Suggested Solid Waste Management
           Ordinance
               for
        Local Government
              March 1974

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      SUGGESTED SOLID WASTE MANAGEMENT ORDINANCE

                  FOR LOCAL GOVERNMENT
     This document (SW-73d) was completed under grant S802768-01-1
          for the Office of Solid Waste Management Programs
by the NA TIONAL ASSOCIA TION OF COUNTIES RESEARCH FOUNDA TION
          U. S. ENVIRONMENTAL PROTECTION AGENCY
                           1974

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This report has been reviewed by the U.S. Environmental Protection Agency.  Its
publication does not signify that the contents necessarily reflect the views and poli-
cies of the U.S. Environmental Protection Agency, nor does mention of commer-
cial products  constitute  endorsement or  recommendation  for  use  by the U.S.
Government.
An environmental protection publication  (SW-73d) in the solid waste  man-
agement series.

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                                Foreword
   This suggested ordinance for local government usage was compiled from many sources
and consists of the best sections, in the opinion of the writer, of over 100 ordinances
reviewed.  It should be enacted only after careful consideration of local conditions and
existing state and local constitutional and statuatory requirements.
   This ordinance is applicable to any local political subdivisions and could be used, with
modifications, in a multijurisdictional area.
   The ordinance has been prepared for guidance under the authorities of Sec 209 (b) (1)
of the Solid Waste  Disposal Act, as amended.  Many sections will not be applicable to
particular situations. These, of course, should be deleted. Applicable sections should be
revised, renumbered and/or otherwise modified to conform to local practices.
   The assembly of this document was initiated under contract PH-86-27-290, between
the National Association of Counties Research Foundation and The Public Health Service
of Department of Health, Education and Welfare, and completed under grant S802768-
01-1,  between National Association of Counties Research Foundation and the Office of
Solid  Waste Management  Programs of the  U. S.  Environmental Protection  Agency.

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                                   Table  Of  Contents

SUBJECT                                                                                        PAGE

 1.  Short Title	   1
 2.  Declaration of Policy  	   1
 3.  Definitions   	   1
 4.  Administrative Department	   3
 5.  Enforcement Agency	   3
 6.  Powers and Duties of the Administrative Department	   3
    6.01 Solid Waste Management Plan	   3
    6.02 Solid Waste Management System	   4
    6.03 Rules and Regulations	   4
    6.04 Permits	   4
    6.05 Bulky Waste Collection  	   6
    6.06 Dead Animals	   6
    6.07 Contracts  	   6
    6.08 Solid Waste Management Districts  	   6
    6.09 Private Contractor Regulation	   7
    6.10 Service Charges, Non-Residential Solid Waste	   7
    6.11 Exclusive Service	   7
 7.  Permits for the Management of Solid Waste	   7
    7.01 Permit for the Storage, Transport, Processing and Disposal of Solid Waste by the Generator thereof	7
    7.02 Storage Permit  	   8
    7.03 Permit for Solid Waste Collection  	   8
    7.04 Permit to Locate and  Operate a Transfer Station	   9
    7.05 Permit to Transport Solid Waste 	10
    7.06 Permit to Locate and  Operate an Incinerator	10
    7.07 Permit to Locate and  Operate a Sanitary Landfill  	10
    7.08 Permit to Locate and  Operate a Resource Recovery Facility  	11
    7.09 Permits to Issue	11
    7.10 Permits Denial  	12
    7.11 Permit Number, Display	12
 8.  Powers and Duties of the Enforcement Agency	12
    8.01 Rules and Regulations	12
    8.02 Inspections   	12
    8.03 Notices	12
    8.04 Citations	13
    8.04.1 Hearings	13
    8.04.2 Opinion  	14
    8.05 Injunction	14
 9.  Solid Waste Management Advisory Board	14
    9.01 Appointment  	14
    9.02 Terms  	14
    9.03 Organization-Meetings	14
    9.04 Duties  	15
10.  Time and Frequency of Collection	15
    10.01 Residential	15
    10.02 Non-Residential	15
11.  Storage	15
    11.01 Residential	15
    11.02 Non-Residential	16
12.  Containers	16
    12.01 Sanitation   	16
    12.02 Defective Containers	16
    12,03 Residential Container Location Prior to Collection	16
13.  Non-Containerized Waste  	16

