site. (Section 6e)
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c. It shall be unlawful to scavenge or allow scavenging at a sanitary
landfill site. (Section 6f)
2. Operations of Solid Waste Facility
a. Closing hour of landfill shall be early enough to allow for
complete covering of all refuse delivered for disposal during
the day. (Section 5b)
b. All refuse delivered in a single day shall be delivered at one
designated location in the landfill area. (Section 5c)
c. The deposited refuse shall be smoothed out by earth moving equipment
until all objects are crushed and entire mass is blended. Then a
cover compact of at least six inches in thickness shall uniformly
and completely cover the refuse at the end of each day's operation.
When an area has been completely filled, a final layer of soil
fill at least two feet thick shall be uniformly placed over
entire area. (Section 5d)
d. There shall be no burning or scavenging at the sanitary landfill
site. (Section 5c and 5f)
V. ENFORCEMENT
1. Requirements for Permits
Application shall be made to Town Board with applicant stating
background and plans for operation of sanitary landfill. A
statement from a civil engineer shall be enclosed stating that
soil on proposed site is adequate, that general drainage pattern
will not be affected; and that water will not become polluted.
(Section 4)
2. Inspection Procedure
Any peace officer, town clerk, or Town Board member may inspect
any landfill site to check for compliance with regulations.
(Section 6i)
3. Liability for Violators
Any one who violates the provisions of this Ordinance shall be
deemed to have committed an offense. Each day of said violation
Is a separate and distinct offense. (Section 7a)
4. Administrative Proceedings
a. Upon application for a permit the Town Board shall hold a public
meeting after reasonable public notice to decide whether or
not to grant said permit. (Section 4)
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b. The Town Board may revoke any permit after a public hearing in
which the operator shall have an opportunity to be heard. (Section 7f)
5. Penalties
a. Anyone violating this Ordinance shall be subject to a fine of no
more than $100 or imprisonment _for not more than 30 days or both.
(Section 7b)
b. Anyone violating this Ordinance shall be subject to a civil
penalty of $100 for each offense. (Section 7d)
c« Conviction of violation shall constitute and effect an immediate
forfeiture of the license. (Section 7c)
6. Performance Bonds
Each operator shall deposit a bond in an amount to be determined
by the Town Board to ensure completion of performance.
7. Injunctive Powers
Town Board can ask for injunction to prevent violation of this
Ordinance.
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OKLAHOMA CITY, OKLAHOMA
I. NAME OF ORDINANCE
Ordinance No. 11,700 - July 11, 1967.
II. GENERAL STATEMENT
1« Declaration of Policy
For the protection of the public safety, health, and welfare of
the City of Oklahona City, the operation of sanitary landfills
shall be regulated in accordance with the provisions of this
Ordinance. (Section 1)
2. Definitions
a. Sanitary landfill - the method of disposal wherein accumulations
of refuse are thoroughly compacted and covered daily.
b. Refuse - includes all waste material, including waste material of
animal, vegetable and mineral composition, subject to com-
bustion, putrification shall include waste metal and glass,
but shall not include common earth, rock or rock aggregate
compounds.
c. Disposal Site • the location where any final treatment, utilization,
processing or depositing of solid waste occurs.
d. Salvage - includes reclaimable solid waste, such as paper, metal,
bottles, or other sinilar objects, saved for the purpose of
sale,
e. Scavenge - The removal of salvage itens fron the refuse disposal
sites, other than where the normal salvage operation is
taking place, by personnel not employed by the landfill
operator. (Section 2)
III. ADMINISTRATION
1. Responsible Agency
Director of Health Department (Section 2)
2. Functions and Powers
a. To issue permits- (Section 3)
b. To inspect completed landfill site before operations begin.
(Section 6) " •
c. To inspect all landfill sites during operations. (Section 9)
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d. To inspect all landfill sites after completion and one year
thereafter. (Section 7v)
e. To revoke permits. (Section 9b)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
If there is contact of refuse with ground water table, owner
shall have tests done by qualified laboratory semi-annually to
see if water being contaminated beyond pollution standards.
(Section 8)
2. Approved Operations of Solid Waste Facilities
a. Location cannot be within 600 feet of any property zoned and
occupied for residential purposes, churches or schools unless
written permission from those who own such property. (Section 7a)
b. Failure to comply with this Ordinance results in forfeiture of
bond. (Section 7b)
c. Equipment shall be maintained on site in good working conditions.
(Section 7c)
d. All weather access roads to site and loading area shall be provided.
(Section 7d)
e. Access to site shall be limited to authorized personnel by means
of fences and a locked gate. Hours of operations shall be
posted. (Section 7e)
f. Adequate and sanitary shelter for personnel along with drinking
water, toilet facilities etc. shall be provided on the site.
(Section 7f)
g. There shall be a good operating communications system at the site
plus adequate water or nearby fire department in case of fire.
(Section 7g)
h. There shall be adequate drainage to minimize runoff into fill
and prevent erosion of the fill. Surface of fill shall be smooth
and grade to minimum slope of one to 100. Maximum slope of sides
and top shall be one to two. (Section 7h)
i. No domestic animals shall be permitted at the site. (Section 7iO
j. Unloading of refuse shall be in clearly marked area with attendant
on duty to direct it. There shall be some type of barrier to
prevent scattering of material and area shall be cleaned up daily
of such materials. (Section 7j)
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k. Sewage solids, liquids and other similar or hazardous materials
may be disposed of at site only if procedure approved by Director
of Health Department. (Section 7k)
1. There shall be separate unloading area for bulky items. (Section 4e)
m. All burning is prohibited at site. (Section 7m)
n. Salvaging is permitted if materials kept at place not observable
from road or residences. Scavenging is prohibited. (Section 7n)
o. Individual lifts shall be no greater than eight feet in depth,
but each compacted layer shall not exceed two feet in depth.
(Section 7o)
p. Cover material shall be ''sandy loam'* or of such character as to
provide a light seal, not crack excessively when dry and free of
putrescible materials and large objects. (Section 7p)
q. A daily cover of at least six inches shall be placed on all
refuse expand at the end of the day, (Section 7q)
r. In all but final lift, an intermediate cover compacted to maximum
depth of one foot shall be placed daily on all surfaces of the
position of the lift that has been completed except those lifts
in which operations will continue the next day. Weekly inspections
of the intermediate cover shall be made and all cracked, eroded
and uneven areas repaired. (Section 7r)
3. A final cover compacted to at least two feet in depth shall be
placed over each position of final lift within one week after
completion of placement of refuse. Monthly inspections shall be
made and all cracked, eroded, and uneven areas repaired. (Section 7s)
t. Whenever required by Health Director, all site operators shall
institute vector control and d~ust control methods. (Sections 7t & 7u)
u. There shall be inspections at completion of operations and one
year later, and operation shall make all necessary repairs.
(Section 7u)
V. ENFORCEMENT
1. Requirements for Permits, etc.
a. Permit from Director of Health is necessary to operate sanitary
landfill site. (Section 3)
b. Written application, along with maintenance bond and engineering
report signed by licensed engineer shall be presented to Director.
Report shall include:
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(1) A plan approved by Director ot Planning and Director of Public
Works showing location, all utilities, access roads, fences,
and contain a map and description of all prominent topography.
(2) Engineering evaluation covering proposed method of operation
including plans for filling of site, equipment to be used,
estimate of duration ol operations and finished contours,
salvaging methods if it is to be allowed and soil report with
all pertinent data.
2. Inspection Procedures
a. Upon completion of construction of site and prior to operation,
Director of Health Department shall inspect site and decide if
any corrective measures necessary. (Section 6)
b. Director may make any reasonable inspections during operation of
site to see if standards are being complied with. (Section
c. Upon completion of operations and again one year later, the
Director snail inspect the site and order any corrective measures
he feels are needed. (Section 7v)
3. Liability for Violators
a* After construction and prior to operation, if necessary corrective
measures ordered after inspections are not made, the maintenance
bond may be forfeited. (Section 6)
0. Permit may be reovked if order not complied with and no appeal
made. (Section 9b)
c. If the Solid Wastes Board of Review and Appeal's orders are not
complied with, the Board shall recommend to City Council that
bond be forfeited and site operations abated as a public nuisance.
(Section 9f)
4. Administrative Proceedings
a. If as a result of inspections, the Director of Health Department
determines that Ordinance is being violated, he shall give notice
by certified mail to operator of site giving in detail the sections
of Ordinances being violated, what needs to be done to correct
them and a reasonable time limit to do so or appeal the order.
If order not complied with and no appeal made within time limit,
Director shall revoke permit.
b» Solid Wastes Board of Review and Appeal established to provide for
reasonable interpretation of this Ordinance. There are five
members, with at least one registered civil engineer and one
practicing physician. Board has jurisdiction to hear and determine
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in accordance with standards of this Ordinance any appeal brought
before it. It shall have the power to sustain, rescind or
modify any order and issue any other order it finds warranted
by the. evidence.
,c« Hearings shall be public, and any person may request such a hearing
on or before last day allowed by order or if not time provided,
within 20 days after service of. order. Hearing shall be at least
ten days after request, and until hearing held all legal proceedings
and Isindfill operations shall be halted.
d. When reinspection shows continuing violation or when appeal from
order is rejected, then Board shall immediately recommend to City
Council that the bond be forfeited and all site operations
abated as a public nuisance. (Section 9)
5. Penalties
Any person who violates this Ordinance shall be deemed guilty of
an offense and upon conviction be fined not more than $19 plus $1
in addition to any and all other penalties provided by law. Each
day's violation is a separate offense. (Section 10)
6. Performance Bonds
Maintenance Bond shall be equal to $200 per acre of landfill site
and shall be kept in full force and effect for one year following
completion of operations at the site.
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FAIRBANKS, ALASKA
I. NAME OF ORDINANCE
Article II. Collection of Garbage, Fairbanks Code - Ordinance No. 1069
March 10, 1961.
II. GENERAL STATEMENT
t. Definitions
a,. Garbage - includes animal or vegetable wastes which arise from the
use, preparation, or storage of food for human consumption,
not including wastes from industrial processes and manufacturing
operations.
b« Rubbish - includes nonputrescible material from residential,
commercial, and institutional property such as paper, cartons,
boxes, barrels, wood excelsior, bedding, furniture, metal,
tin cans, dirt, glass, crockery, and miscellaneous mineral
refuse not including gravel, sand, earth, building material,
industrial wastes, and yard and tree trimmings.
Cc Ashes — Residue from fires used for cooking and for heating
buildings. (Section 12.201)
III. ADMINISTRATION
tc Responsible Agency
City Health Officer and City Manager
2. Functions and Powers
a. To issue refuse collector's license. (Section 12.203)
b« To make rules and regulations relative to the collection, storage
and disposal of waste matters. (Section 12.208)
c. To investigate all complaints. (Section 12.210a)
d. To periodically inspect the manner in which garbage and rubbish
is being collected and disposed of and to initiate necessary
enforcement action. (Section 12.210b)
e. To submit to the City Council a summary report on the status of
garbage accumulation, handling and disposal. (Section 12.210d)
IV. SCOPE OF LEGISLATION
1* Standards and Regulations
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a. All persons shall dispose of garbage, rubbish and ashes through
the regular services of a licensed refuse collector. (Section 12.202a)
Any person desiring to dispose of garbage, rubbish or ashes may
be granted an exemption. (Section 12.202b)
b. Garbage shall be kept in a metal receptacle with a tight-fitting
cover. (Section 12.204a)
c. Garbage receptacles shall be of not more than 30 gallon capacity
and shall not project from the lot line more than three feet.
(Section 12.204b)
d« Every person shall maintain premises in a clean and sanitary
condition, (Section 12.204c)
e. Every owner shall provide containers which are strong, watertight,
not easily corrodible, rodent proof and insect proof. Each
container shall be kept in a place reasonably accessible to the
collector,, (Section 12.20 Ad)
f. Garbage shall be transported in a covered, watertight, and drip-
proof vehicle equipped with a metal box with welded seams.
Garbage hauling vehicles shall be thoroughly washed or treated
daily. No person shall operate a garbage truck within the business
district between the hours of 10:00 a.m. and 12:00 p.m. of each
day. (Section 12.205)
g. The city council may award contracts for garbage collection and
disposal. (Section 12.206c)
h. The city shall provide and maintain dumping areas. (Section 12.209)
2. Prohibited Activities
a. It shall be unlawful to keep any garbage, rubbish, burned lumber, etc.,
upon any street or any other grounds. (Section 12.204e)
V. ENFORCEMENT
1. Requirements for Licenses
a. No person shall operate as a refuse collector without first
obtaining a license. (Section 12.203a)
b. The fee shall be as provided by section 1.115,and the license shall
be for the duration of five years. (Section 12.203b)
c. The license is nontransferable. (Section 12.203J)
2. Inspection Procedure
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The city health officer shall periodically inspect the manner in
which any licensee is collecting, hauling and disposing of garbage
and rubbish. Upon failure to correct any violation, he shall
initiate necessary legal action. (Section 12.210b & c)
3. Liability for Violators
A license may be temporarily suspended or permanently revoked for
violation of any provisions of this article. (Section 12.203)
4. Administrative Proceedings
The city council shall give due notice to the licensee, and shall
hold a. public hearing, before suspending or revoking a license.
(Section 12.203i)
5. Insurance
The applicant for a refuse collector's license shall submit
copies of insurance policies covering not less than $50,000 per
one person, minimum of $100,000 for all persons, and $25,000 for
property damage. (Section 12.203e)
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FREMONT, CALIFORNIA
[. NAME OF ORDINANCE
Chapter 2 of Title IV (Sanitation and Health) of the Fremont Municipal
Code, as amended, Ordinance No. 689, December 10, 1968,
t. GENERAL STATEMENT
T. Declaration of Policy
It is in the public interest that the accumulation, preparation,
storage, collection, transportation, and disposal of garbage,
rubbish and refuse be handled in such a manner so as to prohibit
the harboring and breeding of rodents and insects, to reduce
pollution of the air caused by burning, fermentation, or
purification of such materials, to prevent the spread of
disease, to reduce the hazards of fire, values and the comfortable
enjoyment of life. (Section 4-2101)
2. Definitions
a. Commercial garbage - includes garbage collected or saved for
purposes of hog or animal feeding, or commercial reduction
for fats, tallow, fertilizer, or other products, by canneries,
packinghouses, or sheds, markets, hotels, butcher shops,
hospitals, and similar institutions and establishments where
large quantitites of salvable garbage are produced.
b. Garbage - includes the putrescible animal, fish, fruit, or vegetable
refuse, or any thereof, resulting from the preparation,
storage, handling, or consumption of foods.
Co Industrial waste - includes all liquid or solid waste substances,
except sewage, from any producing, manufacturing, or processing,
business operation.
d. Refuse — includes all putrescible and non-putrescible solid and
liquid wastes (including manure and dead animals) resulting
from the feeding of commercial garbage, and garbage, or
either thereof, to hogs, or other animals. Such materials
may or may not be salvable.
e* Rubbish — includes all non-putrescible refuse.
f« Waste - includes the useless, unused, unwanted, or discarded
materials resulting from normal community activities, or
materials which by their presence may injuriously affect
the health, safety, and comfort of persons and depreciate
property values in the vicinity thereof.
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g. Animal feeding yard — the premises or site where the feeding to
three or more animals, other than hogs, of garbage not
produced on such premises or site, except an animal feeding
yard or hog farm as herein defined, is permitted or occurs.
h. Disposal site - the premises or site where the disposal of waste,
refuse, garbage, rubbish, industrial waste, commercial
garbage, or refuse garbage, or any thereof, not produced on
such premises or site, except an animal yard or hog farm
as herein defined, is permitted or occurs.
i. Hog farm - the premises or site where the feeding to three or more
hogs of garbage or commercial garbage not produced on such
premises or site is permitted or occurs,
j. Pollution - an impairment of the quality of the waters of the state
by sewage, refuse, garbage, or industrial waste, to a degree
which does not create an actual hazard to the public health
but which does adversely and unreasonably affect such waters
for domestic, industrial, agricultural, navigational,
recreational, or other beneficial use. (Section 4-2103)
III. ADMINISTRATION
1. Responsible Agency
Health Officer
2. Functions and Powers
a. To issue licenses and permits for collection of refuse.
(Section 4-2301)
b. To issue licenses and permits to operate disposal site.
(Section 4-2402)
c. To enforce and administer all provisions of this chapter.
(Section 4-2800)
IV, SCOPE OF LEGISLATION
1. Standards and Regulations
•a. All garbage shall be kept in receptacles or containers.
(Section 4-2200)
b. Every one shall provide watertight noncorrosive receptacles,
which shall be kept in a clean and sanitary condition at all
times. Such receptacles shall be of not less than 10 gallons nor
more than 30 gallons, and shall not exceed 75 pounds. They shall
be proof against access by flies, rodents, and animals.
(Section 4-2201)
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c. All garbage receptacles shall be located in readily accessible
places. (Section 4-2202)
d. All garbage shall be collected at least once each week.
(Section 4-2206)
e. All commercial garbage shall be collected within 24 hours.
(Section 4-2207)
f. Garbage, rubbish, and refuse may be disposed of by grinding and
discharge into a sanitary sewage system, feeding to animals,
incineration or burning, composting, burial, reduction or salvage.
(Section 4-2400)
g. The city council shall prescribe other requirements of not more
onerous application with respect to the preparation, storage,
collection, transportation or disposal of waste. (Section 4-2500)
h. Every dangerous or unsanitary condition is a nuisance and may be
abated by the health officer. (Section 4-2700)
2. Prohibited Activities
a. It shall be unlawful to collect garbage without contract.
(Section 4-2300)
b. It shall be unlawful to dump waste except upon premises where
disposal of such waste is authroized by a license and permit.
(Section 4-2401)
c. It shall be unlawful to operate any premises as a hog farm.
(Section 4-2406.5)
3. Approved Operations of Solid Waste Facilities -Sanitary Landfill
a. A minimum six inch seal shall be deposited over the top and sides
of the dumped material by the end of each day's operation.
b. No open fires or burning of any types shall be permitted at the
disposal site.
c. Feeding of animals at the disposal site will not be permitted
unless authorized by separate permit.
d. A representative of the permittee shall be present during dumping
and covering operations.
e. Toilet facilities shall be provided on the premises.
f. A fence shall be maintained at all times and its gates shall be
locked when not in operation.
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g. Salvaged material shall be removed from the premises weekly, or
stored in such a manner as to prevent rodent harborage or
breeding of insects, or to constitute a fire hazard.
h. Suitable methods shall be used to minimize dust.
i. Water and equipment for fire fighting purposes shall be provided.
j. An approved sanitary drinking water supply shall be provided.
k. Drainage control measures shall be taken.
V. ENFORCEMENT
1. Requirements for Permits
a. No person shall transport any garbage unless an effective license
or permit has been issued by the health officer. (Section 4-2301)
b. Any person desiring to operate any premises as a disposal site
shall file an annual application for a license and permit,
accompanied by a fee of $50 together with an annual inspection
fee of $225. (Section 4-2402)
c. Any person desiring to operate an animal feeding yard shall file
an application for a license and permit, accompanied by a fee of
$20 together with an annual inspection fee of $50. (Section 4-2407)
2. Inspection Procedure
a. The health officer, the fire chief, and the chief building
inspector are authorized to make such inspections as may be
required to enforce the provisions of this chapter. (Section 4-2801)
b. For purposes of inspection, the health officer may enter any
premises to inspect the same. (Section 4-2802)
3. Liability for Violators
a. The permit and the license shall be subject to revocation, after
notice and hearing, for failure to comply with the requirements
of this article or with the conditions of such permit or license.
(Section 4-2309)
b. The violation of any provisions of this article shall constitute
a breach of contract. (Section 4-2310)
4. Administrative Proceedings
a. The city council shall hold a public hearing to determine under
what conditions and to what extent a variance from the requirements
of this chapter is necessary and will be permitted. (Section 4-2502)
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be Within 30 days after the receipt from the health officer for
a public hearing, the city council shall hold such a hearing.
(Section 4-2602)
c* In the event of failure of the licensee to appear at the hearing,
the city council may revoke the license and permit. (Section 4-2605)
d. The health officer may serve a notice to abate dangerous or
unsanitary condition. At the time and place specified in the
notice for hearing, the city council shall hear and pass upon
objections and protests. Upon completion of the abatement of
dangerous or unsanitary condition, the health officer shall
cause notice of cost of abatement. (Sections 4-2701,4-2704, and
4-2706)
Injunctive Powers
The violation of any provisions of this chapter shall also be
deemed a nuisance, and civil action to abate, enjoin or otherwise
compel the cessation of such nuisance may be taken by the city
attorney. (Section 4-2803)
6. Lien
The cost of abatement may be assessed by the city council against
the parcel of property upon which the dangerous or unsanitary
condition was abated. Such cost so assessed, if not paid within
five days after its confirmation by the city council, shall
constitute a special assessment against the parcel or property
and shall be a lien on such property. (Section 4-2708)
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FRESNO, CALIFORNIA
I. NAME OF ORDINANCE
Waste Disposal Ordinance, Fresno Municipal Code, Sections 9-401
through 9-411 amended through Ordinance No. 70-7 dated January 29, 1970.
II. GENERAL STATEMENT
1. Definitions
a. Mixed waste - includes waste materials of all kinds other than
human and animal excrement and earth, and also includes,
but is not limited to, garbage, rubbish, waste, waste
products and refuse.
b. Residential rubbish - includes mixed waste which is normally
produced at and discarded from a dwelling,but does not
include liquids, food wastes, food containers or wrappers,
or animal bodies or parts. (Section 9-402)
III. ADMINISTRATION
1. Responsible Agency
Director of Public Works (Section 9-402a)
2. Functions and Powers
a. To make any rules and regulations which are not inconsistent
with provisions of this article which he feels may be necessary.
(Section 9-406)
b. To determine when material may be salvaged by the city.
(Section 9-407)
c. To determine when private collection is necessary. (Section 9-407)
d. To investigate permit applications and recommend granting or
denying issuance of permits. (Section 9-408f)
e» To impose conditions on issuance of permits calculated to eliminate
dust, scattered materials, etc. (Section 9-408f)
f. To make rules regarding identification of private collectors and
their equipment. (Section 9-408g)
g. To require private collectors to keep such records as he deems
necessary. (Section 9-408h)
h. To revoke any permit after violation has occurred. (Section 9-4081)
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SCOPE OF LEGISLATION
1. Standards and Regulations
a. All persons occupying or having charge of any place where waste
accumulates shall cause same to be removed or disposed of at
least twice a week (once a week for residential garbage) except
from November through April when once a week is sufficient.
(Sections 9-404b and 9-405e)
b. With the exception of disposable residential rubbish boxes all
containers shall be either of 20 or 30-gallon capacity. All bins
shall be covered, be of one to six cubic yard capacity and shall
be designed to be moved by mechanical equipment. (Section 9—403c
and Section 9-403e)
c« All mixed waste shall be placed in covered containers except
residential waste which may be placed in disposable cardboard
boxes. Paper products and limbs may be securely tied in bundles
not exceeding four feet in length and 18 inches in diameter.
[Section 9-404c (1) (3)]
d. Each place or premise shall be provided with sufficient containers
to store normal accumulation waste. [Section 9-404c (5)]
e. Residential rubbish shall be placed in alley at rear of premises
or, if no alley exists, at curb in front of premises.
[Section 9-404c (8)]
f. Mixed waste from commercial establishment may be placed in bins
at the alley. If no alley exists, waste shall be positioned at
place to be determined by the Director. (Section 9-409d)
g. Waste and rubbish collection charges are to be set by the Ordinance
(Section 9-405), and payment of all fees shall be due and payable
in advance. (Section 9-411)
h. All private collectors shall keep such records as the Director may
require. (Section 9-4081)
2. Prohibited Activities
a. No waste container, box, or bundle except bins may weigh more
than 70 pounds. [Section 9-404c (4)]
b. No mixed waste may be deposited in waste containers of any other
pre-nise. [Section 9-404c (4)]
c. No mixed waste or containers shall be handled so as to become a
nuisance. No container shall be left uncovered. [Section 9-404c (b)]
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d. No live or hot coals or ashes shall be placed in or with any
mixed waste. (Section 9-404c (7)]
e. No waste container shall be stored in front or side yard on a
a street unless screened from view of a street. [Section 9—404c (9)]
f. No human or animal excrement shall be placed for collection except
solid animal excrement may be placed in waste container if securely
wrapped or contained. [Section 9-404c(11)]
g. No person shall gather, collect, transport, burn, bury or dispose
of any garbage, residential rubbish, or any kind of refuse
without a permit issued by city. (Section 9-409)
h. No person shall throw or deposit any waste matter upon any vacant
lot, street, alley, gutter, highway, park, or public place.
(Section 9-410)
V. ENFORCEMENT
1. Requirements for Permit, etc.
a. Director shall determine if private collection is necessary.
(Section 9-407)
b. Application for private collection permits made to Director and
shall include location of collections, list of equipment and
charges to be made. (Section 9-408a)
c. Application for permit for private collection at specific location
shall be made to Director and include above information plus
proof of collection permit. (Section 9-408b)
de Approval or disapproval of application made by Director as soon
as possible. (Section 9-408d)
e. Permit effective until June 30 shall be $20 per month for private
collection. For location permit alone, fee is $1 per month plus
$5 fee upon issuance. (Section 9-408e)
2. Administrative Proceedings
a. Permit may be revoked by Director if any conditions of this
Ordinance, Code or contract are being violated.
b. At least 30 days notice shall be given if it is revoked due to
lack of need for private collection.
c. If revoked for violation, ten days written notice shall be givent
and this is final unless appeal filed to Chief Administrative Officer.
d. Chief Administrative Officer has power and duty to determine after
receipt of appeal with notice given to appellant and Director.
Decision may be affirmed, modified or reversed with any conditions
attached which are deemed necessary.
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SACRAMENTO, CALIFORNIA
I. NAME OF ORDINANCE
Sacramento City Code, Chapter 19 - Garbage, Rubbish, Weeds and Waste
Matter, Sacramento City Code, as amended, January 1, 1966.
II. GENERAL STATEMENT
1. Definitions
a. Garbage - includes dead animals, of not more than ten pounds in
weight, and every accumulation of animal, vegetable and other
matter that attends the preparation, consumption, decay or
dealing in, or storage of, meats, fish, fowl, birds, fruits
or vegetables. Exceptions: dish water or waste water.
b. Rubbish - includes wood, leaves, dead trees or branches thereof,
chips, shavings, sawdust, woodenware, grass, rags, straw,
books, shoes, hats, crockery, glassware, ashes, cinders,
metals and all other material not included under the term
''garbage'* or "waste matter.''
c. Waste matter - includes natural soil,earth, sand, clay, gravel,
loam, manure, stones, bricks, brick-bats, plaster or Portland
cement:.
d. Wet garbage - includes kitchen and table refuse and offal, swill
and every accumulation of animal, vegetable and other matter
that attends the preparation, consumption, decay or dealing
in or storage of meats, fish, fowl, birds, fruits or vegetables.
(Section 19.1)
III. ADMINISTRATION
1. Responsible Agency
Division of Waste Removal, the Engineering Department.
2. Functions and Powers
a. To gather, collect and dispose of by dumping, burning, dis-
tribution or sale all garbage, rubbish and waste matter.
(Section 19.2)
b. To divide the city into collection cistricts. (Section 19.3)
c. To make and enforce rules and regulations concerning the collection
and disposal of garbage.
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IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. Every house owner should provide suitable and sufficient water-tight
cans or other suitable receptacles with suitable bales or handles
and a tight-fitting cover. Such receptacles shall be readily
accessible to the collectors and e.mptied at least once each week.
(Section 19.9)
b. Wet garbage should be stored in a suitable container separately
from dry garbage. (Section 19.10)
2. Prohibited Activities
a. It shall be unlawful to collect garbage, rubbish or wastepaper
refuse within the city or transport the same through the
streets in the city without a license. (Section 19.8)
b. It shall be unlawful to show or deposit any garbage, rubbish or
waste matter upon any street or any other public place.
(Section 19.11)
c. It shall be unlawful to deposit any garbage or rubbish except at
an approved place. (Section 19.12)
d. It shall be unlawful to bury or burn garbage at any place within
the city. (Section 19.13)
e. It shall be unlawful to allow open burning except in multiple
combustion incinerators. (Effective July 1, 1971)
V. ENFORCEMENT
1. Requirements for Permits
Any person who wishes to engage in the business of collecting rubbish
or trash within the city shall obtain a license. (Section 19.28)
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SAN JOSE, CALIFORNIA
I. NAME OF ORDINANCE
San Jose Municipal Code - Sections 5303-5306
October 21, 1954 and later amended.
II. ADMINISTRATION
1. Responsible Agency
Health Officer
2. Fun..;ions and Powers
a. To vary provisions of Code if necessary due to special hardship.
(Section 5303.1o)
b. To grant permission to:
(1) To deliver refuse outside city. (Section 5304.5)
(2) To fill in low areas with refuse. (Section 5304.9)
(3) To use refuse to prevent erosion. (Section 530^.9)
(4) To use stable matter to fertilize land. (Section 5304.10)
(5) To feed swill to animals.(Section 5304.11)
c. To issue special refuse disposal license, (Section 5304.11)
d. To approve of manner of collection and transportation for all
refuse collection (Section 5305.9) and manner of disposal.
(Section 5306.5)
e. To inspect all rubbish collection vehicles. (Section 5307.1)
III. SCOPE OF LEGISLATION
1. Standards and Regulations
a. All garbage and rubbish shall be placed in separate metal containers
of sufficient strength to prevent collapsing or crushing; have
close-fitting metal cover; handles on each side; be leak-proof;
fly-proof; be free of sharp, ragged edges and not exceed 32
gallons in capacity (8 cubic feet for rubbish containers).
(Sections 5303.2 and 5303.8)
b. No container shall exceed 75 pounds in weight when full.
(Section. 5303.4, 5303.7 and 5303.9)
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C. All containers shall be kept clean and sanitary at all times.
(Sections 5303.4 and 5303.7)
d. All containers shall be kept within side or rear of yard and in
place accessible to collectors. (Sections 5303.3, 5303.6 and 5303.9)
e. Separate swill containers are required. (Section 5303.5)
f. Separate stable matter container not to exceed 72 cubic feet in
capacity unless stable matter to be mixed with garbage.
(Section 5303.11)
g. All refuse may be disposed of at city dump. (Section 5304.3)
h. All garbage and rubbish collectors shall keep complete set of
books and records (Sections 5305,5 and 5306.3) and file annual
report. (Section 5306.4)
2. Prohibited Activities
a. It shall be unlawful to accumulate any refuse on property owned
or occupied by him (Section 5303.1) or dispose of it (Section 5304.1)
unless in accordance with this code.
b. It shall be unlawful to accumulate more than one week's garbage
and rubbish (Section 5303.12) or one day's collection of swill.
(Section 5303.13)
c. It shall be unlawful to place any hot ashes, etc. or any burning
matter in any garbage or rubbish container. (Section 5303.14)
d. It shall be unlawful to deliver any refuse outside the city without
permission of the Health Officer. (Section 5304.5)
e. It shall be unlawful for refuse to be burned except in accordance
with following limitations:
(1) No burning except between 0900 and 1200 hours of any day.
(2) No industrial, commercial or medical garbage or rubbish
shall be burned except in approved incinerator.
(3) No noxious or offensive odors or dense smoke or public
nuisance may be caused.
(4) No fire in any public street, etc. or public property.
(5) No rubbish may be burned in incinerator unless rapid and
complete combustion assured.
(6) With written permission, leaves, branches, etc, may be
kindled. (Section 5304.6)
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f. It shall be unlrwiul to bury refuse. (Section 5304.7)
g. It shall be unlawful to use refuse to fill in low areas, (Section
5304.8),, prevent erosion (Section 5304.9), fertilize land
(Section 5304.10) or feed swill animals (5304.11) without
permission of Health Officer.
h. It shall be unlawful to collect, transport or dispose of swill
without a license (Section 5303.1), and a contract with the City
is required for any person to collect, transport or dispose of
garbage. (Section 5306.1)
IV. ENFORCEMENT
K Requirements for Permits, etc.
a. All swill, rubbish and garbage collectors shall have a valid license
and a contract with the City. [Sections 5305.1, 5305.2(a) and 5306.1]
b. License shall be issued after public hearing with final decision
up to City Council. [Section 5305.2(b)]
c. There is a tax on all swill (Section 5305.3), rubbish (Section
5305.4) and garbage collectors. (5306.2)
2. Inspection Procedure
a. All books and records may be inspected at any time.
(Sections 5305.5 and 5306.3)
b. All rubbish vehilces shall be inspected prior to use.
(Section 5307.1)
3, Liability for Violators
Any license tag or sticker issued may be taken away for violation
of this Code. (Section 5307.4)
4. Performance Bonds
Surety bond of $50,000 or other adequate security shall be given
by those authorized to collect, transport or dispose of any
waste matter. [Sections 5306.6 and 5306(a)]
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SANTA ROSA, CALIFORNIA
.,1. NAME OF ORDINANCE
Ordinance No. 933 - August 26, 1958.
II. GENERAL STATEMENT
1. Definitions
a. Garbage — includes kitchen and table refuse, offal, swill and also
every accumulation of animal and vegetable refuse, and other
matter that attends the preparation, consumption, decay, or
dealing in or storage of, meats, fish, fowl, birds, fruits,
or vegetables. It shall also include crockery, bottles, tin
vessels, ashes, and all refuse save and excepting as herein
defined as rubbish or wet garbage.
b. Wet Garbage - includes all clean garbage, suitable for food for
hogs, coming from restaurants, cafes, cafeterias, hospitals,
hotels, boarding houses, clubs and all other eating places
in the City of Santa Rosa, and from butcher shops and dealers
in fresh vegetables, and shall consist of and include only
kitchen and table refuse, offal and swill, and every accumu-
lation of animal and vegetable scraps, refuse or waste, and
other matter that attends the preparation, consumption,
decay, or dealing in, or storage of meats, fish, fowls,
birds, fruits or vegetables. Provided, however, that said
definition is not intended nor does it include the by-products
of butcher shops where said by-products have a commercial
value and are not decomposed nor offensive, and where said
by-products have not been rejected by the owners or producers
thereof as offensive or useless.
c. Refuse — includes all matter and materials which are rejected by
owners or producers thereof as offensive or useless,and which
by their presence or accumulation, may injuriously affect the
health, comfort, or safety of the community by increasing
disease or hazard by fire.
d. Rubbish — includes all combustible and non-combustible waste and
refuse matter, excepting garbage ordinarily accumulating in
and about residences, flats, buildings, apartment houses,
lodging houses, hotels, restaurants, eating houses, stores,
shops, offices and other public buildings. Among other things,
it shall include tree trimmings, cut in lengths not to
exceed three feet or two inches in diameter, grass cuttings,
dead plants, and weeds, and leaves but shall not include
brick mortar or other debris incident to the construction
of buildings.
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III. ADMINISTRATION
1. Responsible Agency
City Manager (Sections 8b and 13)
2. Functions and Powers
a. To set routes and time for collection. (Section 8c)
b. To make necessary changes in cases of difficulty. (Section 8e)
c« To make such interpretations as are necessary. (Section 11)
d. To enforce provisions of this Ordinance. (Section 13)
IV. SCOPE OF LEGISLATION
1« Standards and Regulations
a. Containers for garbage shall be galvanized metal, with handles,
from 15 to 30 gallons with close fitting covers, and kept closed
at all times. (Section 2a)
bc Containers for wet garbage shall be same except they shall be
watertight. (Section 2b)
c« Rubbish shall be kept In boxes, barrels or other suitable
receptacles. (Section 2c)
d. All commercial garbage shall be removed at least twice a week, all
residential garbage at least once a week, and all rubbish at least
once a week.
ee No garbage or rubbish shall be transported through the streets
except in vehicles constructed to be dustproof and so as to
prevent spillage. Wet garbage shall be transported in watertight
containers on the streets. Vehicles shall be kept clean and be
clearly marked. (Section 3)
f. Fees charged to occupants whether they use collection service or
not. (Section 6a)
2. Prohibited Activities
a. It shall be unlawful to allow accumulation of rubbish, wet
garbage or garbage on any public or private property or street
unless in accordance with storage requirements of this Ordinance.
(Section 3)
b. It shall be unlawful to deposit any refuse or rubbish on any lane,
street, alley, gutter or drain. (Section 3d)
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c. It shall be unlawful to bury any garbage without permit, (Section 3e)
d. It shall be unlawful to tamper with any garbage or rubbish without
permission, (Section 3f)
e. It shall be unlawful for any person to collect or transport any
garbage without a contract with the City, (Sections 4 and 8)
f. It shall be unlawful to deposit rubbish in public place. (Section 9)
g. It shall be unlawful to burn any garbage. Rubbish may be burned
subject to fire regulations. (Section 10)
h. It shall be unlawful to interfere with collection and disposal of
refuse, garbage, or rubbish by any person. (Section 13)
V, ENFORCEMENT
1. Requirements for Permits, etc.
Contract may not exceed ten years. (Section 5)
2. Penalties
Violation of this Ordinance is a misdemeanor punishable by fine
of not more than $300 or imprisonment not exceeding 90 days or both.
(Section 15)
3. Performance Bonds
Surety bond of $10,000 plus public liability insurance of not less
than $50,000 for death of one person, $100,000 for death of more
than one person, and $20,000 for property damage.
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AURORA, COLORADO
I. NAME OF ORDINANCE
Chapter 1 - Garbage and Rubbish, City Code, September 8, 1969.
II. GENERAL STATEMENT
1. Definitions
a. Garbage - includes any and all rejected or waste, household food,
offal, swill, kitchen refuse, and every refuse accumulation
of animal, fruit, or vegetable matter, liquid or otherwise,
that attends the preparation, use, cooking, and dealing in
or storing of food, or meat, fish, fowl, fruit or vegetable.
b. Rubbish, debris - includes all accumulation of waste, refuse,
rejected animal, mineral or vegetable matter, manure, ashes,
waste paper, cans, bottles, broken china, sawdust, leaves,
grass cuttings, shrubbery and tree trimmings, shavings and
packing material.
III. ADMINISTRATION
1, Responsible Agency
The Tri-County Health Department
2. Functions and Powers
a. To issue permits for collection and open burning. (Sections 5-1-14
and 5-1-20.1)
b. To supervise the collection and transportation of trash and
waste materials. (Section 5-1-17)
C. To make additional rules and regulations not inconsistent with
the terms and provisions of this Chapter. (Section 5-1-17)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. All garbage, trash, manure, rubbish and debris shall be removed
from the: places where the same shall accumulate. (Section 5-1-2)
b. The Council may enter into contracts and agreements for the
collection and removal of garbage, rubbish and debris.
(Section 5-1-3)
c. All garbage, rubbish and debris shall be collected and removed by
designated official at regular prescribed intervals. (Section 5-1-5)
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d. Every owner shall provide a vessel for garbage. Such vessel
shall be watertight and made of corrosion resistant metal,
galvanized, and shall be constructed of 26 gauge or heavier
metal, with a close-fitting metal cover. Such can shall be of
any capacity not greater than 32 gallons, and the gross weight
of such vessel shall not exceed TOO pounds. (Section 5-1-6 A and B)
e» Every collection vehicle shall be fitted with a watertight metal
tank box provided with a tight-fitting cover. (Section 5-1-6C)
f. Every person shall accumulate rubbish or debris in a box, barrel,
or other receptacle at convenient places. (Sections 5-1-6D)
g. Every vehicle shall be so designed and equipped so as to prevent
the escape or loss of any rubbish or debris while being transported.
(Section 5-1-6E)
h. All garbage, rubbish and debris shall be disposed of at a treatment
plant or other designated place. (Section 5-1-8)
1. There shall be no hauling of trash or waste between 7:00 P.M. and
6:00 A.M. (Section 5-1-19)
2. Prohibited Activities
a. It shall be unlawful to dump garbage, rubbish and debris.
(Section 5-1-8 A and B)
be It shall be unlawful to deposit any trash receptacle on the right-
of-way abutting any street. (Section 5-1-8 C)
c. It shall be unlawful for garbage,rubbish or debris to be deposited
in streets. (Section 5-1-13)
d. It shall be unlawful to transport burning material. (Section 5-1-13)
ee It shall be unlawful to burn any rubbish without a permit.
(Section 5-1-20.)
f«, It shall be unlawful after January 1, 1968 to burn any combustible
refuse except in an approved incinerator or other equipment.
(Section 5-1-20.2)
V. ENFORCEMENT
1c Requirements for Permits
a« Any person desiring to collect wastes shall obtain a permit from
the clerk upon the payment of $10 annual fee. (Sections 5-1-15
and 5-1-16)
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k, No open fires are permitted without having first obtained a
permit from the Chief of the Fire Department. (Section 5-1-20.1)
2. Inspection Procedure
a. It shall be unlawful to refuse to admit the Air Pollution Control
officer of the Tri-County Health Departmnet or any member of the
Fire or Police Department to any premise for inspection purposes.
(lections 5-1-20.4 and 5-1-20.5)
fe. No open fire shall be kindled until an officer of the Fire
Department has inspected and a determination has been made as tc
the safety of the fire. (Section 5-1-21)
3, Liability for Violators
1 delinquent accounts are subject to stoppage of service
without notice if not paid within 30 days. (Section 5-1-10)
4, Penalties
person guilty of violation shall, upon conviction thereof,
fee fined in an amount not to exceed $300 or imprisoned for a
period not to exceed 90 days. (Section 5-1-22)
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BOULDER, COLORADO
I. NAME OF ORDINANCE
Revised Code of the City of Boulder - Refuse, Refuse Haulers, and
Weeds - Codified October 19, 1965 and amended.
II. GENERAL STATEMENT
I. Declaration of Policy
To prevent conditions which are or may be fire or health hazards,
actual or potential harborages for rats, mice, rodents, vermin or
other pests, and to preserve and promote the health, welfare
and property of the inhabitants of Boulder. (Section 14-1)
2. Definitions
a. Refuse — includes all solid wastes, garbage and rubbish, whether
combustible or non-combustible, including rubble.
b. Garbage - includes all putrescible animal or vegetable waste
resulting from the preparation, cooking and serving of food,
or the storage and sale of produce.
c. Rubbish — includes all nonputrescible solid wastes, consisting of
both combustible and non-combustible wastes, including, but
not limited to, paper, ashes, cardboard, tin cans, yard
clippings, wood, glass, rags, discarded clothes or wearing
apparel of any kind, or any other discarded object or thing,
not exceeding three feet in length.
d« Rubble — includes large brush wood, large cardboard boxes or parts
thereof, large and/or heavy yard trimmings, discarded fence
posts, crates, motor vehicle tires, junk motor vehicle bodies
or parts thereof, scrap metal, bed springs, water heaters,
discarded similar object or thing which cannot conveniently
be cut into sizes less than three feet in length.
e. Refuse container - a metal or non-absorbent and fire resistant
container, which shall be equipped with a tightly fitting
metal or non-absorbent and fire resistant cover or lid, but
shall not include incinerators other than those herein defined,
or ash pits.
f. Refuse hauler - includes any person engaged in the business of
collecting, storing and transporting of refuse in the
City of Boulder and who is licensed thereof by the City.
g« Refuse disposal site - includes any location designated by the
City Council of the City of Boulder where any approved final
treatment utilization, processing or depository of solid
wastes occurs.
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h. Composting - the biological reduction or stabilization of
putrescible and other organic solid x^astes to a non-putrescible
manner.
i. Incineration - includes the controlled burning of combustible
solid wastes with or without accompanying non-combustible
wastes with the use of auxiliary fuel when necessary.
j. Sanitary landfill - includes the active portion of the landfill
site where refuse is being dumped, compacted, and covered.
k. Transfer station - includes any loading site where solid waste is
transferred from one vehicle to another for transfer to a
permanent refuse disposal site.
1. Disposal - includes the processing of solid wastes by sanitary
landfill, by incineration, by congesting, by grinding or
any other equivalent sanitary method. (Section 14-2)
III. ADMINISTRATION
1. Responsible Agency
The Health Officer, the Fire Chief, and the City Manager
2. Functions and Powers
a. To enforce the provisions of this code.
b. To make such additional rules and regulations to carry out the
intent and purpose of this Chapter. (Section 14-1)
c. To issue licenses. (Section 14-8b)
d. To require submission of plans ef landfill site. (Section 14-102e)
IV. SCOPE OF LEGISLATION
1c Standards and Regulations
a« All refuse, except rubble, shall be stored either in refuse
containers or in refuse storage rooms. (Section 14-5a)
bc Rubble need not be stored in containers or storage rooms but
shall be stored in such a manner as not to constitute or create
an unsanitary condition or a health or fire hazard. (Section 14-5b)
c. Separate containers shall be provided for garbage. (Section 14-5d)
d. All refuse vehicles shall have a tightly enclosed body to prevent
refuse from spilling. (Section 14-11)
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2. Prohibited Activities
a. It shall, be unlawful to permit refuse to accumulate. (Section 14-3)
b. It shall be unlawful to deposit any refuse on any street, park,
or any other public ground. (Section 14-6a)
c. It shall be unlawful to bury any garbage. (Section 14-6b)
d. It shall be unlawful to deposit garbage in the City's sewage
system unless shredded by a mechanical grinder. (Section 14-6c)
e. It shall be unlawful to permit dead animals to remain on any
public ground for longer than 24 hours, (Section 14-6d)
f. It shall be unlawful for refuse haulers to use unlicensed vehicles
or to operate while license suspended or revoked. (Section 14-10)
go It shall be unlawful to spill any refuse on any street or any
other public or private property. (Section 14-12)
3. Approved Operations of Solid Waste Facilities.
a. The proposed disposal site shall comply with the zoning and
health regulations. (Section 14-102 a and b)
b. Plans and specifications of the. site shall be approved by the
City Council. (Section 14-102 e)
C. Adequate drainage facilties shall be provided at the site.
[Section 14-102 e(4)]
d. Access roads shall be designed and constructed. [Section 14-102
e(5)]
e. Suitable fencing shall be provided. [Section 14-102 e (6)]
f. Shelter, sanitary facilities and safe drinking water shall be
provided. [Section 14-102 e (7)]
g. Adequate fire prevention and fire fighting facilities shall be
provided. [Section 14-102 e (8)]
lu Salvage operation, when permitted, shall not interfere with the
prompt sanitary disposal of refuse. [Section 14-102 e (10)]
I* Scattered materials shall be collected and disposed of at least
once a week. (Section 14-103c)
j. Rubble or bulky items shall be disposed of in such a manner to
prevent unsightliness or any unsanitary condition or hazard.
(Section 14-103d)
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k. Dust shall be controlled. (Section 14-103e)
!„ Adequate measures shall be applied to control flies, tnosquitos or
rodents and vermin. (Section 14-103 f)
m. The site shall be supervised at all hours of operation.
(Section 14-103h)
n. All refuse shall be spread in layars no more than two feet in
depth before compaction. (Section 14-104c)
o« The compacted depth in a single lift shall not exceed eight feet.
(Section 14-104d)
p. All compacted refuse shall be covered with at least six inches
deep of cover material by the close of operations.
(Section 14-104e)
q. The top cover and finished side slopes of the fill shall have at
least two feet of compacted soil. (Section 14-104f)
V. ENFORCEMENT
1. Requirements for Licenses
a. Licenses are required for refuse haulers. (Section 14-8a)
b. The license fees shall be as follows: $25 for every applicant and
the first refuse hauling vehicle used by him; $10 for every additiona
refuse hauling vehicle. (Section 14-8d)
c« All licenses issued shall automatically expire on the first day
of January of each year.
d« All licenses shall be non-transferable. (Section 14-8f)
2. Inspection Procedure
a. The City Manager, the Health Officer, or the Fire Chief, shall
have the right to inspect any and all premises within the City
at reasonable hours. (Section 14-14)
b. The Director of Environmental Health or his authorized agent of
the Health Department shall inspect the operation and maintenance
of all refuse disposal sites and keep a log of all inspections
performed. (Section 14-105)
3. Liability for Violators
Licenses may be suspended or revoked by the City Manager for
failure to comply with the provisions of this Chapter or any other
related ordinance. (Section 14-9a)
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4. Administrative Proceedings
a. No license shall be suspended or revoked unless the City
Manager gives written notice to the refuse hauler and a hearing
is held not sooner than three days from the mailing or giving of
such notice. The hauler shall be given an opportunity to be
heard at said hearing. (Section 14-9b)
b. The decision to suspend or revoke any license may be appealed to
the City Council. (Section 14-9d)
5. Insurance
9
All operators of the City refuse disposal sites shall enter
an agreement with the City Council which shall contain, among
other things, liability insurance in the following amounts:
$tOO,000 per person; $300,000 for two or more persons involved in
a single accident; and $50,000 property damage. (Section 14-107)
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WESTPORT, CONNECTICUT
—I. - NAME OF ORDINANCE
Ordinance Regulating the Storage, Collection and Disposal of Refuse,
February 15, 1958.
II. GENERAL STATEMENT
1. Definitions
a. Refuse — includes, but is not limited to, all solid wastes of the
community including all garbage, ashes, combustible rubbish,
non-combustible rubbish, trade wastes, salvageable trade
wastes, paper, cardboard, metal cans, glass, bottles, small
branches, prunings from trees and bushes, lawn trimmings and
small dead animals not exceeding 30 Ibs. each in weight.
Refuse shall not include body wastes, large tree branches,
tree trunks or tree roots.
bc Garbage — includes any animal or vegetable matter or product of the
putrefaction or decomposition thereof, which accumulates in
the preparation of food and any offal or refuse of meats,
fish, fowl, vegetable or spoiled foods and other refuse or
waste subject to decay.
C. Ashes — include the solid residue of combustion of any type of fuel.
d« Combustible Rubbish — includes all burnable refuse such as paper,
rags, cartons, boxes, wood, small branches, excelsior,
furniture, bedding, rubber, leather, etc.
e. Non-comubstible Rubbish — includes non-burnable refuse such as
glass, bottles, tin cans, metal food containers, tinware,
scrap metal, auto parts, pipe, other metallic substances,
rocks, sod, earthenware, brick, concrete, plaster, and other
mineral substances.
fc Trade Wastes — include all wastes and portions thereof from
wholesale and retail establishments, end products of
manufacturing, end products of food preparation for sale, or
scraps of leftovers or non-salable portions thereof.
g«, Salvageable Trade Wastes - includes all refuse that has use of
value to a person, firm, corporation or establishment other
than those producing the same. (Article 1)
III. ADMINISTRATION
1. Responsible Agencies
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a. Director of Health
b. Department of Public Works
e0 Chief of Police
2. Functions and Powers
a» Director of Health ., ......
(1) To approve the issuance of licenses. (Article 3, Section 1)
(2) To revoke licenses.(Article 3, Section 2)
(3) To inspect vehicles prior to issuance of licenses.
(Article 4, Section 2)
(4) To inspect all vehicles and equipment during license period.
(Article 4, Section 5)
(5) To set standards for disposal facilities. (Article 4,
Section 5)
(6) To send notice of violations.(Articles 6 and 8)
b. Department of Public Works
(1) To set standards for disposal facilities. (Article 5, Section 1)
(2) To send notice of violation.(Article 8)
c. Chief of Police
(1) To approve issuance of licenses. (Article 3, Section 1)
(2) To revoke licenses.(Article 3, Section 2)
(3) To inspect safety equipment for vehicles prior to
issuance of licenses. (Article 4, Section 1)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. Storage
(1) Containers shall be watertight, closely covered and have
adequate handles.
(2) Containers shall be kept sanitary and in good repair at
all tines.
(3) Ashes shall be stored in fire resistant containers but hot
ashes shall not be stored in containers.
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(4) Ashes shall not be allowed to accumulate on any premises
except in approved containers.
(5) If any storage condition becomes unsanitary, the Director
of Health may order its immediate correction.
(6) Dead animals shall be placed in carton or heavy sack
clearly marked as to contents and shall not be intermixed
with garbage. (Article 1, Section 7)
b. Collection
(1) All ashes, combustible rubbish and dry noncombustible rubbish
except garbage may be transported in non-watertight vehicles
if they are sufficiently covered to prevent loss of contents.
(2) All vehicles used for transportation of garbage or any type
of refuse except those specified in previous section must
be equipped with covered, watertight bodies. All vehicles
shall be constructed to prevent leakage or scattering of
contents and access to flies.
(3) Vehicles shall be washed out daily from May 1 to November 1.
During the rest of the year, vehicles shall be washed as
needed. Vehicles shall be sprayed as so directed by the
Director of Health. (Article 4, Sections 3 and 4)
2. Prohibited Activities
a. It shall be unlawful to dispose of any refuse except at designated
disposal area. (Article 2)
3. Approved Operation of Disposal Facility.
a. Standards to be set by Director of Public Works and Director of
Health.
b. Any user may deliver refuse directly to disposal area.
c. No refuse from out of town may be deposited at area.
d. Scavenging and salvaging is prohibited.
e. Disposal of all dangerous explosive or inflammable materials is
prohibited. (Article 5)
V. ENFORCEMENT
1. Requirements for Permits
a. License required to engage in business of collecting, transporting
or disposing of refuse.
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b. Application shall be approved by Chief of Police and Director of
Health.
c. License expires each April 30 and may be renewed annually.
(Article 3, Section 1)
2. Inspection Procedure
a. Chief of Police shall conduct safety inspection of vehicle prior
to grant or renewal of license.
b. Director of Health shall conduct sanitary inspection of vehicle
prior to grant or renewal of license.
c. Director of Public Works or Director of Health may conduct such
spot inspections as they deem necessary. (Article 4)
3. Liability for Violators
Director of Public Works and/or Director of Health shall revoke
license for any violation of this Ordinance. (Article 3, Section 2)
4. Penalties
Fine not to exceed $25 for each violation. Each day of willful
continuation after receipt of official notice is separate offense.
(Article 8)
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WASHINGTON, D. C.
I. NAME OF ORDINANCE
Part 6, Proposed Solid Waste Regulations, Chapter 3, Buildings and
Grounds, Title 8, Health Regulations, District of Columbia Regulations.
II. GENERAL STATEMENT
1„ Declaration of Policy
The purpose of this regulation is to enhance and improve the environment
and thus promote the health, safety and welfare of the District of
Columbia by establishing minimum standards for the storage, col-
lection, transportation and disposal of solid wastes. (8-3:601).
2. Definitions (8-3:602)
a. Abandoned vehicles- includes motor vehicles and trailers left on
public or private property for an extended period of time and
usually in an inoperable or hazardous condition and having only
scrap value.
b. Ashes - includes the residue from the burning of wood, coal, coke
or other combustible materials.
c. Bulky Waste - includes large items of solid waste such as appliances,
furniture, large auto parts, tree and branches, stumps, flotage,
and the like.
d. Combustible Rubbish - includes miscellaneous burnable materials.
e. Compactor Collection Vehicle - includes enclosed vehicles provided
with special mechanical devices for conveying the refuse into the
main compartment of the body and. compressing the loaded materials.
f. Composting - is a controlled microbial degradation of organic
waste yielding a nuisance free product of potential value as a
s oi 1 coiidi ti one r.
g. Construction and Demolition Wastes - include the waste building
materials and rubble resulting from construction, remodeling, re-
pair, and demolition operation on houses, commercial buildings,
pavements, and other structures.
h. Dead Animals - include those that die naturally or from disease, or
are accidentally killed.
i. Disposal Area - includes any site, location, tract of land, area,
building, structure or premises used or intended to be used for
partial or total solid waste disposal.
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j. Domestic Refuse - includes all those types which normally originate
in the residential household or apartment house.
k. Food Waste (Garbage) - includes animal and vegetable waste re-
sulting from the storage, handling, preparation, cooking or
serving of foods.
1. Hazardous Wastes - include those wastes that can cause serious injury
or disease during the normal storage, collection and disposal
cycle, including but not limited to explosives, pathological and
infectious wastes, radioactive materials, and dangerous chemicals.
m. Incinerator - includes any equipment, device or contrivance and all
appurtenances thereof used for the destruction by burning of solid,
semi-solid liquid, or gaseous combustible wastes.
nc Incinerator Residue - includes solid materials remaining after
reduction in an incinerator.
Oo Industrial Waste -includes solid wastes which result from industrial
processes and manufacturing operations such as factories, pro-
cessing plants, repair and cleaning establishments, refineries and
rendering plants.
p. Non-combustible Refuse - includes miscellaneous refuse materials
that are unburnable at ordinary incinerator temperatures (1300 to
2000 degrees F).
q. Open Dump - is an area on which there is an accumulation of solid
waste from one or more sources without proper cover materials.
r. Premises - include a building, together with any fences, walls, sheds,
garages, or other accessory buildings appurtenant to such building,
and the area of land surrounding the building and actually or by
legal construction forming one enclosure in which such building is
located.
s. Putrescible Wastes - include wastes that are capable of being
decomposed by micro-organisms with sufficient rapidity as to cause
nuisances from odors, gases, and similar objectionable conditions.
Kitchen's wastes, offal, and dead animals are examples of putrescible
components of solid waste.
t. Residue - includes the solid materials remaining after burning,
comprising ash, metal, glass, ceramics and unburned organic
substances.
u. Rubbish • is nonputrescible solid wastes, including ashes, consist-
ing of both combustible and non-combustible wastes, such as paper,
cardboard, tin cans, yard rubbish, wood, glass, bedding, crockery,
or litter of any kind.
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v. Scavengering - is the uncontrolled picking or sorting of solid
— wastes either before, during,or following collection.
w. Solid Waste (Refuse) - includes putrescible and nonputrescible
solid wastes, except body wastes, and including abandoned vehicles,
food waste (garbage), rubbish, ashes, incinerator residue, street
cleanings, tree debris, and solid market and industrial wastes.
x. Street: Refuse - includes material picked up by manual or mechanical
sweeping of alleys, streets and sidewalks, litter from public
litter receptacles, and dirt removed from catch basins.
y. Waste - includes useless, unwanted, or discarded materials
resulting from normal community activities. Wastes include
solids, liquids, and gases.
z. Yard Rubbish - includes prunings, grass clippings, weeds, leaves,
and general yard and garden wastes.
III. ADMINISTRATION
1. Responsible Agency
The Department of Sanitary Engineering and the Department of Economic
Development.
2. Functions and Powers
a. To issue collector's and collection vehicle licenses. (8-3:606)
b. To make inspections. (8-3:610)
c. To provide solid waste collection service. (8-3:605)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. All solid wastes shall be stored in such manner as not to provide
breeding places for insects or rodents, or to create a nuisance or
fire hazard. (8-3:603(a))
b. Containers shall be of approved design and materials. (8-3:603(c))
c. No single container or bundle shall exceed 60 pounds in weight.
(8-3:603(d))
d. There shall be a sufficient number of containers which shall be
kept clean and in good repair. (8-3:603 (e) and (f))
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e. Food waste (garbage) shall be drained, wrapped and stored for
collection with rubbish. (8-3:603(h))
f. Solid wastes shall be collected at least twice per week. (8-3:604(b))
g. Collection vehicles shall be operated in such manner that they
do not create a nuisance. (8-3:604(e))
h. Dead animals and decayed fish, maat or vegetable products shall
be collected in covered vehicles. (8-3:604(c))
i. Construction and operation of incinerators shall comply with the
applicable provisions of the Air Quality Control and Fuel Burning
Equipment Regulations. (8-3:607(b))
j, Any disposal method shall be approved before such activity is
undertaken. (8-3:607(f))
k. Hazardous wastes shall be transported and disposed of only by
approved methods. (8-3:607(g))
1. Solid Wastes to be acceptable for disposal at the District's
incinerators shall conform with the following requirements (8-3:608):
(i) Shall be readily combustible.
(ii) Shall not contain hazardous wastes,
(iii) Shall not contain heavy timbers, logs, stumps or large
quantities of ashes, dirt or rubble.
(iv) Shall not contain large quantities of rubbish with a high
moisture content.
(v) Bulky combustible materials shall not exceed 4 feet in
length or 2 feet by 2 feert in cross-section.
(vi) Brush and tree debris shall not exceed 4 feet in length
or 4 inches in diameter.
(vii) Timbers may not exceed 4 feet in length, or 4 inches by
4 inches or 2 inches by 12 inches in cross-section.
2. Prohibited Activities
a* No person shall throw any solid waste in any street or other
public space. (8-3:603(b))
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b. Collectors shall not permit spillage from solid waste containers
or collection vehicles. (8-3:604(c))
c. Open burning is prohibited by the Air Quality Control and Fuel
Burning Equipment Regulations. (8-3:607(h))
V. ENFORCEMENT
1. Requirements for Permits
a. No person shall use any collection vehicle without a collector's
and a collection vehicle license. (8-3:606(a))
b. No collection vehicle license shall be granted until the vehicle
has been inspected by the Director of Public Health. (8-3:606(d))
2. Inspection Procedure
The Commissioner of the District of Columbia is authorized to make
inspections of solid waste storage containers, collection systems,
collection vehicles, and disposal sites. (8-3:610)
3. Liability for Violation
Continued violation of any provisions of this Article shall be
grounds for the revocation, suspension or denial of any collector's
or collection vehicle license. (8-3:611)
4. Administrative Proceedings
The licensee shall be given an opportunity to answer and be heard
by the Commissioner upon the charges against him. (8-3:611)
5. Penalties
Any person who fails to comply with any provision of this Part shall
be punished by a fine not to exceed $300 or imprisonment not to
exceed 90 days, or both. (8-3:612)
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CLEARWATER, FLORIDA
I. NAME OF ORDINANCE
"Sanitation Service Ordinance of Clearwater'' Ordinance No. 1181,
November 18, 1968.
II. GENERAL STATEMENT
1. Definitions
a. Garbage - includes every refuse accumulation of animal, fruit
or vegetable matter attending the preparation, use, cooking,
and dealing in or storage of meats, fish, fowl, fruits,
vegetables or grains.
b. Trash
(1) Containerized Trash - includes any leaves, yard or small
hedge clippings or other types of rubbish or trash
consisting of combustible and non-combustible wastes,
such as paper, cardboard, boxes, crates, tin cans, yard
trimmings, leaves and other similar materials as
ordinarily accumulate about residential property.
(2) Bundled or Stacked - includes tree limbs less than four
inches in diameter and no longer than four feet,such as
palm fronds, large hedge clippings or any residue
accumulated from normal landscaping operations.
c. Foreign Materials
(1) Constructions materials, such as sand, wood, stone, bricks,
cement, concrete construction blocks, roofing and other
building materials including sod; animal wastes shall
also be considered foreign material.
(2) Tree stumps, appliances, household furniture, discarded
metals and wood and other similar type material that is
bulky, cumbersome or cannot be safely placed into
collection equipment. (Section 10-2)
III. ADMINISTRATION
1. Responsible Agency
Sanitation Superintendent (Section 10-4)
2. Functions and Powers
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a. To make regulations concerning collections days, types and location
of containers and other necessary matters. (Section 10-4)
b. To deny collection service to those who fail to replace bad
containers, [Section 10.5 (2a)]
c. To grant permission for commercial trash bins and mechanical
" containers. [Section 10-5 (2)]
-d. To approve of refuse disposal within city limits. [Section 10-5(3b)]
*. To make any reasonable regulations he finds necessary.
[Section 10-5(3c)]
f. To issue collection permits. [Section 10-8(4)]
g. To enforce the Ordinance using limited police powers. (Section 10-14)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. All refuse in City shall be collected, conveyed and disposed of by
City Government except commercial owners may personally collect
«nd dispose of own refuse and outside collectors may haul refuse
on city streets. (Section 10-3)
b. Preparation of Refuse
(1) Garbage shall be drained and wrapped in paper prior to being
placed in cans.
(2) Trash shall be drained prior to collection.
(3) Leaves, clippings and trimmings shall be put in approved
receptacle and not filled above top to be collected on
regularly scheduled route.
(4) Dangerous materials (i.e., glass, razor blades, etc.) shall
be deposited in disposable container.
(5) No single article too heavy for one man to lift shall be
collected. No tree trunk or limb larger than four inches
in diameter or longer than four feet shall be collected.
[Section 10-5(1)]
c. Refuse Containers
(1) Shall be maintained in good condition or sanitation
superintendant may refuse collection service.
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(2) Shall be made of heavy plastic or metal, equipped with handles
and tight-fitting cover, be watertight,capacity of not more
than 20 gallons, and able to be handled by one man easily
without strain.
(3) Shall be of type approved by Health Agency.
(4) No commercial trash bins without permission of Sanitation
Inspector. [Section 10-5(2)]
d. It is duty of property owner or occupant to provide receptacle.
(Section 10-9)
e. Storing of Refuse
(1) All commercial establishments shall prevent wind-driven debris
and unsightly litter.
(2) Public parking lots shall be provided with trash containers.
[Section 10-5(3)]
f. Points of Collection
Containers shall be placed at point easily accessible to
collectors who will not unlock any obstacle or go over, under
or around any obstruction. Exceptions of this require extra
fee. [Section 10-5(4)]
g. Garbage will be collected twice each week for residences and
small businesses. For schools, hotels, hospitals, and large
commercial establishments, collections will be daily except
Sunday and holidays. [Section 10-6(1)]
h. Vehicles used in hauling refuse shall be watertight and designed
so as to prevent spillage and scattering. [Section 10-6(3a)]
i. Disposal shall be made outside city limits, unless otherwise
authorized by Sanitation Superintendent. [Section 10-6(3b)]
j. Incinerators operated within City shall cause no offensive odor,
sparks, minimum of smoke, and not become a. nuisance.
[Section 10-6(3d)]
2. Prohibited Activities
a. It shall be unlawful to collect.con/ey or dispose of any refuse
accumulated in city without written contract or permit.
(Section 10-3)
be Storing of Refuse
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(1) It shall be unlawful to place any refuse on street, alley,
public or private property unless in proper containers.
(2) Any unauthorized accumulation of refuse is declared to be a
nuisance and is prohibited.
(3) It shall be unlawful to scatter, place, sweep, or deposit
refuse in such a manner that it may be carried by the elements
onto the street, sidewalk, public place or occupied premises.
[Section 10-5(3)]
C. It shall be unlawful to place highly imflammable or explosive
materials in containers for regular collection and ashes shall be
wetted down and cool prior to collection. [Section 10-6(2)]
d. It shall be unlawful to deposit on or bury in any land, street,
etc. any garbage or other noxious, offensive matter.
e. It shall be unlawful to fail to keep all containers clean,
sanitary, tightly covered and in good repair.
f. It shall be unlawful to place any refuse on streets or sidewalks
which might endanger pedestrian or vehicular safety.
g. It shall be unlawful to collect or permit to be collected by persons
without a contract or permit.
h. It shall be unlawful to violate any provisions of this Ordinance.
ENFORCEMENT
1. Liability for Violators
Failure to remove any accumulation of refuse is a violation.
[Section 10-5(3a-1)]
2. Administrative Proceedings
a. Any person aggrieved by regulation or fee charged shall have right
to appeal to City Manager who can confirm, modify or revoke
regulation or fee. (Section 10-4)
b. Any container which is not in good repair shall be promptly
replaced upon written notice from City. [Section 10-5(2a)]
c. A 24-hour correction notice of violation of provisions of this
Ordinance may be issued. If not substantial compliance within
24 hours,, summons may be issued. (Section 10-14)
3. Penalties
Correction of violation means fine of up to $500 or up to 60 days
imprisonment or both. Each day violation continues is a separate
offense. [Section 10-14(2)]
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FT. LAUDERDALE, FLORIDA
I. NAME OF ORDINANCE
Chapter 20 of Code of Ordinances ''Garbage, Trash and Weeds''
May 1, 1969.
II. GENERAL STATEMENT
1. Definitions
a« Garbage — includes every waste accumulation of animal or vegetable
matter which attends the preparation, use, cooking.processing,
handling or storage of meats, fish, fowl, fruits, vegetables,
or other matter which is subject to decomposition, decay,
putrefaction or the generation of noxious or offensive gases,
or odors, or which during or after decay, may serve as
breeding or feeding material for flies, insects or animals.
b. Household trash - includes every waste accumulation of paper,
sweepings, dust, rags, bottles, cans or other matter of any
kind, other than garbage, which is usually attendant to
housekeeping.
C« Commercial trash - includes every waste accumulation of dust,
paper, paper cartons, cardboard, cardboard cartons, excelsior,
rags, or other accumulations, other than garbage or household
trash, which are usually attendant to the operation of
stores, offices and similar businesses.
d« Industrial waste - includes every waste accumulation of metal,
metal products, minerals, chemicals, rocks, cement, asphalt,
tar, oil, grease, glass, crockery, rubber tires, bottles,
cans, lumber, ashes, sawdust, wastes from animal packing or
slaughterhouses or other materials usually created by
commercial enterprise, but not garbage, household trash or
commercial trash.
e. Yard trash — includes every waste accumulation of lawn, grass, or
shrubbery cuttings or clippings and dryleaf rakings, free of
dirt, rocks, large branches and bulky or noncombustible
material.
f. Tree trimmings — includes every waste accumulation of palm
fronds, tree branches, parts of trees, bushes or shrubs,
greenleaf cuttings, coconuts, fruit or other matter usually
created as refuse in the care of trees or large bushes.
g. Single family residence - includes any single family dwelling,
and is interchangeable with the word 'household.' Where
both a single family residence and a guest house occupy the
same premises, each of them shall constitute a separate
living unit.
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h. Multiple dwelling - includes all places of abode, other than
single-family residences, having two or more living units.
i. Commercial establishment - includes any place, building and/or
enterprise devoted in whole or in part to a business enterprise
whether non-profit or profit making.in nature, except where
such place, building and/or enterprise constitutes a single-
family residence or multiple dwelling.
j. Living unit - includes any place of abode which is suitable for
permanent or transient family or individual residential use.
Each such living unit shall be considered as single
and separate for the purpose of this chapter. (Section 20.1)
III. ADMINISTRATION
1. Responsible Agency
a. Director of Public Works
b. Refuse Superintendent
e. Fire Chief
2. Functions and Powers
a. Director of Public Works
To approve of rules and regulations. (Section 20-10)
b. Refuse Superintendent
To enforce ordinance provisions and systems determination.
(Sections 20-2, 20-4 and 20-8)
e. Fire Chief
To issue permits for burning. (Section 20-8)
IV. SCOPE OF LEGISLATION
1« Standards and Regulations
a. Responsibility
(1) Owners, or agents, tenants or lessees of all residential and/or
commercial establishments shall be responsible for complyin^
with the provisions of this Ordinance. (Section 20-3)
(2) All owners or occupants of real property located within the
city shall clear and keep clear said property of all unsightly
and unsanitary matter accumulating thereon. (Section 20-12)
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b. Storage
(1) All households, multiple dwellings, public buildings and
commercial establishments shall provide adequate receptacles.
Metal containers shall have handles, tight-fitting covers,
be watertight and not exceed 32 gallons in capacity.
(2) All receptacles shall be kept clean and in good repair and
shall be subject to inspection and subsequent approval or
condemnation by the sanitation division. Grounds for
condemnation are containers which are unfit, unsafe,
uncovered, unsanitary or do not otherwise meet the requirements
of this chapter.
(3) All containers shall be kept at an easily accessible location.
(4) All containers shall meet the other requirements of Section 20-4,
c. Collection
(1) Household and multiple dwellings without public dining areas -
two collections per week for garbage and household trash.
(2) Multiple dwellings with two or more cubic yards of garbage/
household trash per week or any complex with ten or more
living units shall use bulk containers. The frequency of
collection shall be determined by the superintendent.
(3) Commercial establishments and public buildings not using
bulk containers may have up to six collections per week, but
any building with two or more cubic yards of garbage,
household trash and commercial trash shall use bulk containers.
(4) Yard trash will be collected on a regular collection day with
a limit of two regulation containers combined capacity.
(Section 20-2)
2. Prohibited Activities
a. It shall be unlawful to place in container:
(1) Wet and unwrapped refuse;
(2) Cardboard or paper carton without breaking them down and
folding flat;
(3) Any glass material without having covered it to prevent injury;
(4) Any animals, parts of animals or animal waste.
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b. It shall be unlawful to place or cause to be placed any refuse
upon any street, road, body of water, public property except at
designated place or private property without permission of owner.
(Section 20-6a)
c. It shall be unlawful to allow accumulation of any material which
may constitute a nuisance or endanger the public health, safety
or general welfare. (Section 20-6b)
d. It shall be unlawful to transport any refuse without having vehicle
completely enclosed and with material securely confined.
e. It shall be unlawful to bury or burn or dispose of any garbage,
trash or similar material except by use of a garbage disposal unit
or in accordance with the provision of this chapter.
ENFORCEMENT
1. Requirements for Permit
a. License required to transport refuse in city. (Section 20-7)
b« Application shall be made to City Treasurer. (Section 20-7)
c. The Fire Chief may issue a special permit for burning if certain
conditions met. (Section 20-8)
2. Liability for Violators
License may be revoked or suspended upon proper showing of
violation of this chapter. (Section 20-7)
3. Penalties
Violation of this chapter shall result, upon conviction, in
punishment as provided in Section 1-6 this Code. Each day of
violation is a separate and distinct offense.
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JACKSONVILLE, FLORIDA
I. NAME OF ORDINANCE
Ordinance 69-567-562, October 6, 1969.
II. GENERAL STATEMENT
J. Definitions
a. Franchise - includes the written authority granted by the Council
under this Ordinance, and all lawful franchise agreements
granted by the former government of Duval County to engage
in the business of garbage, rubbish and refuse collection
service within the City.
b. Garbage — includes every accumulation of animal, vegetable or
other matter that attends the preparation, consumption,
decay, dealing in or storage of meats, fish, fowl, birds,
fruit, or vegetables or any other putrescible matter including
cans, containers or wrappers along with such materials.
c. Industrial Waste - includes waste and debris from brick, concrete
block, roofing shingle and tile plants, as well as debris
and waste accumulation from land clearing, excavating,
building, rebuilding and altering of buildings, structures,
roads, streets, sidewalks or parkways and any waste material
which because of the volume and nature does not lend itself
to collection with ordinary garbage and trash originating
from warehouses, abattoirs and manufacturing plants.
d. Refuse - includes the combination of mixture of rubbish and
garbage.
e. Rubbish - includes the accumulation of paper, excelsior, rags,
bottles, cans, wooden and paper boxes or containers,
sweepings and all other accumulations of materials other
than garbage which are usual to housekeeping and to the
operation of stores, offices and other business places, and
leaves, grass, garden and yard trash, and excluding stoves,
refrigerators, metal furniture, auto bodies and parts,
washing machines, major household appliances,and industrial
waste.
f. Solid Waste Coordinator - includes a person so designated by the
Director of the Public Health and Welfare Department under the
provisions of this Ordinance.
g. Yard Trash - includes an accumulation of leaves, shrubbery cuttings,
branches, weeds, grass or other materials attending the
care of lawns, shrubbery, vines, and tree trimmings. (Section 1)
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III. ADMINISTRATION
1. Responsible Agency
Solid Waste Coordinator (Section 9a)
2. Functions and Powers
a. To investigate complaints against franchise holder.
b. To suspend operation of any franchise holder found to be in
violation of the provisions of this Ordinance until said violations
cease.
c. To initiate charges against franchise holder for forfeiture of
franchise.
d. To enforce violation of any provision of this Ordinance.
(Section 9b)
IV. SCOPE OF LEGISLATION
1„ Standards and Regulations
a. Service shall be provided to each customer in franchise area
that desires service and who pays lawful fees.(Section 10)
b. Franchise holder not responsible for any materials on private
property as a result of construction. Such materials shall be
removed by the owner. (Section 11 a)
c. Franchise holder shall not be responsible for collecting
industrial waste, but shall collect yard trash or rubbish that is
not in excess of cubic yard per week, and all yard trash or rubbish
in containers not exceeding 40 pounds in weight per container.
(Section 11 a)
d. Garbage and refuse shall be collected at least three times weekly
and yard and rubbish collection at least once a week, except in
emergency situations so designated by Solid Waste Coordinator.
(Section 11b)
e. Disposal of garbage,refuse and rubbish shall be in approved
manner and place. (Section 14)
2. Prohibited Activities
a. It shall be unlawful to operate or solicit any collection
service except as provided in this Ordinance..(Section 2a)
b. It shall be unlawful to dispose of any dangerous materials in a
manner which might be harmful to any person. (Section 12a)
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C. It shall be unlawful for any franchise holder to litter or permt
his employees to litter upon any street, lot, sidewalk, bod\ of
water, etc., nor shall this material be dropped, spilled or
scattered from any vehicle upon any street, raad, public or
private place. (Section 12b)
d. Vehicles used shall not constitute a sanitary nuisance, (Section 12
V. ENFORCEMENT
1. Requirements for Franchises
a. Application shall be to President of Council and include nap of
area of desired service, schedule of proposed charges, personnel
and equipment to be required and any other necessary it.formation.
(Section 4)
b. Application shall include names of all shareholders of lO/i or
more of the stock. (Section 4a)
C. Each applicant shall include financial statement aud such statement
shall exceed $10,000. (Section 4b)
d. Any corporation or partnership shall file its incorporation or
partnership papers with the application, (Section ^Vc)
e. An investigation of the criminal records of applicants shall ,>e
made by the Sheriff. (Section 5b)
f. No franchise shall be granted unless the issuance thereof is
required by public convenience and need. (Section 5d)
g. No franchise may be sold, assigned or transferred un]ess -Approveu
by the Council. (Section 6)
h. If person awarded a franchise fails to commence work, within 15
days after the effective date, such franchise tray he rurlexted at
the option of the Council. (Section 7)
i
2, Administrative Proceeding
a. Upon filing of application a public hearing shall be held within
20-60 days before the Public Services Committee. Written notice
shall be given to the applicant and all other franchise holders
and within 15-30 days prior to said hearing, Notice shall be
given to the public by publication. (Section 5r)
I
b. A public hearing shall be held before the Public Services Committee
on any request for a rate adjustment. All franchise holders shall
receive written notice at least ten days prior to the hearing and
the public shall receive notice by publication within 10-15
days prior to the hearing. (Section 15)
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3. Penalties
Punishment not to exceed $500 and/or not more than 90 days. Each
day of violation is a separate and distinct offense. (Section 1b)
4. Performance Bond
$5,000 (Section 13)
5. Insurance
$100,000 - each person for bodily injury, sickness or disease
including death resulting therefrom. ,
$300,000 - for each accident-
$ 25,000 - property damage for each accident.
Policy may not be cancelled without 30 days notice to the
Coordinator. Coordinator shall approve new policy at least 45
days prior to expiration of existing policy.
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MIAMI, FLORIDA
I. NAME OF ORDINANCE
"Garbage, Trash and Rubbish,'' Chapter 20, Articles 1 and II
Miami City Code. Codified in 1945 and amended through 1969.
II. -GENERAL STATEMENT
1. Definitions
a. Garbage - includes every refuse accumulation of animal, fruit
or vegetable matter attending the preparation, use, cooking
and dealing in or storage of meats, fish, fowl, fruits,
vegetables or grains.
b. Refuse - includes all putrescible and nonputrescible solid wastes
(except body wastes) including garbage, rubbish, dead animals
and solid market and industrial wastes.
C. Rubbish - includes nonputrescible waste, such as paper, card-
board, tin cans, yard clippings, wood, glass, bedding, crockery
and similar materials.
d. Trash - includes all small discarded materials other than
garbage, refuse and rubbish which can be placed in appropriate
trash containers and can be handled at the city incinerator.
e« Waste - includes garbage, refuse, rubbish, and trash. (Sec. 20-19)
III. ADMINISTRATION ;
1. Responsible Agency
Department of Sanitation
IV SCOPE OF LEGISLATION
Owners, lessors, managers, agents, tenants or lessees shall be
responsible for complying with the provisions of this article.
(Sec. 20-17)
1. Standards and Regulations
a. Storage
(1) Sufficient approved containers shall be provided. (Sec. 20.2)
(2) Containers shall be watertight, fitted with tight-fitting
lid with a handle and have a capacity not exceeding 25
gallons. (Sec. 20-2)
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(3) Storage site shall be in an easily accessible location, be
a platform above ground level and be so constructed so as
to discourage breeding of rodents. (Sec. 20-3)
(4) Director of Sanitation may decide location of containers.
(Sec. 20-3)
(5) Damaged containers and sunken placement holes shall be
replaced or repaired. (Sec. 20-4)
(6) Garbage shall be wrapped and drained. (Sec. 20-6)
(7) All paper cartons and boxes shall be flattened out before
collection. (Sec. 20-4)
(8) All dangerous material shall be deposited in separate
container. (Sec. 20-6)
(9) Newspapers and magazines not deposited in regular container
shall be securely bound. (Sec. 20-6)
b. Collection
(1) All rubbish shall be placed next to street pavement or
along curb line, but not in the road or in any area not
easily accessible to collector. (Sec. 20-7)
(2) Collection of garbage trash shall be at least twice weekly
(Sec. 20-8) with schedule to be set by director of sanitation.
(Sec. 20-9)
(3) Collection of rubbish shall be at least once every 21 days.
(Sec. 20-10)
(4) Furnitures, furnishing and appliances shall be collected at
least once each year with date of collection to be
announced in newspaper. (Sec. 20-11)
(5) The city shall not collect materials from construction sites
and such material shall be removed by the owner of the
property or by the contractor. (Sec. 20-12)
c. Transporation
Vehicles shall be so constructed so as to prevent spillage
or leakage of materials onto the street or any public
place. (Sec. 20-15 and 20-16)
2. Prohibited Activities
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a. It shall be unlawful to dump any refuse or rubbish on any street,
road or public highway. (Sec. 20-14)
b. It shall be unlawful to deposit or bury anywhere except in an
approved container any offensive material. (Sec. 20-16)
c. It shall be unlawful to transport materials without protecting
against spillage or leakage. (Sec. 20-16)
d. It shall be unlawful to place in -any regular approved container
any dangerous or explosvie material. (Sec. 2-16)
e. It shall be unlawful to disturb any approved containers. This
does not apply to the owner or occupant of premises where
containers rest.
v. 'ENFORCEMENT
1. Requirements for Permits
a.. All persons required to procure a commercial waste collection
license shall submit an application to the director of finance.
b. Application forms are to be provided by the city.
c. Final decision made by city commission.
d. Application shall be accompanied by statement from the director
of sanitation that he is satisfied with applicant's equipment,
method of collection and disposal area. (Sec. 20-20 and 20-21)
2. Liability of Violators
a. Warnings that are issued shall give 24 hours for compliance and
state the penalty for non-compliance.
b. There shall be a reinspection 24 hours after issuance of
warning.
c. If violations continue, a summons for a court appearance shall
be issued. (Sec. 20-18)
3. Insurance
a. The following insurance is required of licenses prior to
commencing business:
(1) Workmen's compensation.
(2) Automobile liability.
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(a) $50,000 per person for each accident bodily injury
liability.
(b) $100,000 for each accident bodily injury liability.
(c) $25,000 for each accident for property damage.
b. These insurance requirements are-not construed as imposing
liability upon the city or any official or employee.
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MIAMI SPRINGS, FLORIDA
I. NAME OF ORDINANCE
An. Ordinance Establishing Rules and Regulations Pertaining to Garbage
and Trash Disposal, Ordinance No. 351, April 11, 1966.
II. GENERAL STATEMENT
1 o Definitions
a« Commercial establishments includes any hotel, motel, apartment
house, rooming house or tourist court which contains three (3)
or more service units, and any other building, business or
establishment of any nature or kind whatsoever other than a resi-
dential unit.
b. Garbage includes every refuse accumulation of animal, fruit or
vegetable matter that attends the preparation, use, cooking and
dealing in, or storage or edibles, and any other matter, of any
nature whatsoever, which is subject to decay, putrefaction and
the generation of noxious or offensive gases or odors, or which,
during or after decay, may serve as breeding or feeding material
for flies or other germ-carrying Insects.
C. Garbage can includes any plastic or galvanized metal container of
the type commonly sold as a garbage can, of a capacity not less
than twenty gallons and not to exceed thirty gallons, having two
handles upon the sides thereof, or a bail by which it may be
lifted, and a tight-fitting metal or plastic top with handle, and
so constructed as to permit the free discharge of its contents.
d. Mobile container includes any metal 14 gauge steel garbage and
waste container with the following minimum specifications: 77
3/8 inches long, 30 inches wide and 46 inches high at the back
edge, tapering down to 41'' at loading edge and shall be mounted
on four rubber wheels with roller bearings and/or metal slides.
Said mobile container shall be capable of fitting hydraulic
attachments for unloading. Said container shall be flyproof,
ratproof and leakproof and shall be fitted with 14 gauge steel
constructed covers.
e. Garden trash includes all accumulations of leaves, grass or
shrubbery, cuttings and other refuse attending the care of lawns,
shrubbery vines and trees.
f. Industrial wastes includes the waste products of canneries,
slaughterhouses or packing plants, condemned food products,
agricultural waste products, wastes and debris from brick,
concrete block, roofing shingle or tile plants, debris and wastes
accumulated from land clearing, excavating, building, rebuilding
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and altering of buildings, structures, roads, streets, sidewalks
or parkways, and any waste materials which, because of their
volume or nature, do not lend themselves to collection and
-Incineration co-mingled with ordinary garbage and trash, or which,
because of their nature or surrounding circumstances, should be,
for reasons of safety or health, disposed of oftener than the
city collection service schedule provided for this ordinance.
g. Noncombustible refuse includes refuse materials that are unburnable
at ordinary incinerator temperatures (800 to 1800 degrees F) such
as metals, mineral matter, large quantities of glass or crockery,
metal furniture, auto bodies or parts, and other similar material
or refuse not usual to housekeeping or to operation of stores
or offices.
h. Rubbish includes refuse accumulations of paper, excelsior, rags
or wooden or paper boxes or containers, sweepings, and all other
accumulations of a nature other than garbage, which are usual to
housekeeping and to the operation of stores, offices, and other
business places, and also any bottles, cans or other containers
which, due to their ability to retain water, may serve as breeding
places for nosquitoes or other water-breeding insects; rubbish
shall not include noncombustible refuse, as defined above.
i. Waste: garbage, rubbish, garden trash, nonconbustible refuse
and inc.usr.rial wastes, as herein defined.
III. A DM7.NT o *I K ATI 01"
1, Responsible Agency
Public Service Department
2, Functions and Powers
a. To approve plans for storage of garbage and waste. (Section 6)
b. To Isf.re perrdts for garbage collection and disposal. (Section 12)
c. To enforce the provisions of this section. (Section 17:c)
IV. SCOPE OF LEGISLATION
1, Standards and Regulations
a. Each commercial establishment shall have a sufficient number of
garbage cans or mobile containers and each residential unit shall
have a minimum of one garbage can. (Section 3)
b. Garbage cans and/or mobile containers shall be kept tightly
covered at all tines and shall be capable of being closed.
(Section 3)
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c. All garbage shall be thoroughly drained of all liquid and
wrapped in paper. (Section 3)
d. Garbage cans or mobile containers shall be placed on the owner's
property as near to an alley as is practicable. The property
owner shall provide an off-set in the fence, wall or hedge of
not less than 4 feet by 10 feet for the placement of garbage cans
or mobile containers. (Section 4)
e. Every owner shall prevent the continued excessive and unsightly
accumulation of garbage, garden trash, or other types of trash.
(Section 7)
f. The materials transported upon public roads shall be adequately
secured in such manner as to prevent the materials from being
blown from the transporting vehicles. (Section 9)
g. Special collections outside the regular hours of operation may be
performed for fees. (Section 11)
i. All owners of land shall keep said property in a safe, clean and
presentable condition. (Section 18:a)
2. Prohibited Activities
a. It shall be unlawful to dump or bury any waste unless permission
has been obtained from the owner. (Section 8)
b. It shall be unlawful to place in containers dangerous materials.
(Section 10)
c. It shall be unlawful to permit on any lot any weeds, grass or
other noxious matter to grow to a height of over six inches from
the ground. (Section 17:a)
d. It shall be unlawful to permit any waste to remain on any
premises. (Section 17b)
V. ENFORCEMENT
1. Requirements for Permits
a. A permit is required to engage in the business of garbage collection
and disposal. (Section 12)
b. No person shall collect, transport or dispose of garbage or waste
without first having secured a permit for such services. (Section
13)
c. Permits shall be issued for one year. The city reserves the right
to refuse to renew permits at the expiration date. (Section 14a)
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2. Liability for Violators
Permits nay be cancelled for violations of the provisions of
this ordinance. (Section 14a)
3. Administrative Proceedings
a. The Director of Public Works shall give notice to the owner of
any property, whenever there is an accumulation of trash and
rubbish. Unless the unhealthy and hazardous condition is remedied
within 3 days from the date of the notice, the city will undertake
to correct the conditions and charge the expense thereof.
b. If the owner shall file a demand for a hearing, the Director of
Public Works shall proceed no further in the matter and refer the
question to the next meeting of the City Council. (Section 18)
4. Penalties
a. Any person violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be punished by fine not exceeding $500 or imprison-
ment not exceeding 60 days or both. (Section 19)
b. If no corrective action is taken within three days after the
serving of notice, the violator shall be prosecuted in the
municipal court. (Section 17c)
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ST. PETERSBURG, FLORIDA
I. NAME OF ORDINANCE
Ordinance No. 154-E amending Chapter 19 of St. Petersburg City Code,
December 1, 1968
II. GENERAL STATEMENT
1. Declaration of Policy
2. Definitions
a.. Food and industrial processing wastes includes the waste products
of canneries, slaughterhouses, packing plants, large quantities
of condemned food products, industrial wastes from brick, con-
crete block, roofing shingle or tile plants, debris and wastes
accumulated from land, clearing building, rebuilding and
altering of buildings, structures, roads, streets, sidewalks,
parkways, excavation by an owner or contractor or work performed
by purchase and hire of labor and materials.
b. Garbage includes all refuse accumulations of animal, fruit, or
vegetable matter that attends the preparation, use, cooking and
dealing in, or storage of, meats, fish, fowl, fruit or vegetables,
and any other matter of any nature whatsoever, which is subject
to decay, putrefaction and the generation of noxious or offensive
gases or odors, or which during or after decay may serve as
breeding or feeding materials for flies or other germ-carrying
insects; and any bottles, cans or other containers which, due
to their ability to retain water, may serve as breeding places for
mosquitoes or other water breeding insects.
c. Garbage or rubbish can includes'any metal can of the type commonly
sold as a garbage can which has a capacity of not less than ten
gallons and of not more than thirty gallons. Such can shall have
two handles upon the sides of the can or a bail by which it may
be lifted, and shall have a tight-fitting metal top or be of the
type and size suitable to be emptied in a mechanical loading
device approved by the City Manager.
d. Garden trash includes all accumulations of grass or shrubbery
cuttings, and other refuse attending the care of lawns, shrubbery,
vines, trees, and tree limbs.
e. Rubbish includes refuse accumulations of paper, excelsior, rags,
or wooden or paper boxes or containers, sweepings, and all other
accumulations of a nature other than garbage, which are usual to
housekeeping and to the operation of stores, offices, and other
business places. Rubbish shall not include ''noncombustible
refuse,*' as defined in this section, but shall include such
garden trash as shall be capable of deposit in a rubbish container.
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f. Noncombustibles and certain other refuse not acceptable for
incineration includes refuse materials that are unburnable at
ordinary incinerator temperatures, eight hundred degrees Fahrenheit
to eighteen hundred degrees Fahrenheit, and certain other refuse
which for reasons for engineering and/or health considerations are
not acceptable for incineration. Examples are: tires, rocks,
sand, bricks, roofing or other building materials, metals,
mineral matter, large quantities of glass or crockery, metal
furniture, auto bodies or parts and other similar material or
refuse not usual to housekeeping or the operation of stores or
offices. (Section 19.01)
III. ADMINISTRATION
1,, Responsible Agency
a. Division of Sanitation
b. City Manager
2. Functions and Powers
a. Division of Sanitation
(1) To change the capacity of garbage in rubbish cans. (Section
19.02)
(2) To exempt eating establishments from wrapping wet garbage.
(Section 19.03)
(3) To inspect and condemn all containers. (Section 19.06)
(4) To designate exemptions to collection frequency. (Section
19.07)
(5) To give permits to owner or occupant for private removal and
disposal from his own premises. (Section 19.11)
b. City Manager
(1) To authorize persons, methods, and areas for burial of
garbage. (Section 19.08)
(2) To issue and revoke license to remove, transport or dispose
of any garbage or rubbish in the city. (Section 19.12 and
19.15)
(3) To place red tags on containers at premises where fees not
paid. (Section 19.17)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
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a. All residents, occupants, or owners must provide approved garbage
or rubbish cans. (Section 19.02)
b. Garbage and trash must be separate, and wet garbage must be drained
and wrapped. (Section 19.03)
c. Containers must be kept tightly covered except when depositing or
removing material. (Section 19.04)
d. Containers must be kept on own property and easily accessible to
collectors. (Section 19.05)
e. All containers shall be emptied at least twice a week. (Section
19.07)
f. Other waste and noncombustible refuse must be disposed of by
owner, occupant or constructor. (Section 19.18)
g. Garden trash up to one 30 gallon can or one box not to exceed 50
pounds in weight or bundle not to exceed 4 feet in length or 30
inches in diameter may be deposited with each regular collection day if
placed next to regular garbage containers. (Section 19.20)
h. All fees must be made as prerequisite to city collection service.
(Section 19.22)
2. Prohibited Activities
a. It shall be unlawful to deposit garbage in rubbish cans. (Section
19.03)
b. It shall be unlawful to put garbage or rubbish in a can in such a
manner that the lid will not fit tightly. (Section 19.04)
c. It shall be unlawful to place any rubbish or garbage in a con-
demned can. (Section 19.06)
d. It shall be unlawful to bury garbage without a permit. (Section
19.08)
e. It shall be unlawful to burn garbage without a permit. (Section
19.09)
f. It shall be unlawful to deposit any garbage or rubbish upon
premises of another, street, alley, walkway, public property,
water, canal, lake or any other like area. (Section 19.10)
g. It shall be unlawful to remove old tags on cans or premises of
those who have not paid fees.
h. It shall be unlawful to accumulate rubbish, garbage, or garbage
trash longer than 4 days without having arranged for some approved
means of disposal. (Sections 19.19 and 19.20)
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V. ENFORCEMENT
1. Requirements for Permits, etc.
a. A permit is required for private disposal, and a license is required
for a person to collect, transport, or dispose of garbage
originating in city. (Section 19.12)
b. Application must be made to City Manager who may accept or reject
without cause.
2. Inspection Procedure
a. All containers are subject to inspection by Sanitation Department
and subsequent approval or condemnation. (Section 19.06)
b. The city must inspect all occupied residences or commercial
establishment and remove all accumulated garbage or rubbish or
notify occupants that city will not remove it. (Section 19.21)
3. Liability for Violators (Section 19.15)
Revocation of license for violation of ordinance.
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SARASOTA, FLORIDA
I. NAME OF ORDINANCE
Ordinance Relating to Disposal of Refuse. Ordinance No. 1648,
15 September 1919.
II. GENERAL STATEMENT
1. Definitions
a. Refuse includes all useless, unused, unwanted or discarded materials
of solid nature such as:
(1) Food and industrial wastes includes the waste products of
canneries, slaughterhouses, packing plants, large quantities
of condemned food products, industrial waste from brick,
concrete block, roofing shingle or tile plants, debris and
wastes accumulated from land clearing, building, rebuilding
and altering of buildings, structures, roads, streets,
sidewalks, parkways, excavating by an owner or contractor
or work performed by purchase and hire of labor and materials.
(2) Garbage includes all refuse accumulations of animal, fruit
or vegetable matter that attends the preparation, use,
cooking and dealing in, or storage of, meats, fish, fowl,
fruit or vegetables, and any other matter of any nature
whatsoever which is subject to decay, putrefaction, and the
generation of noxious or offensive gases or odors, of which
during or after decay, may serve as breeding or feeding
materials for flies or other germ-carrying insects and
any bottles, cans or other containers which, due to their
ability to retain water, may serve as breeding places for
mosquitoes or other water-breeding insects.
(3) Garden trash includes all accumulations of grass or shrubbery
cuttings, and other refuse attending the care of lawns,
shrubbery, vines, trees and tree limbs and stumps.
b. Refuse container includes any container with a capacity of not less
than thirty (30) gallons made of galvanized iron or durable plastic.
Refuse containers may be of greater capacity or made of different
material where approved by the Superintendent.
c. Trash includes refuse accumulations of paper, excelsior, rags,
wooden or paper boxes or containers, sweepings and all other
accumulations of a nature other than garbage, which are usual
to housekeeping and to the operation of stores, offices and other
business places. ''Trash'' shall not include ''garden trash,''
as defined in this section. (Section 1)
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III. ADMINISTRATION
1. Responsible Agency
a. Division of Refuse Collection and Disposal (Superintendent)
(Section 1a)
b. City Manager (Section 14i)
2. Functions and Powers
a. Superintendent
(1) To approve use of special containers. (Section 8b)
(2) To designate locations for storage of refuse containers.
(Section 10b)
(3) To inspect for approval or condemnation all refuse con-
tainers. (Section 10b)
(4) To direct disposal of infectious or highly inflammable or
explosive materials. (Section 11c & d)
b. City Manager
To promulgate and enforce such rules and regulations not
inconsistent with this Ordinance. (Section 14i)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. All residents, occupants, owners of private or business buildings
shall either have their refuse disposed of by city or make
arrangements for private disposal in accordance with this
ordinance. (Sections 2 & 8)
b. All owners, operators, contractors and custodians shall remove
all food and industrial wastes, large tree stumps and spent oil
and greases.
• c. All containers shall keep clean and sanitary and in a place easily
accessible to collector. This place shall be in the alley, if
premises served by an alley; otherwise containers shall be kept
on property of owner in place designated by superintendent.
(Section 10a)
d» Condemned containers shall be immediately replaced by a new
container. (Section 10c)
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e. Sunken cans, if used, shall be so installed to be 6 inches above
grade. (Section 10e)
f. All containers shall be emptied at least twice a week or more
frequently if required or requested. (Section 11 a)
g. Infectious, inflammable and explosive materials; and human or
animal wastes shall not be placed in containers for regular
collection. (Section 11c, d, & e")
h. No receptacle for storage of refuse may exceed 30 gallons in
capacity unless it can be mechanically dumped. (Section 11f)
i. No refuse can shall exceed 50 pounds in weight.
j. All garbage shall be drained and deposited daily, with wet
garbage being wrapped before being placed in the container.
Containers shall be kept tightly covered at all times except when
depositing refuse. (Section 12b)
k. Garden trash will be collected with the refuse if it is placed
in containers or bundled or boxed in sizes and weights not exceed-
ing limits set by Superintendent and is placed at the curb.
Containers shall not exceed 30 gallons in capacity and 50 pounds
in weight. Bundles or boxes shall not exceed 36 x 24 inches
and 50 pounds in weight. (Sections 7b and 12c)
1. Usually large quantities of refuse collected upon payment of a
special fee. (Section 12d)
m. Unless special arrangements are made, no refuse will be collected
unless placed in proper containers. (Section 13)
2. Prohibited Activities
a. It shall be unlawful to permit accumulation of refuse for
longer than 4 days without having arranged for its disposal.
(Section 2)
b. It shall be unlawful to fail to provide sufficient refuse con-
tainers to contain all refuse between collections. (Section 4)
c. It shall be unlawful to remove or dispose, burn, bury or trans-
port any garbage or trash without permit. (Sections 5, 6, & 14)
d. It shall be unlawful to deposit any refuse in premises of another,
in any canal, waterway, rock pit, -f-ool or lake or in any containers
belonging to another. (Section 7)
e. It shall be unlawful to place any garbage or trash into a con-
demned container. (Section 10c)
£4 It shall be unlawful to deposit any garbage or trash which will
not permit the lid of such container to tightly fit into place.
(Section 10d)
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V. ENFORCEMENT
1. Requirements for Permits, etc.
a. Applications for permits to remove, dispose of garbage or trash
shall specify name and address of persons who are to remove it,
type of vehicle and location and manner of ultimate disposition
of garbage. (Sections 5 & 14)
b. Applications for permits to bury garbage shall describe the
approximate accumulation and the place, manner, and depth of
burial, which shall not be less than 36 inches. (Section 6b)
2. Inspection Procedure
All refuse containers shall be subject to inspection and approval
of condemnation by the Superintendent. (Section 10b)
3. Liability for Violators
Any special permit for collection or disposal of garbage or
trash may be revoked at any time for failure to comply with any
regulation or requirement. (Section 14h)
4. Administrative Proceedings
When any container is condemned, the Superintendent shall place
or attach a notice to that effect on the container. (Section
10c)
5. Penalties
Any person found guilty of violating the provisions of this
ordinance shall, upon conviction, be punished according to
City Code. (Section 16)
6. Performance Bonds
A surety bond of $10,000 is required. (Section 14f)
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GRANGEVILLE, IDAHO
I. NAME OF ORDINANCE
An Ordinance relating to Health and Sanitation, Ordinance No. 404,
June 1, 1969,
II. GENERAL STATEMENT
1. Declaration of Policy
The maintenance of Health and Sanitation require, and it is the
intention hereof to make the collection, removal and disposal of
garbage, refuse and dead animals within the City of Grangeville,
Idaho, compulsory and universal. (Section 2)
2. Definitions
a. Garbage includes all putrescible wastes, except sewage and body
waste, including waste accumulated of animal food or vegetable
matter, and waste that attends the preparation, use, cooking,
dealing in or storing meat, fish, fowl, fruit and vegetables and
all of such wastes or accumulations of vegetable matter of
residences, restaurants, hotels and places where food is prepared
for human consumption. The term ''garbage'' shall not include
recognized industrial by-products.
b. Rubbish includes refuse other than garbage (tin cans, bottles,
ashes, paper, pasteboard, cardboard or wooden boxes, brush,
leaves, weeds and cuttings from trees, lawns, shrubs and gardens
or other waste materials produced in normal course of doing
business of every day living). The term ''rubbish'' shall not
include recognized industrial by-products.
C. Refuse includes solid wastes, including garbage and rubbish.
d. Waste includes unwanted solid, liquid or gaseous materials.
(Section 4)
III. ADMINISTRATION
1. Responsible Agency
Chief of Police under whom there shall be a Sanitary Inspector.
(Section 5)
2. Functions and Powers
To issue licenses or franchises, exclusive or non-exclusive,
for the collection, removal and disposal of refuse. (Section 3)
IV. SCOPE OF LEGISLATION
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1. Standards and Legislation
a. Every owner and occupant shall use the refuse collection and
disposal system provided in this ordinance. (Section 6)
b. Every owner or occupant shall keep portable approved metal or
plastic containers for deposit of rubbish and garbage.
(1) Garbage shall be wrapped prior to deposit.
(2) Containers shall be watertight, not easily corrodible, rodent
and fly proof, and equipped with handles and a close fitting
lid.
(3) Capacity shall be between 10-32 gallons capacity.
(4) Containers shall be not less than 28 gauge galvanized metal
or the plastic equivalent.
(5) Lid shall not be removed except to place or remove garbage
or rubbish from container.
(6) Such containers shall be kept in sanitary condition and
clear of all grease and decomposing material so that no
odor will exist.
(7) All containers shall be placed in place accessible to the
collector. (Section 12)
C. Rubbish consisting of cardboard, wooden boxes and garden trash
may be deposited next to containers if bulk materials are in a
can, box, sack, or container and brush shall be tied in bundles
not more than 4 feet in length and 75 pounds in weight. (Section
14)
d. Collection of rubbish and garbage shall be at least once a week.
(Section 13)
e. For premises and businesses with large accumulations of garbage,
rubbish and garbage shall be deposited separately in suitable
containers. (Section 15)
£. Dirt and debris from construction or lawn renovation, rocks,
stones, concrete, automobile bodies and parts, dead animals,
building materials such as masonry, plaster, scrap lumber and
similar materials, are not acceptable for collection, and the
collector is not required to pick up the same. Such items shall
be collected and disposed of by the building contractor, owner or
occupant of the premises.
g. For collection, suitable covered or enclosed trucks approved by
the Inspector shall be used. (Section 20)
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h. City may require each collector to have contract to use approved
disposal site. (Section 18)
2. Prohibited Activities
a. It shall be unlawful for any person to engage in business of
collecting, transporting, hauling, or conveying any refuse over
the streets or alleys, or to dump or dispose of the same unless
and until such person is licensed"or has a contract or franchise.
(Section 8)
be It shall be unlawful to allow accumulation of garbage or refuse
so as to create a nuisance or offensive odor or rodent
harborage. (Section 9)
c. It shall be unlaswful for any person to burn, incinerate, bury,
dump, collect, remove or dispose of rubbish or garbage except as
provided.
(1) An approved interior incinerator from 7:00 a.m. to 7:00
p.m. shall be used for burning rubbish only.
(2) Exterior incinerator built of noncombustible material and
covered by 1/2 inch wire mesh screen may be used to burn
rubbish between 9:00 a.m. and 5:00 p.m.
(3) Burning of rubbish may be done on vacant lots by owner
upon obtaining a permit from Fire Department.
(4) Ashes from approved burning sites shall be placed in
suitable containers for collection, no glowing coals or
smoldering material shall be left for collection, unless
collector is notified. (Section 10)
d. It shall be unlawful for any person to deposit any waste material
on any public or private property unless authorized to do so.
(Section 11)
3. Approved Operations of Solid Waste Facilities
The City Council may designate a city disposal site. The site
shall be chosen with regard to drainage and topography. All
methods of disposal shall be approved and the inspector shall
have right to enforce rules and regulations. (Section 18)
ENFORCEMENT
1. Requirements for Permits, etc.
The Mayor and Council have the sole authority to license, con-
tract for, or otherwise provide all services and is authorized
to enter into contracts for refuse collection and disposal.
(Section 22)
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2. Inspection Procedure
City inspector shall have right to go upon any premises at any
reasonable time to inspect all places and containers where
rubbish and for trash is accumulated or kept. (Section 21)
3. Liability for Violator
a. Any failure to comply with this ordinance is sufficient reason
for revocation of license, franchise or contract. (Section 18)
b. If fees to city are not paid, the city may refuse sanitation
service. (Section 7)
4. Administrative Proceedings
All complaints and problems shall be referred initially to
Health and Sanitation Committee of City Council and any decision
may be appealed to City Council at next regular meeting.
(Section 6)
5. Penalties
Any person violating ordinance shall be guilty of a misdemeanor
and if found guilty, shall be fined by sum not exceeding $300
or imprisonment not exceeding 30 days or both. (Section 25)
6. Performance Bonds
The City Council may require a bond in a reasonable amount.
(Section 22)
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IDAHO FALLS, IDAHO
I. NAME OF ORDINANCE
Chapter 5, Garbage, Idaho Palls Code, 10 December 1962 as amended
through Ordinance No. 1176, 4 January 1967.
II. GENERAL STATEMENT
1. Declaration of Policy
It is necessary for the preservation of health, safety, sanita-
• tion, peace and public welfare that proper and adequate regula-
tions be adopted to require property owners, tenants, occupants,
or lessees to secure containers and receptables of sufficient
kind and size in which to deposit waste, refuse, trash, garbage
and rubbish for collection and removal at regular intervals.
(Section 8-5-1)
2. Definitions
a. Refuse includes garbage and trash as defined in this section.
b. Garbage includes wastes resulting from the handling, preparation,
cooking and consumption of food, and wastes from the handling
and storage of produce.
c» Ashes and clinkers includes residue from fire used for cooking,
heating or burning of trash, after combustion has entirely
ceased and the residue has entirely cooled.
d. Trash includes wastes other than garbage, such as tin cans,
bottles, dust, ashes, clinkers, paper, pasteboard, cardboard, or
wooden boxes, lumber scraps and shavings, leaves, weeds, cuttings
from trees, lawns, shrubs and gardens, other similar waste
materials produced in normal course of every day living. The term
''trash'' shall not include recognized construction wastes,
industrial wastes or by-products, carcasses of dead animals,
appliances, furniture, automobile parts and bodies, and other
similar items.
e. Collector includes any person holding a license or contract with
the city, or employed and thereby authorized and designated by
the City to collect, handle, transport and dispose of refuse.
f. Approved containers includes those containers which have been
approved by the Inspector as to type and make. They shall be
constructed of galvanized metal or other material which is
strong, not easily corrodible, rodent, fly and dog proof, with
two handles, a capacity of not more than 32 gallons, and have
a tight fitti* lid or cover. (Section 8-5-3)
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III. ADMINISTRATION
1. Responsible Agency
The Mayor and the City Council.
2. Functions and Powers
a. To license, contract or perform all services pertaining to
collection and disposal of refuse.
b. To establish reasonable fees for refuse collection and disposal
services.
c. To enter into contracts with one or more contractors.
d. To establish reasonable rules and regulations governing the
conduct and operation of such licensees or contractors.
(Section 8-5-17)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. Every person shall use the refuse collection and disposal
system. (Section 8-5-4)
b. No person shall deposit refuse on or below the surface of the
ground other than in a manner prescribed herein. (Section8-5-5)
c. Refuse vehicles shall be so equipped and operated as to prevent
refuse from being blown, dropped or spilled therefrom and
offensive odors escaping therefrom. (Section 8-5-6)
d. Every person shall provide and maintain approved containers of
sufficient number and size to hold all refuse accumulating on the
premises. (Section 8-5-7)
e. All refuse that is mixed with water or other liquids shall be
drained and wrapped in paper before being placed in the con-
tainer. Thirty-two gallon containers when filled shall not
weigh more than 75 pounds. The lid or cover of every refuse
container shall be kept securely in place at all times.
(Section 8-5-8)
f. Grass, leaves, weeds, clippings from trees and shrubs, may be
placed in cardboard cartons, hushel baskets or wooden boxes .
(Section 8-5-9)
g. The burning of refuse, other than that prohibited in this section,
shall be permitted between the hours of 9:00 a.m. and 4:00 p.m.
only. Approved incinerators may be used to burn trash. (Section
8-5-11)
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h. Refuse shall be collected at least once each week. (Section
8-5-12)
i. The disposal of all refuse collected shall be in the City
Sanitary Landfill and under the supervision of the Inspector.
(Section 8-5-19)
2. Prohibited Activities
a. It shall be unlawful to accumulate any refuse upon any street so
as to cause a public nuisance or a menace to public health.
(Section 8-5-5)
b. It shall be unlawful to burn any garbage, or carcasses of dead
animals or dead fowls, or any other refuse. (Section 8-5-11)
c. It shall be unlawful to burn grass or weeds off any lot without
first receiving permission from the Fire Department. (Section
8-5-11)
d. It shall be unlawful to meddle with refuse containers. (Section
8-5-14)
e. It shall be unlawful to salvage except under the authority and
direction of the Mayor and Council. (Section 8-5-15)
f. It shall be unlawful to fail to appear in response to and as
required by the citation. (Section 8-5-23)
ENFORCEMENT
1. Requirements for Permits
Ajjy person desiring a franchise for the collection and disposal
of refuse shall make application to the City Council. Any
franchise so granted shall be subject to the terms and conditions
of the City Charter and this Chapter. (Section 8-5-16)
2. Infection Procedure
»A11 appropriate officers of the City shall have the right of
ingress -*r egress to any premises for the purpose of inspecting
all places,and containers where refuse is kept. (Section 8-5-18)
3. Liability for Violators
Persons who are given a written citation for violation of any
provision of this Chapter shall appear in Police Court within
5 days after such citation is issued. (Section 8-5-22)
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MOSCOW, IDAHO
I. NAME OF ORDINANCE
An Ordinance Regulating and Controlling the Storage, Collection,
Transportation and Disposal of Refuse, Ordinance No. 1112, August
15, 1966.