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14. Bulky Waste	17
15. Dead Animals	17
16. Collection - Residential   	17
17. Fees  	17
    17.01  Establishment and Payment	17
    17.02 Delinquency	18
    17.03 Collection   	18
    17.04 Uncollected  	18
    17.05 Increase   	18
    17.06 Hearings	18
18. Insurance   	19
    18.01  Performance Bonds	19
    18.02 Payment Bonds	19
    18.03 Liability Insurance  	19
19. Permit Renewal	19
20. Permit Fees  	19
21. Appeals   	20
22. Appeals, Alternative 	20
23. Computation of Time  	20
24. Title to Waste	21
25. Prohibited Activities	21
    25.01  Dead Animals	21
    25.02 Littering	21
    25.03 Acts Contrary to Ordinance  	21
    25.04 Vehicle Construction	21
    25.05 No Interference with Authorized Solid Waste Management	21
    25.06 Scavenging Prohibited  	22
    25.07 False Information	22
    25.08 Dumps Prohibited	22
    25.09 Burning Prohibited	22
    25.10 Animal Feeding	22
    25.11 Illegal Use of Permit Number  	22
    25.12 Hazardous Waste   	22
26. Penalties	22
27. Repealer	23
28. Savings Clause	23
29. Severability Clause	23
30. Effective Date	23

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                        Suggested Solid Waste Management Ordinance for Local Government

   An Ordinance authorizing and directing the planning, establishment, maintenance and operation of a comprehensive
 solid waste management system; the  establishment and enforcement of necessary and  proper regulations  for the
 management of solid waste; the establishment and collection of residential solid waste management service charges; and
 for other purposes.

      COMMENT:  The preamble is a  means of indicating legislative intent, or  the problems  which led to the
   enactment of the law. It is not a part of the law itself.

                                                \. Short Title

   This ordinance shall be known any may be cited as the Solid Waste Management  Ordinance of (	).
      COMMENT: This ordinance would be applicable to any political subdivision of the State and could be used,
   with modification, in a multi-jurisdictional agency where appropriate legislative authority has been given.


                                          2. Declaration of Policy

   It is hereby declared to be the purpose of this ordinance to regulate the storage, collection,  transport, processing,
 recovery, and disposal of solid waste  in order to protect the public safety, health, and welfare and to enhance the
 environment of the people of (	).

      COMMENT: This is the official expression of the intent of the legislative body enacting the ordinance. A court
   interpreting the ordinance, in whole or in part, would be obligated to arrive at the intent of the legislature, in this
   case, the protection of public safety, health, and welfare, and environment.

                                                3.  Definitions

   For the purposes of this ordinance, the following words and phrases shall have the meaning given herein unless their
 use in the text of the ordinance clearly  demonstrates a different meaning.
   Abandoned  Vehicle — A vehicle that applicable State laws deem to have been abandoned.
   Administrative Department —  The Department of this municipality charged with the administrative management of
 this ordinance.
   Agricultural Solid Waste  — The solid  waste  that results from the rearing and  slaughtering of  animals and the
 processing of animal products and orchard and field crops.
   Bulky Waste — Items whose large size precludes or complicates their handling by normal  collection, processing, or
 disposal methods.
   Collection — The  act of removing solid waste from the central storage point at the source of generation.
   Commercial Solid Waste  - Solid waste generated by stores, offices,  and other activities that do not actually turn out
 a product.
   Commissioner —  The  duly qualified and appointed person in charge of the Agency which  is responsible for the
 enforcement of those aspects of this ordinance related to the protection  of the public safety, health, welfare, and
 environment.
   Dead Animals - Animals that have died from any cause except those slaughtered for human consumption.
   Director —  The  duly qualified  and appointed person in charge, of the department which is responsible for the
 administrative management of this ordinance.
   Disposal - The orderly process of discarding useless or unwanted material.
   Dump — A land site where solid waste is disposed of in a manner that does not protect the environment.
   Enforcement Agency —  The Agency of this municipality charged with the enforcement of those aspects of this
 ordinance related to  the protection of the public safety, health, welfare and environment.
   Generation — The act or process of producing solid  waste.
   Hazardous Waste -  Those wastes such as toxic, radioactive or pathogenic substances which require special handling
jtoi avoid illness  or injury to persons or damage to property.