II. GENERAL STATEMENT
1. Definitions
a. Garbage - includes all putrescible waste, except sewage and body
wastes, including waste accumulated of animal, food or
vegetable matter, and including waste that attends the pre-
paration, use, cooking, dealing in or storing of meat, fish,
fowl, fruit and vegetables, and cans, boxes, cartons, papers
or other objects which have food or other organic materials
of any nature in or adhering thereto, and includes all of
such wastes or accumulations of vegetable matter of residences,
restaurants, hotels and places where food is prepared for
human consumption.
b* Rubbish - includes refuse other than garbage (tin cans, bottles,
ashes, paper, pasteboard, cardboard or wooden boxes, brush,
leaves, weeds and cuttings from trees, lawns, shrubs and
gardens or other waste materials accumulated in the normal
course of everyday living).
c. Refuse - includes solid wastes, including garbage and rubbish.
d. Garbage Can - includes a standard tapered garbage can regularly
sold in hardware stores as ''garbage cans'" and may be of
various metals having a tight fitting lid, rodent proof and
in no event weighs more than seventy-five pounds gross
loaded weight, and does not exceed thirty gallons in capacity.
e. Owner or Occupant - includes every person in possession, charge
or in control of any dwelling, flat, rooming house or any
eating place, shop, place of business, manufacturing or
business establishment where garbage or other refuse is
created or accumulated.
f. Collector - includes the City of Moscow or any person, as defined
in this Ordinance, employed by or holding a contract with
the City to collect, handle, transport and dispose of refuse.
(Section 1)
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III. ADMINISTRATION
1. Responsible Agency
The responsible person, appointed by the City Council, shall
work tinder the direction of the City Council and in cooperation
- with the City Health Officer or his representative. (Section 2)
2. Functions and powers of the Mayor and the Council.
a. To license, contract or perform all services pertaining to
sanitary collection and disposal.
b« To establish reasonable fees for licenses.
c. To establish reasonable rules and regulations. (Section 13)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. Every person must use the refuse collection and disposal
system. (Section 4)
b. Every person must keep all garbage and rubbish in garbage cans or
other approved type of container. All garbage must be wrapped in
paper. All containers must be watertight and not easily corrod-
ible, must be rodent and flyproof, and must be equipped with
handles and a close-fitting lid. Such containers shall be not
less than five gallons capacity, nor more than 30 gallons capacity,
and shall be limited to 75 pounds. Such containers must be kept
in sanitary conditions. (Section 7)
c. All garbage and rubbish must be removed from private residences
at least once a week. Business establishments must receive
service daily except Sundays and holidays. (Section 8)
d. Bulk materials, such as leaves, shall be in a can, box or sack
for ease of loading, and brush and similar material shall be
tied in bundles not to exceed four feet in length. (Section 9)
e. Refuse must be enclosed to prevent scattering or blowing or loss
of the refuse being transported. (Section 10)
f. The City Council may designate the City disposal site. The
location of the site shall be chosen with regard to drainage and
topography for the operation of sanitary landfill. The method of
earth fill and amount and depth of layers of earth and regulations
for control of vermin shall be prescribed by the City. (Section 11)
g. Bulk and dangerous materials are not acceptable for regular
collection. (Section 14)
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h. Hours for collection shall be between 7:00 a.m. and 9:00 p.m.
for the residential area and between 5:00 a.m. and 9:00 p.m. for
business zone. (Section 15)
2. Prohibited Activities
a. It shall be unlawful to accumulate refuse on any premise.
(Section 5)
b. It shall be unlawful to burn, incinerate, bury or dump garbage.
No person shall litter any rubbish or garbage in or on any
street. (Section 6)
c. It shall be unlawful to maintain any bonfire or rubbish fire
without a proper authorization. (Section 6A and 6B)
V. ENFORCEMENT
1. Requirements for Permits
a. Refuse collectors shall have licenses. (Section 3)
b. A permit is required to maintain any bonfire or rubbish fire.
(Section 6A)
2. Inspection Procedure
a. The inspector has the authority of a police officer to enforce
all ordinances governing the City disposal site. (Section 11)
b. No person shall deny the inspector the right of ingress or egress
to any premises for the purpose of inspection. (Section 12)
3. Administrative Proceedings
Collection fee and rate changes wilt be established after first
having published a notice of the hearing ten days prior to such
hearing. (Section 16)
4. Penalties
Any person who violates the provisions of this Ordinance shall be
guilty of a misdemeanor, and upon conviction thereof shall be fined
in any amount not exceeding $100.00 or by imprisonment not exceeding
30 days, or by both. (Section 20)
So Perfortaan-.e Bond
The City Council may require any collector or contractor a bond in a
reasonable amount, the condition of which shall be the satisfactory
performance of the contract. (Section 13)
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MOLINE, ILLINOIS
I. NAME OF ORDINANCE
"Garbage, Refuse and Scavengers1' Chapter 21 of Revised Ordinances of
the City of Molina, Illinois, February 28, 1962.
-II. GENERAL STATEMENT
Definitions
a. Garbage includes animal, vegetable or mineral waste products
resulting from the handling, storage, preparation, cooking or
consumption of food or any matter that may decompose and become
offensive or dangerous to health, including but not limited to
body waste of household pets.
b. Refuse includes ashes, miscellaneous rubbish and commercial rub-
bish and garbage.
c. Miscellaneous rubbish includes material or substance discarded
as worthless, such as paper, rags, cardboard, wearing apparel,
excelsior, sticks, chips, leaves, straw, bottles, glass, crockery,
metals, plastics, tin cans and other discarded household articles.
d. Commercial rubbish includes trade wastes such as packing, paper,
cardboard, excelsior, straw, crates, boxes, acids, oils, chemicals,
grease, tires, vehicle and aircraft parts, discarded merchandise,
glass ,plastic ,inetals, crockery ashes, cinders, garbage and other
waste products or materials including construction waste, such
as earth, plaster, metals, wood, plastics, tile, brick, concrete,
terra cotta, slate, marble and minerals.
e. Class A Scavenger includes any person or firm engaged in the
collection, removal, transportation and disposal of the contents
of any vault, tank or container, whether above or below grade,
which consists of garbage.
f. Class B Scavenger includes any person or firm engaged in the
collection, removal, transportation or disposal of refuse.
(Section 21.01)
III. ADMINISTRATION
1. Responsible Agency
a. Sanitation Officer
b. Sanitation Foreman
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2. Functions and Powers
ac Sanitation Officer
(1) To administer and supervise garbage and refuse collection
arid disposal.
(2) To employ such people as the Mayor and Council deem necessary.
(3) To submit monthly report. (Section 21.02)
b* Sanitation Foreman
(1) To assist Sanitation Officer in supervision of garbage and
refuse collection and disposal.
(2) To direct personnel.
(3) To investigate complaints.
(4) To inspect unfit containers. (Section 21.03)
IV. SCOPE OF LEGISLATION
1., Standards and Regulations
a. Storage
(1) Occupant or owner of building where garbage is created shall
provide and maintain in good repair a sufficient number of
containers. Said containers shall be metal, have tight
covers, be watertight, have suitable handles and be between
8-20 gallons. (Section 21.05a)
(2) In an apartment or tenement, owner or occupant shall provide
at least one container for each 2 persons residing in the
building. (Section 21.05)
(3) Ashes may be placed in metal containers with capacity not to
exceed 20 gallons or 2% cubic feet. Miscellaneous rubbish
shall be placed in suitable containers not exceeding 100
pounds when full. Large discarded household articles shall
not exceed 10 cubic feet in content and not weigh more than
100 pounds. (Section 21.05b)
(4) In apartment buildings one or 1^ cubic yard metal container
equipped for mechanical dumping may be used in place of
eight 20 gallon containers. (Section 21.05c)
(5) Containers shall be placed at collection point by occupant
or owner of premise. (Section 21.06)
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(6) Containers shall be cleaned at least twice a year.
(Section 21.07)
(7) Garbage must be wrapped and placed in disposable containers.
(Section 21.04)
b. Disposal
(1) Commercial rubbish shall be "disposed of at the expense of
the occupant or owner by him or by a licensed class B
scavenger. (Section 21.12)
(2) Miscellaneous rubbish shall be collected as provided for in
this ordinance if placed in suitable containers. (Section
21.13)
(3) The municipal disposal area is the area designated by the
City Council and approved by Board of Health. (Section 21.1^)
(4) Garbage, refuse, miscellaneous refuse or commercial refuse
may not be dumped within the city limits except with express
permission from the City Council. If permission granted, such
dumping must be according the rules and regulations of the
Board of Health. Such permission may be withdrawn at any time
upon 24 hours written notice. (Section 21.19)
c. Standards for Class B Scavengers (Section 21.20)
(1) All equipment used for collection must be of the packer type
or other approved design.
(2) All ordinances and laws which are applicable must be
complied with.
2. Prohibited Activities
a. It shall be unlawful to place out for collection garbage, ashes or
miscellaneous rubbish unless properly prepared. These materials
must be kept in proper containers and no person shall disturb the
container contents. (Section 21.04)
b. It shall be unlawful to place in refuse or garbage containers any
infected or contagious refuse. All such refuse shall be burned
on premises and the ashes placed in suitable containers. If
burning is impossible, the Sanitation officer shall supervise the
collection of said refuse. (Section 21.08)
c. It shall be unlawful to place inflammable or explosive materials
in containers used for garbage or refuse. (Section 21.09)
d. It shall be unlawful to convey garbage or refuse that is putrid,
offensive in odor or constitutes a health .hazard, except in a
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tightly closed container or especially constructed container
approved by the Board of Health. (Section 21.11)
V. ENFORCEMENT
1. Requirements for Permits
Application must be made to the city clerk and a license must be
obtained for each vehicle used. (Section 21.14)
2. Administrative Proceedings
a. Whenever a licensee has not complied with a section of this
ordinance, the health authority may give a written notice to comply
within a period not to exceed 30 days. If corrections are not
made,, the license may be suspended. The licensee may request a
hearing within 3 days after receipt of the notice.
b. The Board of Health shall call a hearing for serious and/or
repeated violations.
c. Hearings shall be conducted by the Board of Health at a time
designated by the Chairman. They shall sustain, modify or rescind
any official notice or order under consideration and furnish a
written report to the license holder. (Section 21.21)
3. Penalties
A fine of $5 - 100 with each day of violation constituting
separate and distinct offense. (Section 21.18)
4. Performance Bonds
$50. (Section 21.14)
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RICHMOND, INDIANA
I. NAME OF ORDINANCE
Garbage and Rubbish Control Ordinance, Ordinance No. 2432-1969,
effective May 1, 1970.
H. GENERAL STATEMENT
1. Declaration of Policy.
This ordinance is designed to control solid waste material in the
City of Richmond, Indiana, by providing for the establishment
and enforcement of rules and regulations, providing for permits
for private operators, establishing limitations and prohibiting
certain acts causing solid waste disposal problems, and providing
for fines for violation of the provisions of this ordinance.
(Section 1.2)
2. Definitions
a. Bulky Items includes any refuse which because of its size, shape
or weight cannot be handled by normal disposal methods.
b. Construction Refuse includes all refuse resulting from the
construction, alteration or repair of any building, structure,
roadway, sidewalk, etc.
c. Garbage includes those putrescible wastes resulting from the
growing, handling, storage, preparation, cooking, and consumption
of food.
d. Industrial Refuse includes solid refuse resulting from any
manufacturing process.
e. Open Burning includes any fire from which the products of com-
bustion are emitted directly into the outdoor atmosphere without
passing through a stack.
f. Refuse includes all putrescible and non-putrescible solid wastes,
with the exception of body wastes, and includes garbage, rubbish,
ashes, street sweepings, dead animals, and industrial and
construction wastes.
g. Rubbish includes all non-putrescible wastes including all com-
bustible wastes including non-combustible substances. (Section
1.3)
III. ADMINISTRATION
1. Responsible Agency
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Board of Sanitary Commissioners, headed by the Superintendent
of the City Sanitary District.
2. Functions and Powers
a* To administer and enforce this ordinance,
(1) Receive and institute complaints.
(2) Institute enforcement actions.
(3) Prepare and execute public relations program. (Section
2.1B)
b. To collect and dispose of all garbage and rubbish within the
City. (Section 2.1C)
c. To issue private operators permits. (Section 3.1)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. Storage
(1) All containers and the manner of preparation of garbage
trash shall be approved by the Board of Sanitary Commas -
sioners and adopted by regulation. (Section 4.1A)
(2) Containers shall be located at a readily accessible place
for removal. Where collection is from street, containers
shall be placed adjacent to the street in a neat, orderly
and sanitary manner. (Section 4.1B)
b. Collection
(1) Garbage shall be collected at least once a week, (Section
4.2A)
(2) Types and locations of businesses and industries to be
provided with collection service shall be at the direction
of the superintendent with the approval of the Board.
(Section 4.2B)
(3) Construction and industrial refuse shall not be collected.
(Section 4.1C)
(4) Bulky items will only be collected by prior arrangement.
(Section 4.2C)
(5) No explosive material shall be placed in any container.
(Section 4.3C)
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c» Disposal
(1) There shall be no burning without a permit from the
Sanitary Commission. (Section 5A)
(2) All disposal of garbage shall be by an approved method
of incineration, garbage grinding, or sanitary landfill.
(Section 5B)
2. Prohibited Activities
a. It shall be unlawful to accumulate garbage and rubbish. (Section
5.1)
b. It shall be unlawful to deposit any garbage or rubbish in any
place unless enclosed in an approved container. (Section 5.2A)
c. It shall be unlawful to burn any refuse without a permit.
(Section 5.3C)
V. ENFORCEMENT
1, Requirements for Permits
a. A private operator permit is required to collect, transport,
or dispose of garbage or rubbish. (Section 2.1D)
b. Application shall be made to Board of Sanitary Commissioners
which shall cause an inspection to be made prior to issuing
certificate of approval. (Section 3.2)
c. Permits shall not be transferable. (Section 3.3B)
d. The fee shall be $30.00 per truck per year beginning as of
January 1. (Section 3.3A)
2. Penalties
Any person who violates any of the provisions of this ordinance
shall be guilty of a misdemeanor, and upon conviction thereof,
shall pay a fine of not more than $300.00. For the second and
- each subsequent offense the fine shall not exceed $300.00 to
which may be added imprisonment not to exceed 90 days. (Section
6.1)
3. Insurance
Before issuance of any permit, the applicant shall first furnish
a certificate of insurance. The insurance policy shall provide
coverage in the amount of $15,000 for one person,'$30,000 for
two or more persons, and $30,000 for property damage. (Section
3.2)
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BETTENDORF, IOWA
I. NAME OF ORDINANCE
Ordinance No. 41-68, enacting new Chapter 8 of Bettendorf Municipal
Code January 1, 1969. As amended by Ordinance Nos. 1-69 and 18-69.
II. GENERAL STATEMENT
Definitions (Section 8.01)
a. Refuse includes all solid wastes,
b. Garbage Includes all putrescible animal or vegetable wastes
resulting from handling, preparation, cooking and consumption of
food in any private dwelling house, multiple dwelling, hotel
restaurant, building or institution.
c. Rubbish includes all cardboard, plastic, metal or glass containers,
waste paper, rags, sweepings, small pieces of wood, excelsior,
rubber, leather, leaves, lawn cuttings;, tree trimmings and hedge
trimmings not over five (5) inches in diameter nor over four (4)
feet in length, tree roots or stumps small enough to be contained
in a bushel basket, articles not more than eight (8) feet in
length nor more than fifty (50) pounds in weight, and small
rocks and similar waste materials that ordinarily accumulate
around a home, business or industry. It shall not include garbage,
ashes, hulk refuse, dead animals,hazardous refuse, industrial
waste or building waste.
d. Mixed refuse includes garbage and rubbish,placed and stored together.
e. Ashes includes residue of the combustion of solid fuels.
f. Bulk refuse includes articles more than eight (8) feet in length
or more than fifty (50) pounds in weight, tree trimmings and hedge
trimmings over five (5) inches in diameter or over four (4) feet
in length, and tree roots or stumps larger than can be contained
in a bushel basket.
g. Hazardous refuse includes any refuse which would in handling
constitute a danger to city employees or to city property.
h. Household waste includes garbage, rubbish, mixed refuse and cool
ashes originating in and around private dwellings, multiple
dwellings, living quarters or dining facilities located in schools,
colleges or universities.
i. Institutional waste includes garbage, rubbish, mixed refuse and
cool ashes originating in and around tax exempt hospitals and
public, charitable, philanthropic or religious institutions
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conducted for the benefit of the public or a recognized section
of the public. Institutions not covered by the foregoing defini-
tion shall be considered commercial establishments.
j. Commercial waste includes garbage, rubbish, mixed refuse and cool
ashes originating in and around commercial establishments,
Industrial establishments, hotels, restaurants, cafeterias, grocery
stores and non-public institutions.
k. Industrial waste includes any and all residue resulting directly
from industrial or manufacturing operations, it shall not include
waste originating from commercial operations of an industrial
establishment, nor shall it include waste resulting from the
commercial operations of persons, firms or corporations engaged in
the construction of buildings, the repairs of streets or buildings,
demolition or excavation. Residue or waste resulting from tree
or landscaping services shall also be excluded.
1. Building waste includes any and all refuse or residue resulting
directly from building construction, reconstruction, repair or
demolition; from grading, shrubbing, or other incidental work
in connection with any premises; or from replacement of building
equipment or appliances.
m. Building debris includes any refuse or residue resulting from
minor non-commercial repairs to a private dwelling made by the
owner or occupant thereof himself.
n. Licensed waste collector includes any person, firm or corporation
who has obtained a license as specified herein from the City of
Bettendorf to collect or transport, for a consideration, bulk
refuse, household waste, commercial waste, industrial waste,
building waste or building debris, regardless of the place of
origin, over the streets of the city.
o. Private waste collector includes any person, firm or corporation
who collects bulk refuse, household waste, building waste or
building debris from premises owned or occupied by him within the
corporation limits of the City of Bettendorf and transports said
wastes over the streets of the city.
p. City waste collectors includes persons or firms employed by the
City of Bettendorf from time to time to collect and dispose of
household waste, institutional waste, commercial waste or building
debris from within the confines of the. city.
III. ADMINISTRATION
1. Responsible Agency
Director of Department of Public Works. (Section 8.02)
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2. Functions and Powers
a. To collect, transport, and dispose of all refuse and to adopt
reasonable regulations to carry out the intent of the ordinance.
(Sections 8.02 and 8.09)
b. To notify owners of non-conforming containers. (Section 8.06c)
- -c. To investigate license applicants^ (Section 8.07b)
d. To approve or disapprove of license applications. (Section 8.07c)
IV. SCOPE OF LEGISLATION
1. Standards of Regulations
a. General
(1) Every owner, tenant, or other person, firm or corporation
producing or responsible for refuse shall provide sufficient
containers or other storage facilities to contain the accumu-
lation. These containers shall be stored on private property
except on collection day, (Sections 8.05, 8.06 and 8.07j)
(2) No garbage, mixed refuse, or dead animals shall be retained
more than 7 days on any premises except at a public disposal
site. No rubbish, ashes, bulk refuse, building waste or
building debris shall be retained for more than 15 days on
any premises except on public disposal site. (Section 8.05)
(3) Collection may be made by City Waste Collectors, licensed
waste collectors or private waste collectors. Private
collectors may only collect their own refuse. (Sections
8.06, 8.07 and 8.08)
(4) Collections shall be made at least once a week for garbage
and mixed refuse. All other household waste, institutional
waste, commercial waste, and building debris shall be collected
when such refuse is prepared and stored properly. (Sections
8.06 and 8.07k)
b. City Collection
(1) Garbage, rubbish, coal ashes and building debris shall be
separated and stored in separate containers except that
garbage and rubbish may be combined in a container as mixed
refuse.
(a) Garbage shall be drained and wrapped when placed in
containers.
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(b) All containers included in rubbish shall be dry. All
paper scraps, letters, sweepings, etc. shall be dry and
secured in small packages. Newspapers, magazines, books,
etc. shall be securely tied in bundles not to exceed
20 in. x 20 in. x 26 in. Tree trimmings and hedge
trimmings defined as rubbish shall be tightly tied in
bundles with maximum diameter of 2 feet and maximum
weight of 50 pounds.
(c) Ashes shall be cool and dry when placed in containers.
(Section 8.06b)
(2) There shall be sufficient containers that conform to follow-
ing specifications:
(a) Garbage containers, mixed refuse containers, and ash
containers shall be portable, sanitary, water tight, and
have close fitting covers and adequate handles. They
must be easily handled by one man, with maximum capacity
of 32 gallons and maximum full weight of 50 pounds.
(b) Rubbish containers, and building debris containers shall
be identical to garbage containers except that con-
tainers for leaves, tree trimmings and other similar
materials may be placed in bags which do not exceed
50 pounds in weight. Small rocks and other similar
materials may be placed in metal containers with handles
if weight does not exceed 50 pounds. (Section 8.06c)
(3) Where property abuts a public alley, refuse shall, on col-
lection day, be placed in plain view adjacent to the alley.
If the property does not abut a public alley, refuse shall
be placed in plain view at the curb line or on the shoulder
of a public street. Collectors shall not enter houses,
enclosed porches, garages or similar enclosures to make
collections. Where private road or access way has all
weather surface and can accommodate collection vehicle,
collection will be made if 2 or more dwelling units are upon
said road or access way, (Section 8.06d)
Private Collection
(1) Each licensed collector shall maintain an adequate and prompt
pick-up service to service all complaints or missed service
and/or improper handling. (Section 8.07L)
(2) Vehicles used by licensed collector shall be kept in a sani-
tary condition and constructed so that no leakage or spillage
occurs when vehicle is collecting or transporting refuse.
Vehicles for garbage or mixed refuse shall be packer type
or other approved type vehicles. Vehicles for rubbish,
debris and similar materials shall have a top or canvas
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cover to prevent scattering of materials. (Section 8.07i)
2. Prohibited Activities
a. It shall be unlawful to deposit any refuse on any premises,
vacant property, street, alley or in or about any body of water.
This shall not apply to public disposal sites. (Section 8.03)
-b. It shall be unlawful for any one except licensed, private, or city
waste collectors to collect or transport refuse, and it is unlawful
for anyone to permit collectors other than these to collect refuse.
(Section 8.04)
c. It shall be unlawful for anyone to collect refuse except from
property owned or occupied by him without obtaining a license.
This does not apply to city waste collectors. (Section 8.07)
3. Approved Operations of Solid Waste Facilities.
a. Acceptable refuse may be deposited at a sanitary landfill site.
b. Sites are under control of Director of Public Works who make any
necessary rules and regulations.
c. Garbage, rubbish, mixed refuse, ashes and building debris may be
disposed of at a landfill. Other refuse may be disposed of at a
landfill only upon approval of Director of Public Works.
d. There shall be no burning or salvaging at the landfill site with-
out permission of the Director of Public Works. (Section 8.09)
V. ADMINISTRATION
1. Requirements for Permits, Licenses, etc.
Application shall be made to city clerk who forwards it to Director.
The director shall make inspection and recommend approval or dis-
approval. If the license is issued, it expires on December 31 of
year of issue. License shall be renewed from year to year by
proper application. (Section 8.07)
2. Inspection Procedure
' After receipt of application, the director shall inspect appli-
cant's equipment proposed to be used, methods of operations,
pick-up service to be maintained and affidavit or insurance.
(Section 8.04)
3. Liability for Violators
License may be revoked after notice to licensee. (Section 8.07)
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4. Administrative Proceedings
a. Nonconforming containers
Any nonconfonning container on city collection route shall be
promptly replaced upon receipt of notice to that effect from
the director. If container not replaced within 10 days after
service of notice, said container shall be considered rubbish
-—and shall be collected by the Department. (Section 8.06c)
b. Disapproved license applications
(1) If the Director disapproves the application, he shall notify
the applicant of deficiencies and give 30 days for correction
and if they are corrected, the license shall be granted.
(2) Upon final disapproval, the application fee shall be for-
feited. The applicant may appeal the denial to the City
Council within 30 days from notice of denial. The City
Council may issue the license after review of application
and review of director's disapproval. (Section 8.07)
5. Penalties
Any person, firm, or corporation who violates this ordinance shall
be guilty of a misdemeanor and punishable as such. (Section 8.10)
6. Insurance
a. The insurance policy shall provide Bodily Injury Liability in the
amounts of $250,000 per person, and $500,000 per accident.
b. The insurance policy shall provide for property damage in the
amount of $100,000 per accident. (Section 8.07)
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DUBUQUE, IOWA
I. NAME OF ORDINANCES
Ordinance for the collection of Garbage and Refuse and restricting the
private collection thereof (Ordinance No. 3-68, cited as 3-Sec )
and" Ordinance for the Disposal of Garbage- and Refuse and the Licens-
ing and Regulation of Private Landfill Operations (Ordinance No. 4-68,
cited as 4-Sec ), February 12, 1968.
II. GENERAL STATEMENT
Definitions
a. Garbage includes refuse from food incidental to its preparation or
use for human consumption.
b. Refuse includes all solid waste except construction materials.
(3-Sec. 1 and 4-Sec. 1)
III. ADMINISTRATION
1. Responsible Agency
City Manager (3-Sec. 2 and 4-Sec. 2)
2. Functions and Powers
a. To employ necessary personnel and equipment. (3-Sec. 2 and 4-Sec.
2)
b. To change and amend collection schedules as necessary. (3-Sec.
2b)
c. To exclude certain materials from landfill.
d. To issue licenses. (3-Sec. 7 and 4-Sec. 6)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. Collection
(1) Collections to be made not more than twice weekly. (3-Sec.
2a) «
(2) Quantity shall not exceed 120 gallons per week. (3-Sec.
2e)
(3) Garbage or refuse shall be hauled i'n enclosed, watertight
vehicles. (3-Sec. 8)
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(4) Containers shall be between 9 and 31 gallons and weigh not
more than 65 pounds. They shall be watertight and be fitted
with a tight fitting cover and handle. (3-Sec. 3)
b. Storage
(1) When collections made from alley, containers to be placed at
property line abutting alley^. (3-Sec. 2c)
(2) When collections made from street, containers to be placed
at curb. (3-Sec. 2d)
(3) Refuse shall be placed in suitable containers. Bundles and
boxes may be no longer than 20 x 20 x 36 inches and tree
limbs may be tied in bundles no longer than 48 inches in
length and 18 inches in diameter. (3-Sec. 3)
(4) All garbage refuse which may attract flies, rodents or dogs
shall be drained, wrapped and placed in covered containers.
(3-Sec. 7)
2. Prohibited Activities
a. It shall be unlawful to permit accumulation of garbage that is a
health or sanitation hazard in opinion of health officer.
(3-Sec. 5)
b. It shall be unlawful to permit accumulation of any refuse trash
or papers within or close to any building unless stored in
containers. (3-Sec. 6)
c. It shall be unlawful to haul garbage or refuse unless in approved
containers securely fastened or in enclosed vehicle which is
watertight and able to prevent spillage. (3-Sec. 8)
d. It shall be unlawful to deposit or offer for collection hazardous
materials. (3-Sec. 10)
e. It shall be unlawful to litter on the streets, sidewalks, public
or private property. (3-Sec. 11)
f. It shall be unlawful to permanently dispose of garbage or refuse
unless such land has been designated a public landfill site.
(4-Sec. 3)
g= It shall be unlawful to charge or request a fee for disposal at a
private licensed landfill site since payment of general collection
fee by private collection covers disposal. (4-Sec. 8)
h. It shall be unlawful to sell or install any device to burn garbage
or refuse until a license has been obtained except when device is
to be operated by the city. (4-Sec. 9)
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i. It shall be unlawful to operate or permit the operation of an
incinerator except where licensed or operated by city. (A-Sec.
10)
j. It shall be unlawful to introduce any material in a sewer except
through sanitary convenience or a screening process. (4-Sec. 11)
k. It shall be unlawful to use public landfill without paying fees.
(4-Sec. 12)
3. Approved Operations of Solid Waste Facilities.
a. Disposal sites shall be open to public on designated days and
hours. (4-Sec. 2c)
b. Garbage and refuse at landfill shall be covered daily. (4-Sec.
2d)
c. Rodents and insects shall be controlled. (4-Sec. 2d)
d. The disposal area shall be maintained litter-free. (4-Sec. 2d)
e. Burning shall be prohibited except in special circumstances.
(4-Sec. 2d)
f. Bulky, hazardous and burning material may not be deposited at the
landfill without special permission. (4-Sec. 5)
V. ENFORCEMENT
1. Requirements for Permits
a. No person, firm or corporation shall engage in the business of
removing or hauling garbage or rubbish or the business of
operating a sanitary landfill without a license from City Manager.
Applications shall include details of proposed operation.
b. Fees are $5.00 per year per vehicle for collection and $100 per
year per landfill. (3-Sec. 7 and 4-Sec. 6)
2. Administrative Proceedings
a. If a landfill operation is found detrimental to health and wel-
fare of public or contrary to this ordinance, the operator shall
be notified in writing and given reasonable time for corrections.
b. If uncorrected, the City, in addition to other available means,
may correct or hire personnel to correct the deficiencies with
all expenses incurred charged to the operator. (4-Sec. 7)
3. Penalties (3-Sec. 15 and 4-Sec. 15)
Any violation is a misdemeanor and punishable by a fine of not more
than $100 or imprisonment for more than 30 days. (3-Sec. 15 and
4-Sec. 15)
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KANSAS CITY, KANSAS
I. NAME OF ORDINANCE
Kansas City Code; Chapter 18, Garbage and Trash, Kansas City Code
June 3, 1954 and amended August 19, 1969.
II. GENERAL STATEMENT
1. Declaration of Policy
The Code is concerned with the collection, storage, and disposal
of garbage and trash in the city.
2. Definitions
a. Garbage includes waste from the preparation, cooking and con-
sumption of food, market refuse, and waste from the handling,
storage and sale of produce.
b. Trash includes the following:
(1) Combustible: paper, cartons, boxes, barrels, wood and
excelsior, yard trimmings, wood furniture, bedding.
(2) Noncombustible: metals, tin cans, metal furniture, dirt,
small quantities of rock, brick and pieces of concrete;
glass, crockery, other mineral refuse.
(3) Ashes: residue from fires used for cooking and for heating
buildings,
(4) Street rubbish: street sweepings, dirt, leaves, catch-
basin dirt, contents of litter receptacles.
(5) Exceptions: earth and wastes from building operations or
solid wastes resulting from industrial processes and manu-
facturing operations. (Section 18-1)
III. ADMINISTRATION
1. Responsible Agency
a. Health Department (Section 18-2)
b. Joint City - County Health Department. (Section 18-67)
2. Functions and Powers
a. Health Department
(1) To control the storage, collection, and disposal of garbage
and trash.
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(2) To provide a public garbage and trash collection and disposal
service from the premises within the city.
(3) To approve and regulate the establishment, maintenance, and
operation of private garbage and trash collection systems
and garbage and trash disposal methods and sites. (Section
18-2)
b. Joint City - County Health Department.
Enforce provisions of ordinance regulation solid waste
disposal sites. (Section 18-67)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. Storage
(1) All garbage cans shall be of galvanized or other rust-
resistant metal with tight-fitting covers and strong handles
on the outside and shall be water-tight. (Section 18-3(1))
(2) Trash, other than ashes, shall be stored in durable, rust-
resisting, nonabsorbent, water-tight containers. (Section
18-4:2)
(3) Ashes shall be stored in fire-resistant, durable, non-
absorbent, water-tight containers with close-fitting
covers. (Section 18-4:2)
b. Collection
(1) Household garbage and trash shall be collected by the city
garbage collector. Commercial, business and industrial
garbage and trash shall be collected by a private collector.
(Section 18-5)
(2) All vehicles used for the collection and removal of garbage
shall be kept in a clean and sanitary condition. (Section
18-7)
c. Disposal
(1) The Commissioner of finance, health and public property
shall designate a place at which trash and garbage may be
dumped and disposed of. (Section 18-9)
(2) There shall be an attendant at all public dumps at all times
when the dumps are open. (Section 18-12)
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2. Prohibited Activities
a. It shall be unlawful to deposit in a garbage can any waste paper,
trash, tin cans, rubbish or any refuse other than garbage.
(Section 18-3:2)
b. It shall be unlawful to permit trash to accumulate on any premises
—except in approved containers. (Section 18-4:3)
c. It shall be unlawful to dump any garbage upon any public dump.
(Section 18-10)
-d. It shall be unlawful to deposit any waste material upon any
street, except in a disposal unit.
e. It shall be unlawful to attempt to burn garbage, noncombustible
rubbish or trash, which will not burn at incinerator temperatures
of 1300 to 2000 F. (Section 18-17)
3. Approved Operations of Solid Waste Facilities.
a. The design of the landfill shall include one or more topographic
maps containing all pertinent information.
b. A soils and geological investigation shall be included with the
plans.
c. The soil used as cover material shall be such character that it can
be compacted to provide a tight seal, does not crack excessively
when dry, and is free of putrescible materials and large objects.
d. Suitable provisions must be taken to prevent water pollution and
control soil erosion.
e. Adequate numbers of suitable equipment shall be provided.
f. Plans and specifications shall be submitted to the health
department for review and approval.
g. An all weather access road shall be provided to the entrance of
the landfill.
h. Initial development of the site must be completed prior to filling
any waste.
i. Suitable shelter and sanitary facilities for employees must be
provided.
j. Telephone or radio communications shall be provided at the landfill
site.
k. Adequate fire protection measures must be"taken.
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1. Scales approved by the license department shall be provided.
m. Access shall be limited to those authorized to use the site and
only taken an attendant is present.
n. The unloading of refuse shall be supervised and confined to as
small an area as possible.
o. The working area shall be confined to a size that can easily be
compacted daily with the available equipment.
p. Refuse shall be spread and compacted in layers 2-3 feet thick.
Individual lifts shall not exceed 8 feet. Daily cover shall be at
6 inches, intermediate cover at least one foot and final cover at
least 2 feet in depth. Upon completion of the landfill, there
shall be monthly inspection.
q. Inspection of the site shall be made before the equipment is
removed.
r. Vector control and dust control measures must be taken.
s. Final grading shall be made to control surface waters and area shall
be sealed.
t. Animals shall be excluded from the site. (Section 18-65)
V. ENFORCEMENT
1. Requirements for Permits
a. A permit is required to engage in the business of garbage and
trash collection or disposal. (Section 18-40, 18-52 and 18-64)
b. Application for landfill shall be granted or denied within 30 days
after application. An investigation of the application shall be
made by the Health Office. Section 18-68)
2. Inspection Procedure
The Health Officer has the power to enter at reasonable times
upon private or public property for the purpose of inspection.
(Sections 18-17 and 18-67)
3. Liability for Violators
The Health Officer may give notice of alleged violation to the
violator. (Section 18-18:1) Such notice shall be in writing and
give reasonable time to make necessary corrections. (Section
18-69A)
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4. Administrative Proceedings
Any person who is affected by any notice may request a hearing
before the Health Officer within 10 days after issuance of the
notice. (Sections 18-18 and 18-69) After such hearing, the
Health Officer shall sustain, modify, or withdraw the notice.
(Sections 18-18:3 and 18-56)
5. Penalties
a. It is a misdemeanor to allow any dead tree to overhang a public
way or private property. Any violator is subject to a fine of
not exceeding $500.00 or imprisoned for ninety days, or both.
(Sections 18-19:2 and 18-70)
b. Tickets may be issued by any agent or officer of the city for any
violation with fines of three or five dollars. Each day in
violation is a separate offense. (Ordinance No. 45556)
6. Performance Bonds
Minimum of $2,500. (Section 18-65)
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SALINA, KANSAS
I. NAME OF ORDINANCE
Chapter 31, Refuse, Salina Code, November 21, 1966.
II. GENERAL STATEMENT
Definitions (Section 31-35)
a. Ashes includes residue from the burning of wood, coal, coke, or
other solid combustible materials.
b. Garbage includes every accumulation of animal, vegetable or other
matter that attends the preparation, consumption, decay, dealing
in or storage of meats, fish, fowl, birds, fruit, vegetables,
food and food ingredients, including the cans, containers or
wrappers wasted along with such materials.
ct Refuse includes all putrescible and nonputrescible solid wastes
except body wastes. Refuse includes garbage, rubbish, ashes,
street cleanings, dead animals, and solid market and industrial
wastes.
d. Rubbish includes nonputrescible solid wastes except ashes. Rubbish
consists of both combustible and noncombustible materials, such
as paper, cardboard, tin cans, yard clippings, wood, glass,
bedding, crockery, metals, and similar objects.
III. ADMINISTRATION
1. Responsible Agency
a. Sanitation Department
b. Health Officer
2. Functions and Powers
a. Sanitation Department
(1) To administer and supervise the collection and disposal of
refuse. (Section 31-12)
(2) To adopt and promulgate additional rules and regulations.
(Section 31-23)
(3) To issue licenses for collecting, transporting or hauling
refuse. (Section 31-62)
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b. Health Officer
To make, adopt and publish additional rules as may be neces-
sary to make the article effective and facilitate the
systematic collection, handling and disposal of refuse.
(Section 31-74)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. No container shall exceed 32 gallons capacity, and the combined
weight of the container and contents shall not exceed 100 pounds.
(Section 31-22)
b. Each occupant of any premises shall keep his premises in a clean
and sanitary condition. (Section 31-36)
c. Refuse shall be collected at least once every 10 days. Accumula-
tion of unwrapped, undrained garbage or swill shall not exceed
2 days. (Section 31-39)
d. Containers shall be watertight, provided with tight-fitting lids
or covers, rust resistant, furnished with handles, and shall not
be less than 10 gallons, nor more than 32 gallons. (Section
31-42)
e. All containers shall be washed and/or cleaned often. (Section
31-43)
f. Storage facilities shall be adequate for the proper storage of
all garbage and rubbish. (Section 31-45)
g. All garbage shall be drained and securely wrapped. (Section 31-48)
h. All containers shall be stored so as to prevent spillage by wind
or animals. (Section 31-49)
i. Every collection vehicle shall have a hauling body constructed
of metal, or shall have a metal lining on the floor and all side
walls. (Section 31-73:2)
j. Every vehicle shall be provided with a means of covering the
refuse and of keeping such refuse securely within the hauling
body. (Section 31-73:3)
k. Every vehicle shall be cleaned as often as necessary. (Section
31-73:5)
2. Prohibited Activities
It shall be unlawful to burn garbage or other materials at any
time except in an incinerator or other approved appliance.
(Section 31-50)
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V. ENFORCEMENT
1. Requirements for Licenses
a. Any persons who collect, transport, haul or dispose any refuse
are required to obtain a license. (Section 31-62)
b. The license fee shall be $100.00 -for each vehicle per year or
any portion thereof. (Section 31-66)
c. Every license shall expire the following December 31st. (Section
31-68)
d. No license shall be granted to any person under 18 years of age.
(Section 31-70)
e. No license shall be transferred. (Section 31-72)
2. Inspection
Health Departmant shall inspect the truck bed and the Police
Department the safety equipment on licensed vehicles. (Section
31-63)
3. Liability for Violators
All licenses may be revoked by the Board of Commissioners upon
the conviction of the licensee of having violated any of the
provisions of this ordinance. (Section 31-69)
4. Liability Insurance
The applicant for a license must be covered by a liability
insurance policy; $50,000 for bodily injury and $10,000 for
property damage. (Section 31-64)
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WICHITA, KANSAS
I. NAME OF ORDINANCE
Chapter 7.08, Garbage and Refuse, February 8, 1955 with amendments
through December 9, 1969.
II. GENERAL STATEMENT
Definitions
a. Commercial garbage includes all garbage produced by grocery
stores; produce markets; restaurants; schools, public, private or
parochial; hospitals; or any commercial or other establishment
that processes, sells or services food or food products.
b. Garbage includes all organic waste or residue of animal, fruit,
vegetable or food material from kitchens and dining rooms or
from the preparation or dealing in or storage of meats, fowl,
fruits, grains or vegetables.
c. Rubbish or Trash includes all refuse such as paper, tin cans,
bottles, glass containers, rags, ashes, lawn trimmings, tree
trimmings, tree branches, limbs, tree trunks and stumps, and waste
materials from premises including that produced from remodeling or
construction, paper sacks, boxes, packing materials and like
materials from dwellings, and business, commercial or industrial
establishments and the offices thereof, except the following:
(1) garbage
(2) sewage
(3) dirt, rock, concrete or masonry materials
(4) accumulations from mud traps and settling basins
(5) dead animals or animal excrement, and
(6) salvage materials.
. d. Salvage materials includes waste paper, scrap materials, building
materials, or any other type of waste material that has a value to
the producer, owner or occupant of the premises upon which it is
produced or stored over and above the actual cost of collection
and disposal. (Section 7.08.010)
III. ADMINISTRATION
1. Responsible Agency
Department of Public Works
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2. Functions and Powers
a. To supervise and engage in collection and disposal of rubbish,
trash and garbage. (Sections 7.08.09 and 7.08.100)
b. To issue licenses for collection, hauling and disposal of rubbish,
trash and garbage. (Section 7.08.150)
c« To make additional rules and regulations. (Section 7.08.310)
IV. SCOPE OF LEGISLATION
1, Standards and Regulations
a. Every commercial establishment shall provide suitable and
adequate liquid-tight containers which shall be closed by a
water-tight and fly-tight cover at all times. (Section 7.08.020)
bo All commercial garbage shall be collected and removed only by the
city or by a licensed collector. (Section 7.08.040)
c« All commercial garbage shall be collected at least twice a
week. (Section 7.08.060)
d. All residential garbage shall be drained of all excess liquids
and securely wrapped in paper, and placed in a liquid-tight
container with a fly-tight and water-tight lid or cover. All
such garbage shall be collected at least once a week. (Section
7.08.070)
e. No garbage or noncombustible trash may be deposited in trash
burners or incinerators. Tree trimmings or lumber not stored in
containers shall be stored in such a manner as to prevent the
harborage of rats. (Section 7.08.110)
f. All containers shall be thirty gallon capacity. Each container,
when filled, shall not have an overall weight in excess of 75
pounds per 30-gallon container. Tree trimmings or branches shall
not be more than 4 feet in length, tied on bundles and placed
by the refuse containers. (Section 7.08.110)
g. All collection vehicles shall be securely covered in such a manner
that the contents will not be allowed or permitted to escape from
the vehicles. (Section 7.08.140)
2. Prohibited Activities
a. It shall be unlawful to place any garbage in trash burners or
incinerators unless the incinerator is of a smokeless and odorless
type supplied by auxiliary fuel and approved by the Fire Department
and the Department of Public Health. (Sections 7.08.030 and
7.08.070)
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b. It shall be unlawful to open, interfere with, damage or destroy
any commercial garbage container or the contents thereof. (Section
7.08.040)
c. It shall be unlawful to dump or spill refuse on streets, public
grounds, etc. (Section 7.08.130(a))
d. It shall be unlawful to scatter or spill rubbish, trash, garbage
or waste materials upon the streets. (Section 7.08.130(b))
e. It shall be unlawful to dispose of dead animals by depositing such
animals in containers, incinerators or upon any public property.
(Section 7.08.300)
ENFORCEMENT
1. Requirements for Licenses
a. A license is required to collect or dispose of any rubbish,
trash or garbage. (Section 7.08.150)
b. Each applicant shall pay a fee of $100 for each vehicle. The
term of the license shall be for a period of one year. (Section
7.08.170)
c« No license shall be 'transferred. (Section 7.08.220:1)
2. Inspection Procedure
The vehicle to be licensed shall be inspected and approved by the
Police Department as to compliance with this code and other
ordinances. (Section 7.08.220:1)
3. Liability for Violators
If, after seven days' notice of requirements, any licensee fails
to comply with any provisions of this code, the Superintendent
of Central Inspection may, upon 48 hours' written notice to such
licensee, revoke and cancel such license. (Section 7.08.260)
4. Administrative Proceedings
Any licensee feeling aggrieved at the revocation of license may
appeal, within five days, the action of the Superintendent to the
Board of Commissioners. (Section 7.08.260)
5« Penalties
Any person violating any of the provisions of this chapter shall
be punished by a fine of not more than $200 or be imprisoned for
not more than 60 days, or by both. (Section 7.08.330)
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LOUISVILLE, KENTUCKY
I. NAME OF ORDINANCE
Chapter 913, Garbage and Rubbish, Public Ways and Service Code,
December 26, 1967.
II. GENERAL STATEMENT
1. Definitions (Section 913.01)
a. Garbage includes all putrescible wastes including vegetable and
animal offal, but not including manure or night soil.
b. Combustible waste includes all waste capable of incineration or
burning, including garbage, paper, rags, excelsior, wood, grass,
leaves, trash, rubbish, furniture, and other refuse or discarded
matter required to be removed from private and public places, but
not including manure or night soil.
c. Noncombustible waste includes all waste not capable of incineration
or burning, such as earth, brick, concrete, plaster earthenware,
nonflammable compositions, and other waste material which is not
capable of incineration.
d. Ordinary waste includes the general and usual waste that accumu-
lates on any vacant land or in or upon the land appurtenant to
any dwelling house, tenement house, apartment house, or other
building used for residential purposes; places and institutions
not for profit; and public grounds.
e. Ordinary commercial waste includes the general and usual waste that
accumulates in or upon the land appurtenant to any retail grocery
or meat store, restaurant, club, hotel, or any commercial enter-
prise, but not exceeding two standard thirty-gallon containers
of combustible or noncombustible waste for any single regular
collection.
f. Extraordinary commercial waste includes the general and usual waste
that accumulates in or upon the land appurtenant to any retail
grocery or meat store, restaurant, club, hotel or any commercial
enterprise in excess of the amount defined as ordinary commercial
was te.
g. Industrial waste includes the refuse that accumulates in or upon
land used for manufacturing, industrial, wholesale, or slaughter-
ing purposes.
h. Public dumps includes land under the direct control and supervision
of the Director of Sanitation designated for the depositing of
noncombustible wastes.
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i. Municipal incinerator includes the land, buildings, and equipment
under the direct control and supervision of the Director of
Sanitation where waste designated by the Director of Sanitation
shall be burned.
III. ADMINISTRATION
1. Responsible Agency
Director of Sanitation
2. Functions and Powers
a. To collect all combustible and ordinary waste and all ordinary
commercial waste and deliver all garbage and refuse to the
Municipal incinerator.
b. To maintain and operate any incinerator or other disposal plants.
c. To prepare and publish reasonable regulations pertaining to solid
waste management. (Section 913.02)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. Every person having extraordinary commercial waste shall remove
the combustible and designated non-combustible wastes to the
Municipal incinerator. All other non-combustible extraordinary
commercial waste shall be disposed of at an approved public or
private dump. (Section 913.03)
be Industrial combustible waste shall be hauled to a Municipal
incinerator by the person producing such waste. (Section 913.04)
c. Containers shall be of metal, of substantial construction, with
tight-fitting covers, and watertight. Each container shall have
a capacity of ten to thirty gallons and shall be provided with
handles. (Section 913.05)
d. Each household shall provide sufficient containers. (Section
913.06)
e. All waste containers shall be maintained in good condition. All
garbage containers shall be kept clean and disinfected. (Section
913.07)
f» Waste containers shall be kept covered at all times. (Section
913.08)
gt Combustible waste shall be set out in proper waste containers on
collection days at approved places. (Section 913.09)
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h. Collection vehicles shall have a metal bed and be equipped in such
manner that the load is completely enclosed with metal walls or
other metal enclosure. (Section 913.16)
±, Waste paper, rags or excelsior shall be transported in a totally
enclosed vehicle or in totally enclosed crates or by the truck
or trailer covered with a tarpaulin. However, materials consisting
exclusively of corrugated or cardboard paper may be transported
in unlined or compressed bales. .(Section 913.18)
2. Prohibited Activities
a. It shall be unlawful to scatter waste in any public or private
place. (Section 913.10)
b« It shall be unlawful to remove waste from containers without the
consent of the owner. (Section 913.11)
c. It shall be unlawful to dump any combustible waste on any public
or private dump or other public or private property. (Section
913.12)
d. It shall be unlawful for any person to bring waste for disposal
into the City unless authorized. (Section 913.12)
e. It shall be unlawful to dump any waste without a permit from the
Director of Sanitation. (Section 913.20)
V. ENFORCEMENT
1. Requirements; for Permits
a. No person shall collect combustible waste without a permit from
the Director of Sanitation. (Section 913.1A)
b. Any permit expires June 30 next following its issuance. Any
permit may be renewed. The fee for each permit and renewal
shall be $5.00. (Section 913.15)
2. Inspection Procedure
Each vehicle operated by a permit holder in the transportation of
such waste shall be subject to inspection at all times by the
Department of Sanitation. (Section 913.17)
3. Liability for Violators
Any permit may be revoked upon failure of the permit holder to
comply with all applicable ordinances and rules and regulations.
(Section 913.15)
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4. Administrative Proceedings
If any permit holder fails to comply with the rules and ordinances
the Director of Sanitation shall give a five-day notice of his
intention to revoke such permit. During the five-day period the
permit holder may request a hearing. The decision of the Director
of Sanitation after such hearing shall be final. (Section 913.21)
5„ Penalties
Any person violating any provision of this chapter shall be fined
not less than $10.00 nor more than $50.00 for each offense.
(Section 913.99)
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BATON ROUGE, LOUISIANA
I. NAME OF ORDINANCE
Collection, Disposal of Garbage, etc. Title 6 Chapter 4 of City
Code as amended by Ordinance Numbers 2316 and 2360. May 22, 1957
and later amended.
II. GENERAL STATEMENT
1. Declaration of Policy
This ordinance is concerned with collection and storage of garbage
and trash,
2. Definitions
a. Garbage includes putrescible animal and vegetable waste resulting
from the handling, preparation, cooking and serving of food,
including tin cans, broken or plastic bottles, glassware, which
may be used in a household or restaurant.
b. Trash includes putrescible solid waste such as waste paper, debris,
tin cans, aluminum cans, bottles, glassware, ordure, excrement,
cartons, boxes, etc., not included under the definition of
'garbage', and shall also include cut grass, weeds, vines, shrubbery
trimmings, and trees or limbs not exceeding a weight and length
that can be normally loaded by two men and carried in a truck
without unreasonable overhang, provided that larger trees and
limbs, industrial waste, building debris from erection or repairing
of any building, dead fowls and animals and scrap metal shall not
be included.
c. Refuse Control Board includes Director of Public Works, Treasurer,
Chief of Police, Director of East Baton Rouge Health Unit and
City Prosecutor. (Section 401)
III. ADMINISTRATION
1 „ Responsible Agency
Department of Public Works (Section 405)
2. Functions and Powers
a. To collect and dispose of all garbage and trash or other waste
matter except at commercial establishments if placed in proper
containers. (Sections 405 and 417)
b. To promulgate reasonable rules and regulations in accordance with
this ordinance. (Section 413a)
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c. To establish appropriate routes and schedules for garbage and
trash collection in residential and commercial areas. (Section
413b)
3. Refuse Control Board (Section 415a)
a. Board shall elect a chairman who can call meetings, but any
three members can also call a meeting.
be Board shall adopt its own rules for the day on which it shall meet.
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. Garbage will be collected only if placed in metal or plastic
container, with tight fitting cover and strong handles, and with
a capacity of not less than five nor more than thirty gallons.
The weight with contents shall not exceed seventy-five pounds.
The container shall be kept in sanitary condition. All commercial
establishments, institutions, and schools which need more than
two thirty gallon containers and all apartment buildings with more
than eight units may have garbage collected and disposed of if
placed in a mobile one-yard capacity container which can be dumped
mechanically. (Section 406a)
b« The covers shall be kept secure and fastened at all times so that
flies, insects, dogs, and other scavengers cannot gain access.
(Section 406b)
c« Containers shall be placed on neutral ground near sidewalk or
within five feet of road if no sidewalk. They shall not be
placed in the road nor left anywhere for an unreasonable time
before or after emptying. (Section 406c)
d. Trash and other waste matter may be collected only if conditions
stated in Section 406 (see above) are followed. (Section 407)
e. Large trees or limbs, scrap metal, large lumber, refuse and large
dead animals must be removed by owner at his own expense.
(Section 411)
f. Any person transporting or hauling garbage, trash, or any debris
shall take reasonable precautions to prevent its scattering or
spilling on the public streets. (Section 403)
g. All owners and occupants of buildings are responsible for cleanli-
ness of their premises and of neutral grounds immediately adjacent
thereto. (Section 404)
h. Collection from commercial establishments-shall be at least twice
a week and from residential areas at least once a week. (Section
413b)
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i. There shall be no private collection of garbage and trash from
residential houses within the city. (Section 415:1)
j. Any private disposal site shall conform to the regulations.
(Section 416d)
Prohibited Activities
a. It shall be unlawful for any person, firm, corporation, etc. to
scatter, throw, deposit, etc. any garbage, trash, or other sub-
stance which may be unsightly, offensive to smell or injurious to
health or any private yard, lot, building, sidewalk, street,
alley or any other public place other than in the type of container
provided for by this ordinance. (Sections 402 and 404)
b. It shall be unlawful for the Department of Public Works to collect
any garbage or trash not put out for collection in compliance
with this ordinance. (Section 405)
c. It shall be unlawful for any person to wilfully damage or destroy
any garbage container belonging to any other person. (Section
408)
d. It shall be unlawful for any person to permit any garbage container
to remain on the neutral ground or on the side of their premises
from 6:00 p.m. Saturday to 6:00 p.m. Sunday. (Section 409)
e« It shall be unlawful for the owner of a building being built or
repaired, or the job contractor, to leave building or repairing
debris in industrial refuse resulting from the job to be left for
collection by the Department of Public Works. (Section 410)
f. It shall be unlawful for any person to collect, convey, or dispose
of any garbage, refuse or rubbish except the actual producers who
desire to personally dispose of it and outside collectors who
convey across city streets. All other collection shall be done
by the city. (Section 417)
g> It shall be unlawful for any person to go to the city dumps to
deposit materials thereon except in accordance with regulations
established by Director of Public Works. (Section 416a)
h. It shall be unlawful for any person to salvage, collect, remove
or dispose of any garbage, refuse, or rubbish materials deposited
on the city dumps except with authority of Director of Public
Works. (Section 416b)
i. It shall be unlawful to engage in the business of collecting,
removing, transporting or disposing of garbage and/or trash
except by
(1) Private licensed collectors;
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(2) Producers of garbage, refuse, or rubbish or owners of premises
when it is produced if materials are disposed of in accordance
with this ordinance.
(3) Collectors from outside of city hauling over city streets
if such collectors comply with all ordinances,
(4) Charitable organizations as_defined in the Code or holders
of permits from Parish of East Baton Rouge. (Section 414)
V. ENFORCEMENT
1„ Requirements for License
a. Applications shall be submitted to treasurer who shall forward
to the Director of Parish Health Unit.
b. Applications shall include name, address, phone number, list of
equipment to be used, date or requested issuance of permit, proof
of insurance, whether applicant is going to collect garbage and/
or trash and any other information that the City Council may
desire.
c. After an investigation license may be issued, and it shall be valid
until 31 December.
d. Director may impose reasonable rules and regulations upon the
issuance of the license for collection and permit for each vehicle.
(Section 415:1-7)
2. Inspection
Parish Health Unit must inspect and approve all vehicles. (Section
415:4)
3. Liability for Violators
License or permits may be suspended or revoked if:
(1) Any conditions of license or permits are violated.
(2) License or permits are exercised in violation of any
ordinance or statute.
(3) License or permits are used for improper purpose.
(4) The application contained falsehoods.
(5) The equipment fails to meet health and safety standards.
(6) The licensee is not performing intended services.
(7) The licensee discriminates against any employee or applicant
for employment because of race, creed, color or national
origin. (Section 514:8)
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4. Administrative Proceedings
a. In case of violation or failure to comply with the provisions of
this ordinance, the Refuse Control Board shall conduct a hearing
and give the collector 5 days written notice to appear and answer
the charge.
b. If it is the first violation or conviction, the Board may issue
a warning or, if the violation or public interest so requires, it
may refer the violator to the City Council for a hearing with a
recommendation for suspension or revocation.
c. The Board may recommend suspension or revocation of license and/
or permits.
d« For any violation found by Board or Council or conviction by a
court within 1 year of a prior violation or conviction upon which
a hearing was held by the Board or Council, the Council shall
conduct a hearing and impose the following minimum penalties:
(1) 2nd such violation - 15 days suspension
(2) Any subsequent violation - 1 year suspension.
e. Nothing herein shall prevent the Board or the Council from calling
a hearing for the purpose of revoking or suspending or recom-
mending such action, of any license or permit when it finds a
violation or when it deems it in the public interest. (Section
415:9)
5. Penalties
a. The 1st conviction shall be punishable by a fine of $5 to $50
and/or not more than 5 days in jail.
b. A subsequent conviction within 1 year shall be punishable by a
fine of $25 to $100 and/or not more than 20 days in jail. (Section
417)
6. Insurance
a. $100,000 - death or injury to 1 person in 1 accident.
b« $300.000 - death or injury to more than 1 person in 1 accident.
c. $20,000 - property damage.(Section 415:3d)
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ROCKVILLE, MARYLAND
I. NAME OF ORDINANCE
"Refuse and Garbage Collection and Disposal Facilities'* Chapter 7,
October 1, 1965.
II. GENERAL STATEMENT
1. Declaration of Policy
The accumulation of refuse substances on the premises of private
residences, commercial institutions and other places, constitutes a
public menace and nuisance and greatly increases the danger of the
spread of infectious, contagious and epidemic diseases, and it is
imperative and urgent for the preservation of health, safety, sani-
tation, peace and public welfare that proper and adequate regula-
tions be adopted to require property owners, tenants, occupants
or lessees to secure containers and receptacles of sufficient
size and material in which to deposit refuse substances, or other-
wise prepare for the collection, removal and disposal at regular
intervals, (Section 7-4.01)
2. Definitions
a. Garbage includes putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food.
b. Refuse includes all putrescible and nonputrescible solid wastes
(except body wastes), including garbage, rubbish, ashes, street
cleanings, dead animals, abandoned, unlicensed or inoperable
vehicles or machinery, and solid market and industrial wastes.
c. Rubbish includes nonputrescible solid wastes (excluding ashes),
consisting of both combustible-and noncombustible wastes, such
as paper, cardboard, tin cans, yard clippings, wood, glass, bedding,
crockery and similar materials.
d. Incinerator includes any device for complete combustion of refuse.
e. Sanitary landfill includes any disposal method where all refuse
deposited is compacted and covered with compacted earth or other
inert material. (Section 7-4.02 and 7-4.10)
III. ADMINISTRATION
1. Responsible Agency
a. Director of Public Works (Section 7-4.04:1)
b. Director of Licenses and Inspection. (Section 7-4.07:1)
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2. Functions and Powers
a. Director of Public Works
(1) To supervise collection, conveying, and disposal of all refuse
from single family residences.
(2) To make and publish regulations regarding collection, storage
and disposal of refuse. (Se'ction 7-4.04:1)
b« Director of Licenses and Inspection
(1) To issue licenses for collection and transportation of refuse.
(Section 7-4.07:1)
(2) To refuse to renew, revoke or suspend licenses. (Section
7-4.09)
(3) To direct disposal of bulky, contagious or dangerous material.
(Sections 7-4.04 and 4.05)
(4) To make inspections. (Section 7-4.12)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. Storage (Multi Family, Commercial, Industrial)
(1) Responsibility
(a) It shall be the responsibility of the owner and not the
occupant of multi-family residences to provide sufficient
number of containers.
(b) It shall be the joint and several responsibility of the
owner and the occupant of commercial industrial and
other non-single family residences to provide sufficient
number of containers. (Section 7-4.06:2)
(2) Standards
(a) All containers except those for storage of bulky rub-
bish shall be vermin and water proof, of noncorrodible
metal, and equipped with tight fitting lids at all
times.
(b) Containers must be accessible to users at all times.
(c) Refuse bins shall not be used for storage of garbage.
(d) Containers and storage areas shall be washed periodically.
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(e) All storage areas shall be kept free of litter, refuse
overflow, vermin and well ventilated. (Section 7-4.061:3)
b. Collection
(1) Single Family Residences
(a) All such refuse shall be" collected, codveyed, and
disposed of by the city under supervision of Director of
Public Works.
(b) All bulky and/or dangerous materials shall not be placed
for regular collection but shall be disposed of as
directed by Director of Licenses and Inspection.
(c) Regular collections shall be made from rear or side
placements at least twice a week with emptied containers
returned to same location. (Section 7-4.04)
(2) Multi-Family, Commercial and Industrial (Section 7-4.05)
(a) Refuse may be collected by producer of refuse, owner of
premises or by licensed private collectors.
(b) Refuse shall be collected from multi-family residences
at least 5 times a week and from industrial commerical
and institutional locations at least twice a week
although Director of Licenses and Inspection may require
more frequent collection.
(c) All contagious refuse highly flammable or explosive
materials shall be collected under supervision of Director
of Licenses and Inspection and shall not be placed in
containers for regular collection.
(3) Private Collectors
(a) Vehicles must have body not exceeding 7 feet in height
and so constructed as to prevent leaking or dripping.
There shall be a suitable tight fitting cover.
(b) Collector shall remove all rubbish from all pick up
points, return empty containers to pick up point, and
clean up all spillage along the route, maintain regular
service, and provide prior notice for any discontinuance
of service. (Section l-\.07)
2. Prohibited Activities
Storage
(1) It shall be unlawful to place refuse in street, alley, public
or private place unless placed in proper containers for
collection.
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(2) It shall be unlawful to accumulate refuse.
(3) It shall be unlawful for any person to place or deposit any
refuse in such a manner that it may be carried or scattered.
(Section 7-4.03)
3. Approved Operations of Solid Waste Facilities.
a. Incinerators
(1) Shall comply with building code.
(2) Shall be operated in accordance with approved standards.
Any incinerator not so operated shall be corrected within
time specified by written notice of Director of Licenses and
Inspections.
b. Incinerating Plants
(1) Shall comply with building and zoning codes and be enclosed
by a fence 6 feet in height.
(2) Shall comply with same standards as single incinerators.
c. Sanitary Landfill
There may not be a landfill within City limits except if
operated by or on behalf of City.
d. Seasonal or Special Disposal Methods.
(1) On site disposal by burial in a pit is permitted for camps
and farms provided there is 8 inches of dirt cover.
(2) The use of compost piles is permitted if the pile is rodent-
proofed. This is not necessary when the pile consists
entirely of leaves.
e. Other Methods
Other methods are not approved and shall be utilized only
after specific approval by Director of Licenses and Inspection
in each case. (Section 7-4.10)
V. ENFORCEMENT
1. Requirements for Permits, etc.
a. No person shall engage in collection, transportation or disposal
without obtaining a permit. (Sections 7-4.07 and 4.10)
b. Application shall be made to Director of Licenses and Inspection.
A license shall not be issued unless minimum standards as
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provided for this ordinance are met. (Sections 7-4.07 and 4.10)
C. Permits expire on June 30 of each year and may be renewed if
applicant complies with all standards of this ordinance. No
permit shall be transferred, except in the case of the death of
permittee when the executor, administrator or heirs may operate
under the existing permit. (Section 7-4.08)
2. Inspection Procedure (Section 7-4.12)
The Director of Licenses and Inspection shall have the right to
inspect any premises or property without the consent of the owner
or occupant during hours of operation and at such other reasonable
times as may be necessary to enforce this ordinance, but entry into
private residences is prohibited.
3. Liability for Violators (Section 7-4.09)
The Director of Licenses and Inspection may refuse to renew ,or he
may revoke or suspend any license or permit upon a finding that
the holder of the license or permit has violated this ordinance.
This shall be done in accordance with the administrative pro-
ceedings provided for in this Ordinance.
4. Administrative Proceedings
a. Any revocation, suspension or refusal to renew shall be in writing
and shall be mailed or delivered to the address shown on the
application. The license card of a particular vehicle may be
revoked without effect on the license to do business. Revocation
shall remain until necessary corrections are made. (Section
7-4.09)
b. The City Manager may hear testimony and decide all appeals. Any
person aggrieved by issuance, denial, renewal, suspension,
revocation, or any other order may appeal to City Manager within
10 days. The City Manager may affirm, modify or reverse the
order of Director. Such appeal shall not stay execution of order
unless City Manager, upon application, shall grant a stay.
(Sections 7-4.04:2)
5. Penalties
Violation of the Ordinance is a misdemeanor and upon conviction,
there shall be a fine of not more than $100 or not more than 90
days in jail or both. Each day of violation is a separate offense.
City may also institute injunction, mandamus or any other appropri-
ate action. (Section 7-4.14)
6. Performance Bonds (Section 7-4.07:2)
Bond of $500 to reimburse City of all expenses shall be necessary
to correct"non-compliance of this Ordinance.
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BROOKLINE, MASSACHUSETTS
I. NAME OF ORDINANCE
Regulations Governing the Handling, Storage, Collection and Disposal
of Waste, August 31, 1967.
II. GENERAL STATEMENT
Definitions
a. Domestic Waste includes garbage and rubbish resulting from the
usual routine of housekeeping.
b. Commercial Waste includes garbage and rubbish material resulting
from the operation of business enterprises. Manufacturing and
trade wastes are not included.
C, Municipal Waste includes domestic waste and commercial waste.
dc Garbage includes all waste - animal, fish, fowl, fruit or vegetable
matter incident to the use, preparation and storage of food, includ-
ing containers except glassware, and/or wrappings contaminated
with such organic (putrescible) material,
e. Rubbish includes waste resulting from housekeeping and ordinary
mercantile enterprises, such as packing boxes, cartons, excelsior,
paper, ashes, cinders, tin cans, bottles and metals, and similar
material.
f. Burnable Rubbish includes all domestic or commercial waste not
acceptable for incineration. This includes ashes, cinders.glass-
ware, earthenware, tin ware, bed springs, auto parts and other
metallic substances, and containers for paint, gasoline, solvents,
cleaning fluids and other explosive materials, including aerosol
and similar type containers, and especially light bulbs, television
tubes and fluorescent tubes.
g. Tree waste includes tree stumps, trunks or limbs, three (3) inches
or more in diameter or three (3) feet or more in length; tree waste
is not classified as municipal waste. (Section 1)
III. ADMINISTRATION
1« Responsible Agency
a. Sanitation Division of Department of Public Works
be Director of Public Health
2. Functions and Powers
a. Department of Public Works
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(1) To collect domestic waste. (Section 2B)
(2) To establish standards for storage. (Section 2B1)
(3) To establish time and place for collection. (Section 2C1)
(4) To collect commercial waste (if not otherwise collected).
(Section 3A)
(5) To approve any suitable device for storage, handling and
disposal of waste. (Section 5)
(6) To set fees for collection and disposal. (Section 6)
b. Director of Public Health
(1) To issue permits for private dumps. (Section 8A)
(2) To inspect private dumps. (Section 8B)
(3) To revoke or suspend permits for private dumps, (Section SC)
(4) To issue permits for private collection. (Section 9A)
(5) To revoke or suspend permits for private collection.
(Section 9A)
(6) To order removal of any accumulation which becomes a nuisance,
(Section 7C)
IV. SCOPE OF LEGISLATION
1o Standards and Regulations
a. Storage of Domestic Waste (Section 2A & B)
(1) Owner or occupant shall provide, and keep clean and in good
repair, a sufficient number of containers.
(2) Burnable and non-burnable rubbish shall be separated and
placed in separate containers.
(3) Burnable rubbish or garbage may be stored separately or
together.
(4) Garbage shall be drained of all liquid and wrapped.
(5) Containers shall be watertight, have tight fitting covers,
have substantial handles, not exceed 26 gallons in capacity
and 100 pounds in weight, when full.
(6) Bundles shall be securely tied and not exceed 75 pounds in
weight or 3 feet in maximum dimension.
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(7) Containers for burnable rubbish shall be similar to
containers of non-burnable rubbish except there shall be a
3'' wide green strip painted around the center.
(8) Tree branches, shrubbery and vines shall be tied in standard
bundles and cut grass and leaves shall be stored in suitable
containers. They shall be placed for collection with non-
burnable rubbish.
b. Storage of Commercial Waste
(1) The owner of the business shall provide a sufficient number of
containers.
(2) Commercial garbage shall be separated in the same fashion
as domestic waste. (Sections 3A & B)
c. Collection of Domestic Waste
(1) All rubbish and mixed garbage shall be collected from curb
and separately stored garbage from the yard.
(2) All rubbish and mixed garbage containers shall be placed at
curb and removed after collection.
(3) Improperly stored or bulky items may be refused collection,
and the Sanitary Division shall attack reasons therefore if
practicable. (Section 2C)
d. Collection of Commercial Waste
Shall be collected by Sanitation Division, private collector
or owner of business at regular intervals to prevent a
nuisance. (Section 3A)
e. Collection of other Waste
(1) All small dead animals, except those from animal hospitals
and kennels, will be collected upon notice.
(2) Tree waste, construction waste and trade waste must be
deposited by owner of premises,
(3) Incinerator waste shall be placed in containers for burnable
rubbish.
(4) All hospital waste shall be placed in cardboard box, then
sealed and labeled. (Section 4)
f. Transportation of Wastes
Vehicles must be so constructed as to prevent spillage and
blowing away of contents. (Section 9C)
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2. Prohibited Activities
a. It shall be unlawful to deposit any garbage, rubbish or other waste
upon the street, park, or any premises, except an approved disposal
area in containers as required by these regulations.
b. It shall be unlawful to scavenge in containers set out for collection
or articles delivered to landfill or incinerator. (Section 6)
V. ENFORCEMENT
1. Requirements for Permits
a. Private Dumps
(1) A permit is required for use of public or private premises as
disposal area.
(2) A permit is to be granted by the Director of Public Health
if he feels the area will not be a nuisance, be unsightly or
be a violation of zoning laws. A permit may be granted
subject to such conditions as the Director feels are neces-
sary. (Section 8)
b. Private Collectors
(1) Permits are required to transport wastes through the town
except that the Sanitation Division and originator of the
wastes do not need a permit.
(2) Applications are to be made to the Director of Public Health.
(3) Permits shall expire at end of each calendar year but may be
renewed annually. (Section 9)
2. Inspection Procedure
Director of Public Health may inspect proposed private dump.
(Section 8B)
3. Liability for Violators
a. The Director of Public Health may revoke or suspend a permit for
a dump if the dump becomes a nuisance. (Section 8C)
b. The Director of Public Health may revoke or suspend a permit for
private collection if this ordinance is not complied with.
4. Penalties
A fine not to exceed $20 for violation of sections 2-7 of the
regulations" and a fine not to exceed $50 shall be possible for"
violation of sections 8 or 9 of these regulations. (Section 10B)
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DETROIT, MICHIGAN
1. NAME OF ORDINANCE
An Ordinance to Regulate the Handling, Storage, Collection and
Disposal of Municipal Waste, Litter and other Waste Materials,
Ordinance No. 660-F, Chapter No. 189, February 8, 1962.
II. GENERAL STATEMENT
1. Declaration of Policy
This ordinance shall be liberally construed for the purpose of
providing a sanitary and satisfactory method of preparation,
collection and disposal of municipal wastes, and the maintenance
of public and private property in a clean, orderly and sanitary
condition for the peace, health and safety of the community.
(Section 101)
2. Definitions
a. Municipal waste includes certain discarded products incident to
housekeeping and commercial enterprises.
b. Domestic waste includes waste material resulting from the usual
routine of housekeeping, including garbage, rubbish and ashes.
c. Commercial waste includes miscellaneous waste material resulting
from the operation of business enterprises and institutions,
including garbage, rubbish and ashes from offices and stores
or the like, and construction waste, but excluding trade waste.
d. Construction waste includes waste from building construction,
alteration, demolition or repair, and dirt from excavations.
e. Garbage includes all waste animal, fish, fowl, fruit or vegetable
matter incident to the use, preparation and storage of food. It
includes spoiled food but excludes food in containers of non-
burnable nature.
f. Rubbish includes miscellaneous solid waste material resulting
from housekeeping and ordinary mercantile enterprises, such as
packing boxes, cartons, excelsior, paper, ashes, cinders, tin
cans, bottles, glassware, earthenware, rubber, rags, wood,
bedding, straw, leather, automobile tires, auto parts, bedsprings,
grass, leaves, furniture, barrels, etc.
g. Trade waste includes waste material resulting from industrial
operations and not classified as municipal waste,
h. Litter includes any garbage, rubbish, waste material or other
substance placed or allowed to remain on the ground or in any
other manner constituting a nuisance, (Article II)
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III. ADMINISTRATION
1. Responsible Agency
Commissioners of Public Works, Health, Police, and of Buildings
and Safety Engineering.
2, Functions and Powers
a. To enforce this ordinance. (Section 102)
be To adopt reasonable regulations to carry out the intent of the
ordinance. (Section 102)
c. To issue permits. (Section 405.6)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. All garbage shall be drained of all free liquid and wrapped in
paper. No garbage shall be stored in an uncovered receptacle.
(Section 302)
b. Commercial garbage need not be wrapped, but undrained garbage
will not be collected. (Section 303)
c« Domestic and commercial rubbish shall be collected by the
Department of Public Works. (Section 304)
d. All small dead animals, if kept separate, will be collected by
the Department of Public Works. (Section 304) Owners shall be
responsible for the removal and disposal of large dead animals
weighing over 100 pounds. (Section 305)
&r Bulk rubbish shall be securely tied in compact bundles, not to
exceed 100 pounds in weight. Large bulky items, such as
refrigerators, stoves, etc., will require a special pickup.
(Section 307)
fo Shrubbery and tree branches shall not exceed 3 feet in length,
10 inches in diameter, or a total of 100 pounds in weight.
(Section 308)
g. Infectious materials shall be burned in an incinerator. Where
necessary, they shall be wrapped and placed into the rubbish
receptacle or otherwise disposed of in an acceptable manner.
(Section 309)
h. All proper and sufficient number of receptacles shall be main-
tained in good and clean condition. (Section 401)
i. Portable receptacles shall hold two weeks' accumulation and have
a capacity of not less than 20 gallons nor more than 26 gallons.
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They shall be of galvanized metal, fly-tight, and provided with
handle, not to exceed 100 pounds when filled. (Section 404.2)
j. Receptacles shall be conveniently accessible for collection service
and for all users. (Section 406)
k. Commercial waste shall be collected by the Department of Public
Works with charge. (Section 503)
1. The Commissioner of Public Works may enter into a contract with
parties creating commercial or construction waste.
m. Collection vehicles shall be operated in a manner which will
prevent a litter nuisance. The load shall be covered with a
tarpaulin. (Section 602)
n. Every person shall keep his premises free of litter at all times.
(Section 704)
2. Prohibited Activities
a. It shall be unlawful to burn garbage in any receptacle or unapproved
incinerator. (Section 302)
b. It shall be unlawful to burn rubbish in an open fire except under
permit. (Section 304)
c. It shall be unlawful to use defective or illegal receptacles for
storage of wastes. (Section 403)
d. It shall be unlawful for any person other than authorized collectors
to interfere with garbage and rubbish. (Section 601)
e. It shall be unlawful for any person to deposit any litter on any
street except approved dumps. (Section 701)
f. It shall be unlawful for dangerous materials to be deposited in
any street or any public or private place. (Section 703)
g. It shall be unlawful to dump in public waters. (Section 708)
V. ENFORCEMENT
1. Requirements for Permits
a. Stationary or large moveable receptacles shall not be installed
without a permit. The permit fee shall not exceed $5. (Section
405.6)
b. Garbage and rubbish chutes shall not be installed without a
permit. (Section 407)
2. Liability for Violators
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a. Any permit shall be revoked for cause by the Commissioner of
Public Works. (Section 405.6)
b. Should any contractor fail to pay for service rendered within
30 days after the date of bill, the Department of Public Works
shall be relieved of all obligation. (Section 506)
3. Penalties
Any person violating any of the provisions of this ordinance
shall upon conviction thereof be subject to a fine of not more
than $500.00 or to imprisonment for not more than 90 days, or
to both. (Section 801)
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CULBERTSON, MONTANA
I. NAME OF ORDINANCE
Ordinance No. 111
II. GENERAL STATEMENT
1. Declaration of Policy
The uncontrolled disposal, handling, removal and storage of garbage,
refuse and rubbish is unsafe, dangerous, unsanitary, and consti-
tutes a present hazard and continuous menace to the health, morals,
safety and general welfare of the people and is a public nuisance,
all of which creates a present public emergency,
2. Definitions
a. Garbage includes putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food.
b. Refuse includes all putrescible and nonputrescible solid wastes
(except body wastes), including garbage, rubbish, street cleaning,
dead animals, yard clippings and solid market and solid industrial
wastes.
c. Rubbish includes nonputrescible solid wastes, consisting of both
combustible and noncombustible wastes, such as paper, cardboard,
abondoned automobiles, tin cans, wood, tree branches, hedge
trimmings, glass, bedding, crockery and similar materials.
d. A garbage can is defined as a tapered receptacle for garbage,
refuse or rubbish, between 18-20 inches in diameter and between
15-30 gallons in capacity, constructed of galvanized iron or
metal of a similar character with handles and a tight fitting
cover attached by a chain to the garbage rack.
e. A garbage rack is defined as a rack or holder for garbage cans
constructed so that the base of the garbage can is between 18-24
inches above the ground, and constructed so that small animals
cannot knock over or tip over the garbage cans. (Section 1)
III. ADMINISTRATION
1. Responsible Agency
Town Council
2. Functions and Powers
a. To issue permits for burning. (Section 2-)
b. To contract for removal of refuse. (Section 4)
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IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. All garbage, refuse and rubbish shall be placed in approved
garbage cans. No can shall weigh more than 75 pounds. (Section
3)
b. All cans shall be placed in approved garbage racks except where
permission given by Town Council to do otherwise, (Section 3)
c. Collection shall be made 2 times weekly from residential buildings
and 3 times weekly from commercial establishment. (Section 4)
d. Items of garbage, refuse and rubbish exceeding 75 pounds in
weight shall be collected at least once a month. (Section 4)
e. Dry rubbish or refuse may be burned by producers only with
permission of Town Council and only in approved incinerators at
specified hours. Such burning shall not create any dense smoke
or offensive odor. (Section 2)
f. Any person owning any garbage, refuse or rubbish and subject to
removal under this ordinance may arrange for disposal at the
disposal area. (Section 11)
2. Prohibited Activities
a. It shall be unlawful for any person to dispose or burn any
garbage, refuse or rubbish except as permitted in this ordinance
or by permission of the Town Council. (Section 2)
b. It shall be unlawful for any person to deposit or cause to be
deposited any garbage, refuse or rubbish upon any road or road-
way. (Section 9)
c. It shall be unlawful for any person transporting garbage, refuse
or rubbish to negligently allow the same to be blown or otherwise
removed from the vehicle in which it is being transported.
(Section 10)
V. ENFORCEMENT
1 <, Requirements for Contracts
The Town Council can advertise for bids for contract to remove
garbage, rubbish and refuse. (Section 4)
2. Liability for Violators
Contract may be suspended or voided by the Town Council for
violation of any of the provisions of this ordinance or the
contract. (Section 6)
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3. Penalties
A fine of not more than $50 nor more than 5 days or both at the
discretion of the Court may be levied. (Section 12)
4. Performance Bond
$5,000.00 (Section 5)
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GRAND ISLAND, NEBRASKA
I. NAME OF ORDINANCE
Chapter 15 of Grand Island City Code. Sections 1-37. Effective date
18 December 1968.
II. GENERAL STATEMENT
Definitions
a. Dead animals includes all small animals such as cats, dogs, and
rabbits, which die from any cause, but not large animals such as
goats, horses, mules and cows which shall die from any cause.
b. Garbage includes accumulations of animal, fruit or vegetable food
waste generated by or resulting from the decay, deterioration,
storage, preparation or handling of any animal and vegetable
matter in any place or at any point where food is prepared for
human consumption.
c. Refuse includes waste material from normal households or living
conditions and business operations other than garbage, but not
waste materials from building construction or repair, factory
wastes, or refuse industrial plants of any character.
d. Collection includes, in a residential district, not more than
three full thirty-two gallon garbage cans or two full thirty-two
gallon cans and any number of full baskets, boxes, sacks, or
bundles equal in volume to not exceeding one thirty-two gallon
garbage can.
e. Waste material includes all items, objects, or material not
included within the definition of garbage, dead animals or refuse.
(Section 15-1)
III. ADMINISTRATION
1. Responsible Agency
a. Department of Health (Section 15-2)
b. Department of Public Works (Section 15-18)
2. Functions and Powers
a. Department of Health
To enforce provisions of this chapter pertaining to the
collecting transporting and disposing, by approved methods,
of all garbage, refuse and waste materials within the city.
(Section 15-2)
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b. Department of Public Works
(1) To make required inspections. (Section 15-18)
(2) To approve equipment for permit application. (Section 15-15)
SCOPE OF LEGISLATION
1. Standards and Regulations
a. Responsibility
(1) It is the responsibility of the owner and occupant, where
garbage, refuse or waste material is created, to remove or
cause such to be removed. (Section 15-3)
(2) All dead animals such as horses, cows, mules and goats
and all construction waste shall be promptly disposed by
owner. (Sections 15-6 and 15-7)
b. Storage
(1) The owner or occupant shall provide sufficient watertight,
rodent and insect proof metal or plastic receptacles with
tightly fitting lid and handles. Such receptacles shall not
exceed 32 gallons capacity. Detached containers may be used
with permission of Department of Health. (Sections 15-18
and 15-19)
(2) Receptacles shall be kept clean. (Section 15-10)
(3) Receptacles shall be stored at rear of lot or at convenient
place on the premises. (Section 15-11)
(4) If receptacles are in a state of disrepair, the Department of
Health shall notify the owner. (Section 15-12)
(5) Wet garbage shall be securely wrapped prior to deposition
in container. (Section 15-13)
(6) Tall limbs and branches shall be tied in bundles not to
exceed 5 feet in length and 50 'pounds in weight. (Section
15-U)
c. Collection
(1) All licenses shall collectively maintain an answering service
from 8:00 a.m. to 5:00 p.m. Monday through Friday for the
purpose of receiving calls and complaints and prompt attention
be given to such calls. (Section 15-25)
(2) Any person may collect, cransport and dispose of his own
refuse, garbage and waste material if. an approved vehicle is
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used and if the vehicle is designed and covered so as to
prevent leakage, spillage, blowing and scattering of
materials. (Section 15-27)
. d. Transportation
All vehicles used by licensee shall have a watertight metal
body to prevent leakage and shall have a cover to prevent
blowing off and jarring of materials. (Section 15-17)
e. Disposal
Approved methods of disposal are:
(a) delivery to licensed collector
(b) burning or incineration (See Chapter 13 of City
Code)
(c) hauling to sanitary landfill
(d) disposal in home garbage disposal unit. (Section 15-2)
2. Prohibited Activities
a. It shall be unlawful for any licensee to refuse collection to any
person who has paid required fees. (Section 15-24)
b. It shall be unlawful to start collection in a residential district
before 6:00 a.m. (Section 15-26)
c. It shall be unlawful to deposit garbage or refuse in any place
other than a city operated Sanitary Landfill. (Section 15-37)
V. ENFORCEMENT
1. Requirements for Permits, etc,
a. A license is required for any person to collect or transport
garbage or refuse for hire except those operating lawn services
exclusively. Equipment must be approved by the Department of
Public Works. A garbage license shall cost $10 per year and a
refuse license $5 per year with licenses expiring on 30
September. (Section 15-15)
b. The maximum number of garbage licenses is seven,and the number of
refuse licenses is unlimited. (Section 15-16)
c. Licenses shall be automatically renewed from year to year if
required fees are paid, bonds tendered and inspections complied
with. (Section 15-20)
d. Licenses are not transferrable. (Section 15-22)
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e. Routes may be sold but purchaser must obtain new license.
(Section 15-23)
2. Inspection Procedure
All collection equipment shall be inspected at least twice
annually not later than 1 September and 1 April by the Department
of Public Works. (Section 15-18)
3c Liability for Violators
a. If any owner of a premises fails to comply with a written notice
to correct violations, it shall be the duty of the Department
of Health to prosecute. (Section 15-5)
b. If any licensee violates a provision of this chapter, the City
Council may summon the violator to appear and show cause why his
license should not be revoked. After such hearing, the City
Council may revoke said license. (Section 15-21)
4. Administrative Proceedings (Sections 15-4 and 15-12)
It shall be the duty of the Department of Health, where garbage has
gathered or receptacles are in disrepair, to notify the owner or
occupant to remove the same. Notice shall be in writing and
served in person or by leaving notice at premises. If no person
is in charge, notice shall be sent by registered mail to last
known address of owner. If notice delivered in person, cor-
rections must be completed within 3 days of notice; if notice is
sent by mail, owner has 10 days from date of notice to complete
corrections.
5. Performance Bonds and Insurance
a. Workmen's Compensation and Employee Liability $25,000.
b. Comprehensive general liability of not less than:
(1) $100,000 each person
(2) $300,000 each occurance for bodily injury or death
(3) $40,000 each property damage and $300,000 aggregate.
c. Automobile Liability of not less than:
(1) .$100,000 each person
(2) $300,000 each accident for bodily injury or death
(3) $50,000 each accident for property damage.
d. Surety bond of $5,000 for garbage licensees only. (Section 15-19)
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ALBUQUERQUE, NEW MEXICO
I. NAME OF ORDINANCE
"Municipal Refuse Collection Service'' Ordinance No. 1775, August
23, 1960.
II. GENERAL STATEMENT
Definitions
a. Ashes includes residue from the burning of wood, coal, coke, or
other combustible materials.
b. Garbage includes putrescible animal and vegetable wastes resulting
from the handling preparation, cooking, and consumption of food.
c. Refuse includes, but is not limited to, all putrescible and non-
putrescible solid wastes (except body wastes) such as garbage,
rubbish, ashes, petroleum products (including gasoline, kerosene,
oil, grease and the like, whether new or used), street cleanings,
dead animals and industrial wastes.
d. Rubbish includes, but is not limited to, all non-putrescible solid
wastes (excluding ashes), such as abandoned automobiles, and
solid both combustible and noncombustible wastes such as paper,
cardboard, cans, wood, yard clippings, leaves, dirt, grass, bedding,
crockery and similar materials, (Section 2)
III. ADMINISTRATION
1. Responsible Agency
City Manager
2. Functions and Powers
a. To make changes and revoke regulations. (Sections 3 & 4D3)
b. To permit producers to use sanitary landfill to deposit own
refuse. (Section 4D2)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. General
(1) All refuse shall be collected, conveyed and disposed of
by the City except as provided herein.
(2) Actual producers of refuse or owners of premises where
refuse is produced may personally collect and dispose of
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their own refuse if they comply with provisions of this
ordinance. (Section 3)
b. Recollection Storage
(1) Garbage, ashes and rubbish shall be kept in separate
containers.
(2) All garbage and rubbish shall- be drained and wrapped prior
to being placed in the can.
(3) Tree trimmings and similar material shall be securely tied
in bundles not to exceed 4 feet in length and two feet in
diameter.
(4) All containers must be maintained in good condition and
defective containers must be promptly replaced.
(5) Garbage containers shall be of galvanized metal or stainless
steel, equipped with suitable handles, tight-fitting covers,
and be watertight. The capacity shall not exceed 30 gallons
and weigh no more than 75 pounds when full. Ash containers
shall be the same except the maximum capacity shall be 20
gallons,
(6) Rubbish containers shall be suitable for the purpose and
not exceed 75 pounds when full.
(7) Commercial and business establishments shall use galvanized
metal bins. (Section 4)
c. Collection
(1) The City Manager shall decide frequency of collection.
(2) The City shall collect a reasonable accumulation of refuse.
(3) Contageous, inflammable or explosive materials shall not
be placed in regular containers, but shall be disposed of as
directed by the City Manager. (Section 5)
d. Transportation
Producers of refuse may dispose of own waste material if it
does not fit in the definition of refuse and if the vehicle
used is watertight and operated so as to prevent the spillage
and/or dripping of materials. (Section 5D)
e. Disposal
Disposal shall be outside city limits unless at sanitary
landfill or otherwise authorized by the City Manager.
(Section 5D)
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2. Prohibited Activities
a. It shall be unlawful for any person to collect, convey or dispose
of any refuse except as provided in this ordinance. (Section 3)
b. It shall be unlawful to place any refuse on any public or private
property or body of water except as herein required for collection.
(Section 4D1)
c. It shall be unlawful to allow accumulation of refuse to become a
nuisance. (Section 4D2)
d. It shall be unlawful to place any refuse in a manner where it mav
be scattered by the elements. (Section 4D3)
e. It shall be unlawful to burn garbage without the permission of the
City Manager. (Section 7) '
V. ENFORCEMENT
Penalties
Violation of this ordinance is a misdemeanor punishable by a fine
of not more than $300 and/or imprisonment not to exceed 90 days.
(Section 10)
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HYDE PARK, NEW YORK
I. NAME OF ORDINANCE
Refuse Disposal Regulations of the Town of Hyde Park, Ordinance No.
6, February 2, 1959.
II. GENERAL STATEMENT
1. Declaration of Policy
The purpose is to provide the necessary rules, standards, and
procedure for the disposal of refuse in order to promote the
public health, safety and general welfare of the municipality.
(Article 2)
2. Definitions
a. Contractor includes any private refuse collector as may be duly
authorized by permits issued by the Town Board of Hyde Park to
supply the service of refuse collection and disposal within the
Township. (Article 3)
b. Premises includes land, buildings or other structures, vehicles
or parts thereof. (Article 3)
c. Refuse includes all solid wastes of a community, including garbage,
ashes, rubbish, market and industrial wastes, but not including
body wastes. (Article 3)
d. Garbage includes animal and vegetable wastes resulting from the
handling, preparation, cooking and/or consumption of foods.
(Article 9)
e. Ashes includes residue from the burning of wood, coal, coke, or
other combustible materials. (Article 9)
f. Rubbish includes non-decomposable solid waste, consisting of
paper, cardboard, tin cans, glass, crockery, metals and similar
materials. (Article 9)
III. ADMINISTRATION
1.' Responsible Agency
The Town Board and the Town Highway Department
2. Functions and Powers
a. To issue licenses or permits. (Article 5)
b. To inspect and supervise disposal site. (Article 8)
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IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. Refuse acceptable for collection: garbage; ashes; rubbish.
(Article 9)
b. Garbage shall be drained and stored in durable, rust-resisting,
nonabsorbent, watertight, and easily washable containers, which
have close-fitting covers and adequate handles, and are of not
more than 20 gallons in capacity. (Article 9C,1)
c. Ashes shall be stored in fire-reuistant containers with close-
fitting covers, not greater than 20 gallons in capacity.
(Article 9C,2)
d. Rubbish shall be stored in durable containers with close-fitting
covers. (Article 9C,3)
e. All household refuse shall be collected at least once weekly in
high density population areas. (Article 9D,1)
f. All institutional, business and industrial refuse shall be
collected at least twice weekly. (Article 9D,2)
g. All vehicles shall have enclosed bodies, or suitable provision
for the covering of the body to prevent littering. (Article
9E.1)
h. All vehicle shall have metal bodies of easily cleanable con-
struction, shall be cleaned at sufficient frequency, and shall
be maintained in good repair. (Article 9E,2)
i. All disposal of refuse shall be by methods in accordance with
requirements of state and local law. (Article 10)
2. Prohibited Activities
a. It shall be unlawful to place, collect, deposit any refuse, except
as designated. (Article 4A)
b. It shall be unlawful to permit refuse to accumulate on any
premises in any other manner than as provided. (Article 9C,5)
3. Approved Operations of Solid Waste Facilities
Sanitary landfills shall be designed, operated and maintained
so that:
(1) Refuse is compacted into layers of approximately one-fourth
of the original refuse volume.
(2) Bulky waste material may not be used for final surface or
side slopes.
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(3) All exposed surfaces are covered with at least six inches of
earth at the end of each operation.
(4) The final earth covering shall consist of compacted earth
depths of not less than 24 inches.
(5) Cracks, depressions and erosion of earth covering shall be
promptly repaired.
(6) Surface water is properly drained, or treated with effective
chemicals.
(7) Measures shall be taken to prevent the scattering of light-
weight materials, dust control, and otherwise preventing local
nuisance or the breeding of rodents.
(8) Adequate equipment is to be provided.
(9) Scavenger wastes shall not be deposited in sanitary landfills
unless approved.
(10) No material shall be burned after placement in the fill.
Burning of refuse shall be restricted to readily combustible
materials burned during daylight hours.
(11) No scavenging shall be permitted except undar a special
permit. (Article 10)
V. ENFORCEMENT
1. Requirements for Licenses
It shall be unlawful to conduct refuse collection and disposal
without a license or permit issued by the Town Clerk upon the
approval of the Town Board, after payment of $50.00 per year.
(Article 5)
2. Inspection Procedure
A representative of the Town Highway Department is empowered to
inspect and supervise disposal site conditions at all times. The
frequency of such inspections and the filing of inspection reports
.will be as designated by the Town Board.
3. Liability for Violators
Upon violation of any provision of this Ordinance, the Board may
suspend or revoke any permit or license. (Article 6)
4. Administrative Proceedings
In case of violation of any provision of this Ordinance, the
Town Board shall give notice of such alleged violation. The
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responsible person shall be allowed a time, not to exceed 10
days, for the performance of any act it requires. Upon non-
compliance the Board may suspend or revoke any permit or
license. (Article 6)
Penalties
Any person who violates any provision of these regulations shall
be punished by a fine of not more than $100.00. (Article 11)
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RED HOOK, NEW YORK •
I. NAME OF ORDINANCE
Refuse Disposal Regulations, June 21, 1962 (Article 1)
II. GENERAL STATEMENT
1. Declaration of Policy
To regulate and license the operation of refuse disposal areas
and to prohibit the dumping of refuse, garbage and rubbish in
an open area without being treated. (Article 2)
2. Definitions
a. Refuse includes all putrescible and non-putrescible solid wastes
including garbage, rubbish, ashes, street cleanings, dead animals,
offal and solid commercial and industrial wastes.
b. Garbage includes waste food, papers, dead animals or parts thereof
and all waste or discarded wood, lumber or vegetable matter of
any kind, or any other matter which shall be inflammable or cap-
able of fermentation or decay.
c. Rubbish includes waste metal, tin cans, ashes, cinders, glass,
pottery and all discarded substances of a solid and combustible
nature.
d. Refuse Disposal includes the use of a dosposal area for an accumu-
lation of refuse for profit or use of a disposal area for an
accumulation of refuse and confined to collection of refuse from
a single family. (Article 3)
III. ADMINISTRATION
1. Responsible Agency
Town Board
2. Functions and Powers
.a. To approve issuance of licenses. (Article 5)
b. To revoke or suspend licenses. (Article 8)
c. To inspect and supervise disposal area. (Article 6)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
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The owner and occupant of premises shall be responsible for
sanitary condition of those premises. (Article 4)
2. Prohibited Activities
a. It shall be unlawful to place or deposit any refuse on any
premises except as provided in this ordinance. (Article 4)
b. It shall be unlawful to any person to carry on or conduct a
refuse disposal business without a permit. (Article 5A)
3. Solid Waste Facilities
»
a. The refuse disposal area shall be maintained in safe and sanitary
manner at all times.
b. The Board may inspect and supervise the area at all times.
c. The area shall observe the following procedures:
(1) There shall be a six (6) inch daily cover and suitable
final cover.
(2) Each layer shall be \ of the original refuse volume.
(3) Bulky waste material shall be placed in fill and shall not
be used for side slopes or final surface.
(4) Cracks, depressions and erosion must be promptly repaired.
(5) The surface shall be drained or treated to prevent mosquito
production and odors,
(6) Suitable measures to prevent scattering of material and to
control dust and breeding of insects shall be taken.
(7) There shall be no burning after placement in the fill.
(8) There shall be no scavenging without a special permit.
(Article 6)
d. The area shall not obstruct natural drainage channels or be in
area subject to flooding unless adequate precautions taken.
(Article 7)
e. The area shall not be located where public or private water
supplies might be polluted. (Article 8)
V. ENFORCEMENT
1. Requirements for Licenses
a. Application must be made on forms approved by Town Board.
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b. The clerk will issue license after approval by Town Board.
c. A license is valid for one year and may be renewed, but it may not
be transferred. (Article 5)
2. Inspection
The Town Board may inspect Refuse Disposal Area. (Article 6B)
3. Liability for Violators
Violation of this ordinance shall result in immediate forfeiture of
any license held by the violator. (Article 8B)
4. Administrative Proceedings
a. A license may be revoked by the Town Board after a public hearing
at which the licensee shall have the opportunity to be heard.
(Article 5F)
b» The Town Board may notify licensee by ordinary mail of existing
violations, and if said violations are not corrected within a
reasonable time set by the Board and in no event later than 10
days from the date of said notice, the Town Board may suspend or
revoke the license of said licensee. (Article 8C)
5. Penalties
Violation of a provision of this ordinance is a misdemeanor, and
upon conviction, violator may be punished by a fine not to exceed
$100 and/or more than 10 days in jail. Each day of violation is
a separate offense.
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ROCHESTER, NEW YORK
I. NAME OF ORDINANCE
Rochester Code, Public Works - Article II, Garbage, Refuse and
Waste Collection and Disposal, 1958.
II. GENERAL STATEMENT
1. Declaration of Policy
To protect and promote the health, safety and welfare of the
people of Rochester.
2. Definitions
a. Garbage includes all putrescible animal or vegetable wastes
resulting from the handling, preparation, cooking and con-
sumption of food in any private dwelling house, multiple dwel-
ling hotel, restaurant, building or institution.
b. Rubbish includes all cardboard, plastic, metal or glass food
containers, waste paper, rags, sweepings, small pieces of wood,
excelsior, rubber, leather, and similar waste materials that
ordinarily accumulate around a home, business or industry. It
shall not include garbage, ashes, bulk refuse, dead animals,
hazardous refuse, industrial waste or building waste resulting
from the operations of a contractor.
c. Mixed refuse includes garbage and rubbish placed and stored to-
gether in a standard refuse container or in a substitute refuse
container as required by this ordinance.
d. Ashes includes residue of the combustion of solid fuels.
e. Bulk refuse includes discarded household furniture, bedding and
mattresses, leaves, lawn cuttings, tree trimmings and hedge
trimmings, large appliances and other bulky household material
too large to place in standard refuse container.
f. Dead animals includes animals that have died naturally or have
been accidentally killed. Animals or parts of animals from
slaughterhouses are not included in this category.
g. Hazardous refuse includes any refuse, the handling or disposal
of which, in the opinion of the Commissioner, would constitute a
danger to city employees or to city property.
h. Household waste includes mixed refuse, ashes and bulk refuse
originating in and around private dwellings, multiple dwellings,
fraternity houses, living quarters or dining facilities located
in schools, colleges or universities.
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i. Institutional waste includes mixed refuse and ashes originating
in and around tax exempt hospitals and public, charitable, phil-
anthropic or religious institutions conducted for the benefit of
the public or a recognized section of the public. Institutions
not covered by the foregoing definition shall be considered
commercial establishments.
j. Commercial waste includes rubbish, mixed refuse and ashes origi-
nating in and around commercial establishments, industrial
establishments, hotels, restaurants, cafeterias and nonpublic
institutions. It shall not include wooden pallets, trade-in
furniture and appliances, or other types of discarded merchandise.
k. Industrial waste includes any and all residue resulting directly
from industrial or manufacturing operations. It shall not include
waste originating from commercial operations of an industrial
establishment, nor shall it include waste resulting from the
commercial operations of persons, firms or corporations engaged
in the construction of buildings, the repairing of streets and
buildings, demolition or excavation. Residue or waste resulting
from tree or landscaping services shall be excluded.
1. Building waste includes any and all refuse or residue resulting
directly from building construction, reconstruction, repair or
demolition; from grading, shrubbing or other incidential work in
connection with any premises; or from replacement of building
equipment or appliances.
III. ADMINISTRATION
1. Responsible Agency
Department of Public Works
2. Functions and Powers
a. To provide for public collection and disposal service. (Section
20-14)
b. To draft and publish regulations pertaining to the public
collection and disposal of wastes. (Section 20-14)
c. To issue licenses for collection of refuse. (Section 20-26)
d. Enforcement of licensing ordinance. (Section 20-26A)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. Ashes shall be stored in separate standard containers.
(Section 20-15)
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b. Garbage shall be drained of water, securely wrapped in paper,
and deposited in a standard container. (Section 20-16A)
c. Bulk refuse shall be placed at the curb, between the curb and
sidewalk. Lawn cuttings shall be placed in standard containers
or in loose piles. Tree trimmings shall be securely tied in
bundles not heavier than (75) pounds, not less than three (3)
feet in length nor more than (18) inches in diameter.
(Section 20-16C) Leaves shall be placed between the curb and
sidewalk in piles. (Section 20-16f)
d. Building waste from minor repairs shall be placed in separate
standard containers. (Section 20-16d)
e. Standard containers shall be of galvanized iron, shall have
handles and tight fitting covers, shall be watertight, and marked
for identification by the owner. They shall not exceed twenty -
four (24) inches in height nor eighteen (18) inches in diameter
and shall have a capacity of not. less than eighteen (18) gallons
nor more than twenty-two (22) gallons. (Section 20-17) The
city assumes no liability for damages to containers manufactured
of materials other than galvanized iron.
f. The department shall collect garbage and household waste at
least once each week. It shall not collect commercial waste at
public expense more frequently than twice each week. Special
services on Saturdays, Sundays, or holidays, shall be at double
the normal rate per load or fraction thereof. (Section 20-20)
g. Galion E-Z Pack front end loading type containers or equal may
be substituted in place of standard refuse containers upon
issuance of a permit by the Commissioner of Public Works.
(Section 20-21)
h. Incinerators may be operated provided the operation of such
incinerators does not emit smoke, dirt, noxious gases, fumes or
odors in violation of the provisions of the Municipal Codes and
no fire hazard is created. (Section 20-23)
i. Dead animals, weighing less than 100 pounds shall be removed by
the department on request. Dead animals weighing 100 pounds or
over shall be removed by the Department upon the payment of a
ten dollar fee. (Section 20-24)
j. In the event of a public emergency, the Commissioner may provide
by contract for the public collection, removal and disposal of
garbage, refuse and waste. (Section 20-25)
k. Collection trucks shall have watertight enclosed bodies. They
shall be so equipped as to prevent the leakage or spillage of
their contents.
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1. Acceptable solid wastes, originating within the city and trans-
ported to a designated city-operated landfill by any person
shall be accepted by the department for disposal during designa-
ted hours of operation. (Section 20-27)
2. Prohibited Activities
a. It shall be unlawful to burn garbage or mixed refuse in an open
fire or in a metal basket, can or drum. (Section 20-23)
b. It shall be unlawful to use city landfill areas for the disposal
of refuse originating outside the City of Rochester. (Section
20-28)
c. It shall be unlawful for any person to interfere with or remove
any container which has been placed for collection except
employees of the department in execution of their duties.
ENFORCEMENT
1. Requirements for Licenses (Section 20-26)
a. No person shall collect solid waste without having obtained
from the Commissioner a license.
b. All applications shall be in writing and shall contain such
information as the Commission shall require and shall be verified
by the applicant.
c. The license fee shall be $12 a year for each and every truck.
d. Renewal licenses shall be issued in the same manner and subject
to the same conditions as original licenses.
e. No license or permit shall be transferable.
f. No license shall be issued to a person who has been convicted for
violation of the ordinance or a person whose license has been
revoked for one year after such revocation.
2. Inspection Procedure
All collection trucks shall be available for inspection prior to
the issuance of any license. (Section 20-261)
3. Liability for Violators
The Commissioner has the power to suspend or revoke a license for
violation of any law or code relating to solid waste. He shall
revoke a license in the event that the insurance policy is
cancelled or has expired. (Section 20-26g)
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4. Administrative Proceedings
The Commissioner shall suspend or revoke a license after a
hearing. He may revoke summarily the license of any person con-
victed of violation. The clerk of Police Court shall promptly
notify the Commissioner issuing the license of any such con-
viction. (Section 20-26g)
5. Penalties
Violation of any of the provisions of this law is punishable by
a fine not exceeding $150 or imprisonment not exceeding fifteen
(15) days or by both, or by a penalty of not less than $5, nor
more than $500.
6. Insurance Policies
Licensed collectors shall previously have filed liability
insurance policies. Each policy shall be in the limits of not
less than $50,000 for each person, and $100,000 for each
accident relating to bodily injury, and $25,000 for property
damage for each accident and $50,000 aggregate for property
damage liability. (Section 20-26A)
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HAMILTON, OHIO
I. NAME OF ORDINANCE
Chapter 55 Refuse, Codified Ordinances of Hamilton, Ordinance No.
6770, May 19, 1965, as amended by Ordinance No. 7177 and Ordinance
No. 7126.
II. GENERAL STATEMENT
1. Definitions
a. Garbage includes animal and vegetable waste resulting from the
handling, preparation, cooking and serving of food for human
consumption from home kitchens, stores, markets, restaurants,
hotels, institutions and other places where food is stored,
prepared or served. It does not include food-processing wastes
from canneries, slaughterhouses, packing plants or similar
industries nor large quantities of condemned food products.
b. Refuse includes all solid wastes including garbage, rubbish,
ashes, small dead animals, and all other similar wastes, that are
useless, unused, unwanted, or discarded, either organic or
inorganic, combustible or non-combustible and putrescible or
non-putrescible, resulting from normal activities.
C. Refuse disposal site includes places designated by the Director
of Public Works for the purpose of disposing of refuse.
d. Rubbish includes both combustible and noncombustible, non-
putrescible solid waste materials from homes, commercial establish-
ments and institutions other than garbage and small dead animals.
Rubbish consists of paper, rags, glass, ashes, yard trimmings,
leaves, tin cans, old clothing, crockery, cardboard, wood, metals,
sweepings and all other similar wastes.
e« Small dead animals includes dogs, cats, rabbits, squirrels, rats
and similar size animals that die naturally, form disease or are
accidentally killed. It shall not include horses, cows, goats,
sheep, hogs and similar size animals or any animals that are
condemned, or from slaughterhouses, rendering plants, veterinari-
ans, or other like establishments. (355.01)
III. ADMINISTRATION
1. Responsible Agency
The Directors of Health and Public Works, the Chiefs of Fire
and Police.
2. Functions and Powers
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a. To enforce the provisions of this chapter and other regulations.
(355.02a)
b. To provide for the collection and disposal of refuse. (355.02b)
c. To establish and publish regulations pertaining to the keeping,
collection, hauling, removal and disposal of refuse. (355.02b)
d. To issue licenses for collecting, transporting, or disposing of
refuse. (355.09a)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. All refuse shall be drained of all liquid and wrapped in paper.
355.03a)
b. Ashes shall not have smoldering embers. They shall be dry and
placed in approved containers. (355.03b)
c. The bundle shall not exceed 4 feet in length, 2 feet in diameter,
nor weigh more than 60 pounds. (355.03c)
d. Each householder or commercial establishment shall provide
sufficient containers. The containers shall be of galvanized
iron or other non-rusting material, with two metal handles and
tight fitting lids, water tight, and shall have a capacity not
in excess of 27 gallons or weigh more than 60 pounds. All
containers shall be kept in sanitary condition and disinfected
when necessary. (355.04)
e. Containers shall be placed adjacent to alleys or curbs, but not
within the alley or street pavement. (355.05a)
f. The City shall collect all garbage and rubbish at least once
every week. (355.06a)
g. A commercial establishment may transport and dispose of refuse
by using the services of a private collector. (355.06b)
h. Small dead animals shall be collected at least once each 24
hour period. (355.06f)
i. The following refuse shall not be accepted at any City disposal
site: dangerous materials; bulky caterials; and large quantities
of refuse, liquids or solids. (355.06h)
j. The use of private disposal sites shall be permitted provided
they are not a nuisance. If burning is practiced, the approval
of Fire Chief and the Director of Health is required. (355.08)
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2. Prohibited Activities
a. It shall be unlawful to use the City Collection and disposal
services for any outside refuse. (355.061)
be It, shall be unlawful to place infectious materials or hazardous
materials in any refuse container. (355.10a)
c. It shall be unlawful to throw any refuse in any place except in
a heating plant or incinerator. (355.10b)
d. It shall be unlawful to accumulate any refuse for a longer period
of time than between two consecutive collection dates. (355.10c)
e. It shall be unlawful to throw any refuse upon any highway, public
or private ground, etc. (355.10d)
f. It shall be unlawful to use any refuse for filling, except
solid fill material that is non-combustible and non-putrescible.
(355.10e)
V. ENFORCEMENT
1. Requirements for Licenses
All persons collecting, transporting or disposing of refuse
shall be licensed by the Director of Finance. The fee shall be
$10,00 per year. (355.09a)
2. Liability for Violators
If any licensed collector violates the provisions of this
ordinance, the license of such person will be revoked.
(355.09c)
3. Administrative Proceedings
Five days notice shall be given by the City of the intention to
revoke license, during which time the licensee may ask for a
hearing. The decision of the City Manager after such hearing
shall be final. (355.09c)
4. Penalties
Any person violating the provisions of this chapter shall be
guilty of a misdemeanor and fined in anv sum not to exceed
$100. (355.11)
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ASTORIA, OREGON
I. NAME OF ORDINANCE
Articles 1-10 Refuse Collection - Rules and Regulations (Cited as
Sec. ), Astoria Code Chapter 4 - Sanitation (Cited as Sec. 4.0
)s November 5, 1946 and later amended.
II. GENERAL STATEMENT
1. Declaration of Policy
The City Council finds that the maintenance of health and sanita-
tion requires compulsory and universal collection, removal and
disposal of refuse. (Section 4.000)
2. Definitions
a. Ashes includes solid waste products of coal, wood and other fuels
and use for heating and cooking, for all public and private
establishments and residences,
b. Disposal area includes any area designated or provided by the
City Council for the purpose of disposal of refuse.
c. Garbage includes all putrescible wastes, except sewage and body
wastes, vegetables wastes, animal offal and carcasses of dead
animals, and all substances from all public and private establish-
ments and residences, but excluding recognized industrial by-
products .
d. Industrial refuse includes solid waste materials from factories,
processing plants or other manufacturing enterprises. The words
include putrescible garbage from food processing plants and
slaughterhouses, condemned foods, building rubbish and miscel-
laneous manufacturing refuse.
e. Refuse includes ashes, garbage, rubbish, swill and all other
putrescible and non-putrescible wastes, except sewage, from all
public and private establishments and residences.
f. Rubbish includes all non-putrescible waste materials, except
ashes, which are rejected, abandoned or discarded by the owners
or producers thereof as offensive, useless or no longer desired
by producers thereof, and which, by their presence or accumula-
tion may affect injuriously the health, comfort or safety of the
community by increasing disease or hazard by fire. The term
includes paper, cartons, boxes, bottles, cans, wood, tree branches,
yard trimmings, furniture, bedding, metals, dirt, glass, crockery
and similar substances or materials of the nature described
from all public and private establishments and residences.
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g. Swill includes refuse accumulation of animal, fruit or vegetable
matter, liquid or otherwise, that attends the preparation, use,
cooking, dealing in or storing of meat, fish, fowl, fruit and
vegetables, that is subject to decay and the attraction of flies
or rodents. (Section 4.005)
III. ADMINISTRATION
1. Responsible Agency
Sanitary Service Division (Public Works Director and Sanitary
Engineers). (Section 2.01)
2. Functions and Powers
a. To supervise all collecting and disposal. (Section 2.01)
b. To set hours of operation for disposal. (Section 3.01)
c. To give permits to transport industrial refuse. (Section 9.01)
d. To supervise sanitary landfill. (Section 3.05)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a.. Collection
(1) The occupant of any building and every other person having
refuse, shall provide a container and keep it easily acces-
sible to the collector. (Section 4.040)
(2) The City may require separation of refuse into ashes, rub-
bish, and garbage. (Section 4.030)
(3) All refuse shall be placed in watertight, galvanized metal
container of not more than 30 gallons in capacity. The con-
tainer, when empty, shall weigh no more than 25 pounds and
when full, no more than 75 pounds. Container shall be
strong, have handles at side, have tight fitting lid, be
kept clean and continuously closed except when refuse is
being dumped into or removed there from. (Section 4.035)
(4) Containers shall not be overloaded to point where covers
can not be placed in container or to point where one man can-
not lift up the container. (Section 8.01)
(5) The customer must place refuse in containers and keep the
area around the container in a neat and sanitary condition.
(Section 8.02)
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(6) Special pick up materials shall be placed by customer at
the container or as near thereto as possible. (Section
8.04)
(7) Kitchen refuse must be drained of all moisture and com-
pletely wrapped in paper prior to being placed on a con-
tainer. Ashes and soot must also be drained. (Section
8.07)
(8) Customers must keep containers clean. (Section 8.08)
(9) Customers must provide and replace refuse containers.
(Section 8.10)
(10) Collection shall be at least once a week. (Sections 4.035
& 4.045)
(11) All vehicles used in collection must be so constructed
as to prevent the content from falling or spilling there-
from. (Section 4.050)
(12) All vehicles used in collection must be painted a uniform
color, with name of collector and number of truck clearly
printed on each side of the vehicle. The vehicles shall
be kept neat and clean at all times. (Section 5.02)
(13) Employees of the Collector shall be courteous, clean, quiet and
careful at all times, shall be clearly idenfiable by means
of uniform or a badge, shall return receptacles to location
from which they were taken and replace the covers, and
shall not unnecessarily trespass on private property. The
employees shall not be required to expose themselves to
animals. (Sections 6.01 and 6.04)
(14) The Collector must keep daily reports of all refuse col-
lected and publish fee and collection schedules. (Section
7.01)
Disposal
(1) Delivery of refuse to disposal area shall be made on same
day that such refuse is collected. (Section 4.045)
(2) No refuse produced outside city units may be deposited in
disposal areas except as provided in the code. (Section
4.055)
(3) Disposal shall be by methods specifically approved by
State Board of Health and in area directed to by person in
charge. (Section 4.055)
(4) Persons who produce rubbish may transport it themselves to
the disposal area and deposit after payment of the neces-
sary fees. (Section 4.065)
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2, Prohibited Activities
a. It shall be unlawful to place explosive or inflammable materials
in containers. (Section 8.03)
b. It shall be unlawful to fill containers with dishwater or other
liquid or semi-liquid kitchen wastes which are properly dis-
passable down the sanitary drains. (Section 8.06)
c. It shall be unlawful to use community refuse containers except
at apartment houses and at other buildings where garbage dis-
posals are provided as part of lease or rent price. (Section
8.09)
d. It shall be unlawful for any person to keep or deposit refuse
on any private grounds or disposal and except as specified in
this code. (Section 4.040)
e. It shall be unlawful for any person to deposit or bury rubbish
or garbage except at the disposal area. (Section 4.125)
f. It shall be unlawful to burn garbage or rubbish except at the
disposal site. An exception is paper boxes, and garden trash
which may be burned on private property in furnaces or another
manner, if a special permit is received from Fire Department.
(Section 4.125)
g. It shall be unlawful for any person to dump or deposit any
waste material upon property owned by another without written
consent of owner or legal occupant of said property.
(Section 4.130)
h. It shall be unlawful for any person to dump, place, or deposit
any waste material on any public street, alleyway, park or lot
of the city without prior written consent of the Public Works
Director, (Section 4.135)
i. It shall be unlawful for any person to transport industrial
refuse produced by such person on or through any street or
public place without permit from Public Works Director.
(Section 4.140)
3. Approved Operations of Solid Waste Facilities.
a. Disposal area shall be open in accordance with a posted schedule
set by the Director of Public Works. (Section 3.01)
b. The city can refuse admission to or use of disposal area at any
time to persons the Public Works Director may deem objection-
able. (Section 3.02)
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c. All commercial and industrial producers or collectors of refuse
who use disposal area must have a permit. These are obtainable
at disposal area. This section does not apply to contract
collector. (Section 3.03)
d. The open face of the landfill area shall be covered regularly
with earth and in no case shall this open face be left open
longer than one week. (Section 3.06)
e= No burning shall be permitted in the disposal area unless
approved by the Public Works Director. (Section 3.07)
f. The city shall take all precautions to control rodent and pests
and to exterminate when necessary. (Section 3.08)
g. The city may refuse to permit the deposit of certain undesirable
materials such as refrigerators, car bodies, bathtubs and other
such materials. (Section 3.09)
ENFORCEMENT
1. Requirements for Permits, etc.
a. The city may contract for collection and disposal of refuse.
The contract shall be exclusive and for a period not to exceed
five years, with extensions available. The contract shall be
by bid. (Sections 4.060 and 4.01)
b. No person shall collect or transport garbage or rubbish unless
such person is contractor, employee, or agent of the city.
(Section 4.065)
c. A permit from the Director of Public Works is required to trans-
port industrial refuse. (Section 9.01)
d. No contract or any interest herein may be sold, assigned, mortaged
or otherwise transferred without consent of the. Astoria Council.
(Section 4.095)
2< Inspection Procedure
a. The equipment of the collector may be inspected by the Director
of Public Works at any or all reasonable times. (Section 5.02)
b. The city may inspect, audit, and copy the contractor's records
upon notice at all reasonable times. (Section 4.085)
3» Liability for Violators
a. If a health officer determines that a container violates require-
ments and/or is detrimental to the public health and welfare, the
officer may confiscate and destroy the container. (Section
4.035)
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b. Any contract may be terminated by the city upon 60 days written
notice if contractor fails to comply with the code or rules and
regulations. (Section 4.090)
4. Performance Bonds and Insurance
a. A surety bond of $5,000 conditioned upon compliance with code
and rules and regulations. (Section 5.080)
b. Prior to operation of collection "vehicle, the following insurance
requirements must be met:
(1) $25,000 for death or injuries to any one person in any
one accident
(2) $50,000 for death or injuries to 2 or more persons in any
one accident
(3) $10,000 for property damage resulting from any one accident
such policy shall cover the city, members of council and
its officers, employees and agencies, and the collector.
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SALEM, OREGON
I. NAME OF ORDINANCE
'•Refuse Collection and Disposal Ordinance of the City of Salem.''
Ordinance amending Chapter 17 of City Code June 29, 1965.
II. GENERAL STATEMENT
1. Definitions
a. Ashes includes residue of the combustion of solid fuels.
b. Bulk includes discarded household furniture, bedding and mattres-
ses, leaves, yard trimmings, appliances, building wastes, and
other non-putrefactive and non-hazardous materials too large to
be placed into containers.
c. Garbage includes all classes of putrefactive and easily decom-
posable animal or vegetable matter, wastes produced from the
handling and preparation of food, and tin cans originally used
for foodstuffs.
d. Hazardous refuse includes any refuse, including explosives,
petroleum derivitives, or highly contaminated materials, which
in the opinion of the Director of Public Works or the Marion
County Health Officer would constitute a danger to collection
personnel or to anyone who may come in contact with such refuse.
e. Refuse includes any kind of solid waste material such as ashes,
bulk wastes, garbage, dead animals, abandoned automobiles,
rubbish or trash.
f. Rubbish includes cardboard, plastic, metal, glass, paper, rags,
sweepings, wood, rubber, leather and similar waste materials that
ordinarily accumulate on premises, but not including garbage,
ashes, bulk refuse, dead animals or hazardous refuse. (Section
17.2)
III. ADMINISTRATION
1. Responsible Agency
Director of Public Works (Section 17.3)
2. Functions and Powers
a. To call upon the Health Officer, Police Chief and Fire Chief for
assistance in obtaining compliance with orders issued by him.
b. To arbitrate or to provide for arbitration of any and all dis-
putes arising between contract collectors and citizens.
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c. To suspend licenses upon reasonable notice. (Section 17.3)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. Collection
(1) Garbage shall be drained and wrapped, then deposited in
approved refuse container. (Section 17.4a)
(2) Ashes shall be cool prior to depositing. (Section 17.4b)
(3) All rubbish, except bulky items, shall be promptly deposited
In approved refuse container. (Section 17.4d)
(4) Bulk refuse may be placed in box or barrel. Newspapers and
magazines shall be securely tied. (Section 17.4d)
(5) Containers shall be kept in convenient place. They shall be
not easily corrodible, have tight covers and be equipped
with suitable handles. The capacity of residential containers
shall be between 5 and 30 gallons. Containers shall be
kept closed except when being filled or emptied. Containers
shall not weigh more than 80 pounds when full. (Section
17.5)
(6) Only authorized collector shall collect ashes, bulk, garbage,
refuse and rubbish in city. (Section 17.8)
(7) All refuse shall be collected in metal, enclosed packer-
type vehicles, kept in good condition and repair, and so
constructed that the content will not spill, seep, leak,
or blow from the vehicle. Vehicles must be kept clean and
sanitary. (Section 17.11)
(8) Collector shall not litter premises and shall repair or
replace at his expense containers damaged as a result of
his handling. (Section 17.12)
(9) Garbage collections shall be made daily except Sunday from
businesses and at least once weekly from residential areas.
Non-putrescible refuse or rubbish shall be collected less
frequently, but in no case shall non-putrescible refuse
be allowed to accumulate longer than fifteen days. (Section
17.12)
b* Storage
Containers shall be kept or placed at rear of the house, or
in unlocked passageway at ground level and accessible to the
collectors. Containers shall not be kept or placed upon
street, sidewalk or other public place. (Section 17.6)
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c. Disposal
(1) Sanitary Landfill
(a) All ashes, bulk, garbage, refuse and rubbish shall be
delivered to landfill furnished and maintained by col-
lector or at landfill where he has contract to use for
disposal. Collector shall provide and use necessary
equipment so as to assume daily covering, adequate
compaction, and control of dust, litter, insects, rodents
and fire.
(b) Vertical or sloping ends of daily fills may be covered
with a minimum of one foot of earth.
(c) Collector must provide access road and shall insure
presence of employee site at all times.
(d) Public may use site upon payment of proper changes.
(Section 17.13)
(2) Onsite Disposal
Garbage and other combustible wastes may be disposed
within the "building where it accumulates, or within
a closed building accessory thereto, by complete
incineration of such garbage or wastes in such a manner
as to create no noxious odors, fire hazard, smoke or
other nuisance or by grinding or shredding it finely
and disposing of it through pipes leading to a public
sanitary sewer. (Section 17.14)
2. Prohibited Activities
a. It shall be unlawful for owner or occupant to allow garbage or
refuse to collect and remain upon the premises. (Section 17.6a)
b. It shall be unlawful for any person vacating premises to fail to
remove garbage, rubbish, refuse or ashes from premises or fail
to place premises in sanitary condition 24 hours after premises
vacated. (Section 17.6b)
C. It shall be unlawful to litter or to disturb the contents or
remove the lid of any container. (Sections 17.7 & 17.8)
d. It shall be unlawful to scavenge at any sanitary landfill site.
(Section 17.13)
e. It shall be unlawful for any person to burn or attempt to burn
garbage, hazardous materials, bulk, refuse and rubbish in open
places. (Section 17.15)
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V. ENFORCEMENT
1. Administrative Proceedings
The Director of Public Works shall have the power to arbitrate or
to provide for arbitration of any and all disputes arising be-
tween contract collectors and citizens of the City of Salem,
and upon instruction from the City Administrator to suspend the
franchise of any franchise holder for noncompliance after reason-
able notice of any award or decision "made in arbitration or upon
conviction of any violation of this ordinance. (Section 17.3)
2. Penalties
Any person violating any provision shall be subject to penalties
set forth elsewhere in this Code. (Section 17.8)
3. Performance Bonds and Insurance
a. $ 20,000 surety bond or cash deposit.
b. $100,000 death or injury to one person
300,000 death or injury to more than one person
50,000 on each vehicle for property damage. (Section 17.9)
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MEMPHIS, TENNESSEE
I. NAME OR ORDINANCE
An Ordinance Regulating the Collection of Garbage and Rubbish and
Establishing a Sanitation Fee for the Collection thereof, Ordinance
No. 187, 3 June 1968.
II. GENERAL STATEMENT
1. Definitions
a. Garbage includes accumulations of both animal and vegetable
matter, liquid or otherwise, that attend the preparation, use,
cooking, dealing in or storage of meat, fish, fowl, fruits or
vegetables, tin cans or other containers originally used for food
stuffs.
b. Rubbish includes all non-putrescible solid waste, consisting of
both combustible and non-combustible waste such as paper, card-
board, glass, crockery, excelsior, cloth and similar materials.
It shall not include bulky refuse, meaning stoves, refrigerators,
water tanks, washing machines, broken furniture or similar bulky
materials having a weight greater than 75 pounds and volume
greater than 35 gallons.
c. Industrial waste includes all such wastes peculiar to industrial,
manufacturing or processing plants. It includes hazardous
refuse.
d. Hazardous refuse includes any chemical, compound, mixture, sub-
stance or article which may constitute a hazard to health or
may cause damage to property by reason of being explosive,
flammable, poisonous, corrosive, unstable, irritating, radio-
active or otherwise harmful. (Section 19-1)
III. ADMINISTRATION
1. Responsible Agency
Director of Public Works
2. Functions and Powers
a. To remove and dispose of garbage, rubbish and industrial garbage.
(Section 19-3)
b. To make rules and regulations. (Section 19-4)
c. To issue permits for the private collection of garbage, rubbish
or industrial waste. (Section 19-19)
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IV. SCOPE OF LEGISLATION
1= Standards and Regulations
a. All industrial and hazardous waste shall be disposed of by those
who generate such waste. Such industries may apply for a special
permit or may dispose of industrial waste by licensed private
collectors. (Section 19-5a)
b. All pathogenic and radioactive waste shall be disposed of by
the hospital or institution generating such waste. (Section
19-5b)
C* Every person must keep a sufficient number of individual (can
type) containers. Lids or covers of such containers shall be
kept tightly closed at all times. Containers provided shall
not be larger than 25 inches in diameter and 30 inches in height
nor smaller than 14 inches in diameter and 16 inches in height
(20 and 30 gallon containers). All containers shall be made of
galvanized or plastic material. (Section 19-6)
d. Containers shall be placed at a convenient and accessible point
in the yard within 5 feet of an alley. (Section 19-7)
e. Garbage and other liquid substances shall be kept in a separate
container and shall be drained and wrapped. (Section 19-8)
f. The city may establish public dumps, sanitary landfills or other
place of disposal. Any vehicle presented for dumping shall be
enclosed at the sides and back or equipped with a tarpaulin.
(Section 19-9)
g. Leaves, grass cuttings and garden trimmings, weeds and roots
may be deposited adjacent to the front property lines or in
cardboard boxes or other containers. (Section 19-10)
h. Magazines and newspapers shall be bundled and securely tied.
(Section 19-10)
i. Building debris will not be removed by the Division of Public
Works, and the owner must cause such materials and waste to be
privately moved. (Section 19-17)
. j. The Director may authorize the private collection of garbage and
rubbish except for residential units, apartment building of three
stories or less and commercial establishments in Groups 1 and 2.
(Section 19-18)
2. Prohibited Activities
a. It shall be unlawful to keep garbage or rubbish so as to become
offensive to health. (Section 19-21)
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b. It shall be unlawful for any person to interfere with a garbage
or rubbish container. (Section 19-22)
c. It shall be unlawful to dispose of any garbage, rubbish or other
waste material upon any property other than a garbage dump or
sanitary landfill. (Section 19-23)
d. It shall be unlawful to litter. (Section 19-24)
V. ENFORCEMENT
1. Requirements for Permits
a. Any person desiring to engage in private collection of garbage,
rubbish or industrial waste is required to secure a permit from
the Collector of Licenses and Privileges. The annual permit fee
is $240.00. (Section 19-19)
b. Any private collector who desires to secure a permit for the
collection from any particular location shall submit an appli-
cation for each collection to be so collected. (Section 19-20)
2. Inspection Procedure
The Health Department is authorized to inspect any premises for
the purpose of seeing that the requirements for this ordinance
are being compiled with. (Section 19-21)
3. Liability for Violators
A permit may be suspended or revoked when the permit is being
exercised in violation of this ordinance. (Section 19-19)
4. Administrative Proceedings
Within ten days after the notice of suspension or revocation is
given, the collector may ask for a hearing before the Director.
If no request for a hearing is made, the suspension for the
period listed or the revocation shall be final. The decision of
the Director shall be appealable to the City Council. (Section
19-19)
5. Penalties
It is a misdemeanor to litter or to violate any of the require-
ments of Sections 19-21, 19-22, and 19-23 hereof.
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EL PASO, TEXAS
I. NAME OF ORDINANCE
Chapter II, Article I, El Paso City Code, ''Garbage, Trash and
Weeds," January 1, 1967.
II. GENERAL STATEMENT
Definitions
a. Garbage includes kitchen and table refuse, offal, swill and
accumulations of animal, fruit or vegetable matter that attend
the preparations, use, consumption, decay, selling or storing
of food.
b. Waste includes solid refuse or discarded matter other than
garbage.
III. ADMINISTRATION
1. Responsible Agency
Superintendent of Sanitation
2. Functions and Powers
a. To give permission to occupant to use private hauler. (Section
11-6)
b. To accept permit applications. (Section 11-12c)
c. To inspect and certify vehicles for permits. (Section 11-12d)
d. To suspend and/or revoke permits. (Section 11-13)
e. To approve incinerators. (Section 11-17)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. Storage
(1) Any person in charge of any building shall provide
sufficient containers to hold all garbage and waste accumu-
lated from one collection to the next. (Section 11-3)
(2) Containers shall be plastic or galvanized with a capacity
of 20-32 gallons, maximum weight of 80 pounds when fully
watertight, have two handles, close-fitting lid, and be
kept in good repair at all times. (Section 11-3)
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(3) Places of business which accumulate more than 50 gallons
of waste within 24 hours may use large cans for such waste,
but not for garbage. Superintendent may limit type and
location of larger cans, (Section 11-3)
(4) If city has equipment to use mechanical containers, said
containers may be used if they have a minimum capacity of
six cubic yards. (Section-11-3)
(5) If collection route is in the alley, cans shall be placed
in alley close to boundary or on property line if easily
accessible. Cans must not become an eyesore or public
nuisance. (Section 11-4)
(6) If collection route is in the street, cans shall be placed
at an easily accessible point in the backyard. (Section
11-4)
(7) All nonmetallic containers and all metallic containers with a
cubic capacity of 10 or more gallons shall be placed for
collection without being broken-up and tied in bundles not
exceeding 50 pounds in weight. (Section 11-4)
b. Collection
(1) All garbage shall be removed from residences by Department
of Sanitation at least twice a week. (Section 11-6)
(2) An occupant may obtain a license to remove his own garbage
and waste but commercial haulers may remove residential,
except single family residences; or duplexes, tri-plexes, or
four-plexes waste, and garbage only with permission of
superintendent. (Section 11-10)
(3) All garbage shall be removed daily from all places where
food is to be served to the public and eaten on the
premises. (Section 11-7)
c. Transportation
(1) All licensed vehicles shall be fully enclosed or covered
with a tarpaulin so as to avoid spilling, disseminating
odors, and attracting insects.
(2) All vehicles shall be closed or covered at all times except
when loading or unloading.
(3) Any garbage or waste spilled shall be immediately replaced.
(Section 11-15)
d. Disposal
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(1) Sanitary Landfill
Unloading must be at place and in a manner designated
by foreman or superintendent.
(2) Incinerators may be used only under the following conditions:
(a) Destruction of waste from industrial process of
incinerator approved by "the superintendent.
(b) Destruction of waste from any medical facility of any
infected materials. Incinerators must be approved by
city-county health unit.
(c) Incinerators built prior to August 16, 1966 may remain
in operation as long as they do not become a nuisance
or fire hazard. These incinerators may not be en-
larged or rebuilt.
(d) No garbage, except infected garbage, shall be placed
in an incinerator.
(e) All ashes shall be cooled and then placed in con-
tainers not exceeding 20 gallons at least twice a week
for collection, (Section 11-15)
(3) Dead Animals
Owners must remove within 12 hours after death.
(Section 11-19.1)
Prohibited Activities
a. It shall be unlawful for any person to operate a vehicle not
complying with the provisions of this Ordinance. (Section
b. It shall be unlawful for any person to dispose of garbage or
water under a commercial permit except at a designated city
sanitary landfill. (Section 11-15b)
c. It shall be unlawful for any person in charge of a place where
food is to be eaten on the premises or is served to the public to
allow garbage to remain on the premises longer than 24 hours.
(Section 11-16a)
d. It shall be unlawful for any person to burn any garbage or waste
in any open fire, can, drum, barbeque pit or cooker without per-
mission of the fire marshal and superintendent. (Section 11-1-
7b)
e. It shall be unlawful for any person to deposit any waste matter
in any public or private property without the permission of the
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superintendent and person having control of such property.
(Section 11-19)
f. It shall be unlawful for any person to place for removal any
mattress or bedding recently used by a person having an infectious
disease. (Section 11-18)
V. ENFORCEMENT
1. Requirements for Permits
a. No person other than city employees shall collect, remove or
dispose of garbage or waste without a private hauler's permit
or a commercial hauler's permit.
b. Application shall be made to superintendent.
C. Permits shall be valid from March 1 - February 28 (29).
(Section 11, 11-12)
2. Inspection
a. Vehicles must be certified by superintendent prior to receipt of
permit. (Section 11-12c)
b. Vehicles are subject to inspection at anytime. (Section 11-15d)
3, Administrative Proceedings
After five days' notice and an opportunity to be heard, any permit
may be suspended or revoked at any time by the superintendent for
violation of any provision of this Ordinance or failure to carry out law-
ful agreement for the removal of garbage or waste, the permittee may
appeal to the city council. (Section 11-13)
4. Penalties
a. Violation of any provision of this article shall be a misdemeanor
and punishable as such. Each day of violation is a separate
offense.
b. Knowingly making a false statement regarding fees is a mis-
demeanor. (Section 11-20)
5. Insurance
a. $10,000 - death or injury to one person in one accident.
b. $20,000 - death or injury to more than one person - one
accident.
c. $ 5,000 - property damage. (Section 11-12d)
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LOGAN CITY, UTAH
I. NAME OF ORDINANCE
Title 9 Refuse, Waste and Rodents, 15 July 1969.
II. GENERAL STATEMENT
1. Definitions
a. Premises includes land, buildings, or other structures, vehicles,
or parts thereof, upon or in which refuse is stored. (9-1-1)
b. Refuse includes all solid wastes of a community, including
garbage, ashes, rubbish, dead animals, street cleanings, and
solid market, and industrial wastes, but not including body
wastes. (9-1-1)
c. Gallons refers to the capacity in gallons of a refuse or garbage
container, it being contemplated that an ordinary refuse container
shall be a capacity of approximately 20 gallons. (9-1-1)
d. Garbage includes putrescible animal and vegetable wastes result-
ing from the handling, preparation, cooking and/or consumption
of foods. (9-1-8)
e. Ashes includes residue from the burning of wood, coal, coke,
or other combustible materials. (9-1-8)
f. Rubbish includes nonputrescible solid wastes, excluding ashes,
consisting of paper, cardboard, tin cans, yard clippings, wood,
glass, bedding, crockery, metals, and similar materials.
(9-1-8)
g. Dead animals includes small, dead animals not exceeding seventy-
five pounds each in weight, which die in the normal course of
community activity excluding condemned animals, animals from a
slaughterhouse or other animals normally considered industrial
refuse. (9-1-8)
III. ADMINISTRATION
1.- Responsible Agency
Chief Sanitarian or the legally designated authority of the City
of Logan. (9-1-1:5)
2. Functions and Powers
a. To control the storage, collection, and disposal of refuse.
b. To provide a public refuse collection and refuse disposal service.
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c. To approve and regulate the establishment, maintenance, and
operation of private refuse collection systems and refuse -
disposal methods and sites. (9-1-2)
IV. SCOPE OF LEGISLATION
1 . Standards and Regulations
a. The following refuse shall be acceptable for collection: garbage;
ashes; rubbish; and dead animals. (9-1-8)
b. Garbage shall be drained and wrapped. (9-1 -10a)
C. Bulky rubbish such as trees, weeds, and large cardboard boxes,
may be bundled so as not to exceed A feet in length nor fifty
pounds in weight. (9-1-10b)
d. All other refuse shall be stored in durable, metal, watertight
and easily washable containers which have close-fitting lids and
adequate handles to facilitate collection or in two-ply 50 pound
waterproof bag. Such containers shall be of not less than 10
gallons nor more than 30 gallons in capacity for households, nor
more than 30 gallons in capacity for business. (9-1-10e)
e. All household refuse shall be collected at least once per week.
f. All institutional, business and industrial refuse shall be
collected at least once per week. (9-1-12b)
g. All household refuse shall be placed on the curb. (9-1-13)
h. All disposal of refuse shall be by a method or methods in
accordance with requirements of state and local law. (9-1-14a)
i. Animal offal and carcasses of dead animals shall be buried or
cremated. (9-1-1 Ac)
j. All collection vehicles shall have enclosed bodies or suitable
provision for covering the body. They shall have watertight
metal bodies of easily cleanable construction. (9-1-15)
Prohibited Activities
a. It shall be unlawful to place or deposit any refuse on any
premises, except as designated by the terms of this chapter.
(9-1-5a)
b« It shall be unlawful to feed any garbage to hogs, unless such
garbage has been heat-treated to kill any disease agents
therein. (9-1 -1Ab)
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c. It shall be unlawful for any person, except the City of Logan and
those persons possessing an unrevoked permit, to regularly haul
or transport refuse. (9-1-14d)
d. It shall be unlawful to throw any refuse upon any highway.
e. It shall be unlawful to burn papers, boxes, dry rubbish or simi-
lar materials unless burned in an incinerator. No open burning
permitted where refuse collection service is available.
(9-1-Uf)
V . ENFORCEMENT
1. Requirements for Permits
a. It shall be unlawful to engage in refuse collection or refuse
disposal without an unrevoked permit. (9-1-4a)
b. A permit issued under this chapter shall expire on the 1st day
of July in each year. Permits shall be renewable annually.
(9-1 -Ad)
2. Inspection Procedure
The responsible authority shall have the power to enter at
reasonable times upon private or public property for the purpose
of inspecting and investigating conditions and where necessary
shall obtain a search warrant from a court having jurisdiction.
(9-1-7)
3. Liability for Violators
The responsible authority may suspend or revoke a permit if an
order is issued and corrective action has not been taken within
the time specified in the notice. (9-1 -6c)
4. Administrative Proceedings
a. Any person whose application for a permit has been denied may
request a hearing. (9-1-4c)
b. Whenever it is determined that there has been a violation of
any provision of this chapter, the responsible authority shall
give notice of such alleged violation t> the responsible person.
Any person affected by such notice may request a hearing which
shall be commenced not later than 10 days after the day on which
the petition was filed. (9-1 -6a & b)
c. After such hearing, the responsible authority shall sustain,
modify, or withdraw the notice. (9-1-6c)
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d. In case of emergency, the responsible authority may without
notice or hearing issue a written order requiring corrective
action. If such corrective action is not taken, he may take
appropriate action. (9-1-6h)
5. Penalties
Any person who violates any provision of this chapter shall be
punished by a fine of not more than §50 or by imprisonment for
not more than 30 days. (9-1-16)
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OTHELLO, WASHINGTON
I. NAME OF ORDINANCE
Garbage and Refuse Collection and Disposal, Chapter 5.08, February
15, 1967.
II. GENERAL STATEMENT
1. Declaration of Policy
The maintenance of health and sanitation require, and it is the
intention hereof to make the collection, removal and disposal of
garbage and refuse within the city compulsory and universal.
(Section 4.08.010)
2. Definitions
a. Refuse includes garbage, rubbish, ashes, swill and all other
putrescible and nonputrescible wastes except sewage, from all
public and private establishments and residences.
b. Garbage includes all putrescible wastes and including vegetable
wastes, animal offal, and carcasses of dead animals, but not in-
cluding recognized industrial by-products, and shall include all
such substances from all public and private establishments and
residences.
c. Rubbish includes all nonputrescible wastes, except ashes, from all
public and private establishments and residences.
d. Swill includes every refuse accumulation of animal, fruit, or
vegetable matter liquid or otherwise, that attends the prepara-
tion, use, cooking, dealing in or storing of meat, fish, fowl,
fruit and vegetables, except coffee grounds.
e. Ashes includes the solid waste products of coal, wood and other
fuel used for heating and cooking, from all public and private
establishments and from all residences. (Section 5.08.020)
III. ADMINISTRATION
1. Responsible Agency
City Sanitary Service (Section 5.08.030)
2. Functions and Powers
a. To charge and control all work contemplated for in this ordinance
and in future rules and regulations.
238
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b. To require separation of component parts of refuse and require
the deposit thereof in separate cans or receptacles. (Section
5.08.190)
c. To determine rules, regulations, rates, responsibilities, salaries,
and other necessary manners. (Section 5.08.260)
d. To buy or lease equipment for remgval and disposal of refuse and
purchase or leave a suitable location for a city dump.
(Section 5.08.270 and 280)
e. To determine all rules and regulations in connection with opera-
tion of city dump. (Section 5.08.330)
IV. SCOPE OF LEGISLATION
1« Standards of Regulations
a. It is duty of every person in charge of any building where refuse
is created or accumulated to keep portable cans of approved
size, type and construction and put refuse therein. Cans shall
be strong, watertight, and not easily corrodible, rodent proof,
insect proof, between 20-33 gallons capacity and have handles and
a tight fitting lid. After refuse placed in can, lid shall be
promptly replaced. Cans shall be kept clean and stored in area
easily accessible to the collector and within maximum of 10 feet
to closest alley or means of access. (Section 5.08.050)
b. All cans stored outside shall be placed upon garbage can rack with
bottom not less than 10 inches off ground level and so placed as
to be easily reached and removed by collector. Rack must be
sturdy and not able to be dislogged by animals or wind. If no
alley access available, rack must not be able to be seen from
street and owner must take cans from rack and bring them to
collection point on day of collection (Section 5.08.070). The
maximum weight of can when filled may not exceed 80 pounds.
(Section 5.08.400)
c. All incinerator ashes shall be placed in garbage cans. (Section
5.08.360)
d. Residential collection shall be at least once a week and for
commercial areas and apartment houses, it shall be as required
by Superintendent. (Section 5.08.200)
e. All charges for garbage collection service are mandatory and
universally compulsory for all. (Section 5.08.360)
f. All owners shall immediately clean up any litter or debris on
any street or alley abutting their premises. (Section 5,08.100)
g. All waste paper, boxes, rubbish, debris, bush, leaves, grass,
wood and tree cuttings may be burned on private property in
239
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approved incinerators. Such materials may also be hauled by
individuals to the city dump. (Section 5.08.180)
h. Contractor shall maintain dump in sanitary manner. (Section
5.08.220)
i. All garbage shall be disposed of promptly. (Section 5.08.250)
j. All garbage refuse and other waste materials shall be deposited
at city dump. (Section 5.08.290)
k. Dumping at city dump shall be under direct supervision of garbage
collector of city who shall be under supervision of Superinten-
dent of City Sanitary Service. (Section 5.08.300)
1. All garbage, refuse, and waste materials of the city shall be
hauled to city dump and there disposed by mehtods approved by
State Department of Health provided such methods include the
maximum rodent, insect and nuisance control. (Section 5.08.
310)
2. Prohibited Activities
a. It shall be unlawful for any person to bury, burn, dump, collect,
remove or in any manner dispose of garbage or swill upon any
street, alley or public place or private property within the city
except as provided in this ordinance. (Section 5.08.180)
b. It shall be unlawful to dump or dispose of garbage, refuse, or
other waste materials at any place except the city dump.
(Section 5.08.290)
c. It shall be unlawful for any person, firm, partnership, associa-
tion, institution, or corporation other than collector of refuse
to dump at city dump without payment of regular fees and charges.
(Section 5.08.320)
V. ENFORCEMENT
1. Requirements for Permits, Etc.
The city shall advertise for contract for exclusive right to
collect, remove and dispose of all refuse. Such contract shall
be let at least every five years. The City Council may refuse
any or all bids and shall award contract to person who submits
lowest bid and is best qualified and equipped. (Section 5.08.210)
2, Liability for Violators
a. If any owner or occupant fails to provide rack for garbage cans
or permits contents of can to be spilled without immediately
cleaning up, city shall build rack and/or clean up material and
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charge all labor and material cost to occupant. (Section 5.08.080
and 5.08.110)
b. If any owner or occupant of premises fails to clean up litter or
debris in the street, alley, or public way abutting their pro-
perty, the city shall cause the area to be cleaned and the owner
or occupant shall be charged with the costs. (Section 5.08.100
and 5.08.110)
3. Administrative Proceedings
a. Any person who receives a notice of a nuisance under this chapter
may, by request in writing filed with the City Clerk, ask for a
hearing before the next regular meeting of the City Council on
the matter complained of, and after the request is filed with the
City Clerk, the City Supervisor shall suspend all abatement pro-
ceedings pending disposition of the hearing. If the person is
aggrieved by the ruling of the City Council or other competent
tribunal rules that a nuisance does exist or is or has been
committed, the city supervisor shall proceed with the abatement
as herein set forth. (Section 5.08.150)
b. The City Council, in its discretion, shall by resolution direct
the City Supervisor to abate the nuisance. Except for a con-
dition affecting the immediate health or safety of any person or
persons, notice shall be given in writing to the property owner
and offender, occupant or other person concerned or affected
hereby, by personal service or certified mail, and if notice
cannot be so given, then by posting notice on the affected or
offending premises. Such notice shall describe briefly the nature
of the nuisance, and state that if the nuisance is not abated
within ten days from the date thereof, the city will abate the
nuisance, and any reasonable expense for necessary labor and/or
material, shall be charged against the offending person or
occupant, and property owner. (Section 5.08.140)
c. If anyone is committing or has committed a nuisance the City
Inspector may cause a courtesy reminder to be made to the
offender, and if the nuisance continues, the City Supervisor
shall make a written report of the nuisance, act, omission, or
condition to the City Council. (Section 5.08.130)
d. If in the event the contractor shall at any time during the term
of his contract fail to remove garbage or refuse, properly
maintain the sanitary fill, or violate any other terms of his
contract, the city may give the contractor thirty days notice in
writing of the matters wherein the contractor is in default. Ii.
the event the contractor fails to correct the matter, the con-
tractor shall be in default at the expiration of the thirty day
period, and the contract may be terminated at the option of the
city. (Section 5.08.230)
4. Penalties
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a. If anyone deposits or permits depositing of any waste material
or litter on any street, alley, public way, public or private
property, such person commits a nuisance and is guilty of a
misdeameanor. (Section 5.08.090)
b. Penalty depends on which provision of ordinance is violated.
(1) For violation of sections 5.08.060 - 5.08.150, penalty is
a $300 fine or 30 days in jail. (Section 5.08.160)
(2) For violation of all other sections, penalty is fine not to
exceed $100, imprisonment not to exceed 30 days or both.
(Section 5.08.350)
5. Performance Bonds
A surety bond equal to principal amount of one year's contract
price must be furnished by each successful contract bidder.
(Section 5.08.210)
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GREEN BAY, WISCONSIN
I. NAME OF ORDINANCE
Garbage and Refuse Collection, Chapter 8, recodified in 1964.
II. GENERAL STATEMENT
1. Declaration of Policy
2. Definitions
a. Residential garbage includes the waste of animal, fruit and
vegetable matter which results from the preparation of food in
residential houses and kitchens.
b. Commercial garbage includes waste of animal, fruit and vegetable
matter which results from the preparation of food ir hotels,
clubs, restaurants, ana other buildings, or which results from
the handling of food material at markets, commission houses,
butcher shops, and similar establishments, including in both
cases natural content of moisture.
c. Combustible refuse includes discarded, relatively dry, mis-
cellaneous materials, comprising chiefly of wood, paper, rags,
excelsior, straw, leather, rubber, boxes, sweepings from
buildings and similar discarded articles of combustible nature.
d. Non-combustible refuse includes discarded refuse incapable of
incineration such as large tin cans, oil cans, glassware,
ground, sod, stone, pottery-ware, metallic-ware, batters and
heavily sanded roofing paper.
e. Construction debris includes all waste resulting from the con-
struction and reconstruction of any building, roadway, sidewalk,
sewer, or lawn and any waste resulting from removal or trimming
of trees and shrubs by private firms.
f. Industrial wastes includes all refuse and nonusable by-products
of any manufacturing process such as foundry wastes, pulpwood
bark, commercial food processing wastes, hatchery wastes, and
any type of combustible or non-combustible material produced in
large quantities by any factory or business establishment.
(Section 9.01)
III. ADMINISTRATION
1« Responsible Agency
Director of Public Works (Section 8.02
2. Functions and Powers
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a. To make regulations regarding collection and disposal of all
!. t solid wastes, operation dump and incinerator, and collection
'; schedules. (Section 8.02)
be To give permission for operation and supervise private dumps.
; '. (Section 8.09:2)
c. To make regulations governing operation of incinerators (Section
8.12:2) and municipal dumps. (Section 8.13:1)
• • , IV, SCOPE OF LEGISLATION
.. . £ 1 . Standards and Regulations
> ' a. Collection
}
(1) All normal accumulation of garbage and combustible and non-
combustible refuse collected by the city without a fee. But
• , , industrial waste must be disposed of by oxmer.
i
,. | ' (2) Commercial garbage collected by city will have fee fixed
'•• f, •? by the Council.
(3) Metal containers with tight fitting covers for transporta-
tion of garbage if covered or enclosed vehicle or conveyor
; not used. (Section 8,03)
b. Preparation of Garbage
(1) Garbage and combustible refuse must be kept separate.
Mixed combustible and non-combustible wastes will not be
collected and owner is responsible for proper separation.
(2) Residential garbage must be drained and wrapped prior to
placing in container.
(3) Commercial garbage must be drained prior to placing in
garbage.
(4) Each owner shall provide sufficient garbage and refuse
containers. They shall be of metal, watertight, strong
handles, tight fitting cover and not to exceed 21 gallons
in capacity. When full they must not weigh more than 75
pounds. They must be kept clean, sanitary, and in good
repair. Tied plastic bags may also be used. (Section 8.04)
c. Preparation of Combustible Refuse
rt
(1) Branches, limbs, etc. must be cut in lengths of not more
than 4 feet.
(2) Paper and paper cartons must be securely and compactly tied
in bundles of less than two feet maximum dimension.
-------
(3) Bulky materials such as wooden boxes, etc. must be broken up
so they can easily be handled by one collector.
(4) Miscellaneous refuse shall be put in container of suitable
size or handling. (Section 8.05)
d. Preparation of Non-combustible Refuse
No molding material shall be placed in any collection. All
refuse must be in containers and -collectors will not pick
up refuse on ground. (Section 8.06)
e. Garbage containers may be picked up from rear of residence but
refuse containers must be placed in front of property. (Section
8.07)
fc All garbage and combustible refuse shall be disposed of at
municipal incinerator unless permission to do otherwise granted.
(Section 8.08)
g. All non-combustible refuse shall be disposed of at city dump.
(Section 8.09)
h. Owner must dispose of animal offal, manure and the like.
(Section 8.15:2)
i. All construction debris shall be disposed of by owner, builder,
or contractor at a municipal dump. (Section 8.10)
j. Any infectious material must be disposed of under supervision
of Health Commission. (Section 8.15:3)
k« Industrial waste which constitutes a nuisance shall be disposed
of at an incinerator or municipal dump. (Section 8.11)
2. Prohibited Activities
a. Disposal of Garbage and Combustible Refuse
(1) It shall be unlawful for any person to burn any garbage,
refuse or rubbish outside at any time.
(2) It shall be unlawful for any person to deposit or place any
garbage or combustible refuse on any street, alley, public
or private place or any body of water.
(3) It shall be unlawful for any person to remove any waste from
containers or private premires without consent of occupan*..
(Section 8.08)
bo Disposal of Non-combustible Refuse
(1) It shall be unlawful for any person to make a private dump
without special permission and under supervision of Director
of Public Works.
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(2) It shall be unlawful to deposit or place any non-combustible
refuse upon any street, alley, public private place or any
body of water except in a container. (Section 8.09)
c. It shall be unlawful to deposit garbage or refuse at hours other
than those stipulated. (Section 8.12:2)
d. It shall be unlawful to sort refuse at incinerator or landfill
site for personal gain. (Section 8.12:3)
e. Regulations Governing Municipal Dump
(1) It shall be unlawful to deposit at a dump any material
that can be incinerated at an incinerator.
(2) It shall be unlawful to deposit refuse except on days and
hours fixed by Director of Public Works.
(3) It shall be unlawful for any private person to start any
fire or deposit any burning material at a dump. (Section
8.13)
f. It shall be unlawful to deposit any explosive material at any
dump or incinerator. (Section 8.15:4)
V. ENFORCEMENT
1. Requirements for Permits, etc.
All private collectors must obtain a permit from the City
Council. Such permit requires that the applicant meet the
requirements of sanitary regulations pertaining to nuisances and
be approved by Health Officer. (Section 8.03:3)
2. Inspection Procedures
3. Liability for Violators
a. If a dump is ordered closed and land is not graded, leveled and
covered after sufficient notice, the Director of Public Works
shall do so and charge expenses to owner. (Section 8.09:2)
b. The Director of Public Works may refuse collection service for
noncompliance with these records. (Section 8.16)
c. Any person whose service is withdrawn and allows garbage and
refuse to accumulate on his premises may be prosecuted.
(Section 8.16)
4. Administrative Proceedings
If in the event the contractor shall at any time during the term
of his contract fail to remove garbage or refuse, properly
246
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maintain the sanitary fill, or violate any other terms of his
contract, the city may give the contractor thirty days notice in
writing of the matters wherein the contractor is in default. In
the event the contractor fails to correct the matter, the con-
tractor shall be in default at the expiration of the thirty day
period, and the contract may be terminated at the option of the
city. (Section 5.08.230)
5. Penalties
A fine of between $1 and $100 plus costs or in default of payment
thereof, shall be imprisonment until paid, not to exceed 90 days.
Each day of violation shall constitute a separate offense.(Section
8.17)
247
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LOS ANGELES COUNTY, CALIFORNIA
I. NAME OF ORDINANCE
An Ordinance Regulating and Licensing Business and other Activities;
Chapter 9, Waste Collection and Transportation, Ordinance No. 5860,
1952, as amended by Ordinance No. 6104.
II. GENERAL STATEMENT
1. Declaration of Policy
This Ordinance has for its purpose sanitation and the preserva-
tion of the public health.
2. Definitions
a. Combustible rubbish includes all discarded combustible material
including, but not limited to, papers, rags, household bedding,
excelsior or other packing materials, cartons, boxes, and con-
tainers of wood or fibre, sawdust, shavings, lumber scraps, wood,
or wooden articles, trees, plants, vines and the prunings there-
of. (Section 25.5)
b« Garbage includes all discarded food, animal offal, or fruit and
vegetable waste resulting from the preparation of food, or any
manufactured product thereof from, but not limited to, private
dwellings, flats, canneries, kitchens, boarding houses, apart-
ment houses, hotels, restuarants, or other place or institution,
public or private, where garbage is produced, or the waste or
cleanings from chickens or other fowl, rabbits or other animals,
fish or other sea food, that shall have been prepared for, or
intended to be used as food. Exceptions: Market refuse or the
hides, fat, or bones of four-fotted animals, or grease, meat
scraps, or other similar materials being transported to a
rendering plant for processing.- (Section 26.2)
e. Market refuse includes waste vegetables or fruit, or the cuttings,
trimmings, residue, or scraps therefrom that have resulted from
the preparation of vegetables or fruit in markets or packing
houses for public sale in markets and shall not include meat
scraps, bones, or other garbage. (Section 26.8)
• d« Noncombustible rubbish includes all discarded material not in-
cluded within the term''Combustible Rubbish'' including but not
limited to, bottles, broken glass, crockery, earthenware, tin
cans, tineware, wire and other articles of discarded metal,
automobile tires and tubes, batteries, keys, barrels, and metal
casks, brick, concrete, and plaster left from the construction
of new buildings or from the repair or alterations of old
buildings. (Section 26.9)
248
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e. Rubbish includes combustible and noncombustible rubbish and
includes all material usually known as rubbish, also trash, debris,
lawn cuttings, tree trimmings, or any refuse or waste matter other
than garbage, manure, market refuse, or the hides, fat, or bones ,
of four-footed animals, or grease, meat scraps, or other similar ;
materials being transported to a rendering plant for processing. ,'
(Section 28.5)
!> *•* ,''!.>'
III. ADMINISTRATION . . ' ;
1. Responsible Agency • -, -
?
Health Department • •
2. Functions and Powers '
a. To issue licenses for waste collector and waste hauler and charge ' '
annual fees. (Sections 1611 and 1612) , -t ,•''.
* * '* 4'/
b. To approve methods for collecting and transporting garbage and , > J* -,
rubbish. (Sections 1651, 1653 & 1654) ' ' ; .' ''r
c. To enforce the provisions of the Ordinance. (Sections 1681 $ 5 * '•
1700) ' /
IV. SCOPE OF LEGISLATION • - ,';, r
• : *n,:-
1. Standards and Regulations _ r •-. ; -^
'. i-'f-iT's
a. All garbage and rubbish must be collected and transported by ,^ > <*•*£»$?;;,$
means of vehicles equipped with water-tight metal tanks and . ' '. •'iT^-f * ? *<
covered by a suitable water-proof tarpaulin, metal covers or ' , -f ' <
other satisfactory and acceptable methods. (Sections 1651, ' '
1651.5, 1652, 1653 & 1654) , , /;. v, *
' ', • ^ •
b. All rubbish, garbage, and industrial waste collected or trans- • :
ported upon or along any public highway must be disposed of at a * '-
waste disposal facility where such waste legally can be accepted. J
(Section 1657) ' ;
c. All contracts for the collection of rubbish or garbage from • ;" ' "
residential areas must provide for the furnishing of the follow- , 't >, \ '
ing minimum standard type of service: • ;'
i
(1) Garbage and rubbish must be collected not less than twice ' • '';.„*
each week. • , *.' ; 4
• • ??--,v
(2) Combustible and noncombustible rubbish must be collected . "»,
at least once each week from containers having a capacity • ' ,'i ,
of not less than five gallons nor more than thirty-five • ' ,
gallons. Bundles of combustible rubbish should not exceed , > ''.'',<
four feet in length and not over fifty pounds each. ' . ' *
(Section 1684) ', ,x, {, '•
249
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d. The collector shall not collect garbage and rubbish within a
residential area between 10:00 p.m. and 6:00 a.m. (Section
1687)
6c Garbage and rubbish containers must be leakproof, metal, equip-
ped with a bail or handles and have a tight fitting cover.
(Sections 1702 & 1704)
2. Prohibited Activities
It shall be unlawful for any person other than the waste col-
lector to deface, alter, or obliterate any identification place
on any container, bin, or other equipment. (Section 1709)
V. ENFORCEMENT
1. Requirements for Licenses
Every person operating trucks in the business of collecting,
hauling, and disposing of any rubbish, garbage, or industrial
waste must procure a license and pay an annual license fee.
(Section 1611)
2. Bonds
The Tax Collector shall not issue a Waste Collector's license
or a Waste Hauler's license until the applicant files a cash
bond or a corporate surety bond. (Section 1618)
250
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DUPAGE COUNTY, ILLINOIS
I. NAME OF ORDINANCE
DuPage County Solid Waste Disposal Ordinance, April 26, 1967
II. GENERAL STATEMENT
1. Declaration of Policy
The purpose of this Ordinance is to eliminate and prevent health,
welfare and safety hazards by establishing standards for and
regulating the use and operation of solid waste disposal sites.
2. Definitions (Section 1)
a. Solid waste disposal site includes any site used for the disposal
of refuse from more than one residential premise, or one or more
commercial, industrial manufacturing or municipal operation.
b. Sanitary landfill operation includes a method of disposing of
refuse on land without creating nuisances or hazards to the public
health or safety by confining refuse to the smallest practical
area, compacting it to the smallest practical volume by employing
approved power equipment, and covering with a layer of compacted
earth, or other suitable cover material at the conclusion of each
day's operation.
c. Garbage includes animal and vegetable waste resulting from the
handling, processing, storage, packaging, preparation, sale,
cooking and serving of meat, produce and other foods.
d. Rubbish includes solid waste other than garbage, including
residential, commercial, industrial, manufacturing and municipal
waste.
e. Refuse includes all waste substances, but not limited to the
following:
(1) garbage
(2) combustible rubbish
(3) noncombustible rubbish
(4) street rubbish
(5) ashes
(6) solid and semi-solid wastes resulting from industrial
processes and manufacturing operations.
Exceptions: any un-processed earth, stone or minerals.
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III. ADMINISTRATION
1. Responsible Agency
Director of the Health Department through Administrator
2. Functions and Powers of Administrator (Section 3.2)
a. To supervise the execution of all laws, ordinances, rules, and
regulations pertaining to solid waste disposal.
be To institute necessary proceedings to prosecute violations of
this ordinance.
c. To issue permits, certificates, or notices.
d. To encourage and conduct studies, investigations and research
relating to various aspects of solid waste disposal.
e. To investigate complaints.
f. To formulate additional regulations.
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. Refuse disposal may be conducted only at a solid waste disposal
site for which a permit is issued and only by means of a sani-
tary landfill operation. (Section 4.1) All non-conforming
operations declared illegal. (Section 4.2)
b. Dumping of refuse on the site must be confined to the smallest
practical area. (Section 6.2)
c« Refuse must be spread and compacted in shallow layers of about
two to three feet in compacted depth. (Section 6.3)
d. Cover must be of such quality as to prevent fly and rodent
attraction and breeding, blowing litter, release of odors, fire
hazards, and unsightly appearance. (Section 6.4)
e„ Sewage solids or liquids, septic tank pumpings, and other
liquids or hazardous substances must not be discharged to a
sanitary landfill unless written approval has been obtained.
(Section 6.5)
f. Condicions unfavorable for the production of insects and rodents
must be maintained by carrying out routine landfill operations
systematically. (Section 6.6)
g. All salvage operations must be conducted in a sanitary manner.
(Section 6.7)
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h. Landfill operation must not be conducted in open water.
(Section 6.9)
2. Prohibited Activities (Section 6.8
All feeding of farm or domestic animals, deposition of refuse in
standing water, and burning, except in an incinerator, are pro-
hibited upon the site of the sanitary landfill.
ENFORCEMENT
1, Requirements for Permits
a. Unlawful to use a disposal site without securing a valid permit.
(Section 5.1)
b. Plans by Registered Professional Engineer must accompany applica-
tion. The application must show initial and final topography,
drainage, roads, fencing, fill and borrow areas, scales, and
buildings. It also must include data on subsoil and ground
water conditions, equipment, fire protection, nature of cover
material. (Section 5.2)
c. A permit is issued to the applicant if the proposed disposal
site meets the proper zoning and site requirements and the plan
of operation is in accordance with the requirements of a sanitary
landfill operation. (Section 5.5)
2, Inspections
The Administrator or his representatives are authorized and
directed to make monthly inspections of all disposal sites.
(Section 7.1)
3. Liability for Violators (Section 7.3)
If the owner, his agent and any other person managing any site
are in violation of the provisions of this ordinance, they shall
be liable for such violation.
4. Administrative Proceedings
a. If any provisions of this ordinance are violated, the Administra-
tor shall serve a Notice to Appear upon the responsible person(s)
(Section 3.4)
b. Administrator may seek summary abatement of immediate health or
safety hazards. (Section 3.5)
c. Any person affected by any final decision of the Administrator
may take an appeal to the Director within 30 days after receiving
notice of such decision. (Section 3.6)
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d. The Director, after the hearing, shall affirm, modify, or reverse
the decision. (Section 3.6)
5. Penalties
Any person who fails to comply with the provisions of this
ordinance shall be guilty of a misdemeanor and fined not less than
$100 nor more than $500. (Section 7.4)
6. Performance Bonds
Operation of a disposal site is conditioned upon the delivery
of a performance bond issued by a surety company. (Section 5.4)
7. Injunctive Powers
a. The Administrator is authorized to direct the State's Attorney
of DuPage County to initiate legal or equitable proceedings to
enforce compliance, including suit on any performance bond and
including actions for injunctive relief to compel compliance.
(Section 7.5)
b. The Director may petition the Circuit Court for an injunction,
either mandatory or prohibitive, to enforce his decision follow-
ing appeal of Administrator's decision. (Section 3.7)
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KANE COUNTY, ILLINOIS
I. NAME OF ORDINANCE
Sanitary Landfill Control Ordinance of Kane County, Illinois,
March 12, 1968.
II. GENERAL STATEMENT
1. Declaration of Policy
The purpose of this Ordinance is (i) to prevent the spread of
disease and the contamination of air and water resources; (ii)
to prevent public nuisances and the emanation of malodors; (iii)
to preserve property values; and (iv) to preserve and protect
the public health, safety, comfort, and general welfare.
2. Definitions (Article 2)
a. Refuse includes all solid wastes such as putrescible and non-
putrescible, combustible and noncombustible substances.
b. Building and demolition wastes includes any and all refuse or
residue resulting directly from building construction, recon-
struction, repair, demolition, grading, excavation or other
incidental work in connection with premises or the replacement
of building equipment or parts thereof. Exceptions: Refuse or
residue resulting from minor, as a rule, noncommercial repairs
to a private dwelling made customarily by the owner or occupant
himself.
c. Sanitary Landfill includes a type of operation in which wastes
are deposited in or on land by plan utilizing the principles of
engineering to confine the waste to the smallest practical area,
to reduce it to the smallest practical volume, to cover it with
a layer of earth at least at the conclusion of each day's
operation, and to accomplish all this without creating nuisances
or hazards to public health or safety.
III. ADMINISTRATION
1. Responsible Agency
Zoning Enforcing Officer
2. Functions and Powers
a. To inspect all waste disposal operations. (Article 11)
b. To document a complaint by photographic pictures and to furnish
a copy of such pictures to the owner and/or operator of the
site. (Article 11)
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IV. SCOPE OF LEGISLATION
1„ Standards and Regulations
a. All operations for the disposal of wastes in or on land must be
registered with the county, (Article 3)
b. All waste disposal site locations_must conform to applicable
state laws and county or municipal zoning laws and ordinances.
(Article 4)
c. The site must be adequately fenced or otherwise contained to
prevent unauthorized entrance. (Article 5)
d. Dumping of waste on the site should be confined to the smallest
practical area. (Article 6)
e. No burning shall take place on the site except in extraordinary
cases by permission of the county, (Article 6)
f. Refuse must be spread and compacted in shallow layers of two to
three feet maximum in compacted depth. (Article 6)
g. A uniformly compacted layer of at least 6 inches of suitable
cover material must be placed on all exposed waste by the end of
each working day. (Article 6)
h. All intermediate and final covers must be graded so as to prevent
any erosion. (Article 6)
1. Adequate precautions should be taken to prevent the breeding of
insects and rodents. (Article 8)
j. Dead animals may be accepted provided that they are delivered at
a convenient time for immediate burial. (Article 9)
k. No salvage operations shall be allowed unless specifically per-
mitted in writing by the county. (Article 10)
2. Prohibited Activities
a. All scavenging operations, feeding of farm or domestic animals
on the disposal site, and the depositing of refuse in standing
water are prohibited. (Article 7)
b. Liquids should not be disposed of in sanitary landfills except
extraordinary circumstances. (Article 9)
V. ENFORCEMENT
1. Requirements for Permits
The disposal of hazardous and extraordinary wastes requires a
special written permit from the county. (Article 9)
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2. Inspection
All waste disposal operations must be subject to inspection by
the Enforcing Officer. (Article 11) All intermediate and final
covers should be inspected at least monthly for 1 year following
their completion. (Section 7)
3. Administrative Proceedings
In case of violation, the County Zoning Board of Appeals shall
give notice to the violator and the owner of the land. After
a hearing, the board may terminate and rescind the approval of
land for the operation of sanitary landfill. (Article 11)
4. Penalties
Any violator is subject to a fine of not more than $200 for each
offense, or imprisonment for a period of not more than 6 months,
or both. (Article 11)
5. Performance Bond
The owner, or operator, should furnish to the county a performance
bond of $5,000. (Article 12)
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MADISON COUNTY, ILLINOIS
I. NAME OF ORDINANCE
Ordinance Regarding the Regulation of Sanitary Waste Disposal Sites
and Sanitary Landfills, 1967
II. GENERAL STATEMENT
1. Declaration of Policy
To protect the general health and to control disease throughout
Madison County.
2. Definitions (Article 2)
a. Solid waste disposal sites includes any site such as a sanitary
landfill or dump used for the disposal of solid or semi-solid
wastes from more than one premises, or from a commercial or
industrial operation, not suitable for discharge into water
carriage waste disposal systems.
b. Sanitary landfill includes any method of disposing of refuse on
land without creating nuisances or hazards to the public health
or safety by confining refuse to the smallest practical volume
by employing power equipment, and covering with a layer of com-
pacted earth or suitable cover material at the conclusion of
each day's operation, or at such intervals as may be necessary.
c. Dump includes all land or parcels of land on which non-putrescible
refuse is accepted for deposit or permitted to be deposited
regardless of whether a charge is made therefor.
d. Garbage includes all animal and vegetable waste and all putresc-
ible matter.
e« Combustible waste includes all waste substances capable of
incineration or burning, but excluding explosives or highly
inflammable material.
f. Noncombustible waste includes all other waste substance not
capable of incineration or burning, such as earth fill, glass,
metal, earthenware and the like.
g. Refuse includes all waste substances such as garbage, combustible
and noncombustible wastes.
h. Garbage disposal area includes any area to which garbage, com-
bustible wastes, noncombustible wastes, and refuse are to be
hauled for disposal.
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III. ADMINISTRATION
1. Responsible Agency
Sanitation Officials of Madison County and the Madison County
Sanitation Committee
2. Functions and Powers
a. To enforce this ordinance.
b. To provide for adequate and frequent inspection of disposal sites.
c. To carry out and perform all administrative duties.
d. To hear and determine appeals.
e. To determine whether the issuance of the permit is required.
(Article 3, Sec. J, 1)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. Leakage from the landfill must not contaminate the ground waters
or streams in the area. (Article 4, Sec. B(a))
b. The landfill site must be adequtuately fenced. Opening and closing
hours and days of operation shall be clearly shown. (Article
4, Sec. C(a))
c« All-weather roads must be provided for vehicular movement.
(Article 4, Sec. C(b))
d. A shelter, drinking water and toilet facilities must be provided.
(Article 4, Sec. C(c))
e. All refuse disposal sites or facilities must be registered with
the Sanitation Committee. (Article 4, Sec. D)
f. All refuse disposal site locations must conform to applicable
state, county or municipal zoning laws and ordinances. (Article
4, Sec. G)
g. Mixed refuse material must be spread out so that the depth does
not exceed a maximum depth of 2 feet prior to its compaction.
(Article 4, Sec. J,2)
h. The areas must be continually policed to prevent fires and the
blowing of papers. (Article 4, Sec. J, 3)
i. A minimum depth of 12 inches of compacted cover must be kept on
all inactive faces of the landfill at all times. (Article.4,
Sec. J, 4)
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j. Measures should be taken to prevent soil erosion. (Article 4,
Sec. J, 5)
k. Any salvage material must be handled in such a manner as to
prevent rat harborage and permit proper operation of the landfill,
(Article 4, Sec. J, 9)
1. Adequate fire-fighting equipment must be available on the site
at all times. (Article 4, Sec. J, 11)
m. The permit holder must institute adequate dust control measures
at all times. (Article 4, Sec. J, 14)
n. Insects and rodents on the landfill site must be controlled and
exterminated. (Article 4, Sec. J, 15)
o. Dumps may accept for deposit only noncombustible waste con-
taining no putrescible material. (Article 4, Sec. D, 2)
p. Compositing of refuse should be done only with prior approval
of the Sanitation Committee. (Article 4, Sec. D)
q. Garbage feeding to swine should be done only with prior approval.
(Article 4, Sec. G)
r. Every vehicle used in hauling garbage must be leakproof, and all
garbage must be placed in containers. (Article 4, Sec. B, 3)
2. Prohibited Activities
a. Burning of any material at a dump or landfill is prohibited un-
less a permit has been issued. (Article 4, Sec. J, 10)
b. Open dumping is prohibited. (Article 4, Sec. E)
V. ENFORCEMENT
1. Requirements for Permits
a. Unlawful to operate a sanitary landfill or disposal site without
a permit from the sanitation official. (Article 4, Sec. A(A))
fa- Permit fee for operating sanitary landfill or disposal site is
$300 per year. (Article 4, Sec. A)
Co No person shall operate any vehicle without obtaining a permit
by paying $5.00 fee for each year. (Article 4, Sec. B)
2. Inspection Procedure
Sanitation Official and/or any member of the Sanitary Committee
is authorized to make such inspections as are necessary to
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to determine satisfactory compliance with this ordinance. It is
the duty of the operator of a sanitary landfill to give the
official or the committee free access to the property for the
purpose of making inspections. (Article 5)
3. Liability for Violators
The Sanitation Official may suspend any permit upon violation of
the terms of this ordinance. The Sanitation Committee may
revoke any permits upon finding that the permittee has violated
any of the provisions of the ordinance. (Article 4, Sec. A)
4. Administrative Proceedings
No permit shall be revoked except after a public hearing by the
Sanitation Committee within a 10 day written notice to appear
and defend. (Article 4, Sec. A)
5. Penalties
Any person who fails to comply with the provisions of this
ordinance is deemed guilty of a misdemeanor and subject to a
fine not to exceed $200.00. (Article 6, Sec. A)
6. Performance Bonds
The Sanitation Official shall issue a permit upon delivery of
a performance bond issued by a surety company in the amount of
$10,000. (Article 4, Sec. A)
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WELLS COUNTY, INDIANA
I. NAME OF ORDINANCE
Garbage and Rubbish Ordinance No. H.B. -2-1966, 1966.
.1. GENERAL STATEMENT
1. Declaration of Policy
Protection of Public Health
2. Definitions (Article 1)
a. Garbage includes rejected food wastes such as waste accumulation
of animal, fruit or vegetable matter used or intended for food
or that attends the preparation, use, cooking, dealing in, or
storing of meat, fish, fowl, fruit or vegetables.
b. Rubbish includes such matters as ashes, cans, metalware, broken
glass, crockery, dirt, sweepings, boxes, wood, grass, weeds, or
litter of any kind.
c. Sanitary landfill includes any method of disposing of refuse on
land without creating nuisances or hazards to public health or
safety, by utilizing principles of engineering to confine the
refuse to the smallest practical areas, to reduce it to the
smallest practical volume, and to cover it with a layer of
suitable cover at the conclusion of each day's operation or at more
frequent intervals as necessary.
d. Hazardous materials includes explosives, pathological wastes,
radioactive materials and chemicals.
e* Refuse includes any combination of garbage and rubbish.
III. ADMINISTRATION
1. Responsible Agency
County Health Officer
2. Functions and Powers
a. To issue permits to engage in the disposal of garbage or rubbish.
(Section 201)
be To inspect each garbage and rubbish disposal site. (Section 301)
c. To enforce this ordinance. (Section 501)
d. To report any violations of the provisions of this ordinance to
the County Prosecuting Attorney. (Section 502)
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IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. Sanitary landfill operations should not cause unlawful pollution.
(Section 402)
b. Any materials considered food for rodents and insects should be
disposed of daily in a sanitary manner. (Section 403)
c. Salvaging, if permitted, should not interfere with prompt sanitary
disposal of refuse. Scavenging should not be permitted.
(Section 404)
d. Burning should be permitted only in designated areas. (Section
405)
e. Hazardous materials should not be disposed of in a sanitary
landfill without a prior permission. (Section 409)
f. Garbage and rubbish should be compacted in layers not exceeding
a depth of 2 feet of compacted material. (Section 413)
2. Prohibited Activities
a. Burning of garbage or rubbish containing garbage at a sanitary
landfill is prohibited. (Section 405)
b. Forbidden to make uncooked garbage available for animal consumption
at any disposal site. (Section 407)
c. Infestation of rodents and insects at a disposal site is pro-
hibited. (Section 408)
V. ENFORCEMENT
1. Requirements for Permits
a. Any person who wants to engage in the public disposal of garbage
or rubbish should possess an unrevoked permit from the Health
Office.
b. The permit is for one year and renewable annually.
c. No permit shall be valid until it has been countersigned by the
Treasurer of Wells County upon payment of $50.00 fee.
2. Inspection (Article 3)
a. The health officer should inspect each disposal site at least
once each month.
b. In case of violation, he shall make a second inspection. Any
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violation of the same item on such second inspection shall call
for suspension or revocation of permit.
c. One copy of the health officer's inspection report should be
delivered to the license by the health officer. The operator of
the public disposal site should permit access to all records and
all parts of the grounds by said health officer.
3. Administrative Proceedings (Section 201)
A permit may be temporarily suspended by the health officer upon
violation of this ordinance, or revoked after an opportunity for
a hearing by the health officer upon serious or repeated violations.
4. Liability for Violators (Section 502)
The County Prosecuting Attorney shall cause proceedings to be
commenced against the person violating the provisions of this
ordinance and to prosecute to final termination.
5. Penalties (Section 601)
a. Any violator is guilty of a misdemeanor and subject to a fine of
not more than $500 for the first offense, $1,000 for the
second offense, and $1,000 for the third and each subsequent
offense,
b. Imprisonment not exceeding 90 days may be added to a fine.
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JEFFERSON PARISH, LOUISIANA
I. NAME OF ORDINANCE
Jefferson Parish Code, Chapter 8, Garbage, Trash and Weeds,
February 18, 1960.
II. GENERAL STATEMENT
1. Declaration of Policy
2. Definitions
a. Garbage - includes putrescible animal and vegetable wastes
resulting from the handling, preparation, cooking and
consumption of food. '
b. Refuse • includes all putresible and non-putrescible solid
wastes (except body wastes), including garbage, rubbish
and/or trash.
c. Rubbish and/or trash - includes non-putrescible solid wastes
(excluding ashes), consisting of both combustible and non-
combustible wastes, such as paper, cardboard, tin cans,
yard clippings, wood, glass, bedding, crockery and similar
materials.
d. Commercial refuse - includes garbage and trash produced in
operation of retail and wholesale stores, manufacturing,
refining plants, or any other commercial businesses. (Sec.
8-42)
III. ADMINISTRATION
1. Responsible Agency
Garbage Department
2. Functions and Powers
To direct, control and supervise the functions of garbage and
trash collection and disposal in any and all matters relating
to these functions and, further, to coordinate all activities
pertaining thereto. (Sec. 8-62)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. Collection
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(1) All refuse must be collected, conveyed and disposed of by
the parish. However, no objection is made against private
collection operations with permits. (Sec. 8-43)
(2) All garbage, rubbish, cans and bottles must be drained of
liquids before being deposited for collection.
(Sec. 8-45:C)
(3) Garbage, rubbish and/or tras-h must be collected at inter-
vals as follows:
Garbage District No. 1 - not less than twice weekly.
Garbage Districts Nos. 2,3,4 and 5 - not less than
three times weekly.
(4) Not more than 60 gallons of garbage and/or trash or 3
standard bundles of tree branches and shrubbery shall
be removed from any one place at one collection.
(Sec. 8-48:B)
b. The fees for collection and disposal of refuse are as follows:
Garbage District No. 1 - $.45 per month per dwelling
unit
Garbage District Nos. 2,3,4, and 5 - $.50 per month
c« The charges for disposal at one parish incinerators by
commercial contract haulers or actual producers are as follows:
$200 per ton or fraction thereof; $5.00 per load for
compaction vehicles of 13 to 20 ton capacity, $7.50 per load
for compaction vehicles of over 20 ton capacity.
d. Contractor's refuse is not acceptable for municipal
collection. (Sec. 8-10)
e. Storage
(1) Owner and occupants of all premises must provide sufficient
containers for storage. (Sec. 8-2)
(2) Containers for garbage must be of galvanized steel or
other approved material with handles and tight-fitting
covers. They must be not less than 10 gallons or more
than 30 gallons in capacity. The combined weight of the
garbage and containers must not exceed 75 pounds.
(Sec. 8-3)
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(3) Containers for trash must be of wood or metal or sturdy
construction and need not be supplied with covers.
(Sec. 8-13)
(4) Explosives of any kind should not be placed in garbage
cans or trash containers. (Sec. 8-10)
The producers of flammable materials must place them in
metal containers with tight covers. (Sec. 8-13)
(5) Containers must be placed by the owners at the curb before
4.00 a.m. on the collection day and removed from the
curb after collection. (Sec. 8-47)
2. Prohibited Activities
a. It shall be unlawful to operate any vehicle in such a manner
as to cause the spillage upon streets, sidewalks or public ways.
(Sec. 8-11)
b. It shall be unlawful to deposit garbage, trash, sweeping,
etc., on sidewalks, public or private way. (Sec. 8-14)
c. It shall be unlawful to place out for collection garbage or
trash not properly separated or stored in containers. (Sec. 8-15:A)
d. It shall be unlawful to dump any garbage or trash on lots or
any open area other than the designated dumps. (Sec. 8-15:D)
e. It shall be unlawful to throw garbage, trash, sweepings, etc.,
in the Mississippi River. (Sec. 8-23)
f. It shall be unlawful to store refuse on public places and to
accumulate refuse on any premises without authorization.
V. ENFORCEMENT
1. Requirements for Permits
All vehicles transporting commercial or household refuse must be
provided with permits from the director of sanitation. (Sec. 8-12)
2. Liability for Violators
If the owner of the property fails to pay the amount due under local
or special assessment ordinance within thirty days from the date of
publication of such ordinance, the Parish Council may authorize
an actiot. either in rem against the property or in personam
against the owner, or both, for the collection of the total amount
due. (Sec. 8-88)
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3, Penalties
a. Any person throwing garbage and trash in the Mississippi
River is subject to a fine of not less than $25. nor more
than $100, or imprisonment of not more than 30 days, or
both. (Sec. 8-23)
b. Anyone who disposes of garbage, trash or refuse into the
ditches and canals is guilty of a misdemeanor punishable by
a fine of $100 or 30 days in jail, or both. (Sec. 8-24)
c. Any person permitting the growth of grass or weeds on
property or public place is guilty of a misdemeanor and subject
to a fine not exceeding $100 or imprisonment not exceeding
30 days, or both. (Sec. 8-90)
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ANNE ARUNDEL COUNTY, MARYLAND
I. NAME OF ORDINANCE
An Ordinance on Sanitary Landfill, 1969.
II. GENERAL STATEMENT
1. Declaration of Policy
The intent and purpose of this Ordinance is to protect the
public health and safety of the citizens of the County by
setting down minimum standards for the disposal of solid
wastes. (Sec. 11-400)
2. Definitions
a. Refuse - includes ashes, garbage, rubbish, junk, industrial
waste, dead animals and all other solid waste materials,
including salvable waste.
b. Garbage - includes all organic waste, consisting of the
residue of animal fruit, or vegetable matter, resulting
from the preparation, cooking, handling or storage of
food exclusive of human or animal feces.
c. Rubbish includes all refuse other than garbage.
d. Refuse disposal includes any method of final disposition
of refuse.
e. Sanitary landfill includes any planned and systematic method
of refuse disposal whereby the waste material is placed in
the earth in layers, then compacted and covered with earth
or other approved cover material at the end of each day's
operation.
f. Hazardous and special waste - includes hazardous solid and
liquid waste such as highly flammable or caustic materials,
explosives, pathological waste, sewage sludge or effluent,
poisons, infectious waste from doctors' offices such as
syringes, patients specimens, discarded dressings, etc.,
and radioactive materials. (Sec, 11-401)
III. ADMINISTRATION
1. Responsibility Agency
County Health Officer
2. Functions and Powers
a. To issue licenses to engage in solid waste disposal.
(Sec. 11-408:A)
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IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. Burial of refuse on owner's property must be limited to
agricultural areas. (Sec. 11-404:B)
b. No refuse shall be deposited less than 500 feet from any
public roadway or building. (Sec. 11-405)
2. Prohibited Activities
a. It shall be unlawful to scavenge on the landfill site.
(Sec. 11-409:B)
b. It shall be unlawful to burn refuse on sanitary landfills.
(Sec. 11-410:A)
c. It shall be unlawful for any person to dump any solid wastes
upon any vacant lot or any highway or for any person to store
any solid wastes except as provided by law. (Sec. 6-301)
3. Approved Operation of Solid Waste Facilities
a. The use of the landfill sites must be in accord with the County's
zoning regulations. (Sec. 11-406:A)
b. The site should not be closer then 1,000 feet to residential,
institutional or industrial buildings. Operation of the site
should not hinder the natural drainage pattern of the general
vicinity of the sites. (Sec. 11-406:B)
c. The design of the proposed sanitary landfill accompanying
applications for a license must include one or more topo-
graphic maps and development plans. (Sec. 11-407)
d. Access to the site must be limited, and the gates will open only
when an attendant or operator is on duty. Gates will be
locked at all other times. (Sec. 11-409)
e. No refuse shall remain uncovered for more than 6 hours from
the time of deposit. (Sec. 11-409:E)
f. Water pollution must be prevented. (Sec. 11-409:G)
g. Vermin and rodent life must be eliminated by carrying out
routine landfill operations prompi-ly in a systematic manner.
(Sec. 11-409:H)
h. The licensee must have suitable measures to control dust.
(Sec. 11-409:1)
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V. ENFORCEMENT
1. Requirements for Licenses
a. Applications for licenses to operate sanitary landfill must be
accompanied by: (1) engineering report of proposed site
survey; (2) design and development plans and specifications;
and (3) license fee of $25.00. (Sec. 11-408:A)
b« All licenses shall expire one year after date of issuance.
(Sec. 11-408:C)
2. Inspection Procedures
a. The County Health Officer or his agents shall make such
inspections of refuse disposal facilities as may be necessary
or proper. (Sec. 11-402-.A)
b. Upon completion of a sanitary fill lift, the entire surface
of the intermediate cover must be inspected monthly and all
cracked, eroded or uneven covers must be repaired.
(Sec. 11-409:1)
c. An inspection of the entire site must be made before the
earthmoving equipment is removed from the site. (Sec. 11-411:A)
3. Liability for Violators
In case of violation, the County Health Officer shall issue a
written notice. If, upon reinspection, the alleged violations
still exist, he shall issue a final violation notice and may order
such license suspended. (Sec. 11-402:B)
4. Administrative Proceedings
a. Any person aggrieved by any notice or order may, within 10 days
of service, request an informal hearing which must take place
within 10 days of such request. A written notice of the final
determination must be served upon the license within 10 days
of the informal conference. (Sec. 11-402:C)
b. Any person aggrieved by a decision of the County Health Officer
may file a notice of appeal and a petition within 30 days
from the date of said decision, (Sec. 11-403)
5. Penalties
a. Any person convicted of any violation is guilty of a misdemeanor
and punished by a fine of $500, or by imprisonment for 90
days or both. Sec. 11-415)
b. Any person convicted of a violation of Sec. 6-301 is guilty
of a misdemeanor and punished by a fine not less than $50.
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nor more than $250. and upon the second conviction is
punished by a fine of not less than $100. nor more than
$500. and by imprisonment for a period not exceeding 30 days
or both. (Sec. 6-301)
6. Performance Bonds
a. Application for licenses must be accompanied by a completion
maintenance bond, either cash or .negotiable paper, in the
amount of $500 per acre. (Sec. ll-408:A-3)
b. The full amount of the bond will be returned 12 months from
completion of the fill. (Sec. 11-411.-A-B)
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WASHINGTON COUNTY, MINNESOTA
I. NAME OF ORDINANCE
An ordinance establishing standards for and regulating the operation of
refuse disposal facilities, 1969.
II. GENERAL STATEMENT
1. Declaration of Policy
The provisions of this ordinance must be construed to be the minimum
requirements for the promotion of public health, safety and
welfare. In case of conflict, the provision which established the
higher standard for the promotion and protection of the health,
safety and welfare of the people of Washington County shall prevail.
(Sec. 6)
2. Definitions
a. Refuse - includes any solid, liquid or mixed waste substance
not suitable for disposal by means of a water-carriage
sewage disposal system.
b. Noncombustible waste - includes refuse which is incapable of
burning or being incinerated; it includes, but is not limited
to the following; natural earth; rock, sand and gravel; paving
fragments; concrete; brick, earthenware, pottery and other clay
products; plaster and other gypsum products; glass; asbestos
products; metal and metal products, except automobile bodies.
It excludes noxious wastes.
c. Combustible waste - includes refuse which is capable of burning
or being incinerated in whole or part; it excludes noxious
wastes, and includes, but not limited to paper and paper
products, including tar paper and roofing materials; cloth
and clothing; wood and wood products; brush, shrubbery, lawn
clippings and sod; street sweepings; rubber and rubber products,
including automotive tires which have been cut into quarters;
plastic and plastic products; leather and leather products;
drums, cans or other containers, which have substantially
been emptied of their contents; garbage, including all animal
and vegetable waste, except the waste products of slaughter
houses, packing plants and fowl processing plants.
d. Noxious waste - includes refuse which requires special or
unusual methods of disposal. It includes, but is not limited
to: explosive materials; highly inflammable materials;
radioactive materials; waste products of slaughter houses,
packing plants and fowl processing plants; automotive tires,
except those which have been cut into quarters; and automobile
bodies.
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e. Refuse disposal facility - includes any site or operation used
for the disposal of refuse from two or more premises or from
any commercial or industrial operation, including sanitary
landfills, incinerators and dumps.
f. Sanitary landfill - includes refuse disposal facilities which
use a method of disposing of refuse on land without creating
nuisances or hazards to public health or safety, by utilizing
the principles of engineering to confine the refuse to the
smallest practical area, to reduce it to the smallest practical
volume, and to cover it with a layer of earth at the conclusion
of each day's operation, or at such more frequent intervals
as may be necessary.
(1) Class 1 Landfill - includes sanitary landfills which
accept for disposal only noncombustible waste.
(2) Class 2 Landfill - includes sanitary landfills which
accept for disposal noncombustible waste, combustible
waste and liquid waste.
g. Incinerator - includes any refuse disposal facility which uses
a furnace or similar device to reduce the volume of refuse by
burning, as part of the disposal process.
h. Dump - includes any refuse disposal facility other than a
sanitary landfill or incinerator, including any parcel of land
where refuse is accepted for deposit or permitted to be
deposited. (Sec. 1)
III. ADMINISTRATION
1. Responsible Agency
Board of County Commissioners
2. Functions and Powers
To issue permits to haul refuse and operate a sanitary landfill.
(Sec. 2 - Sub. 2)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. No refuse shall be disposed of except at a sanitary landfill.
(Sec. 2:1)
b. Sufficient equipment in good operating condition must be avail-
able at the landfill site. (Sec. 4-1.04)
c. At each entrance to the landfill, the permittee must erect and
maintain a sign stating the name of the facility, the schedule
of the hours of operation, and rates for the use of the
facility. (Sec. 4-1.06)
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d. During the posted hours of operation, the permittee must
accept all refuse approved for that class landfill.
(Sec. 4-1.07)
e. Operation of the landfill must at all times be in accordance with
the approved comprehensive plan of operation. (Sec. 4-1.09)
f. Noncombustible waste may be deposited at any location within
the approved location of a landfill. (Sec. 4-2.01)
g. Combustible waste must be compacted in layers not greater than
3 feet in thickness. (Sec. 4 -2.02)
h. Liquid waste must be immediately mixed with combustible waste
and/or noncombustible waste. (Sec. 4-2,03)
i. Garbage, paper and other mixed loads must be covered immediately
so as to prevent the emergence of flies or infestation by
rodents. (Sec. 4-2.05)
J. An approved sanitary drinking water supply and adequate toilet
facilities must be provided on the premises. (Sec. 4-3.03&4)
k. There must be adequate fire protection. (Sec. 4-4.01&2)
1. No materials of any kind must be deposited in any natural
drainage channel or bed of any river. (Sec. 4-5.01)
m. Adequate facilities must be provided to divert flood or storm
waters from areas around the site. (Sec. 4-5.03)
n. Refuse hauling vehicles must have leak-proof bodies of easily
cleanable construction, and completely covered with metal or
heavy canvas. (Sec. 2-3.03)
2. Prohibited Activities
a. It shall be unlawful to salvage any material deposited at the
site. (Sec. 4-2.08)
b. It shall be unlawful to permit rodent infestation at any refuse
disposal facility.
.- c. It shall be unlawful to permit burning of any kind in connec-
tion with disposal operations. (Sec. 4-4.03)
V. ENFORCEMENT
1. Requirements for Permits
a. No person shall operate a sanitary landfill without a current,
valid permit issued by the County Board. (Sec. 2:1)
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b. The County Board may issue a permit for the operation of a
landfill upon submission of a comprehensive plan of operation
and payment of a permit fee of $100. (Sec. 2-2.06)
c. The Board may issue a permit for the hauling of refuse upon
submission of specifications of all of the vehicles to be used
for refuse hauling and upon payment of a permit fee of $10,
per vehicle. (Sec. 2-3.05)
d. Permits shall expire one year from the date of issue. (Sec. 2:4)
2. Inspection
The permittee is required to allow free access for inspection
of the facility at all reasonable times' to the County Board
or other governmental official. (Sec. 4:7)
3 Liability for Violators
/ pec^i? ;i'ay be revoked by the County Board for failure of the
permittee to comply with any provisions of this ordinance.
(Sec. 2:4)
4. Adminstrative Proceedings
Before a revocation of permit shall become effective, the permitee
is entitled to a hearing before the County Board, not less
than 5 days after notice of such hearing. (Sec. 2:4)
5. Penalties
Any person violating any provision of this ordinance is guilty
of a misdemeanor and upon conviction is punished by a fine of
not to exceed $100 or imprisonment for not to exceed 90 days.
(SPC. 3)
6 Performance Bonds
The applicant for a landfill permit must file a performance
bond in the penal sum of $10,000. / Sec. 2-2.03/. The
applicant for a hauling permit must file a performance bond of
$3,000.00. (Sec. 2-3.02)
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ST. LOUIS COUNTY, MISSOURI
I. NAME OF ORDINANCE
An Ordinance to Regulate and Control the Disposal and Dumping of
Garbage, Refuse and other Trash, Ordinance No. 308, 1953, as amended.
II. GENERAL STATEMENT
1. Declaration of Policy
The purpose of this Ordinance is to regulate and control the dumping
and disposal of garbage and refuse, to the end that the public
health, safety and welfare will be protected and enhanced and to
prevent and prohibit the indiscriminate and uncontrolled use of
property for dumping purposes; to prevent and prohibit open dumping
and to require that disposal and dumping of garbage and refuse
be authorized and permitted only in county licensed and approved
county dumps and sanitary landfills. (Sec. 28.01)
2. Definitions
a. Private dump - includes all land or parcels of land on which
non-putrescible refuse is accepted for deposit or permitted to
be deposited regardless of whether a charge is made therefor.
b« Garbage includes - all animal and vegetable waste and all
putrescible matter.
c. Refuse - includes all waste substances including garbage as
well as noncombustible wastes.
d. Combustible waste - includes all waste substances capable of
incineration or burning, but excluding explosive or highly
inflammable material.
e. Noncombustible waste - includes all other waste substance not
capable of incineration or burning, including ashes, glass,
metal, earthenware and the like.
f. Sanitary landfill - includes types of operations in which
refuse is deposited by plan on a specified portion of open
land, is compacted by force applied by mechanical equipment,
and then is covered by a layer of earth, ashes or suitable
covering material to a depth of at least 2 feet. (Sec. 28.03)
III. ADMINISTRATION
1. Responsible Agency
Health Commissioner
2. Functions and Powers
a. To issue a license to operate a private dump or sanitary landfill.
(Sec. 28.04)
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b. To enforce the provisions of this ordinance. (Sec. 28.09)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. All garbage and other refuse shall be thoroughly compacted by
equipment of sufficient weight and capacity.
b« Mixed refuse shall be spread out on the working face of the
landfill so that the depth does not exceed a maximum depth
of 2 feet.
c. The area should be continually policed to prevent fire and
blowing of papers; shall be neat and sanitary at all times;
and shall be covered at the end of each day's operation.
d. The active faces of the landfills should be covered with at
least 6 inches of covered material. A minimum depth of 12
inches of cover material shall be kept on all inactive faces
of the fill.
e. Where the ''trench system'' of landfill is used, successive
parallel trenches must be at least 2 feet apart.
f. Blowing of paper and other materials shall be controlled from
the landfill.
g. All salvaged material must be handled and stored in such a
manner as to prevent rat harborage and permit proper operation
of the landfill.
h. Adequate fire fighting equipment shall be available at all times.
i. There shall be no seepage or drainage of any material from
the fill.
j. There shall be an all-weather access road.
k. An auxiliary fill site shall be available.
1. Insects and rodents on the landfill site shall be controlled.
m. The Enforcement Officer may grant exceptions or impose
additional requirements. (Sec. 28.07)
2. Prohibited Activities
a. It shall be unlawful for any person to permit the disposing of
any refuse in any quarry unless it is operated as a licensed
dump or sanitary landfill. (Sec. 28.05)
b. It shall be unlawful to dump garbage and combustible material
on private dumps. (Sec. 28.06)
c. It shall be unlawful to burn any materials in a dump or landfill.
(Sec. 28.07)
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V. ENFORCEMENT
1. Requirements for Licenses
a. It shall be unlawful to use any premises for the dumping of any
waste materials without securing a license. (Sec. 28.04)
b. The permit shall be used upon the payment of an annual fee of
$200. (Sec. 28.04)
2. Inspection Procedure
The Health Commissioner shall provide adequate and frequent inspec-
tions of the landfill sites and shall be authorized to call upon
the Planning Commission for assistance in making inspections.
(Sec. 28.09)
3. Liability for Violators
a. Unless violation of the provisions of this ordinance is corrected
within 24 hours after notice to the permit holder, the County
Council may suspend or revoke any permit. (Sec. 28.09)
b. If the permit holder refuses to correct the violation within 24
hours, the Enforcement Officer may enter upon the premises of
the dump or landfill and do necessary work to correct any
violation. The cost of correcting such conditions shall be
assessed against the permit holder. (Sec. 28.09)
c. Any permit or license may be revoked or suspended for failure
to pay the license fee or the cost of correcting hazardous
conditions. (Sec. 28.10)
4. Administrative Proceedings
a. The Planning Commission and the. Health Commissioner shall hold
a joint public hearing on the question of whether the issuance
of a permit to the applicant is required. (Sec. 28.04)
b. The County Council may suspend or revoke any permit, only after
a public hearing to which the violator shall have been invited.
(Sec. 28.09)
c. The notice of hearing shall be sent to the permit holder at
least 10 days prior to the date of said hearing. (Sec. 28.10)
5. Penalties
Any person who violates any provisions of this Ordinance shall be
fined not less than $25 nor more than $500. (Sec. 28.11)
6 * Performance Bonds
Permits shall be issued upon delivery to St. Louis County of a cash
or corporate bond in the amount of $1,000. (Sec. 28.04)
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DOUGLAS COUNTY, NEBRASKA
I. NAME OF ORDINANCE
Sanitary Landfill Regulation, 1966.
II. GENERAL STATEMENT
1. Declaration of Policy
The purpose of this ordinance is the elimination of open dumps and
the prevention of health, sanitation and esthetic nuisances in the
future.
2. Definitions
a. Sanitary landfill - includes types of operation in which garbage
and refuse or garbage or refuse is deposited by plan on a
specified portion of land, is compacted by force applied by
mechanical equipment, and then is covered by compacted suitable
covering material to a depth of at least six to twelve inches
over individual cells of garbage and refuse or garbage or
refuse, which are closed at the end of each day, and to a
depth of at least twenty-four inches over the finished landfill.
b. Garbage - includes all animal and vegetable waste and all other
putrescible matter.
c. Refuse - includes all waste substances including garbage as
well as combustible and noncombustible wastes.
III. ADMINISTRATION
1. Responsible Agency
County Health Department
2. Functions and Powers
To issue permits for the disposal of garbage and refuse.
IV. SCOPE OF LEGISLATION
1. Standard and Regulations
a. All garbage and other refuse must be thoroughly compacted by
equipment capable of producing a downward or ground pressure
of at least five pounds per square inch.
b. The depth of mixed refuse material must not exceed a maximum
depth of 2 feet prior to its compaction.
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c. The area of the landfill must be continually policed to
prevent fire and smoke and the blowing of papers, and must
be covered at the end of each days' operation.
d. A minimim depth of 12 inches of compacted cover material
must be kept on all inactive faces of the landfill. The
active faces of the landfill must be covered with at least
6 inches of cover material.
e. Adequate measures should be taken to prevent erosion.
f. Temporary or permanent fences should be erected to te;; = onably
control blowing of paper and other materials from the landfi U.
g. Access to the landfill site must be controlled.
h. There should be provided an all-weather access road.
i. Surface drainage facilities should be provided on the landfill
site which will permit the drainage of storm water.
j. The permittee must take such measures as are necessary to control
dust.
2. Prohibited Activities
a. It shall be unlawful to dump garbage and refuse.
b« It shall be unlawful to salvage or scavenge materials from the
landfill.
c. It shall be unlawful to burn garbage and refuse on the landfill
site.
V. ENFORCEMENT
1. Requirements for Permits
a. It shall be unlawful to use any land for the dis~>os;;l ot any
garbage and refuse without securing a permit issued by the
Board of Adjustment.
b. The application for a permit to operate a sanitary landfill
must be filed wich the County Permits and Inspection.
c. The permit is granted by the Board of Adjustment only after
the payment to the Health Department of an annual inspection
fee of $...
2. Inspection Procedures
a. The Health Director shall provide adequate and frequent
inspections of the sanitary landfill sites.
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b. It is the duty of the operator of a landfill to give the
Health Director free access to the landfill site for the
purpose of making inspections.
3. Liability for Violators
a. Unless violation is corrected within a reasonable time after
notice is received, the Health Director shall notify the
Board of Adjustment. In the event the permit holder refuses
to correct the violations within 24 hours after notice, the
Board may direct County Surveyor to do such work as is
necessary to correct the violation.
b. The Board may revoke the permit for the violation of any
provisions of this ordinance.
4. Administrative Proceedings
a. The permit holder should be given an opportunity for a hearing
before the permit is revoked for the violation of any provisions.
b. Whenever any permit has been revoked, the holder may file a
written application for reinstatement with the Health Director.
The Board of Adjustment may reinstate the permit after a
reinstatement fee of $25,000 is paid to the County Health
Department.
5. Penalties
Any person who violates any of the provisions of this regulation
shall, upon conviction, be fined in any sum not to exceed
$250,000 or be sentenced to be imprisoned not to exceed 30 days
in jail.
6. Performance Bonds
a. The permit shall be granted only after delivery of a cash or
performance bond in the amount of $ .
b. Bond shall run for two years after the landfill site has been
finished and brought to final grade.
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UMATILLA COUNTY, OREGON
I. NAME OF ORDINANCE
Rules and Regulations for the Operation of Garbage and Refuse Disposal
Sites and Issuing Permits or Prohibiting Permits and Methods, 1966
II. GENERAL STATEMENT
1. Definitions
a. Ash - includes residue from the burning of any combustible
material or the residue from incomplete combustion.
b< Cell - includes any part of a sanitary landfill or a landfill
consisting of compacted refuse which is covered with earth
on its exposed surfaces during a designated period.
C. Garbage - includes putrescible animal and vegetable wastes
resulting from handling, preparation, cooking and consumption
of food.
d. Incineration - includes all combustion processes for disposing
of combustible wastes by burning to ash.
e. Landfill - includes disposal of refuse by compaction and
covering at specific designated intervals but not necessarily
daily,
f. Refuse - includes all solid wastes, including garbage,
rubbish and ashes,
g. Rubbish - includes non-putrescible solid wastes, excluding
ashes, consisting of both combustible and noncombustible
wastes such as paper, cardboard, yard clippings, wood, glass,
cans, bedding and similar materials.
h. Salvage - includes all processes of retrieving reclaimable
materials such as paper, metal, bottles, rags, and/or other
objects for the purpose of sale or other use.
i. Sanitary landfill - includes methods of disposal of refuse
by an approved method of compaction and cover at the end of
each day's operation with earth or other suitable materials
to prevent public health and safety hazards and nuisances.
III. ADMINISTRATION
1. Responsible Agency
County Health Officer
2. Functions and Powers
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a. To issue permits to operate any garbage or refuse disposal site.
IV, SCOPE OF LEGISLATION
1. Standards and Regulations
a. Refuse must be disposed of either in a sanitary landfill or in
an incinerator approved by the State Authority, or other
accepted methods. (Sec. 4.20)
b. Liquid wastes must be disposed of either in a sanitary landfill,
or by an approved method.
c. Sites for landfills must be located at least one-fourth mile
from any existing dwelling, house or public highway.
d. No domestic water resources would be polluted at the sites.
All sites must be provided with an all-weather access road
and be maintained so that no nuisance is created. (Sec. 5.30)
e. The owner and operator or his representative must be at the
site at all operating times. (Sec. 6.30)
f. Materials which may cause a public health problem shall not be
placed on the disposal site except under conditions specified
by the Health Officer. (Sec. 6.40)
g. Adequate measures to prevent or control fire must be under-
taken. (Sec. 6.70)
h. Salvage must be rigidly controlled on site. (Sec. 6.80)
i. The cell of refuse at sanitary landfills must be covered with
at least six inches of earth. (Sec. 7.10)
j. The final earth cover must be maintained 'at a depth of
twenty-four inches after compaction.
k. The County Court may authorize a variance, not causing a
nuisance, from the requirements of these rules and regulations
in exceptional case.
2. Prohibited Activities
a. It shall be unlawful to dispose of refuse or liquid wastes in
open dumps with or without burning. (Sec. 4.10)
b« It shall be unlawful for any person to be allowed to transport
refuse to any point outside of the designated area, nor shall
any refuse be transported outside of the area into the area
without consent of both the operator and the County Court,
(Sec. 6.90)
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V. ENFORCEMENT
1. Requirements for Permits
a. Any person must procure a. written permit from the County Court
for operation of any disposal site. (Sec. 2.10)
b. Before granting a permit, the responsible agency must inspect
the proposed site and ascertain whether the site meets the
requirements and the proposed disposal site would cause a
health hazard. (Sec. 2.20)
c. The permit is renewable on an annual calendar year basis.
(Sec. 2.30)
2. Adminstrative Proceedings
a. Any person seeking to obtain a variance of this ordinance must
file a written application for a public hearing. (Sec. 10.10)
b. Upon receiving the application, the Health Offices must forward
the application to the County Court. (Sec. 10.20)
c. The County Court shall hold a public hearing to be held not less
than 30 days after the date of filing. (Sec. 10.30)
d. Notice of a public hearing must be given by posting such
notice in a conspicuous place and by mailing a copy of the
notice at least 15 days before the hearing to each property
owner. (Sec. 10.40)
3. Penalties
Violation of any provision of these Rules and Regulations is
punishable in accordance with O.R.S. 433.990 (8) and/or O.R.S.
431.990. (Sec. 11.10)
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MADERA COUNTY, CALIFORNIA
I. NAME OF ORDINANCE
"Refuse Disposal Ordinance" of Madera County, Ordinance No. 275,
October 1, 1963, as amended by Ordinances No. 275-A, No. 275-C, No. 275-D.
II. GENERAL STATEMENT
1. Declaration of Policy
The purpose of this ordinance is to institute an orderly program for
the collection, transportation and disposal of refuse in order to
promote the community welfare, convenience, health and safety,
and to prohibit random refuse disposal and littering along public
highways or roads and to establish county refuse disposal sites
and to control refuse disposal operations. (Art. II)
2. Definitions
a. Disposal area - includes any site, public or private, location,
tract of land, area, building structure or premises used or
intended to be used for disposal of refuse or industrial wastes,
except animal rendering plants, hog raising ranches, alcoholic
distilleries utilizing wastes, processing plants utilizing
raw materials, and salvage depots receiving waste paper products
to be used as a raw material in manufacturing.
b. Refuse - includes any accumulations of animal, vegetable or
mineral waste matter that attends or results from its preparation,
processing, use, cooking, or storage including the same or
parts thereof. (Art. Ill)
III. ADMINISTRATION
1. Responsible Agency
Health Department and County Engineer
2. Functions and Powers
a. To issue permits for collecting refuse and operating disposal
sites, (Art. V, Sec. 1)
b. To control disposal sites. (Art. VIII, Sec. 1)
c. To '"ile an action in the Superior Court for the County requesting
an order to command the performance of the provision or
punishment. (Art. XI)
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. SCOPE OF LEGISLATION
1. Standards and Regulations
a. All refuse disposal in designated disposal sites should be by
means of the sanitary landfill or other acceptable methods.
(Art. VIII, Sec. 2)
b. Every owner should keep the premises in his control in a sanitary
condition. (Art. IX, Sec. 1)
c. All agricultural or industrial wastes should be disposed of in
a sanitary condition. (Art. IX, Sec. 1)
d. The County Engineer shall operate and maintain all county owned
or operated disposal sites, (Art. X, Sec. 1)
e. Any person permitting any refuse to be placed in a manner to
become a health or safety hazard should remove it within 48
hours to an approved disposal site. (Art. IV, Sec. 5)
2. Prohibited Activities
a. It shall be unlawful to collect any refuse or garbage or operate
any private disposal site without a permit by the Health
Department.
b. It shall be unlawful to place, deposit, or dump on any public
street or place any refuse or garbage, except in designated sites.
c. It shall be unlawful for any person to deposit any hazardous
material in any approved dump site without permission.
(Art. IV, Sec. 4)
V. ENFORCEMENT
1. Requirements for Permits
a. No person shall collect refuse or garbage and operate any private
disposal site without a permit by the Health Department.
b. The Health Department may deny, revoke or withold a permit
in case of noncompliance with any ordinances of the County.
(Art. V, Sec. 2).
c. Any person engaged in hog feeding must obtain approval from
the Bureau of Animal Health, Division of Animal Industry,
State Department of Agriculture before a permit will be issued.
(Art. VI)
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2. Inspection
All persons operating a transportation service or a disposal site
must permit inspection by the Health Department at all times.
(Art. VII)
3. Liability for Violators
The County Engineer may, after notice,' revoke any permit for any
use which violates this and other ordinances. (Art. X, Sec. 9)
4. Penalties
a. It is a misdemeanor, punishable by 6 months in jail, a $500.00
fine, or both, for any person to import across the Madera
County line, and deposit in any county operated dump site, ref-
use originating outside the County of Madera. (Art. X, Sec. 4)
b. Any person entering upon the Ripperdan dump site and any other
site, damaging fences or removing refuse or material from
said dump, is guilty of a misdemeanor, punishable by 6 months
in jail, a $500.00 fine, or both. (Art. X, Sec. 6)
c. Any person depositing refuse in dump site, without a permit,
is guilty of a misdemeanor and punishable by 6 months in jail,
a $500.00 fine,or both. (Art. X, Sec. 7)
d. It is a misdemeanor for any county resident to permit the
dumping of any refuse imported into the County. (Art. X, Sec. 8)
e. Any person violating any of the provisions of this ordinance is
guilty of a misdemeanor and punishable by a fine of not more
than $500.00 or by imprisonment for a period not exceeding 6
months, or by both. (Art. XI)
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NAPA COUNTY, CALIFORNIA
I. NAME OF ORDINANCE
An Ordinance for the Regulation of Garbage and Refuse Collection, Trans-
portation and Disposal, Ordinance No. 213, October 20, 1960.
II. GENERAL STATEMENT
1. Declaration of Policy
It is the purpose of this Ordinance to institute within the County of
Napa an orderly program for the collection, transportation, and
disposal of refuse in order to promote the community welfare,
convenience, health and safety. (Art. II)
2. Definitions
a. Disposal area - includes any site, location, tract of land,
area, building, structure or premises used or intended to be
used for garbage, rubbish, swill or refuse disposal, except an
animal rendering plants, hog-raising ranches, alcohol distilleries
utilizing waste raw material, and salvage depots receiving only
waste paper and as a raw material in manufacturing.
b. Garbage - includes refuse resulting from preparation, cooking
and consumption of edible foodstuffs or resulting from the decay
dealing in or storage of meat, fish, fowl, fruit or vegetables.
c. Refuse - includes any solid or semi-solid waste product other
than domestic sewage or other human body waste, including but
not restricted to garbage, swill, trash, rubbish, construction
waste industrial and domestic solid and semi-solid waste, tree
or shrub trimmings and grass clippings.
d. Rubbish - includes non-putrescible solid wastes consisting of
both combustible and noncombustible wastes such as paper,
cardboard, tin cans, yard clippings, wood, glass, bedding,
crockery, rubbish, tires, and similar materials.
e. Swill - includes that garbage which is wholly, or nearly so
edible and useable as food and having food value for animals or
fowl, accumulating from animal, vegetable or other matter wasted
from clubs, hospitals, hotels, restaurants, and public eating
places. (Article III, Sec. 1)
III. ADMINISTRATION
1. Responsible Agency
County Health Department
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2. Functions and Powers
a. To issue permits for collection and disposal of refuse.
(Art. IV, Sec. 1 and Art. VI, Sec. 1)
b. To establish rules and regulations covering the operation and
maintenance of disposal areas, refuse collection service and
other uses. (Art. VI, Sec. 11)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. All refuse shall be removed at least once a week. (Art. V,
Sec. 1)
b. Every one shall provide suitable and sufficient water tight cans
or receptacles of galvanized metal or other material approved
by the Health Department of equal fly, rodent, rust and fire
resistant qualities, with suitable bails or handles and with
tightly fitting covers. There shall be sufficient containers
of not greater capacity than 35 gallons. All such containers
shall be kept in a sanitary condition at all times. (Art. V,
Sec. 2)
c. All refuse disposal shall be by means of sanitary landfill and
shall be operated in accordance with the following standards:
(1) The garbage, rubbish, swill or refuse shall be covered
with not less than 2 feet of compacted dirt fill. The
working area shall be covered with 6 inches of earth
at the end of the day's operation.
(2) Rat and fly control measures shall be undertaken.
(3) No burning shall be permitted.
(4) Sufficient water supply shall be available for control
of flies. (Art. VI, Sec. 4)
d. Any person responsible for the feeding of swine on garbage or
swill shall maintain the premise in a sanitary manner, and
shall dispose of the uneaten residue within 24 hours. (Art. VI,
Sec. 5)
e. A means of covering and containing the refuse securely within
the hauling body of every collection vehicle shall be provided.
(Art. VI, Sec. 7)
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f. All operators of refuse collection or disposal services shall
maintain such operating records as the Health Department may
require. (Art. VI, Sec. 10)
2, Prohibited Activities
a. It shall be unlawful for any person to allow any refuse to
remain on vacant lot or premises. (Art. V, Sec. 3)
b. It shall be unlawful to conduct such activities as animal feeding,
chicken raising or other commercial enterprise on the working
area of any garbage, rubbish or refuse dump. (Art. VI, Sec. 4e)
c. It shall be unlawful to burn garbage except in areas designated
by the Health Department. (Art. VI, Sec. 12)
V. ENFORCEMENT
1. Requirements for Permits
a, A permit is required to collect or transport any refuse. Such
permit shall not be transferable. (Art. IV, Sec. 2)
b« The permit fee for the conduct of a refuse collection service
shall be $25.00 for the first vehicle, $15.00 for the second
vehicle, $10.00 for the third vehicle, and $5.00 for each
additional vehicle per annum. (Art. IV, Sec. 3)
c. A permit is required to operate a refuse disposal area. (Art. VI,
Sec. 1) A fee of $25.00 shall be paid at the time of filing
application. (Art. VI, Sec. 2)
2. Inspection Procedure
An inspection fee of $150.00 is established for operation and in-
spection of the refuse disposal area. (Art. VI, Sec. 3)
3. Liability for Violators
The Health Department may revoke a permit if the vehicles, area or
other facilities for operating the refuse collection service or
disposal area are insufficient, or incapable of being maintained to
comply with this or other ordinance. (Art. VI, Sec. 8)
4. Administrative Proceedings
Any dissatisfied person may appeal to the Board of Supervisors, who
shall have the power to hear and determine such appeal. Said appeal
shall be taken by filing a notice of appeal within ten days after
the date of decision or ruling. No later than 30 days after receipt
of said notice of appeal, the Board shall set the matter for
public hearing. (Art. VI, Sec. 9)
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5. Penalties
Any person, who violates any provision of this ordinance shall be
guilty of a misdemeanor, and upon conviction thereof shall be punished
by a fine of not less than $25 nor more than $500, or by imprison-
ment for not more than 6 months, or by both. (Art. VII).
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SACRAMENTO COUNTY, CALIFORNIA
I. NAME OF ORDINANCE
An Ordinance Relating to the Transportation, Collection and Disposal of
Refuse in the Franchise and Non-franchise Areas of the Unincorporated
Territory of the County of Sacramento, Ordinance No. 1002, August 19, 1968,
as amended.
II. GENERAL STATEMENT
1. Declaration of Policy
This Ordinance is for the protection of public health, safety and
welfare, and its provisions are to be liberally constructed to
obtain the beneficial purposes thereof. (Sec. 34)
2, Definitions
a. Garbage - includes refuse resulting from the preparation, cooking
and consumption of edible foodstuffs or resulting from decay,
dealing in, or storage of meat, fish, fowl, fruit or vegetables,
and solid or semi-solid putrescible waste from clubs, hospitals,
hotels, resturants, homes and dwelling places, and from other
eating places, and from vegetable handling and food processing
establishments of packing sheds, including tin cans and bottles.
b. Rubbish - includes non-putrescLble wastes, such as paper, card-
board, grass clippings, tree or shrub trimmings, wood, bedding,
crockery, rubber tires, construction wastes and similar waste
materials,
c. Refuse - includes both rubbish and garbage.
d. Sanitary fill method - includes processes of refuse disposal
whereby the refuse is deposited in a depression or excavation
in the ground and then covered with earth. (Sec. 3)
III. ADMINISTRATION
1. Responsible Agency
Health Department
2. Functions and Powers
a. To issue temporary interim permits for the collection of refuse.
(Sec. 5.5)
b. To issue permits for collection and disposal. (Sec. 9 and 18)
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c. To suspend or revoke any permit. (Sec. 25)
d. To make all necessary and reasonable rules and regulations.
(Sec. 26)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. The bodies of collection trucks should have beds of metal or of
impervious material which can be cleaned. (Sec. 11)
b. Every occupant and owner must provide suitable and sufficient
water tight cans, each capable of holding 30 gallons of refuse.
Such cans must be equipped with suitable bales or handles and
have tightly fitted covers and must not permit the escape of
odors. (Sec. 15)
c. All refuse except commercial refuse must be removed from the
premises at least once each week. The Health Department may
require a greater or lesser number of collections consistent
with proper sanitary requirements. (Sec. 16)
d. No person shall allow any accumulation of rubbish to remain
for longer than two weeks if such rubbish is within 400 feet
of any building, nor for more than 4 weeks if beyond said
distance. (Sec. 17)
e. Refuse disposal must be by the fill and cover method or by any
approved sanitary or mechanical method. Refuse disposal by
burning should not be permitted unless it is not detrimental to
public health. Disposal areas should be completely surrounded
by a fence or wall. Said fence or wall should extend above
the ground at least 6 feet. (Sec. 22)
f. A licensed contractor or builder may burn combustible waste
material resulting from construction or building at the site of
of such construction or building. All such burning should be
subject to fire regulations and air pollution control regulations,
(Sec. 32.5)
2. Prohibited Activities
a. It shall be unlawful to collect refuse without a valid permit.
(Sec. 9.5a)
b. It shall be unlawful to operate a refuse disposal area in the
unincorporated area of the County of Sacramento north of the
American River without a permit, and to dump any refuse upon any
property or highway. (Sec. 18)
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7. ENFORCEMENT
1. Requirement for Permits
a. The Health Department may issue temporary interim permits for
the collection of refuse. (Sec. 5.5)
b. No collection permit shall be issued or renewed unless the
Sheriff has approved the application. (Sec. 5.6)
c. The application for a permit to collect refuse in a non-franchise
area shall be made in writing to the Health Department. (Sec. 6)
d.
The fee for any refuse collection permit is $100 per truck per
calendar year or portion thereof. (Sec, 8)
e. A person collecting dead animals, bones, meat scraps, or food
waste, or hauling other waste material must obtain a permit.
(Sec, 13)
f. Any person who operates a refuse disposal area must obtain a
permit from the Health Department. The fee for such permit is
$50.00 for the two year period. Before issuance of any permit,
the County Planning Department determines whether or not pro-
posed site is in a proper zone. (Sec, 19)
2. Inspection
All trucks used for the transportation of refuse must be inspected
by the Health Department. (Sec. 20)
3. Liability for Violators
The Health Department may suspend or revoke any permit in case of
non-compliance with the provisions of this ordinance. (Sec. 25)
4. Administrative Proceedings
Any person who is dissatisfied with any decision or ruling of the
Health Department may appeal to the Board of Supervisors, which
board shall hear the matter de novo. The majority decision of the
full membership of such Board is required to reverse the action of
the Department. Said appeal must be taken by filing a Notice of
Appeal within 10 days of said decision. The hearing on said appeal
must be only after notice of the time thereof mailed to appellant
and respondent at least 7 days before said hearings. (Sec 25)
5. Penalties
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Any violator is guilty of a misdemeanor and upon conviction is
punishable by a fine of not exceeding $500.00, or by imprisonment
not exceeding 6 months, or by both. (Sec. 35)
6. Performance Bonds
Before issuance of any permit, the Health Department shall require
the applicant to post a cash bond in the sum of $1,000.00 or a
surety bond in the same amount. If applicant has less than 1,000
but more than 500 customers, he must post a bond of $500.00. If said
applicant has 500 customers or less, he must post a bond of $250.00.
(Sec. 9)
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SAN BERNARDINO COUNTY, CALIFORNIA
I. NAME OF ORDINANCE
Ordinance No. 1335, February 6, 1967, as amended by Ordinance No. 1524.
II. GENERAL STATEMENT
1. Declaration of Policy
This Ordinance is an urgency measure necessary for the immediate
protection and preservation of the public health, safety, and
welfare. (Sec. 3)
2. Definitions
a. Garbage - includes, but is not restricted to, every accumulation
of animal, vegetable or other material (1) resulting from
the preparation and consumption of edible foodstuffs, or (2)
resulting from decay, dealing in or storage of meats, fish,
fowl, fruits or vegetables including the cans, containers or
wrappers wasted along with such materials or (3) such industrial
domestic and organic solid wastes or residue animals sold for
for meat or (4) fruit, vegetable and animal matter from kitchens,
dining rooms, markets, food establishments or any other place
using, dealing in or handling meats, fish, fowl, fruits, vegetables
or grains or (5) offal, animal excreta or the carcasses of
animals, fish or fowl.
b. Rubbish - includes but is not restricted to all non-putrescible
waste or debris such as paper, cardboard, grass, tree or shrub
trimmings, rugs, straw, clothing, wood or wood products,
crockery, glass, rubber, metal, plastic, construction waste and
debris and other similar metalsv
c. Refuse - includes both garbage and rubbish as defined above.
d. Truck - includes any truck, trailer, semi-trailer, conveyance
or vehicle used or intended to be used for the purpose of
collecting refuse to haul or transport refuse upon public high-
ways or thoroughfares.
e. Rubbish disposal - includes the collecting, transporting and
disposal of garbage and/or rubbish in the unincorporated
territories of the county.
f. Refuse disposal site - includes any site location or tract of land,
area, building, structure or premises designated as Rubbish
Disposal Sites by the Board of Supervisors and any County owned
or County operated disposal area or dump where garbage and/or
rubbish- is placed for disposal. (Sec. 1830)
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III. ADMINISTRATION
1. Responsible Agency
Public Health Department
2. Functions and Powers
a. To issue permits to operate a refuse collection service. (Sec. 1831)
b. To make all necessary and reasonable rules and regulations.
(Sec. 1847)
3. Appointment of an Advisory Board
a. There is authorized an Advisory Council which shall consist of 7
persons appointed by the Board of Supervisors from the following:
One member from the County Administrative Services, the Public
Health Department, the County Refuse Disposal Engineer, the
Office of the County Counsel; and three members engaged in the
Refuse Disposal Business in the County.
b. The Advisory Council shall meet at least semi-annually to review
the Refuse Disposal Program with the Public Health Department.
c. The Council shall make recommendations to the Public Health
Department and the Board of Supervisors as deemed necessary.
(Sec. 1854)
IV, SCOPE OF LEGISLATION
1. Standards and Regulations
a. Everyone shall provide suitable and sufficient water tight cans,
each capable of holding a maximum of 36 gallons. Such containers
shall be equipped with suitable balls or handles and shall have
tightly fitted covers, and shall not leak nor permit the escape
of odors. They shall be readily accessible to the refuse
collector or permit holder. (Sec. 1833)
b. All refuse shall be collected at least once each week. All
garbage shall be collected at least twice each week. (Sec. 1834)
c. For the purpose of this ordinance, the County shall be divided
into permit areas, (Sec. 1836)
d. All bodies of collection vehicles shall be constructed of metal
and shall be leak-proof. The vehicles shall be maintained at
all times in a clean, sanitary condition. (Sec. 1847)
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e. Garbage trucks shall be equipped with watertight metal tanks.
All persons collecting garbage shall clean and disinfect all
equipment at least once daily. (Sec. 1847)
f. All operators of refuse collection shall keep and maintain
operating records and shall submit periodic reports. (Sec. 1847)
g. The permit holder shall not collect garbage or rubbish between
the hours of 10:00 p.m. and 6:00 a.m. (Sec. 1847)
h. Refuse from outside of the county shall not be accepted at a
County Refuse Disposal Site. (Sec. 1850)
2. Prohibited Activities
a. It shall be unlawful for any person to leave trucks loaded with
refuse parked for over a 24-hour period. (Sec. 1847)
b. It shall be unlawful for the permittee to transport any refuse
from outside the County to disposal areas within the county.
(Sec. 1847)
c. It shall be unlawful for any person other than an authorized re-
fuse disposal site operator to be on a refuse disposal site
area during the hours of closure. (Sec. 1849)
d. It shall be unlawful to scavenge or salvage without the per-
mission from the Refuse Disposal Engineer. (Sec. 1850)
e. It shall be unlawful for any person to dump any refuse at a
place other than the designated area. (Sec. 1852)
V. ENFORCEMENT
1. Requirements for Permits
a. It is unlawful for any person, other than the permit holder, to
operate a refuse collection service, or refuse disposal area
within any permit area. (Sec. 1837)
b. Permits shall be renewed annually. (Sec. 1842)
2. Inspection Procedure
All of permittees equipment shall be inspected at the discretion
of the Division of Environmental Sanitation of the Public
Health Department, at the point of operation, (Sec. 1847)
3. Liability for Violators
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If the operator or manager has not complied with the provisions
of this ordinance, the Health Officer, after a hearing, shall
be empowered to revoke the permit. (Sec. 1840)
4. Administrative Proceedings
Any dissatisfied person may appeal to the Board of Supervisors,
who has the power to grant or deny such appeal. Said appeal
shall be taken by filing with the Clerk of the Board a Notice
of Appeal within 10 days after the date of a decision or ruling.
(Sec. 1847)
5. Penalties
Every person violating the provisions of this Division is
guilty of a misdemeanor, and shall be punished by a fine not to
exceed $1,000 or 6 months or by both. (Sec. 1855)
6. Performance Bonds
Before issuing any permit, the Board shall require the applicant
to post a cash bond in the sum of $2,500 or a surety bond in
the same amount. (Sec. 1839)
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SAN DIEGO COUNTY, CALIFORNIA
I. NAME OF ORDINANCE
An Ordinance Repealing and Reenacting Chapter 5 of Division 8 of Title
6 of the San Diego County Code to Regulate Collection and Transportation
of Garbage and Rubbish, 1969.
II. GENERAL STATEMENT
1. Definitions
a. Garbage - includes all livestock or animal offal, swill, all
fruit or vegetable waste made originally in the preparation of
food or any manufactured product thereof whether produced in
packing houses, markets, kitchens, dwellings, restaurants, or
institutions, private or public, where garbage is produced, and
all waste or cleanings from chickens or other fowl, rabbits,
livestock, or other animals, or fish or other seafood, that
shall have been prepared for or intended to be used as food.
b. Rubbish - includes trash, refuse, paper, glass, cans, bottles,
rags, ashes, trimmings from lawns, shrubbery and trees, leaves
and other solid wastes other than garbage, auto parts, dirt,
rocks and/or materials from the demolition, alteration or
construction of buildings, but does not include clean fill dirt.
c. Refuse - includes, but is not restricted to, putrescible or
non-putrescible solid wastes consisting of both combustible and
noncombustible wastes such as paper, cardboard, garbage, rubbish,
grass clippings, tree or shrub trimmings, wood, bedding,
crockery, rubber tires, construction waste, and similar waste
materials, except sewage. (Sec. 68.501)
III. ADMINISTRATION
1. Responsible Agency
Director of Public Works
2. Functions and Powers
a. To supervise all county refuse disposal areas. (Sec. 68.511)
b. To promulgate rules and regulations regulating the operation of
county refuse disposal areas (Sec. 68.511) and transportation
and collection of rubbish and garbage. (Sec. 68.532)
c. To issue permits for the collection and transportation of
garbage and rubbish. (Sec. 68.520)
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IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. Refuse must be contained and/or covered so as to prevent it
from leaking or falling from the vehicle in which it is being
transported. (Sec. 68.504)
b. Collectors of garbage or rubbish must provide service to all
residents and all commercial and industrial establishments
desiring such collection service. (Sec. 68.533a)
c. A collector's charges for all services must be non-discriminatory
and uniform for equal services rendered. (Sec, 68.533b)
d. Residential pick-ups must be made only between the hours of
6 a.m. and 8 p.m. on an approved schedule. (Sec. 68.533d)
e. Garbage and rubbish may be placed in the same containers.
(Sec. 68.537a)
f. Every permittee must provide not less than one regular weekly
collection to all customers. (Sec. 68.533f)
g. All collection trucks must be in good mechanical condition, and
must be closed, leakproof, self-unloading, and originally
constructed for the purpose of garbage and/or rubbish collection.
(Sec. 68.536c)
h. All containers must be in good condition, clean and leakproof,
and must be constructed of moisture-proof metal, plastic, rubber, or
waterproof fiber composition with tight-fitting covers. (Sec. 68.537b and c)
i. No filled container shall weigh more than 70 pounds, and no
container shall have a capacity of less than 15 gallons or more
than 40 gallons. (Sec. 68.537 d)
j. Brush and similar materials must be tied securely in bundles
weighing not more than 50 pounds and not more than 4 feet long
unless containerized. (Sec. 68.537e)
k. No container shall be placed out at the curb or alley prior to
4 p.m. on the day prior to scheduled collection, and all
containers must be removed prior to noon on the day following
collection day. (Sec. 68.537f)
2. Prohibited Activities
a. It shall be unlawful to dump any garbage or rubbish upon any
highway or any property, or public grounds and water streams.
(Sec. 68.502)
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b. It shall be unlawful to dispose of garbage, industrial wastes,
medical wastes, and hazardous materials at a county operated
burning disposal area. Noncombustible solids shall not be mixed
with combustible materials at such disposal sites.
(Sec. 68.514)
V. ENFORCEMENT
1. Requirements for Permits
a. A permit is required to collect or transport garbage or rubbish.
(Sec. 68.520)
b. The annual fee for a permit is as follows:
(1) Garbage or rubbish collector permit - $25 annually, plus
$100 annually per truck;
(2) Garbage or rubbish transporter permit - $25 annually, plus
$50 annually per truck.
c. Permits and truck tags or decals may be renewed annually.
(Sec. 68.528)
d. No permit shall be transferred except upon prior approval of the
Director of Public Works. (Sec. 68.529)
2. Inspection Procedure *
All collection trucks and other equipment must be inspected as
often as necessary. The Director of Public Works must provide
for each truck a durable tag or decal which must be securely
fastened by the permittee. (Sec. 68.535)
3. Liability for Violators
A permit may be suspended or revoked when the permittee violates
any provision of this code or any other rule. The permittee
must cease operations under his permit within 10 days after
receipt of written notice of suspension or revocation unless
reinstated (Sec. 68.534)
4. Administrative Proceedings
a. If the permit application is denied, the applicant has the right
to a hearing before the Board of Supervisors. A request for a
hearing must be in writing within 15 days after receipt of
notice of denial. The Board of Supervisors must render its
decision within 15 days after the close of the hearing. (Sec.
68.526)
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b. Any person whose permit has been revoked or suspended has the
right to demand a hearing before the Board of Supervisors
within 10 days after receipt of such notice. The hearing must
be held not later than 10 days following the receipt of the
written request. (Sec. 68.534)
5. Performance Bonds and Insurance
a. All garbage or rubbish collectors must post a cash bond or a
surety bond of $5000. (Sec. 68.531)
b. Every permittee must maintain public liability insurance in an
amount not less than $100,000 for injury or death to any one
person, and property damage insurance in an amount not less
than $50,000. (Sec. 68.530)
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SAN JOAQUIN COUNTY, CALIFORNIA
I. NAME OF ORDINANCE
An Ordinance providing for the Collection, Transportation and Disposal
of Refuse, Ordinance No. 877, June 27, 1961, as amended.
II. GENERAL STATEMENT
1. Declaration of Policy
The purpose of this Ordinance is to institute an orderly program
for the collection, transportation, and disposal of refuse, and
waste matter of every and all kinds in order to promote the
community welfare, convenience, health and safety. (Sec. 1)
2. Definitions
a. Animal feeding yard - includes premises or sites where the
feeding to three or more animals, other than hogs, of swill,
offal, food processing waste, vegetable and fruit packing
waste, or garbage, not produced on such premises or site, is
permitted or occurs.
b. Commercial garbage - includes garbage collected or saved, solely
for purposes of commercial reduction for fats, tallow, or
fertilizer, by canneries, packing houses or sheds, markets,
hotels, butcher shops, hospitals, or similar institutions and
and establishments where large quantities of salvage garbage
are produced.
c. Disposal area - includes premises or sites where the disposal of
waste, refuse, garbage, industrial waste, and commercial
garbage not produced on the premises or site, except an animal
feeding yard or hog farm as herein defined, is permitted or
occurs.
d. Food processing waste - includes solid and semi-solid putrescible
waste resulting from vegetable canning, vegetable freezing,
fruit canning, fruit freezing, food canning, or resulting from
a milk plant, brewery, winery, or other food processing or
manufacturing operation, except vegetable and fruit packing
waste.
e. Garbage - includes any putrescible animal, fish, fowl, fruit, or
vegetable refuse, resulting from the preparation, storage, handling,
or consumption of foods, except food procession waste, vegetable
and fruit packing waste, swill and offal, and shall include
containers or other non-putrescible material to which particles
of putrescible material are attached.
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f. Hog farm - includes premises or sites where the feeding to three
or more hogs of garbage, swill, offal, fruit processing waste,
or vegetable or fruit packing waste not produced on such premises
or site, in compliance with State law, is permitted or occurs.
g. Industrial waste - includes all liquid, semi solid, or solid
waste substance, except sewage, from any producing, manufacturing
or processing business operation except food processing waste
and vegetable and fruit packing wa'ste.
h. Refuse - includes waste, garbage, industrial waste, vegetable
and fruit packing waste, food processing waste, swill, offal,
and animal and bird manure, but shall not include commercial
garbage or non-putrescible waste materials resulting from the
wrecking, destruction, construction or alteration of buildings.
i. Swill - includes waste material which is wholly or nearly so,
edible and useable as food and having food value for animals or
fowl, accumulating from animal, vegetable or other matter wasted
from clubs, hospitals, hotels, restaurants, and public eating
places.
j. Vegetable and fruit packing waste - includes solid and semi-
solid putrescible waste resulting from vegetable and fruit
processing establishments (excluding retail stores) which do
not process fruit and vegetables by cooking, placing in sealed
containers, freezing, fermenting, crushing, drying, dehydrating,
pasteurizing, or other similar procedures.
k. Waste - includes useless, unused, unwanted or discarded material
and debris resulting from normal community activities, or
materials which by their presence may injuriously affect the
health, safety, and comfort of persons and depreciate property
values in the vicinity thereof, and all putrescible and non-
putrescible solid or liquid wastes, except sewage, whether
combustible or noncombustible, not otherwise defined in the
various definitions contained in this Article. (Article II)
II. ADMINISTRATION
1„ Responsible Agency
Health District
2. Functions and Powers
a. To issue collector's permits and disposal area permits.
(Sees. 41 and 140)
b. To recommend the revocation of permits. (Sec. 180)
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c. To adopt necessary and reasonable rules and regulations.
(Sec. 181)
d. To enforce all of the provisions of this ordinance relative to
disposal areas. (Sec. 182)
IV. Scope of Legislation
1. Standards and Regulations
a. Everyone shall procure a metallic or plastic container with
close fitting covers. All such containers shall be kept in a
sanitary condition, and shall be located in a readily accessible
place for collection. (Sec. 102)
b. A refuse collector shall provide refuse pick-up service to all
persons and establishments. (Sec. 103)
c. All refuse shall be collected at least once each week. All
industrial, commercial, business, or institutional refuse shall
be collected at least twice each week. (Sec, 104)
d. No person other than a contract refuse collector or a limited
collector shall accept food processing waste vd.tb.out first
obtaining the written approval or a limited collector's permit.
(Sec. 120)
e. All collection vehicles shall be of a type and construction
permitting refuse to be enclosed in a watertight leak-proof,
insect and rodent-proof container having a tight-fitting cover
so as to prevent leakage, spillage, or overflow. (Sec. 120)
f. A means of covering and containing the refuse securely within
the hauling body of every collection vehicle .shall be provided,
and no refuse shall be permitted to escape from the vehicle.
(Sec. 147)
g. At all disposal areas, refuse disposal shall be by means of
sanitary landfill, by incineration, or by other approved methods,
(Sec. 147)
h. Any breeding place of flies or rodents is a public nuisance.
(Sec. 171)
2. Prohibited Activities
a. It shall be unlawful for any person to collect refuse without
having first entered into a contract with the County to provide
such service. (Sec. 62)
b. It shall be unlawful to accumulate refuse, waste and filth.
(Sec. 100)
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c. It shall be unlawful for any person, using a county disposal
area to refuse to obey the signs posted at the area, or to refuse
to obey the directions of the employee or agent, or to obstruct
any of the driveways or passageways. (Sec. 160)
ENFORCEMENT
1. Requirements for Permits
a. Limited collector's permits are required for collecting any
refuse within the County. (Sec. 41) A fee of $50 shall be paid
at the time of making application. A fee of $25 shall be paid
for renewal. (Sec. 51)
b. Industrial, commercial and business establishments operating
their own service shall not be required to have permits. (Sec. 80)
c. A person collecting building materials, commercial garbage and
dead animals shall not be required to have permits. (Sees. 82
and 83)
d. No person shall operate a disposal area without a disposal area
permit. (Sec. 140)
e. Any person responsible for the feeding to swine of garbage or
swill, or anyone operating a hog farm or animal feeding yard,
shall have a disposal area permit. (Sec. 148)
2. Inspection Procedure
The Health District shall inspect the vehicles to be used by an
applicant in the collection and transportation of refuse.
(Sec. 43)
3. Liability for Violators
The Board may revoke a limited collector's permit upon reasonable
cause. (Sec. 47)
4. Administrative Proceedings
a. Revocation of permits shall be only after a public hearing,
notice of which has been given to the holder of the permit at
least 10 days prior to the hearing. (Sec. 47)
b. Not prior to 30 days and within 60 days of an application for a
limited collector's permit, the Bo?rd of Supervisors shall hold
a public hearing, and after the hearing shall either deny or
grant a permit. (Sec. 46)
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c. Prior to holding any public hearing required by this article,
the Board shall give notice of the public hearing by pub-
lication. (Sec. 50)
d. Prior to the entering into of a collection contract and at the
time of the annual review of rates, the Board shall hold at
least one public hearing. (Sec. 67)
e. Within 30 days of the receipt of_the application for disposal
area permit, the Planning Commission shall hold a public
hearing. (Sec. 142)
f. If a hearing is not requested within 10 days after service of
"Notice of Intention to Abate,5' the District Health Officer
may proceed to abate any nuisance. (Sec. 176)
5. Penalties
Any person violating the provisions of this Ordinance shall be
guilty of a misdemeanor and upon conviction thereof shall be
punished by a fine not exceeding $500, or by imprisonment not
exceeding 6 months, or by both. (Sec. 200)
6. Performance Bonds
The Board of Supervisors may require, in connection with the
issuance of any limited collector's permit and of any disposal
area permit, that the applicant file a surety bond in an amount
to be fixed by the Board, condtioned to guarantee faithful
compliance with this Ordinance. (Sees. 45 and 146)
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SANTA BARBARA COUNTY, CALIFORNIA
I. NAME OF ORDIANCE
Chapter 17, Garbage and Refuse, Santa Barbara County Code, July 19, 1960,
as amended.
II. GENERAL STATEMENT
1. Declaration of Policy
2. Definitions
a. Disposal area - includes any site, location, or tract of land,
area, building, structure, transfer box, transfer station, or
premise permitted by law to be used for refuse disposal.
b. Garbage - includes all putrescible wastes and all animal or
vegetable refuse or residue that result from the preparation or
care for, or treatment of, food stuffs intended to be used as
food, or have resulted from the preparation or handling of food
for human consumption, or any decayed or unsound meat, fruit
or vegetable.
c. Refuse - includes all types of putrescible or non-putrescible
solid wastes consisting of both combustible and noncombustible
wastes such as paper, cardboard, garbage, grass clippings,
tree or shrub trimmings, wood, bedding, crockery, rubber tires,
construction waste, and similar waste materials, except sewage
and industrial wastes.
d. Waste - includes non-putrescible wastes such as unusable, un-
wanted or discarded material and debris resulting from normal
community or business activities-, or materials which by their
presence may injuriously affect the health, safety, and comfort
of persons or depreciate property values in the vicinity thereof.
(Sec., 17-1)
III. ADMINISTRATION
1. Responsible Agency
Maintenance and Operations Division, Department of Public Works.
2. Functions and Powers
a. To make all necessary and reasonable rules and regulations,
covering refuse and garbage accumulations, collection and
transporting types of refuse containers and refuse collection
vehicles and for the effective and reasonable administration
of this" chapter. (Sec. 17-43)
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b. To Issue license Co engage in collecting, hauling or trans-
porting refuse. (Sec. 17-20)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. Garbage and waste must be stored in a standard container or
containers with close-fitting covers not exceeding eighty pounds.
In the case of multiple dwellings, there must be at least one
standard container for each dwelling unit. (Sec. 17-2)
b. All garbage, waste or refuse must be picked up at least once
each week. (Sec. 17-3)
c. The county must provide disposal sites for the disposal of
garbage, waste and refuse. (Sec. 17-7) Permission for disposal
sites may be granted to cities, sanitary districts or other
divisions of government. (Sec. 17-8)
d. The sanitary landfill method of disposal shall be used at all
county operated sites. (Sec. 17-9)
e. The owner of any private property must at all times maintain the
premises free of litter. (Sec. 17-15) When the county removed
dangerous litter or paid for its removal, the actual cost plus
accrued interest shall be charged to the owner. (Sec. 17-17)
f. The bodies of collection trucks must have beds of metal or of
imprevious material which can be cleaned, and such beds must be
water-tight and leak-proof. Packer-type completely enclosed
trucks should be used to the fullest possible extent. (Sec. 17-37)
g. The collector must provide a minimum of regular weekly collections,
The hours of collection must be from 6:00 a.m. to 6:00 p.m.
daily, except Sundays and holidays. (Sec. 17-44)
h. The county may charge a fee at the rate of fifty cents per yard
or one dollar per ton, except weekends. The regular minimum
rates for use of the county disposal sites shall be fifty cents.
(Sec. 17-53)
i. The Board of Supervisors may change, adjust or otherwise alter
the prices and regulations. (Sec. 17-56)
2. Prohibited Activities
a. It shall be unlawful to deposit garbage, waste or refuse in or
upon any public right-of-way, watercourse, or upon any premises
except at an approved disposal site. No person shall allow
refuse to leak, spill, blow or drop from any vehicle on any
road. (Sec. 17-4)
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b. It shall be unlawful to burn garbage or refuse containing
garbage. (Sec. 17-5)
c. It shall be unlawful to dump refuse on private or public property
other than provided by this chapter except by special written
permission. (Sec. 17-6)
d. It shall be unlawful to scavenge on the premises of any public
sanitary fill or county disposal areas. (Sec. 17-10)
e. It shall be unlawful to litter on any occupied private property.
(Sec. 17-U)
f. It shall be unlawful to accept refuse from outside of the county
at county disposal areas except in emergencies.
V. ENFORCEMENT
1. Requirements for Licenses
a. Any person who collects, hauls or transports refuse on any
highway is required to first obtain a license to engage in such
operation. (Sec. 17-20) Exceptions: Any municipality, public
agency, sanitary district, division of government, industrial,
or commercial establishment. (Sec. 17-21)
b. The license issued may be revoked and cancelled in the event
of a change in ownership of the operating company. (Sec. 17-23c)
c. All license issued are effective for five years. The licensee's
truck fee per annum is $100 for the first truck and $25 for
each additional truck. (Sec. 17-24)
2. Inspection Procedure
All of licensees equipment must be inspected during June and
December of each year and be certified that his equipment
conforms to regulations. (Sec. 17-40)
3. Liability for Violators
. The Refuse Department may suspend or revoke any license when-
ever the licensee fails or refuses to comply with the provisions
of this Code. (Sec. 17-29)
4. Administtative Proceedings
a. Any person who is dissatisfied with any decision of the Refuse
Department may appeal to the Board of Supervisors, which Board
shall hear the matter de novo. (Sec. 17-29)
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b. Any person may appeal from denial of license by filing a
notice of appeal. (Sec. 17-50)
c. Should a person be dissatisfied with the fee charged, he may
appeal in writing to the Board of Supervisors within ten days
of rendering of decision or ruling. (Sec. 17-60)
5. Penalties
a. The county will pay a reward of $50 to any person who gives
information which leads to the arrest and conviction of litters.
(Sec. 17-18)
6. Performance Bond
a. Before issuing any license, the Refuse Department shall require
the applicant to post a cash bond or a surety bond in the sum
of $2,500 by a corporate surety. (Sec. 17-27)
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SONOMA COUNTY, CALIFORNIA
I. NAME OF ORDINANCE
An Ordinance Regulating and Controlling the Storage, Collection, Trans-
portation, and Disposal of Refuse, etc., Ordinance No. 1069, February 6, 1968,
as amended by Ordinance Nos . 1080 and 1086\
II. GENERAL STATEMENT
1. Definitions
a. Disposal area - includes any site, location, or tract of land
permittee? by the Board to be used for refuse disposal.
b. Garbage - includes all putrescible wastes and all animal
or vegetable refuse or residue that shall result in the
preparation or care for, or treatment of, foodstuffs intended
to be used as food, and includes all putrescible wastes having
resulted from the preparation or handling of food for human
consumption, or any decayed or unsound rceat, fish, fruit or
vegetable,
c. Refuse - includes both garbage and rubbish.
d. Rubbish • includes non-putrescible wastes, including but not
limited tc, unusable, unwanted or discarded material and debris
resulting from normal community or business activities, or
materials which by their presence may injuriously affect the
health, safety, and comfort of persons or may depreciate
property values in its vicinity or both.
e. Standard container - includes any water-tight can with a close-
fitting cover, side bail handles and having a capacity of
thirty-two (32) gallons or less. (Sec. 1)
III. ADMINISTRATION
1. Responsible Agency
Director of Public Works
2. Functions and Powers
a« To administer and enforce this Ordinance. (Sec. 18a)
b. To issue licenses for collecting, hauling or transporting refuse.
(Sec. 6)
IV. SCOPE OF LEGISLATION
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Standards and Regulations
a. Every person must provide sufficient standard containers for
receiving all garbage and refuse. (Sec. 2a and c)
b. No person shall fill a container so as to exceed 80 pounds
when filled with garbage and to exceed 50 pounds when filled
with rubbish. (Sec. 2b and d)
c. No person shall accumulate refuse in an amount that creates a
nuisance. (Sec. 2f)
cU The occupant of any property may dispose of refuse by hurrying
it a sufficient distance from the nearest building used for
human habitation. (Sec. ?.g)
e. The operation of disposal areas, sanitary fills or mechanical
disposers must comply with the requirements of this Ordinance.
(Sec. 2h)
f* The County Board of Supervisors shall provide disposal areas
for the disposal of refuse. (Sec. 2i)
g. No person shall transport refuse in any container that has been
used for burning. (Sec. 3b)
h. No one is required to service containers of over 32 gallons
capacity or any container exceeding 80 pounds in weight. (Sec. 13)
i. No person shall transport garbage unless it is contained in
watertight metal tanks, with close-fitting metal covers, and
such covers must be affixed to the tanks, containers, or other
receptacles in such a manner as to prevent the dropping or
spilling of any garbage upon the highway. (Sec. 14)
j. All licensees must maintain records and submit periodic reports
based on these records. (Sec. 15a)
k. The bodies of collection trucks must have watertight beds of
metal or of impervious material. The beds must be cleaned and
disinfected at least once a day when in use. (Sec. 15m)
1. Refuse generated outside the County will not be accepted at any
disposal area. (Sec. 16)
Prohibited Activities
a. It shall be unlawful for any person to throw any refuse upon any
premises whatsoever except at a disposal area. (Sec. 3a)
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b. It shall be unlawful for any person to transport refuse in any
container that has been used for burning. (Sec. 3b)
c. It shall be unlawful for any person to burn garbage or other
offensive odor-producing materials. (Sec. 4a)
d. It shall be unlawful for any person to engage in any
scavenging activities at any disposal area without permission.
(Sec. 16)
V. ENFORCEMENT
1. Requirements for Licenses.
a. No person shall collect refuse without receiving the appropriate
license from the Director of Public Works. (Sec. 6)
b. All licenses shall be effective for ten years from the date of
issuance unless provided otherwise or revoked. (Sec. 10a)
c. A license may be denied or withheld if the Director of Public
Works finds that the collection vehicle is insufficient, unfit
or incapable of being used in compliance with the provisions of
this Ordinance. (Sec. 18b)
2. Inspection Procedure
Licenses must present their equipment for inspection during
June and December of each year. (Sec. 15 c)
3. Liability
The Director of Public Works may suspend or revoke any license
whenever the licensee fails to comply with the provisions of
this Ordinance. (Sec. 18c)
4. Administrative Proceedings
Revocation or suspension of licenses may be taken only after
ten days notice in writing to the licensee. (Sec. 18c) Any
person who is dissatisfied with any decision of the Director
of Public Works may appeal to the County Board of Supervisors
by filing with the Clerk of the Board of Notice of Appeal. The
hearing shall be only after a notice of the time thereof mailed
to appellant and respondent at least 7 days before said hearing.
(Sec. 18d)
5. Penalties
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Any person who violates the provisions of this Ordinance is
guilty of a misdemeanor, and, upon conviction, shall be punish-
able by a fine of not more than $300.00 not less than $25.00 or
by imprisonment for a term not exceeding 3 months, or by both.
(Sec. 21)
Performance Bonds and Insurances
a. Prior to the issuance of any license, the prospective licensee
must furnish a cash deposit or a surety bond in the sum of
$2500.00.
b. The licensee must obtain public liability and bodily injury
insurance in an amount not less than $200,000.00 for injuries or
death to any one person and not less than $500,000.00 for more
than one person; and Workmen's Compensation insurance covering
all employees of the licensee. (Sec. 11)
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BADE COUNTY, FLORIDA
I. NAME OF ORDINANCE
Chapter 15 Garbage and Trash, Bade County Code, June 9, 1959.
II. GENERAL STATEMENT
1 „ Definitions
a. Commercial establishments - includes any hotel, motel, apartment
house, rooming house or tourist court which contains three
(3) or more service units, and any other building, business
or establishment of any nature or kind whatsoever other than
a residential unit.
b. Garbage - includes every refuse accumulation of animal, fruit
or vegetable matter that attends the preparation, use, cooking
and dealing in, of storage of edibles, and any other matter,
of any nature whatsoever, which is subject to decay, putrefaction
and the generation of noxious or offensive gases or odors, or
which, during or after decay, may serve as breeding or feeding
material for flies or other germ-carrying insects.
c. Garbage can - includes any galvanized metal or durable plastic
container of the type commonly sold as a garbage can, of a
capacity not less than twenty gallons and not to exceed thirty
gallons, having two handles upon the sides thereof, or a bail
by which it may be lifted and a tight-fitting metal or plastic
top with handle, and so constructed as to permit the free dis-
charge of its contents.
d. Garden trash - includes all accumulations of leaves, grass or
shrubbery cuttings, and other refuse attending the care of
lawns,, shrubbery, vines and trees.
e. Industrial waste - includes waste products of canneries, slaughter-
houses or packing plants, condemned food products, agricultural
waste products, wastes and debris from brick, concrete block,
roofing shingle or tile plants, debris and wastes accumulated
from land clearing, excavating, building, rebuilding and
altering of buildings, structures, roads, streets, sidewalks or
parkways, and any waste materials which, because of their
volume or nature, do not lend themselves to collection and
incineration co-mingled with ordinary garbage and trash, or which
because of their nature or surrounding circumstances, should be,
for reasons of safety or health, disposed of oftener than the
county collection service schedule provided for in this chapter.
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f. Noncombustible refuse - includes refuse materials that are
unburnable at ordinary incinerator terperature (800 to 1800
degrees F) such as metals, mineral matter, large quantities of
glass or crockery, metal furniture auto bodies or parts, and
other similar material or refuse not usual to housekeeping or
to operation of stores or offices.
g. Residential unit - includes any structure or shelter or any
part thereof used, or constructed for use, as a residence for
one family.
ho Rubbish - includes refuse accumulations of paper, excelsior,
rags or wooden or paper boxes or containers, sweepings, and all
other accumulations of a nature other than garbage, which are
usual to housekeeping and to the operation of stores, offices
and other business places, and also any bottles, cans or other
containers which, due to their ability to retain water may
serve as breeding places for mosquitoes or other water-breeding
insects; rubbish shall not include noncombustible refuse, as
defined above.
i. Service unit - includes any four sleeping rooms or a fraction
thereof, where no cooking privileges are provided, located in
any commercial establishment.
j. Waste - includes garbage, rubbish, garden trash, noncombustible
refuse and industrial wastes as herein defined. (Sec. 15-1)
III. ADMINISTRATION
1. Responsible Agency
The Waste Division of Public Works Department.
2, Functions and Powers
a. To establish the type, frequency and amount of waste collection
and disposal service. (Sec. 15-13)
b. To promulgate rules and regulations. (Sec. 15-13)
c. To issue permits to engage in refuse collection. (Sec. 15-17)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. Each commercial establishment shalj. have sufficient garbage cans
or approved waste containers, and each residential unit shall
have two garbage cans. Garbage cans shall be kept tightly
covered at all times and easily accessible to the collectors.
(Sec. 15-2)
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b. Before building permits may be issued, (except for single family
residential use) plans for storage of refuse must be approved
by the director of public works. (Sec. 15-4)
c. Each owner or occupant shall have the duty to prevent the
continued, excessive and unsightly accumulation of garbage and
trash. (Sec. 15-5)
d. The material transported must be adequately secured in such a
manner as to prevent the material from falling or being blown
from transporting vehicle. (Sec. 15-7)
e. Special collections may be performed for special fees. Extra
service charge may be made for unreasonably delaying or inter-
fering with waste collection. (Sec. 15-14)
f. Any person may be issued a permit to dispose of waste materials
accumulated on his own premises by burial. (Sec. 15-15)
g. The county shall not be responsible for collecting industrial
waste, noncombustible waste, building material, discarded
furniture, etc. (Sec. 15-16)
2. Prohibited Activities
a. It shall be unlawful to dump or bury any waste without proper
authorization, except materials suitable for fill with property
owner's permission. (Sec. 15-6)
b. It shall be unlawful to place any dangerous materials in waste
containers. (Sec. 15-8)
c. It shall be unlawful to dispose of garbage within designated
geographical service area except by or through the incineration
or composting facility. (Sec. 15-9)
ENFORCEMENT
1. Requirements for Permits
A permit shall be obtained to carry on the business of refuse
collection. Permits shall be for one year. The county may
refuse to renew permits at the expiration date. A fee of
$25.00 shall be charged for initial issuance, and the renewal
fee shall be $10.00 per year. (Sec. 15-17)
2. Liability for Violators
Permits may be cancelled for inadequate service, inadequate
precautions in collection, or disposal, littering of streets,
alleys, or roads or interfering or hindering county waste
service. (Sec. 15-17)
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3. Penalties
Any person found guilty of a violation of any provisions of this
chapter shall be guilty of a misdemeanor and upon conviction
thereof shall be liable to pay a fine not to exceed $500.00 or
to imprisonment not to exceed 30 days or by both. (Sec. 15-32)
4. Liens
Waste fees shall constitute special assessment liens against
all improved real property. (Sec. 15-28)
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DEKALB COUNTY, GEORGIA
I. NAME OF ORDINANCE
DeKalb County Sanitation Ordinance of 1967, as amended; Chapter 8, Part
II of the DeKalb County Code.
II. GENERAL STATEMENT
1. Declaration of Policy
The ordinance shall apply to the preparation and storage, collection,
transportation, and disposal of all refuse in the area under the
jurisdiction of the county sanitary districts as presently or
hereafter established.
2. Definitions
a. Garbage - includes putrescrible animal and vegetable wastes
resulting from the preparation, cooking, and serving of food
and the storage and scale of produce, tin cans, glass containers
and newspapers.
b. Noncombustible trash - includes materials which are unburnable
in the incinerator or at incinerator temperatures of 800 to
1800 degrees F.
c. Refuse - includes garbage and trash collectively.
d. Sanitary landfill - includes any refuse disposal area operated
by the county.
e. Trash - includes non-putrescible solid wastes consiting of
combustible and noncombustible material such as, but not limited
to, paper, cardboard, yard clipping, wood, glass, crockery and
similar materials.
III. ADMINISTRATION
1. Responsible Agency
Director of Sanitation (Sec. 8-3:a)
2. Functions and Powers
a. To mixke routine Inspections of garbage cans, garbage containers
and garbage collection areas. (Sec. 8-3:b)
b. To provide the unincorporated areas of the county into pick-up
routes or districts. (Sec. 8-4)
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c. To issue regulations relative to the disposal of refuse at
county facilities. (Sec. 8-9:b)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations Outlined
a. Storage of Refuse
(1) Garbage must be stored in garbage cans or commercial
containers. Large amounts of trash must be stored separately
in trash cans or commercial containers. (Sec. 8-5:a and b)
(2) Residential garbage cans must be placed not more than 150
feet from the curb.(Sec. 8-5:d)
(3) Refuse cans will not be picked up if gates are locked, wired
or tied shut, and if dogs are not secured. (Sec. 8-5:e)
(4) Owners must prevent the continued excessive accumulation
of refuse. (Sec. 8-5:f)
(5) The county will not collect refuse from commercial
establishment or multiple dwellings unless placed in
commercial containers. (Sec. 8-6:b)
(6) Owners of multiple dwellings must provide enough containers
to provide at least one-half cubic yards of refuse storage
space for each family unit. (Sec. 8-6:d)
b. Collection of Refuse
(1) Garbage to be collected twice each week from residential
units; trash once a week.
(2) Refuse to be collected as often as six times a week from
commercial establishments.
(3) Collection service may be discontinued if garbage or trash
cans or commercial containers are inadequate or have been
condemned as unfit. (Sec. 8-7)
(4) Owners of the property located on any pick-up route or
district may use an approved receptical for the acceptance
of refuse. (Sec. 8-12)
c. Sanitary Landfills
(1) Any person or firm who desires to operate a sanitary landfill
should receive the written approval of the governing
authority. (Sec. 8-15)
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(2) Application requires boundary survey, zoning compliance
certificate, and approval of department heads of health,
planning, fire, sanitation and public works.
(3) All sanitary landfills must have a crawler type tractor
and accessories weighting not less than 20,000 pounds.
(Sec. 8-17)
(4) All sanitary landfills must be enclosed with a fence at
least 5 feet high. (Sec. 8-18)
(5) All landfills must have an operator in attendance at all
times when in use. (Sec. 8-19)
(6) Any changes in the normal drainage of the property must
be approved by the Public Works Department. (Sec. 8-20)
(7) The streams must not be impeded or polluted. (Sec. 8-22)
(8) Adequate drainage facilities must be provided. (Sec. 8-24)
2. Prohibited Activities
a. It shall be unlawful to place in any container any acid,
explosive material, inflammable liquids or dangerous or cor-
rosive material. (Sec. 8-5:g)
b. It shall be unlawful to haul and convey any refuse along the
public streets and roadways. (Sec. 8-8:a)
c. It shall be unlawful to dump refuse except at the incinerator
or sanitary landfills. (Sec. 8-9:a)
d. It shall be unlawful to dump or bury any refuse without written
permission. (Sec. 8-9:d)
3. Approved operations of sanitary landfill. See above IV, 1,c.
V. ENFORCEMENT
1. Requirements for Licenses
Licenses are required for the operation of sanitary landfill.
(Sec. 8-15)
2. Inspection Procedure
Sanitation inspectors have authority to make routine inspections
of garbage containers. They have a duty to issue summons
directed to the violators to appear in the Recorder's Court.
(Sec. 8-3:b)
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3. Liability for Violators
All permits to establish and maintain landfills shall be subject
to revocation after a public hearing. Thirty days notice of
such hearing shall be given to the licensee in writing. The
Board of Commissioners may suspend the license temporarily
pending correction of the cause or terminate it. (Sec. 8-25)
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BALTIMORE COUNTY, MARYLAND
I. NAME OF ORDINANCE
Article IV, Garbage, Trash, Ashes and Other Offensive Matter, Baltimore
County Code, October 5, 1969.
II. GENERAL STATEMENT
1. Declaration of Policy
The purpose of this Article is to protect the public health and
safety of the citizens of the county. (Sec. 13-29)
2. Definitions
a. Ashes - includes noncombustible residue from the burning of
wood, coal, coke and other combustible materials in homes,
stores, institutions and industrial establishments for the
purpose of heating, cooking and disposing of waste combustible
material and, unless otherwise specified, does not include
tin cans, scrap metal and glass.
b. Commercial refuse - includes refuse from wholesale and retail
stores, including but not limited to restaurants, florists,
beauty shops, barbershops, doctor offices, variety stores,
hardware stores and other enterprises of this classification in
the County Zoning Regualtions.
c. Garbage - includes animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of foods, ex-
clusive of recognized industrial by-products and human or
animal feces.
d. Hazardous and special wastes • includes hazardous solid and
liquid wastes, including but not limited to highly flammable
materials, explosives, pathological wastes and radioactive
materials.
e. Incineration - includes destruction by combustion, in which
heat, not less than twelve hundred degrees Fahrenheit, is
applied to all classes of waste material, within a properly
designed plant.
f. Industrial refuse - includes solid waste materials from factories
processing plants and other manufacturing enterprises, including
but not limited to putrescible garbage from food processing
plants and slaughterhouses, condemned foods, building rubbish,
cinders from power plants and manufacturing refuse.
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g. Offal - includes waste animal matter from butcher and slaughter
or packing houses.
h. Open dump - includes any land public or privately owned, other
than a sanitary landfill, on which there is deposit and accumula-
tion, either temporary or permanent, of any kind of organic or
inorganic refuse, including but not limited to waste materials,
waste products, waste paper, garbage, empty cans, broken glass,
rags and all other kinds of organic or inorganic refuse, but
excluding scrap for use in manufacturing processes on the
premises, or nonputrescible waste materials resulting from such
processes, or resulting from the construction or elimination
of facilities for such processes.
1. Refuse - includes all waste materials, combustible or noncombust-
ible from all public and private establishments and residences,
other than sewage.
j«, Rubbish - includes all solid waste, other than garbage, offal
and ashes, from homes, hotels, stores, institutions, markets, and
other establishments; further classified as combustible and
noncombustible.
k. Sanitary landfill - includes planned and systematic method of
refuse disposal by burying. (Sec. 13-28)
III. ADMINISTRATION
1. Responsible Agency
County Health Officer and the Department of Public Works
2. Functions and powers
a. To issue permits for collection and disposal of refuse. (Sec.
13-32)
b. To make inspections. (Sec. 13-33)
c. To contract for the collection and removal of refuse. (Sec. 3A:e)
IV SCOPE OF LEGISLATION
1. Standards and Regulations
a. Garbage and other offal, trash and ashes shall each be placed in
secure receptacles covered with a lid. Rubbish may be tied in
bundles which can be readily handled. (Sec. 13-37:a)
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b. All persons are required to keep their premises free from
accumulation of improperly stored refuse. All refuse shall be
stored in closed receptacles. (Sec. 13-31:a)
C. All garbage shall be stored in approved water-tight containers
with tight fitting lids. (Sec. 13-31:b)
d. The occupant of any premises shall be responsible for the
sanitary condition of the premises. (Sec. 13-31:c)
e. All collection vehicles shall be sufficiently watertight to
prevent the loss of any liquid waste. (Sec. 13-34:a)
f. All open type vehicles shall be covered by heavy canvas or
metal. (Sec. 13-34:b)
g. All vehicles shall be loaded in such a manner as to prevent
spillage or overflow. (Sec. 13-34:c)
h. All vehicles shall be cleaned at the end of each day's operation
in a manner which will minimize odors and prevent insect and
rodent breeding. (Sec. 13-34:d)
i. All garbage-feeding hog farms must meet the minimum requirerrents
of the State Board of Agriculture. (Sec. 13-43)
j. No incinerator shall be operated in such a manner as to leave
unburned organic matter in the residue. (Sec. 13-47:b)
ko No incinerator shall be constructed or operated in such a manner
as to violate any state or local air-pollution laws or reg-
ulations. (Sec. 13-47:d)
1. No incinerator shall be operated in such a manner that the smoke
density from the stack shall exceed No. 1 on the Ringlemann
Chart. (Sec. 13-47:c)
2. Prohibited Activities
• a. It shall be unlawful for any person to deposit any offensive
material on any street except under a permit. (Sec. 13-38)
b. It shall be unlawful for any person to place any receptacles
containing hot or burning material on any street. (Sec. 13-39)
Co It shall be unlawful for any person, exept the authorized persons
to transport, store or dump any offensive material upon any
street without a permit. (Sec. 13-40)
d. It shall be unlawful for any person to sweep refuse, etc., in or
upon public places. (Sec. 13-41)
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e. It shall be unlawful to spread manure on lands except upon
permit. (Sec. 13-44)
f. It shall be unlawful for any person to deposit refuse, etc.
upon vacant lots. (Sec. 13-42)
g. It shall be unlawful to maintain an open dump. (Sec. 13-30)
3. Approved Operations of Solid Waste Facilities - Sanitary Landfills.
a. Daily cover of at least 6 inches of well-compacted earth shall
be placed to cover all refuse deposited that day.
b. The final cover shall be maintained at a depth of 24 inches.
c. The burning of refuse shall be prohibited.
d. The fill shall be properly protected from erosion and sedimentation,
e. Water pollution shall be prevented.
f. A bulldozer or similar machinery shall be maintained on the
site at all times.
g. An all weather access road shall be provided.
h. Access to the site shall be limited.
i. Fire protection shall be provided.
j. Individual lifts shall be no greater than 8 feet in depth, after
which there must be an intermediate cover at least 12 inches
deep.
k« Vermin and rodent life shall be eliminated.
1. Dust control measures shall be taken,
m. Surface water shall be drained. (Sec. 13-49)
V. ENFORCEMENT
1. Requirements for Permits
a. Permits are required for collection and disposal of refuse.
(Sec. 13-32:a)
b. All permits shall be renewed at the end of each calendar year.
(Sec. 13-32:b)
2. Inspection Procedure
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The Health Department shall make daily inspections, and other
agencies shall make random inspections not less than monthly.
(Sec. 13-33)
3. Liability for Violators
If the licensee fails to comply with the requirments set forth
in the notice of violations, the Health Department shall issue
an order to the Director of the Department of Permits and
Licenses, who shall revoke the permit. (Sec. 13-32:e)
A. Administrative Proceedings
The licensee has the right to appeal the action of the Director
of the Department of Permits and Licenses. (Sec. 13~32:e)
5. Penalties
Any person violating this division shall be guilty of a mis-
demeanor, and shall be fined for not more than $1000, or be
imprisoned for not more than six months, or both. (Sec. 13-51)
6. Performance Bonds
Before any permit shall be issued, the applicant shall be
required to give a performance bond in the amount of $10,000.
(Sec. 13-A8:e)
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MONTGOMERY COUNTY, MARYLAND
I. NAME OF ORDINANCE
Montgomery County Code 1965, as amended, Chapter 87, Garbage and Refuse.
II. GENERAL STATEMENT
1. Definitions
a. Garbage - includes all organic waste, consisting of the residue
of animal, fruit or vegetable matter, resulting from the pre-
paration, cooking, handling or storage of food, exclusive of
human or animal feces.
b. Refuse - includes ashes, garbage, rubbish, junk, industrial
waste, dead animals and all other solid waste materials, including
salvable waste.
c. Rubbish - includes all refuse other than garbage, whether com-
bustible or noncotnbustible, including but not limited to:
Rubbish from building construction or reconstruction, dead trees,
uprooted tree stumps, slash, rubble, bottles, cans, waste paper,
cardboard, sawdust piles, slash from sawmill operations and all
other waste material. (Sec. 87-1)
III. ADMINISTRATION
1. Responsible Agency
Director of the Department of Inspections and Licenses and the
Health Officer.
2. Functions and Powers
a. To approve any method of refuse disposal. (Sec. 87-4)
b. To issue licenses for collectors (Sec. 87-13), incinerating
plants, (Sec. 87-9:b), and sanitary landfills. (Sec. 87-9:b)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. Collection
(1) No refuse shall be collected or transported within the
county except by a licensed collector or hauler. (Sec.
87-13:a)
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(2) Each collection vehicle must be registered. (Sec. 87-14:a)
It must have metal body not to exceed 7 feet in height, and
a suitable tightly fitting cover. (Sec. 87-14:n)
(3) Refuse collectors must maintain regular service in accordance
with a written or oral contract; rernove all rubbish in
containers from every point of pickup; provide alternate
service in the event of mishap or breakdown of regular
equipment; and maintain the vehicle body so as to prevent
leakage of contents. (Sec. 85-15)
b. Storage and Removal
(1) Owners and occupants must provide sufficient containers;
shall not permit accumulation of trash, litter or rubbish
on streets, sidewalks or private property.
(2) All containers must be vermin-proof and waterproof, of
rioncorrodible metal, and equipped with tight-fitting lids.
(3) Refuse in incinerators must be destroyed daily, or stored
in proper containers or storage rooms.
(4) The frequency of collection must be at least once a week.
Highly putrescible waste must be removed from commercial
premises daily. (Sec. 87-16)
c> Disposal
(1) Incinerators must be constructed in accordance with the
Building Code. (Sec. 87-7:a)
(2) They shall not emit fly ash in excess of 0.85 pounds per
1000 pounds of dry flue gas, corrected to 12% carbon
dioxide or 50% excess air. (Sec. 87-7:b)
(3) The area around incinerator must be kept free from accumu-
lations of refuse. (Sec. 87-7:c)
(4) Incinerating plants must be enclosed by substantial fence,
6 feet high. (Sec. 87-8:b,1)
(5) Sanitary Landfills
(a) No less than 4 feet of dirt shall remain as over-burden
over rock soils.
(b) The landfill shall not result in water pollution.
(c) No refuse shall be dumped in water.
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(d) The soil compostion must permit adequate drainage.
(e) Access roads must comply with the Road Construction
Code.
(f) The nearest well must not be less than 500 feet away.
(g) The site must be properly drained to prevent ponding,
erosion or washing away.-
(h) Refuse must be covered within 24 hours of deposit; fish
and highly putrescible matter must be covered immediately;
average final coverage of surface and side slopes must
be 24 inches.
(i) No scavenging or burning.
(j) Portion of fill actually in use must be completely
fenced. (Sec. 87-9)
(6) Oti-site disposal by burial is permitted for camps and farms
in trench providing 8 inches of dirt cover. (Sec. 87-10)
(7) Disposal in compost piles is permitted only when the pile
is rodent proof. (Sec. 87-11)
2. Prohibited Activities
a. It shall be unlawful to dispose any refuse, except at an approved
place. (Sec. 87-5)
be It shall be unlawful to feed garbage to swine. (Sec. 87-7)
C* It shall be unlawful to collect and/or transport any refuse
except as provided.
3. Approved Operations of Sanitary Landfill.
See above IV, 1, c, (5).
V. ENFORCEMENT
1. Requirement for Permit
a. No person shall establish an incinerating plant without obtaining
a license. (Sec. 87-8:b)
b. No person shall operate a sanitary landfill without obtaining
a license. (Sec. 87-9:b)
c< No person shall collect refuse without obtaining a license.
(Sec. 87-13:a)
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PRINCE GEORGE'S COUNTY, MARYLAND
1. NAME OF ORDINANCE
Solid Waste Ordinance, August 11, 1967.
II. GENERAL STATEJIENT
1. Declaration of Policy
It is the intent of this Ordinance to protect the public health
and safety by setting down minimum standards for the storage,
collection, transportation, and disposal of solid wastes. (Sec. 1)
2. Definitions
a. Solid Wastes (Refuse) - includes all waste materials, combustible
or noncombustible, from all public and private establishments,
and residences, including trash, garbage, rubbish, offal,
industrial refuse and commercial refuse, but not the body
excrements.
b. Garbage - includes animal and vegetable waste resulting from
the handling, preparation, cooking and consumption of foods,
exclusive of recognized industrial by-products from canneries
and other food processing industries, and human or animal feces.
c. Ashes - includes noncombustible residue from the burning of
wood, coal, and other combustible materials in homes, stores,
institutions and industrial establishments for the purpose of
heating, cooking, and disposing of waste combustible material.
d. Rubbish - includes all solid waste other than garbage, < ffal,
and ashes from homes, hotels, stores, instiutions, markets and
other establishments.
e. Trash - includes rubbish and ashes.
f. Sanitary Landfill - includes any planned and systematic method
of refuse disposal whereby the waste material is placed in the
earth in layers, then compacted and covered with earth or
other approved cover material at the end of each day's operation.
g. Incineration - includes destruction by combustion, in which
heat, not less than 1,200 degrees F., is applied to all classes
of waste material, within a properly designed plant approved by
the Department of Public Works.
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h. Open Dump - includes any land publicly or privately owned, other
than a sanitary landfill, on which there is deposit and
accumulation, either temporary or permanent, of any kind of
organic or inorganic refuse. (Sec. 2)
III. Administration
1. Responsible Agency
Department of Public Works and Health Department.
2. Functions and Powers
a. To issue licenses for collection and/or disposal of refuse.
(Sec. 3,a)
b. To make inspections of refuse storage containers, refuse col-
lection vehicles, and refuse disposal facilities. (Sec. 4)
c. To pass regulations to carry out the intent and purpose of this
ordinance. (Sec. 14)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. Collection and Transportation
(1) All collection vehicles must be sufficiently watertight.
(2) All open type vehicles must be covered by heavy canvas
or metal and kept cleaned.
(3) In special districts, the county may collect refuse from
single residence dwellings, duplex residence dwellings and
triplex residence dwellings. The county may contract
with private individuals, associations and corporations to
to provide refuse collection service.
b. Storage
(1) All persons are required to keep their premises from
accumulations of refuse.
(2) All garbage must be stored in approved containers with
tightfitting lids.
(3) The occupant of any premises must be responsible for the
sanitary condition of the premises occupied by him. (Sec. 8)
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c. Disposal
(1) All garbage-feeding hog farms must meet the minimum
requirements, including pasturization, of the tlaryland State
Board of Agriculture.
(2) No incinerator should be operated in such a manner as to
create harborage for rodents, flies or other insects and to
leave unburned organic matter in residue.
(3) Construction and operation of incinerator must meet the
requirements of all existing air pollution control laws.
(4) Every sanitary landfill must be throughly compacted and
covered at the end of each day's operation with at least
6 inches of compacted soil. When completed, it must be
covered with at least 24 inches of soil, and should not
cause a dust nuisance.
(5) Burial of refuse on owner's property must be conducted
subject to the approval of the Health Officer.
(6) The disposal of hazardous and special wastes must be
consulted and approved by the Health Officer. (Sec. 10)
2. Prohibited Activities.
a. It shall be unlawful for any person to engage in collection,
transportation, or disposal of refuse without a written
license from the Department of Public Works. (Sec. 3,e)
b. It shall be unlawful to maintain operation of open dumps. (Sec.
10,3,a)
V. ENFORCEMENT
1. Requirements for Permits
a. A license from the Department of Public Works is required to
collect and dispose of refuse. (Sec. 3,a)
b. Licenses are valid for 1 year and must be renewed one year from
the date of issuance. (Sec. 3,c)
2. Inspection
Representatives of the Department of Public Works and the Health
Department make inspections of the equipment, disposal site
and other facilities. (Sec. 3,8:1)
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3. Liability for Violators
If the violator fails to make necessary corrections, the De-
partment of Public Works has authority to revoke any license.
In addition, any criminal violations of this ordinance shall
be reported to the State's Attorney's office and the County
Attorney's office for appropriate action. (Sec. 4)
A. Administrative Proceedings
Any person accused of violation is entitled to the priviledge
of a hearing. The violator must request such a hearing in
writing within 30 days after he receives notice of violation.
(Sec. 5)
5. Penalties
Any person convicted of any violation is guilty of a mis-
demeanor and fined a sum of not more than $500, or 90 days of
imprisonment. (Sec. 13)
6. Performance Bonds
In the case of a sanitary landfill operation, the applicant for
a license must submit a completion maintenance bond, cash, or
other security. The amount must be sufficient to cover cost of
repair and/or maintenance and/or completion of a landfill during
the license period. (Sec. 3,b)
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KALAMAZOO COUNTY, MICHIGAN
I. NAME OF ORDINANCE
"Refuse and Garbage Collection and Disposal Regulations.'' September 6, 1961.
II. GENERAL STATEMENT
1. Definitions
a. Refuse - includes any waste produce which is not water carried
and which is composed wholly or partly of such materials as
garbage, rubbish, sweepings, industrial solid wastes, or domestic
solid wastes, organic wastes or such other substances which
may become a nuisance.
b. Garbage •• includes all food wastes of animal, fruit or vegetable
matter that attends the preparation, use, cooking, dealing in
or storing of meats, fish, fowl, birds, fruit, or vegetables,
including cans, containers and wrappers wasted therewith and
also, kitchen and table wastes of every kind except dishwater
or waste water and all other refuse or waste matter of any
nature or kind, mixed, handled or included therewith.
c. Nusiance - includes anything which is injurious to health,
offensive to the sense, obstructs the reasonable and comfortable
use of property, or causes inconvenience or discomfort to the
community or neighborhood. (Sec. 3)
III. ADMINISTRATION
1. Responsible Agency
a. Health Officer (Sec. 1:2)
b. County Board of Supervisors (Sec. 4:4)
2. Functions and Powers
a. Health Officer
(1) To administrate and enforce these regulations and
relevant state laws. (Sec. 1:2)
(2) To Inspect premises and collect laboratory samples. (Sec. 1:3)
(3) To order immediate and complete abatement of a public
nuisance or menace, or of a condition which may, in the
opinion of Health Officer, become a menace to the public
health. (Sec. 1:7)
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(4) To inspect and approve all equipment and facilities of
license applicant prior to approval of license. (Sec. 6:1a)
(5) To approve granting of all licenses. (Sec. 6:1b)
b. County Board of Supervisors
Retains right to establish at any board meeting and with-
out notice to any party maximum rates for collection
and/or disposal of garbage. (Sec. 4:4)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. Storage
(1) Containers shall be galvanized metal, in good repair, leak
proof, rodent proof, free from holes and not to exceed 20
gallons in capacity.
(2) Containers shall be fitted with tight-fitting metal covers
which shall be removed only when emptying or filling
container and be equipped with handles in opposite sides.
(3) Storage area shall be kept clean, free of spilled garbage,
or foul smelling water or refuse.
(4) All garbage shall be securely wrapped. Residential garbage
cans may be used for refuse storage, but harmful drugs and
acids shall not be placed therein.
(5) Cans shall be washed and so maintained to prevent it from
becoming foul smelling and a breeding place for flies.
(6) Commercial standards shall.be same as residential standards
except the container shall not be restricted to 20 gallon
capacity.(Sec. 7)
b„ Collection
(1) Collector shall take care not to spill any garbage, rubbish
or wastes and pick up all such material spilled.
(2) Collector in early morning hours shall use caution to
prevent unnecessary noises.
(3) Collector shall return cans to storage area and take care
not to damage them.
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(4) All vehicles shall be kept clean'and so designed to
prevent spillage and leakage. (Sec. 5)
2. Prohibited Activities
a. It shall be unlawful for any persons to keep on premises any
substance which may be injurious to public health except in
closed containers as provided for" in this ordinance.
b. It shall be unlawful to transport any garbage or decayed vege-
table matter through the streets without a license except a
person may carry containers from his home to disposal area.
c. It shall be unlawful, except as to licensees, to deposit any
garbage on any public or private property, street, alley, or
body of water.
d. It shall be unlawful to allow any garbage to be placed or remain
on any curb lawn.
e. It shall be unlawful to transport garbage or decayed vegetable
matter except in all metal enclosed vehicle. (Sec. 6)
3. Approved Operations of Solid Waste Facilities
a. Sanitary Landfills
(1) No garbage or refuse shall be dumped except at sanitary
landfill site.
(2) No garbage shall be disposed of within 200 yards of a
public highway.
(3) Working area of fill must be enclosed by fence.
(4) On level ground, trench method shall be used. After each
days deposit, a minimum of 6 inches of cover shall be used.
Completed fill shall not be over 8 feet in depth and
covered by not less than txjo feet of cover.
(5) On sloping ground, the progressive slope method shall be
used. The daily cover shall be 6 inches and final cover at
least 2 feet.
(6) There shall be a suitable road to landfill.
(7) Adequate drainage shall be maintained to prevent accumulation
of surface water.
(8) No refuse shall remain uncovered overnight.
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(9) Stumpts, concrete, radioactive wastes, industrial and
toxic wastes are not suitable for disposal at landfill
unless approved by Health Officer.
b. Incineration
Incineratiors may be used if under- supervision of qualified
individuals and if approved by Health Officer.
c. Garbage Grinding
Garbage grinding is permitted if sewage treatment plant
designed for purpose of handling garbage is made available.
d. Individual Disposal
Individual may dispose of garbage from his own dwelling when
done in manner not to create a nuisance or menace to
health. (Sec. 8)
V. ENFORCEMENT
1. Requirements for Permits, etc.
a. License required to engage in business of collection and/or
disposal of garbage. (Sec. 4)
b. Application shall be made to County Clerk and if Health Officer
approves, license shall be issued.
c. Licensee must furnish service to all users if said user complies
with these regulations. (Sec. 4 and 6)
2. Inspection Procedure
a. Prior to issuance of application, Health Officer shall inspect
all equipment and facilities used or to be used by applicant.
(Sec. 6:1)
b. All premises are subject to inspection by the Health Officer.
(Sec. 1:3)
c. No person shall refuse to permit the Health Officer to inspect
any premises at reasonable times. (Sec. 1:4)
3. Administrative Proceedings
a. Health Officer may order the immediate and complete abatement of
a public nuisance or menace to public health or of a condition
which, in his opinion, may become a menace to public health.
(Sec. 1":7)
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b. No person shall remove, mutilate or conceal any notice of
Health Officer. (Sec. 1:8)
4. Penalties
Conviction of failure to comply with these provisions shall be
punished by a fine not to exceed $100-or imprisonment not to
exceed 90 days or both. Each day's violation is a separate and
distinct violation. (Sec. 1:6)
5. Insurance
a. $50,000 - personal injury to one person.
b. $100,000 - personal injury in any accident.
c. $25,000 " property damage. (Sec. 4:3)
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LOS ALAMOS COUNTY, NEW MEXICO
I. NAME OF ORDINANCE
An Ordinance Establishing a Service for the Collection and Disposal
of all Garbage, Rubbish, Ashes and other Refuse, Ordinance No. 56,
May 15, 1967.
II. GENERAL STATEMENT
1. Definitions
a. Garbage - includes putrescible animal and vegetable waste re-
sulting from the storage, handling, preparation, cooking and
consumption of food.
b. Rubbish - includes non-putrescible waste materials such as paper,
cartons, rags, boxes, excelsior, rubber, leather, tree branches,
tin cans, bottles, scrap automotive bodies and other metallic
junk, mineral matter and street sweepings, crockery, di?carded
furniture, dirt, ashes and all other refuse not included in
the term garbage.
c. Refuse - includes putrescible and non-putrescible solid wastes
(except body wastes) including any and all garbage, rejected
or waste food, offal, swill, ashes, slop, rubbish and waste or
unwholesome material of every kind and character.
d. Large Volume Receptacle - includes refuse receptacles of 4 cubic
yards of greater capacity furnished and maintained by the County
which shall be subject to special collection fees as provided
in this ordinance. (Sec. 2)
III. ADMINISTRATION
1. Responsible Agency
The County Administrator with the advice of the Health Authority
2. Functions and Powers
a. To make regulations pertaining to the collection, conveyance
and disposal of refuse. (Sec. 3)
b. To collect and dispose of all garbage, rubbish and other
refuse. (Sec. 6:c)
c. To issue permits for the operation of incinerators. (Sec. 5:a)
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SCOPE OF LEGISLATION
1. Standards and Regulations
a. Every person shall provide one or more garbage receptacles.
(Sec. 4)
b. The County shall provide sufficent, trained refuse disposal
employees and equipment. (Sec. 6:a)
C. Rubbish may be collected and hauled by those engaged in con-
struction under a valid permit. (Sec. 6:c,2)
d. Tree and yard trimmings accumulated by persons regularly engaged
in gardening or landscaping may be collected under a valid
permit. (Sec. 6:c,3)
e. Business and commercial establishments, and occupants or owners
of private residence may haul occasional ''one-time1' loads of
excess rubbish. (Sec. 6:c,4 and 5)
f. The County shall maintain a refuse disposal site. (Sec. 6:d)
g. Incinerators may be approved for the burning of contaminated
medical, hospital or governmental wastes. (Sec. 5:a,1)
h. Rubbish may be burned as specifically permitted by County
Ordinance No. 48 (Fire Code) and amendments thereto. (Sec. 5:b)
i. Composting will be permitted by the County under regulations
adopted by the Health Authority. (Sec. 5:d)
j. The owner of a dead animal is responsible for removing and dis-
posing of it. He may have the assistance of the County in
removing such animal. (Sec. 10:b)
k. Every person is required to receive refuse collection, removal
and disposal services and to pay fees. (Sec. 11)
2. Prohibited Activities
a. It shall be unlawful to burn or bury any garbage or rubbish
except as provided. (Sec. 5)
b. It shall be unlawful to dump refuse except at the disposal site.
(Sec. 5:d)
c. It phall be unlawful to scavenge, collect, or scatter refuse at
the disposal site. (Sec, 6:e)
d. It shall be unlawful to throw refuse on any street, (Sec. 7)
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e. It shall be unlawful to permit any premise to become offensive
or dangerous to the neighborhood or to the public health.
(Sec. 8:a)
f. It shall be unlawful to permit weeds, briars, brush, or other
vegetation to grow so as to emit obnoxious odors or to become
hazardous to public health. (Sec. 8:b)
g. It shall be unlawful to disturb or scatter the refuse or con-
tents of the refuse receptacles. (Sec. 9)
V. ENFORCEMENT
1. Requirements for Permits
A permit must be issued for the operation of incinerators, for
the collection and disposal of rubbish, and for the operation
of trailer courts. (Sees. 5:a,1 and 6:c)
2. Liability for Violators
a. If any person fails to pay fees or charges, the amount of such
unpaid charges or fees shall be made an assessment against such
real property or any improvements contained thereon. (Sec. 14)
b. After the certified list containing any delinquent assessment
with penalty added for nonpayment of the assessment is accepted
by the Board of County Commissioners, the assessment shall be
a lien against the parcel of real estate. (Sec. 17)
3. Administrative Proceedings
a. The County Clerk shall publish a notice containing the assess-
ment roll not less than 10 nor more than 20 days before the
day of the protest hearing. (Sec. 15)
b« At the protest hearing any interested person may protest to the
Board of County Commissioners. The Board shall correct any
errors, if any, or confirm the proceedings and assessments. The
proceedings and assessments so confirmed shall be deemed to be
the final determination as to the correctness of the assessment.
(Sec. 16)
4. Penalties
Any person violating any provision of this ordinance shall upon
conviction thereof be punished by a fine of not more than
$100.00 or imprisonment for not more than 10 days, or by both.
(Sec. 18)
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IREDELL COUNTY, NORTH CAROLINA
I. NAME OF ORDINANCE ,
Rules and Regulations governing the Storage, Collection, Transporting,
and Disposal of Refuse, March 21, 1966.
II. GENERAL STATEMENT
1. Declaration of Policy
The regulations are for the protection of public health and shall
govern the storage, collection, transporting, and disposal of refuse
throughout the County.
2. Definitions
a. Refuse - includes garbage or rubbish.
b. Garbage - includes all putrescible solid wastes, including
vegetable matter, animal offal, and carcasses of small animals,
but excluding human body wastes, animal manure, and recognizable
Industrial by-products. Used milk cartons, or other discarded
food containers that are not dry and clean, shall be included
in this definition.
C. Rubbish - includes non-putrescible solid wastes.
d. Refuse collector - includes any person who collects or trans-
ports refuse, other than one who removes refuse from his own
premises. (Sec. 1)
III. ADMINISTRATION
1. Responsible Agency
Director of the Health Department
2. Functions and Powers
a. To approve the method of storing garbage or other refuse. (Sec.
II)
b. To approve the methods of disposing of refuse. (Sec. V)
c. To give permit for collecting, transporting, or disposing of
refuse. (Sec. VI)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
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a. Every garbage container must be constructed of metal, or equally
durable material, in such a manner as to be strong, watertight,
not easily corrodible, fly proof, and rodent proof; and must
have a capacity of not more than 32 gallons. A sufficient
number of containers must be provided to hold at least one week's
accumulation of garbage. (Sec. 11:1)
b. Rubbish must be stored in such a manner that it will not provide
harborage to rats, nor cause a fire hazard. (Sec. 11:2)
c. All garbage and refuse must be removed from the premises at
least once a week. (Sec. Ill)
d. Refuse trucks must be leak proof, and covered with a canvas or
other substantial material, unless it is constructed in such a
manner as to prevent leakage or spillage of the refuse. Truck
bed should be cleaned daily. (Sec. IV)
e. No refuse collector shall dispose of refuse except by one of the
following nethods:
(1) By burning refuse in an incinerator of a type approved by
the Health Director as safe and sanitary.
(2) By burying refuse in a sanitary landfill that is designed,
operated, and equipped in accordance with the recommendations
in Special Bulletin No. 479 of the State Board of Health.
(Sec. V)
f. The customer shall pay a maximum monthly fee as set out as
follows:
(1) Rural property owners - $2.50.
(2) Trailer Courts - based on agreement.
(3) Business establishments - based on agreement.
(4) Individual trailers on individual lots • $1.50. (Sec. VII:A)
ENFORCEMENT
1. Requirements for Permits
a. The person shall collect, transport, or dispose of refuse
without a written permit from the County Board of Commissioners.
(Sec, VI:A)
b. Each exclusive permit shall become effective for a period of
five years. (Sec. VI:D)
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2. Inspection
The Health Director inspects facilities, equipment, or operating
methods of any person holding a permit. If conditions or
practices in violation of the provisions of these regulations
are not corrected within ten days, the Director shall make a
reinspection. (Sec. VIII:A)
3. Liability for Violators
The Health Director shall revoke a permit if the permittee has
not corrected unlawful conditions or piactices in ten days after
receiving a notice in writing. (Sec. VIII:A)
4. Administrative Proceedings
Upon written permission from a person whose permit has been
denied or revoked, the County Board of Commissioners shall hold
a hearing at which time such person shall be given an opportunity
to prove his case. No such hearing shall be held unless written
petition has been filed within ten days. After the hearing, the
County Board of Commissioners may either approve the denial or
revocation of such permit or order that it be issued or re-
instated. (Sec. VIII:B)
5. Penalties
Any person who violates this ordinance shall be guilty of a
misdemeanor, and fined not exceeding $50.00 or imprisoned not
exceeding 30 days. (Sec. X)
6. Performance Bonds and Insurances
The applicant for permit must secure- and present to the County
a good sufficient surety bond or liability insurance policy
in the sum of not less than $1,000.00. (Sec. IX)
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MECKLENBURG COUNTY, NORTH CAROLINA
I. NAME OF ORDINANCE
Regulations Governing the Storage, Collection, Transporting, and
Disposal of Solid Waste, August 15, 1969.
II. GENERAL STATEMENT
1. Declaration of Policy
The Regulations govern the storage, collection, transporting and
disposal of solid waste for the protection of the public health.
2. Definitions
a. Refuse - includes putrescible and non-putrescible solid wastes,
(except body wastes), including garbage, rubbish, ashes, street
cleanings, dead animals, abandoned automobiles and solid market
and industrial wastes.
b. Garbage - includes putrescible animal and vegetable wastes re-
sulting from the handling, preparation and consumption of foods.
c. Rubbish - includes non-putrescible solid wastes (except ashes).
It consits of both combustible and noncombustible materials,
such as paper, cardboard, tin cans, yard clippings, wood, glass,
bedding, crockery, metals and similar objects.
III. ADMINISTRATION
1. Responsible Agency
County Board of Health
2. Functions and Powers
To give permits for collection, transportation, or disposal of
rubbish, garbage, or refuse. (Sec. 3:A)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. Garbage or rubbish must be stored in covered containers which
are watertight, provided with a tight-fitting lid, rust re-
sistant, and fly tight and rodent proof. (Sec. 2:A)
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b. No person shall accumulate rubbish or debris on any land or in
any building that will provide harborage or breeding places for
mosquitoes, vermin, or rats. (Sec. 2:B)
c. Rubbish, garbage and refuse must be disposed of by burning
rubbish, garbage or refuse in an incinerator of a type approved
by the Air Pollution Control Authority, and by burying them in
sanitary landfills. (Sec. 4:A and B)
d. Sanitary landfills must comply with the following requirements:
(1) All refuse must be thoroughly compacted and covered with at
least 6 inches of earth to prevent fly emergence, rodent
infestation, and to allay odors.
(2) The fill site must be maintained in a neat and sanitary
condition.
(3) Measures must be taken to prevent water pollution.
(4) No domestic animals must be permitted to feed from garbage
at the. site.
(5) The final earth covering for slopes of landfills must be
compacted to a minimum depth of 24 inches. (Sec. 4:B)
2. Prohibited Activities
It shall be unlawful to conduct open burning on landfill sites
to reduce the volume of refuse. (Sec. 4:15)
V. ENFORCEMENT
1. Requirements for Permit
a. No person shall collect, transport, or dispose of rubbish, gar-
bage or refuse without a written permit. (Sec. 3:A)
b. The Health Director is authorized to refuse to issue any permit
in case of noncompliance with the requirements of the regulations,
(Sec. 3:c)
c. The Health Director may suspend a permit if conditions or
practices in violation of the provisions of the regulations have
not been corrected. (Sec. 3:F)
2. Liability for Violators
The Health Director may bring a proceeding in the Superior
Court of the County in which the violation of the regulation
exist for its abatement. (Sec. 5:B)
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3. Administrative Proceedings
The Board of Health must hold a hearing when a person whose
permit has been suspended files a written petition. After the
hearing, it may either revoke or re-instate such permit. (Sec. 5:G)
4. Penalties
Any person who violates any regulations is guilty of a mis-
demeanor and punishable by a fine not to exceed $50.00 or im-
prisonment not to exceed 30 days. (Sec. 4:A)
5. Bond or Liability Insurance
Any collector of garbage must submit to the Board of Health
for its approval a good and sufficient bond or liability insurance
in the sura of not less than $2,000.00, and this bond must be
kept in force at all times. (Sec. 3:E)
6. Injunctive Powers
The Superior Court may upon hearing and for good cause shown
enjoin the continuance of the condition violating the regulations,
irrespective of all other remedies at law. (Sec. 5:B)
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MARION COUNTY, OREGON
I. NAME OF ORDINANCE
Solid Waste Collection and Disposal Ordinance, September 22, 1969.
II. GENERAL STATEMENT
1« Declaration of Policy
To protect the health, safety and welfare of the people of Marion
County and to provide a coordinated program on accumulation,
collection and disposal of wastes and solid wastes. (Sec. 2)
2. Definitions
a. Disposal site - includes any land used for the disposal of
solid wastes, including, but not limited to, dumps, landfills,
sanitary landfills and composting plants, but does not include
a landfill site which is not used by the public either directly
or through a service, and which is used by the owner or tenant
thereof to dispose of sawdust, bark, soil, rock, building
demolition material or non-putrescible industrial waste products
resulting from the process of manufacturing. (Sec. 3.06)
b. Hazardous Solid Waste - includes soil waste that may be itself
or in combination with other solid wastes, be infectious,
explosive, poisonous, caustic or toxic or otherwise dangerous
or injurious to human, plant or animal life. (Sec. 3.11)
c. Incinerator - includes a combustion device specifically designed
for the reduction by burning, of solid, semi-solid or liquid
combustible wastes. (Sec. 3.12)
d. Landfill - includes a disposal site operated by means of com-
pacting and covering solid x^astes at specific designated inter-
vals, but not each operating day. (Sec. 3.13)
e. Sanitary landfill - includes any disposal site operated by
means of compacting and covering solid wastes at specific
designated intervals, but not each operating day. (Sec. 3.13)
f. Solid waste - includes all putrescible and non-putrescible
wastes, whether in solid or liquid form, except liquid carried
industrial wastes or sewage or sewage hauled as an incidental
part of a septic tank or cesspool cleaning service, but including
garbage, rubbish, ashes, sewage sludge, street refuse, industrial
wastes, swill, demolition and construction wastes, abandoned
vehicles or parts thereof, discarded home and industrial
appliances, manure, vegetable or animal solid and semi-solid
wastes, dead animals and other discarded "solid materials.
(Sec. 3.21)
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III. ADMINISTRATION
1. Responsible Agency
The County Engineer under the supervision of the Solid Waste Disposal
Committee and the Board of County Commissioners.
2. Functions and Powers
a. To regulate accumulation, collection and disposal of wastes and
solid wastes and the creation and operation of disposal sites.
b. To provide a coordinated county-wide program of control of
solid wastes in cooperation with federal, state and local
agencies responsible for the prevention, control or abatement
of air, water and ground pollution.
c. To provide for, and encourage research, studies, surveys and
demonstration projects on developing more sanitary, efficient
and economical solid waste disposal systems and programs.
d. To provide for cooperation and agreements between Marion County,
and other counties involving joint or regional franchising of
solid waste collection or disposal. (Sec. 2)
3. Appointment of an Advisory Board
a. There is created a Solid Waste Committee consisting of:
(1) Marion County Engineer
(2) Director of the Council of Governments.
(3) Director of County Environmental Health Services.
(4) Two members of the general public and two holders of
franchises.(Sec. 7.01)
b. Duties of the Committee
(1) To make an annual report.
(2) To develop a long-range plan to provide adequate disposal
sites and facilities.
(3) To develop minimum standards for the location and operation
of disposal sites. (Sec. 7.03)
C. Regional Solid Waste Committee
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The Board of County Commissioners may appoint one or more
members of the Committee to serve on a regional committee.
(Sec. 7.04)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. No person shall store, collect, maintain or display on private
property, water or solid waste that is offensive or hazardous
to the health and safety. Storage, collection, maintenance or
display of wastes or solid wastes in violation of this subsection
shall be a public nuisance. (Sec. 5.01)
b. The Board of County Commissioners may promulgate rules governing,
(1) Accumulation, storage, collection, transportation and
disposal of solid x^astes to prevent (a) vector production
and sustenance, (b) conditions for transmission of disease
to man or animals, (c) air pollution, (d) pollution of
surface or ground water, and (e) hazards to service
or disposal workers or to the public
(2) Disposal sites
(3) Construction, loading and operation of collection vehicles
(4) Safe handling of hazardous wastes. (Sec. 8:a)
c. Upon recommendation of the Solid Waste Committee, the Board
of County Commissioners may approve and establish existing rates
filed by applicants for franchises if such rates are not un-
reasonable. (Sec. 10.01)
2. Prohibited Activities
a. It shall be unlawful to dispose of solid waste at any other
place than an approved disposal site. (Sec. 6 :a)
b. It shall be unlawful for any person to use any land as a disposal
site without approval of the Board of County Commissioners.
(Sec. 6:b)
c. It shall be unlawful to store, collect, transport or dispose of
any solid waste without a franchise. (Sec. 9.01:a)
V. ENFORCEMENT
1. Requirements for Franchises
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a. Persons who are providing collection service must be granted a
collection franchise. (Sec. 9.03)
b. Any persons who want to provide disposal service must secure
disposal franchise. (Sec. 9.05)
c. The Board of County Commissioners may issue a franchise for
joint service with another person. (Sec. 9.08)
d. A franchise holder may transfer his franchise only upon written
notice to and approval by the Board. (Sec. 9.09)
e. Franchises shall be renewable unless grounds exist for refusal
to renew. The term for collection franchises shall be ten years,
The terms for disposal franchises shall be determined by the
Board. (Sec. 9.U)
f. The Board shall collect from the holder of: (1) any collection
franchise, an annual fee equal to 3 percent of the gross
cash receipts from collection service; (2) any disposal
franchise, an annual fee of $25.00. (Sec. 9.15)
2. Liability for Violators
The Board of County Commissioners may suspend, modify, revoke,
or refuse to renew a franchise if the holder has (1) violated
the ordinance; (2) materially misrepresented facts or information
given in the application; (3) refused to provide adequate
service area. (Sec. 9.12:a)
3. Administrative Proceedings
a. The Board shall conduct a public hearing on the existence of the
alleged nuisance, and shall order a suit for its abatement if
a nuisance is found to exist. (Sec. 5.02:d)
b. The applicant or a franchise holder may request a public hearing
upon the Board's order adverse to him within 30 days after the
date of said order. (Sec. 9.07)
c. If the Board suspends, modifies, revokes or refuses to renew the
franchise, the franchise holder may request a public hearing in
writing within 30 days after date of the order. The Board may
following the public hearing, affirm, amend or rescind its
prior order. (Sec. 9.12:c)
A. Penalties
The violations of the provisions of this ordinance shall be
deemed to be a misdemeanor and shall be punishable upon conviction
by a fine of not more than $500.00 or by imprisonment for not
more than 6 months or both. (Sec. 12.03)
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5. Performance Bonds and Insurances
a. The Board may require the franchise applicant to submit a
corporate surety bond. (Sec. 9.03:,5 and 9.05ic,3)
b. The Bond may require the applicant to have public liability
insurance in the amount of not less than $100,000 and property
damage insurance in the amount of not less than $25.00.
(Sec. 9.03:b,7)
6. Injunctive Powers
The Board is authorized to make and issue temporary restraining
orders enjoining the alleged violation of this ordinance. If
the Bond determines that the alleged violator has committed a
violation of this ordinance, it may enter an order permanently
enjoining further violations. (Sec. 12.01)
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WASHINGTON COUNTY, OREGON
I. NAME OF ORDINANCE
An Ordinance relating to the Creation of a Solid Waste Control Program,
as amended, 1969.
II. GENERAL STATEMENT
1. Declaration of Policy
To protect the health, safety and welfare of the people of Washington
County, the Board of County Commissioners has determined the necessity
of providing a co-ordinated county-wide program for the safe,
economical and efficient collection, storage, transportation and
disposal of wastes and solid wastes, and to insure adequate standards
of service for said collection, storage, transportation and disposal
of wastes and solid wastes. (Sec. 2)
2. Definitions
a. Disposal site - includes any land used for the disposal of
solid wastes including, but not limited to, dumps, landfills and
composting plants. Exception: A landfill site used by the owner
or tenant to dispose of sawdust, bark, soil, rock, building
demolition material or non-putrescible industrial waste products.
b. Hazardous Solid Waste - includes solid waste that may be in-
fectious, explosive, poisonous, caustic or toxic or otherwise
dangerous or injurious to human, plant or animal life.
c. Landfill - includes disposal of solid waste by compacting and
covering solid waste at specific designated intervals but not
each operating day.
d. Putrescible material - includes organic material that can de-
compose, and may give rise to foul smelling, offensive products.
Ci Solid Waste - includes all putrescible and non-putrescible wastes,
whether in solid or liquid form, except liquid-carried industrial
wastes or sewage or sewage hauled as an incidental part of a
septic tank or cesspool cleaning service, but including garbage,
rubbish, ashes, street refuse, industrial waste, swill, demolition
and construction waste, abandoned vehicles or parts thereof,
disc?rded home and industrial appliances, manure, vegetable or
animal solid and semi-solid waste, dead animals and other dis-
carded solid materials.
f. Waste - includes useless, unwanted or discarded materials. (Sec. 1)
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III. ADMINISTRATION
1. Responsible Agency
2. Functions and Powers
To administer and enforce this ordinance. (Sec. 3:A)
3. Solid Waste: Advisory Committee
a. The Committee consists of seven members, five representing the
public, and two representing the solid waste collection and
disposal industry. Members of the Committee are appointed by
the Board of County Commissioners and serve for a term of five
years. (Sec. 5)
b. The Committee makes an annual report containing its recommendations,
if any, regarding proposed changes or additions to the rules
and regulations and performs such other and further acts as
may be necessary, proper or desirable to carry out effectively
the functions of the Committee. (Sec. 6)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. Persons who are providing service to a residential, commerical,
or industrial customer on or before January 1, 1969 may continue
to serve such customer even if said customer is located within
a service area allocated to another person. (Sec. 11)
b. The holder of a certificate must provide required service and
facilities; should not discontinue service without giving not
less than 90 days written notice; may contact with another
person to provide service after giving 30 days written notice;
and may refuse collection service if the customer refuses to
pay for the service. (Sec. 13)
c. Rates filed by all applicants must be approved by the Board.
(Sec. 16)
d. No certificate holder shall give any rate preference to any
person, locality or type of solid waste. (Sec. 17)
e. The annual certificate fee is equal to 3% of the gross receipts
from the area defined in the certificate. (Sec. 18)
V. ENFORCEMENT
1. Requirements for Permits
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a. It shall be unlawful to collect, store, transport or dispose of
any waste without a certificate. Exceptions: Cities, federal or
state agencies. (Sec. 7)
b. The Board may issue a certificate for joint service with another
person who can provide that service. (Sec. 12:A)
c. The Board nay issue a temporary or permanent certificate to
another person for limited purpose. (Sec. 12:B)
2. Liability for Violators
The Board may suspend, modify or revoke a certificate upon
finding that the holder has willfully violated this ordinance.
(Sec. 15)
3. Administrative Proceedings
The Health Department has authority to administer oaths, certify
to all offical acts, subpoena and require the attendance of
witnesses at public hearings, require production of relevant
documents of public hearings; swear witnesses; take testimony of
any person by deposition; and enter upon the premises of any
person to determine compliance with this ordinance. (Sec. 3)
A. Penalties
The violation of the relevant provisions of this ordinance is
punished by a fine of not less than $500 or more than $1,000,
or by imprisonment for a period not to exceed one year, or both.
(Sec. 21)
5. Injunctive Powers
a. The Board is authorized to issue temporary restraining orders
enjoining the alleged violation. (Sec. 19)
b. The Board, District Attorney, or County Counsel, may institute
injunction, mandamus, abateinent or other appropriate legal
proceeding to temporarily or permanently enjoin or abate un-
lawful collection, storage, transportation or disposal. (Sec. 22)
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ALLEGHENY COUNTY, PENNSYLVANIA
I. NAME OF ORDINANCE
Allegheny County Health Departments' Rules and Regulations, Article VIII
Solid Waste Management, Septeir-ber 1, 1969.
II. GENERAL STATEMENT
1. Declaration of Policy
This article provides regulations for establishing minimum standards
for the regulation of the collection, processing, storage and
disposal of solid waste material, establishing minimum standards
governing the condition and maintenance of disposal facilities,
vehicles and other equipment, fixing responsibilities and duties
of owners engaged in solid waste management and permits. (Sec. 801)
2. Definitions
a. Composting - includes decomposition of solid waste material of
organic composition through chemical and biological process
usually resulting in a plant food or soil conditioner.
b. Garbage - includes all putrescible solid wastes resulting from
animal, grain, fruit or vegetable matter used or intended for
use in food.
c. Incineration - includes process of burning combustible solid
waste to an inoffensive gas and a sterile residue.
d. Refuse - includes all solid waste excluding ashes and garbage,
consisting of, but not limited to, rubbish, paper, cardboard,
tin cans, yard clippings wood, glass, bedding, crockery, metal
and street cleanings. Exceptions: body waste and hazardous
materials.
e« Sanitary Landfill - includes any method of disposing of solid
wastes on or in ground by compaction and covering with soil or
appropriate materials approved by the Director without creating
fires, nuisances or hazards to public health and safety.
f. Solid Waste - includes all or parts of combinations of ashes ,
garbage, refuse, hazardous material, combustible demolition
materials and industrial wastes. (Sec. 804)
III. ADMINISTRATION
1. Responsible Agency
Health Department
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2. Functions and Powers
a. To issue permits for solid waste transportation and processing
or disposal area. (Sec. 810:D and Sec. 811)
b. To enforce standards contained in Article VIII and to adopt
applicable laws, regulations and standards of the United States
and the Commonwealth of Pennsylvania. (Sec. 812)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. All-weather access roads negotiable by loaded collection vehicle
must be provided to the entrance of the disposal site or facility
where a public road does not exist.
b. Provisions should be made for measuring all solid waste delivered
to the site.
c. Necessary measures should be taken to prevent and extinguish
fires.
d. Access to the site must be limited to those times when an
attendant is on duty.
e. Salvaging is permitted only when properly controlled.
f. Collection vehicles must be constructed of metal, easily
cleanable and cleaned at sufficient frequency. (Sec. 812:E)
2. Prohibited Activities
a. It shall be unlawful to install, construct extensively, alter,
or operate any solid waste system without regard to the re-
quirements and standards of this article. (Sec. 812:A)
b. It shall be unlawful to dispose of solid waste upon any public
or private property or into the waters except in an approved
manner. (Sec. 812:C)
c. It shall be unlawful to permit an open fire for the purpose of
disposing of solid waste except where permission is obtained.
(Sec. 812:D)
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V. ENFORCEMENT
1« Requirements for Permits
a. Permits are required of any person, municipality, county or
authority to use land as a solid waste processing or disposal
area. (Sec. 810:A)
b. The annual fee is $100 which is due after notification of approval
of the application. (Sec. 810:D) There shall be no charge to
municipalities.
c. Permits are renewable annually and may be revoked when provisions
of these rules and regulations are not adhered to. (Sec. 810:1
and J)
d. A permit is required to transport solid waste. (Sec. 811)
2. Inspection Procedure
The Director of the Health Department may enter and inspect any
property, records and equipment at all reasonable times and in
an emergency at any time.
3. Liability for Violators
In case of violation, the Director shall give notice of the
violation in the manner provided in this section to the person
responsible for compliance. (Sec. 805)
4. Administrative Proceedings
a. Any person aggrieved by any action of the Department may request
a hearing by filing in the office of the Director a petition for
a hearing. (Sec. 807)
b. The Director may, without prior notice, issue an emergency order.
In the event of non-compliance with the order, he may institute
appropriate actions or proceedings at law or in equity. (Sec.
808 and 809)
5. Penalties
Any violator is subject to a fine of not more than $100.00 or to
imprisonment for a period of not more than 30 days, or both.
(Sec. 814)
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SALT LAKE COUNTY, UTAH
I. NAME OF ORDINANCE
Garbage Ordinance of Salt Lake County, Utah, September 20, 1967.
II. GENERAL STATEMENT
1. Declaration of Policy
2. Definitions
a. Community waste - includes lawn cuttings, clippings from bushes
and shrubs, leaves, sweepings from yards, tin cans, boiler ashes,
newspapers, magazines, cardboard cartons, and stove ashes (but
not building materials).
b. Garbage - includes swill and all animal, vegetable and food
refuse from kitchens of residences, hotels, cafes, restaurants
and places where food is prepared for human consumption.
c. Refuse - includes combustible trash, including, but not limited
to, paper, cartons, boxes, barrels, wood, excelsior, tree
branches, yard trimmings, wood furniture, bedding; noncombustible
trash, including, but not limited to, metal, tin cans, metal
furniture, dirt, small quantities of rock and pieces of concrete
glass, crockery, other mineral wastes; street rubbish, including,
but not limited to, street sweepings, dirt, leaves, catch-basin
dirt, contents of litter receptacles.
d. Exception - includes earth and wastes from building operations,
and solid wastes resulting from industrial processes and manu-
facturing operations, such as food processing wastes, boiler-
house cinders, lumber, scraps and shavings. (Sec. 8-1-1)
III. ADMINISTRATION
1. Responsible Agency
Board of Health
2. Functions and Powers
a. To make rules and regulations and enforce the provisions of this
ordinance in reference to garbage, scavenger and waste disposal
work. (Sec. 8-2-1)
b. To answer and investigate all complaints, and when necessary,
in its judgement, to declare the unsanitary condition a public
nuisance, (Sec. 8-2-2)
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c. To establish such garbage districts as it may deem necessary for
the proper conduct of the Department. (Sec. 8-2-3)
d. To submit proposed contracts for the handling or disposal of any
refuse, trade waste and market waste. (Sec. 8-2-4)
e. To declare worn-out, rusted or filthy containers public nuisances.
(Sec. 8-2-5)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. The Board of County Commissioners may provide for the collection
and disposal, at the expense of the county, of residential refuse.
(Sec. 8-3-2)
b. The Board must provide for the collection of junk and tree limbs
at least once each month. (Sec. 8-3-3)
c. Collection vehicle must be covered completely with a heavy duty
canvas or other heavy acceptable material at all times. (Sec.
8-3-4)
d. All waste receptacles must be set out for collection at such
places and times as may be desingated by the Board of Health.
(Sec. 8-4-2)
e. Every owner must provide suitable and sufficient approved re-
ceptacles for receiving and holding refuse. No receptacle shall
be filled to exceed 100 pounds in weight. (Sec. 8-4-5)
f. All garbage and market waste must be placed in rain-proof and
fly-proof receptacles with tight covers. (Sec. 8-4-11)
g. Waste disposal contractors can dump the contents of their col-
lecting vehicles only in designated places. (Sec. 8-4-19)
h. All refuse not collected by the county must be collected and
disposed of by the licensed collectors at the expense of the
owner. (Sec. 8-4-20)
2. Prohibited Activities
a. It shall be unlawful to allow any garbage, trade waste or rubbish
to fall and remain on any place or road. (Sec. 8-3-5)
b. It shall be unlawful to break any receptacle and to litter.
(Sec. 8-3-6)
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c. It shall be unlawful to place receptacles within 20 feet of any
occupied dwellings. (Sec. 8-4-3)
d. It shall be unlawful to refuse to remove refuse within a reasonable
time after notice is given. (Sec. 8-4-4)
e. It shall be unlawful to dunp except in an incinerator or proper
disposal device. (Sec. 8-4-6)
f. It shall be unlawful to deposit garbage in wooden boxes, barrels
or paste board cartons. (Sec. 8-4-8)
g. It shall be unlawful to allow any loaded vehicle to remain on
any public street any longer than necessary. (Sec. 8-4-10)
h. It shall be unlawful to burn any garbage or refuse in the open
air. (Sec. 8-4-14)
i. It shall be unlawful to permit any dead animal to remain on the
premises longer than three hours. (Sec. 8-4-16) It shall be
unlawful to throw dead animals in water. (Sec. 8-4-17)
V. ENFORCEMENT
1. Requirements for Permits
a. Only licensee can collect garbage. (Sec. 8-3-1)
b. Disposing of waste requires permits from the Board of Health.
(Sec. 8-4-1)
2. Liability
When an occupant of any premises fails to pay the fee for removal
of garbage or refuse, the Board of Health shall refuse further
collection until the required fee is paid. (Sec. 8-5-1)
3. Penalties
Any person violating any provision of this ordinance shall be
fined not to exceed $299.00 or imprisoned not to exceed six months,
or by both. A corporation violating a provision of this title
shall be punished by a fine not exceeding $1,000.00. (Sec. 8-5-1)
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FAIRFAX COUNTY, VIRGINIA
I. NAME OF ORDINANCE
Chapter 14, Garbage, Trash and Refuse, Fairfax County Code, July 15, 1961.
II. GENERAL STATEMENT
1. Declaration of Policy
2. Definitions
a. Sanitary landfill - includes any land upon which refuse is
dumped, thoroughly compacted and promptly covered with earth or
other suitable material under constant supervision of the oper-
ator of the landfill and in such manner as will prevent the entrance
of rodents or other vermin, the breeding of insects, the escape
of odors and the outbreak of fire. (Sec. 14-3)
b. Refuse - includes all solid waste of a community, including
garbage, ashes, rubbish, street cleanings and solid market and
industrial wastes, but not including body wastes. (Sec. 14-19)
III. ADMINISTRATION
1. Responsible Agency
County Health Officer and Director Department of Public Works.
2. Functions and Powers
a. To issue permits for the operation of a sanitary landfill
(Sec. 14-6) and for the removal_of refuse. (Sec. 14-20)
b. To inspect the operation of any sanitary landfill and to en-
force the provisions of this Ordinance. (Sec. 14-17)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. Garbage must be kept enclosed in a watertight, flyproof con-
tainer. (Sec. 14-2)
b. No person shall dispose of refuse other than at a sanitary
landfill. (Sec. 14-5)
c. Sanitary landfills must be operated in accordance with the
following requirements:
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(1) A representative of the owner or operator of the landfill
must be present on the premises.
(2) All refuse must be throughly compacted before being covered.
(3) The area must be enclosed by a fence.
(4) The compacted refuse must be.completely covered to a depth
of at least 6 inches at the end of each daily operation.
(5) A landfill should not be abandoned exceeding thirty days.
(6) No watercourse or natural drainage way shall be blocked or
impared by landfill operations.
(7) No fires and salvage operations shall be permitted at a land-
fill at any time. (14-18)
d. The bodies of all collection vehicles must be constructed so as
to prevent the refuse from spilling or being blown. (Sec. 14-30)
e. Refuse must be removed in such a manner that it does not create
a nuisance or adversely affect public health. No harmful material,
including explosive, toxic, radioactive or highly combustible
material, shall be removed for disposal, except by a special
permission. (Sec. 14-31)
f. Each vehicle used for refuse removal must be emptied each time
it is dumped and thoroughly cleaned twice a week when in use.
(Sec. 14-34)
2. Prohibited Activities
a. It shall be unlawful to dump refuse on any road. (Sec. 14-1)
b. It shall be unlawful to place any garbage, ashes, trash, rubbish
or other refuse in an offensive or insanitary manner and to
maintain containers in a condition that promotes the breeding of
flies or vermin. (Sec. 14-2)
c. It shall be unlawful to fail to remove any trash, garbage, refuse,
or litter after notifications to remove. (Sec. 14-21)
d. It shall be unlawful to dump any refuse upon private land. (Sec.
14-4)
e. It shall be unlawful to transfer refuse, other than refuse in
containers, from one vehicle to another except in case of break-
down. (Sec. 14-33)
V. ENFORCEMENT
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1. Requirements for Permits
a. A permit is required to operate a sanitary landfill. (Sec. 14-6)
b. Sanitary landfill permits should be valid for a period not in
excess of one year. (Sec. 14-7)
c. No permit shall be granted unless a use permit from the Board of
Zoning Appeals has been obtained. (Sec. 14-8)
d. The application for a private refuse license should be accompanied
by a fee of $15. (Sec. 14-24) The permittee for a sanitary
landfill should pay a permit fee of $100. (Sec. 14-14)
e. Every person engaged in the removal of refuse must obtain an
annual license from the Director of Finance. (Sec. 14-24)
f. A permit number must be permanently affixed to both sides of the
vehicle. (Sec. 14-27)
2. Inspection
All vehicles used for refuse removal or transport have to be
inspected by the approving authority. (Sec. 14-28)
3. Administrative Proceedings
Sanitary landfill permits are subject to revocation if the
operation of such landfill endangers the health, safety or general
welfare. Before revoking any permit, the board of county
supervisors must give the holder at least ten days written notice
of the time and place for hearing and must conduct a hearing on
the matter. (Sec. 14-9)
4. Penalties
Violation of any provisions of this code constitutes a mis-
demeanor and shall be prosecuted in accordance with section 1-6
of this code. (Sec. 14-36)
5. Performance Bonds
All persons engaging in the removal of refuse must furnish a
bond in an amount equal to not less than $500 for each vehicle,
but not to exceed $3000. In case of failure to correct any
neglect or noncompliance, the bond shall be forfeited. The
original bond shall be for a period of not less than 12 months
and shall be renex^ed annually. (Sec. 14-25)
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PRINCE WILLIAM COUNTY, VIRGINIA
I. NAME OF ORDINANCE
Chapter 10 Garbage, Trash and Ashes, as amended, Prince William County
Code, 1965.
II. GENERAL STATEMENT
1. Definitions
a. Non-putrescible ash - includes any solid product of a combustible
process which, when placed upon the ground, will not be the
source of foul odors or support the multiplication of insects
and rodents. (Sec. 10-2)
b. Refuse - includes all solid and semi-liquid waste of a community
including garbage, ashes, rubbish, street cleanings and solid
market and industrial wastes, but not including human or animal
body wastes. (Sec. 10-2)
c. Refuse disposal site - includes any area set aside and licensed
under permits issued under terms and conditions of this article
for the disposal of refuse. (Sec. 10-2)
d. Refuse remover - includes any person engaged in the removing or
transporting of refuse for compensation from two or more res-
idential, commercial or industrial establishments, either within
or without the county. (Sec. 10-11)
e. Vehicles - includes any truck or trailer used for transporting
refuse from the premises from which it is collected to the
point of refuse disposal. (Sec. 10-11)
III. ADMINISTRATION
1. Responsible Agency
Health Department
2. Functions and Powers
To issue permits to operate refuse disposal sites and to engage in
refuse removing. (Section 10-7 and 10-19)
IV. SCOPE OF LEGISLATION
1. Standards and Regulations
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a. Each collection vehicle shall transport refuse in such a
manner as not to create a nuisance or adversely affect public
health. The refuse shall not be spilled, dumped or thrown
into any street, court, lane, alley, sewer inlet or vacant lot.
Liquid and semiliquid refuse shall be carried in watertight
containers. (Sec. 10-12)
b. Two types of vehicles shall be allowed for transportation:
(1) A vehicle constructed with a watertight body, completely
enclosed and covered;
(2) A vehicle with a non-watertight body, with built-in cover,
or with tarpaulin or equally effective cover. (Sec. 10-13)
c. All collection vehicles shall be provided with Eire extinguishers,
(Sec. 10-14)
d. No vehicle shall be emptied in the county other than an approved
refuse disposal site. (Sec. 10-17)
e. Each vehicle shall be completely emptied each time it is dumped
and thoroughly cleaned twice a week. (Sec. 10-18)
f. Refuse shall be collected not less than:
(1) Once weekly during October, November, December, January,
February, March and April;
(2) Twice weekly during May, June, July, August, and September.
g. Commercial establishments shall have more frequent collections.
(Section 10.20-1)
2. Prohibited Activities
a. It shall be unlawful to remove known harmful materials for
disposal except pursuant to a special permit. (Sec. 10-38)
b. It shall be unlawful to burn refuse except tree limbs and trunks
and auto tires, at the sanitary landfill. (Sec. 10-3(4)
c. It shall be unlawful to engage in refuse removing without first
having obtained an annual license. (Sec. 10-27)
3. Approved Operations of Solid Waste Facilities.
a. The operation of sanitary landfill shall meet the following
conditions :
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(1) An all-weather road to the unloading area shall be provided.
(2) All refuse, except bulky items, shall be spread and
thoroughly compacted in cells to a depth not greater than lour
feet.
(3) Each day's accumulation (a cell) shall be covered with a
minimui11 six-inch layer of soil. Final cover shall be at
least two feet of compacted soil.
(4) Salvage shall be permissible, provided that salvage
materials shall be hauled as.'ay at least once a week.
(5) Dust control measures shall be applied.
(6) Adequate insect and rodent control treasures shall bt? ex-
ercised.
(7) The filling area shall be totally enclosed by a fence ot
all times.
(8) Representative of owner or operator shall be on the premises
when in operation.
(9) A landfill shall not be abandoned for more than 30 days
unless the entire exposed surface has been covered with a
material to a depth of at least two feet.
(10) No watercourse or natural drainage shall be blocked or
impaired by the landfill operations,
(11) In the event of any breakdown in equipment, the landfill
shall be closed until the equipment is repaired.
b. Incineration is acceptable subject to the following conditions:
(1) The incinerator shall be of an enclosed type.
(2) It shall preclude the production of nuisance from, odor,
smoke, air pollution, etc.
(3) The temperature roust be such as to produce non-putrescible
ash .
(4) If the incinerator fails to produce a non-putrescible ash,
the product shall be disposed of by sanitary landfill.
(Sec. 10-3)
V. ENFORCEMENT
1. Requirements for Permits
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a. Prior to the issuance of a permit all vehicles to be operated
shall be inspected. (Sec. 10-21)
b. Every refuse rerrover shall have all collection vehicles inspected
annually by the Health Department. (Sec. 10-36)
3. Liability for Violators
The Board of Supervisors may revoke a permit if the operation
of the disposal site in question is not in accordance with this
article. (Sec. 10-10.1)
4. Penalties
a. Any person shall be guilty of a misdemeanor who shall dump
trash on highway, etc. (Sec. 10-1)
b. Any person violating this article shall be punished by a fine
not exceeding $300 or confinement in jail not exceeding 30 days
or both. (Ssc. 10-6)
5. Performance Bond
a. Each holder of a permit shall furnish a bond in an amount not
less than $500 for each vehicle, but not exceeding $3000.
(Sec. 10-31)
t
b. The bond shall be for not less than 12 months and shall be
renewed annually. (Sec. 10-32)
c. In case of neglect in handling refuse, the bond shall be for-
feited. (Sec. 10-35)
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CENTRAL SAVANNAH RIVER AREA, GEORGIA
I. NAME OF ORDINANCE
Ordinance for Refuse Storage, Collection, and Disposal.
II. GENERAL STATEMENT
1. Definitions
a. Refuse - includes all solid wastes of a community, including
garbage, ashes, rubbish, dead animals, street cleanings, and
solid market, and industrial wastes, but not including body
wastes. (Sec. 1)
b. Garbage - includes putrescible animal and vegetable wastes
resulting from the handling, preparation, cooking and/or
consumption of foods. (Sec. 8)
c. Ashes - includes residue from the burning of wood, coal, coke,
or other combustible materials. (Sec. 8)
d. Rubbish - includes non-putrescible solid wastes, excluding ashes,
consisting of paper, cardboard, tin cans, yard clippings, wood,
glass, bedding, crockery, metals, and similar materials. (Sec. 8)
e. Dead Animals - includes small, dead animals; not exceeding 75
pounds each in weight, which die in the normal course of
community activity excluding condemned animals, animals from a
slaughter house, or other animals normally considered industrial
refuse. (Sec. 8)
III. ADMINISTRATION
1. Functions and Powers of Responsible Agency.
a. To implement and enforce the provisions of this ordinance.
b. To control the storage, collection, and disposal of refuse.
c. To provide a public refuse collection and refuse disposal
service.
d. To approve and regulate the establishment, maintenance, and
operation of private refuse collection systems and refuse-
disposal methods and sites. (Sec. 2)
e. To issue permits to engage in the business of refuse collection
or refuse disposal. (Sec. 4)
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IV. SCOPE OF LEGISLATION
1. Standards and Regulations
a. The following refuse shall be considered to be acceptable for
collection: garbage, ashes, rubbish, and dead animals. (Sec. 8)
b. Refuse not acceptable for collection by the responsible authority
Is as follows: dangerous materials" or substances, unusual
quantities of materials resulting from the repair, excavation, or
construction of buildings or structures, materials which have
not been prepared for collection in accordance with these
regulations, and the solid wastes resulting from industrial
process. (Sec. 9)
c« Bulky rubbish such as trees, weeds, and large cardboard boxes,
may be bundled so as not to exceed 4 feet in length nor 50 pounds
in weight. (Sec. 10:b)
d. All other refuse must be stored in durable metal, watertight and
easily washable containers, which have close-fitting lids and
adequate handles. Such containers must be of not less than 10
gallons nor more than 33 gallons in capacity. Plastic or paper
refuse sacks can be used if they are of a type accepted by the
health officials, and if at least twice weekly collection is
provided. (Sec. 10:c)
e. Garbage must be drained and wrapped. (Sec. 10:d)
f. Ashes containing hot embers shall not be placed in containers
for collection. (Sec. 10:f)
g. All household, institutional, business, and industrial refuse
must be collected twice weekly. (Sec. 12:a and b)
h. All refuse to be collected must be placed not more than 100 feet
from property line abutting the main street. All rubbish such
as yard clippings and bulky items must be placed at curb in
suitable containers. (Sec, 13)
i. All disposal of refuse must be by methods in accordance with
requirements of state and local law, arid must include the max-
imum practicable rodent, insect, and nuisance control. (Sec. 14:a)
j. Animal offal and carcasses of dead animals must be burried or
cremated as directed by the responsible authority or must be
rendered at 40 pounds per square inch of steam pressure or
higher, or must be heated by equivalent cooking. (Sec. 14:c)
k. All vehicles must have enclosed bodies, or suitable provisions
for covering the body. Use of a tarpaulin or canvas cover to
enclose-open bodies of collection vehicles may be
permitted when specifically approved. (Sec. 15:a)
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Ic Vehicles must be watertight, metal bodies of easily cleanable
construction, must be cleaned at sufficient frequency to prevent
nuisance or insect-breeding. (Sec. 15:b)
2. Prohibited Activities
a. It shall be unlawful for any person who does not posess an
unrevoked permit to engarre in refuse collection or disposal.
(Sec. 4)
b. It shall be unlawful to place any refuse except as designated
by the terns of thjs oH'r)A'i, , (Sec. 5)
c. It shall be unlawful to <.< r>,:-r... <_ a non-functioning motor vehicles,
appliances, machinery, equiprent or parts thereof upon any
public or private land. (Sec, 10:a)
d. It shall be unlawful to permit refuse, except bulky rubbish, to
accumulate on any premises except in approved containers. (Sec.
10:e)
e. It shall be unlawful to tamper with, remove covers, overturn,
or otherwise danage receptacles or create litter or health
problems. (Sec. 10:g)
f. It shall be unlawful to burn at any public disposal site.
(Sec. 13:b)
V. ENFORCEMENT
1. Requirements for Permits
a. Any person who wants to engage in rcfusf collect-' T. or disposal
must possess an unrevoked oermit from the responsible authority.
(Sec. 4 :a)
b« A permit issued under this ordinance shall expire on the last
day of each fiscal year and may be renewable annually. (Sec. 4:d)
c. It is unlawful to transfer permits from one person to another.
(Sec. 4:e)
2.. Inspection
The responsible authority has the power to enter at reasonable
times upon private or public property for the purpose of in-
specting and investigating conditions relating to the enforcement
of the provisions of this ordinance. (Sec. 7)
3. Liability for Violations
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The responsible authority may suspend or revoke permits if an
order is issued and corrective action has not been taken within
the time specified in the notice. (Sec. 6:c)
4. Administrative Proceedings
a. Any person whose application for a permit has been denied may
request a hearing. (Sec. 4:c)
b. Any person who is affected by any notice issued in connection
with the enforcement of any provision of this ordianance may
request, and shall be granted, a hearing. Such person must
file a written petition requesting such hearing within 10 days
after the day the notice was served. At such hearings, the
petitioner must be given an opportunity to be heard. The hearing
must be commenced not later than 10 days after the day on xvhich
the petition was filed. (Sec. 6:b)
5. Penalties
Any person who violates any provision of this ordinance, upon
conviction, shall be punished by a fine of not less than
$ or, by imprisonment for not less than days nor more
than days. (Sec. 16)
6. Injunctive Powers
Whenever an emergency exists involving a serious health hazard,
the responsible authority may, without notice or hearing, issue
a written order reciting the conditions violating this ordinance
which require corrective action to remove such health hazard.
If such corrective action is not taken, the responsible authority
may take such action as may be necessary to protect the public
health. (Sec. 6:e)
ua550
376
flUS GOVERNMENT PRINTING OFFICE 1972 484-484/183 1-3
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