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   Incineration — The controlled process by which solid, liquid, or gaseous combustible waste are burned and changed
into gases, and the residue produced contains little or no combustible material.
   Industrial Solid Waste — Solid waste that results from industrial processes and manufacturing.
   Institutional Solid Waste - Solid waste originating from educational, health care, and research facilities.
   Local Government - A public corporation, created by Government for political purposes, and having subordinate
and local powers of legislation: e.g., a county, town, city, etc., or combination thereof.
   Natural Resources — Materials which have useful physical or chemical properties which exist, unused, in nature.
   Non-Residential Solid Waste — Solid waste from agricultural, commercial, industrial, or institutional activities or a
building or group of buildings consisting of five or more dwelling units.
   Incinerator — An engineered apparatus used to burn waste substances and in which all the factors of combustion —
temperature, retention time, turbulence, and combustion air — can be controlled.
   Person - Any  individual, partnership, co-partnership,  firm,  company, public or private corporation, association,
joint stock ^company, trust, estate or any other legal representative, agent or assigns.
   Pollution — The condition caused by the presence in the environment of substances of such character and in such
quantities that the quality of the environment is impaired or rendered offensive to life.
   Processing —Any method, system, or other treatment designed to change the physical form  or chemical content of
solid waste.
   Recovered  Resources — Materials  which still have useful physical or chemical  properties after serving a  specific
purpose and can, therefore, be reused or recycled for the same or other purposes.
   Recovery  —  The  process  of obtaining  material  or energy resources  from solid  waste. Synonyms:  extraction,
reclamation, salvage.
   Energy Recovery — The obtaining of energy available from the heat generated when solid waste is incinerated.
   Recycling — The process by which recovered resources are transformed into new products in  such a manner that the
original products lose their identity,
   Rendering  —  A process of recovering fatty  substances  from animal  parts by heat  treatment, extraction, and
distillation.
   Residential Solid Waste - All solid waste that normally originates in a residential  environment.  This definition is
applicable to the solid waste from a building of four or less separate units.
   Reprocessing - The action of changing the condition of a secondary material.
   Reuse —  the  reintroduction  of a  commodity  into  an  economic  stream without  any  change in its  physical
characteristics.
   Salvage — The utilization of waste materials.
   Salvaging — The controlled removal of waste materials for utilization.
   Sanitary Landfill - A site where solid waste is disposed using sanitary landfilling techniques.
   Sanitary Landfilling  — An engineered  method of disposing  of solid waste  on  land in a manner  that protects the
environment by spreading the waste in thin layers, compacting it to the smallest practical volume, and covering it with
soil by the  end of each working day.
   Scavenging - The uncontrolled removal of materials at any point in solid waste management.
   Scrap — Discarded or  rejected  material or parts of material that result from manufacturing operations  and are
suitable for reprocessing or recycling.
   Home Scrap — Scrap that never leaves the manufacturing operation and is routinely reprocessed. (Also referred to as
revert scrap, millbroke, or turn-around scrap).
   (Prompt) Industrial Scrap — Scrap that is generated during the manufacture of a product.
   Secondary Material - A material that is utilized in place of a primary or raw material in manufacturing a product.
   Separation — The systematic division of solid waste into designated components.
   Solid Waste — Useless, unwanted, or discarded material with insufficient liquid content to be free flowing.
   Solid Waste Management - The purposeful, systematic control of the  generation, storage, collection, transport,
separation, processing, recovery and disposal of solid waste.
   Storage  -  The interim containment of solid waste, in  an  approved manner, after generation and prior  to ultimate
disposal.
    Transport — The movement of solid waste subsequent to collection.
    Transfer Station — A site at which solid waste is concentrated after collection and before processing or disposal.

      COMMENT: Definitions  are important to clarify the  meaning of terms which  are not  self-explanatory. A
   definition section  is  an integral part of a solid waste management ordinance.  This section  is important to the

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   administration and interpretation of the ordinance. Unduly restrictive or vague definitions should be avoided.
   Another purpose of a section of definitions is to assist anyone interpreting the ordinance or section, in arriving at
   legislative intent. In  the absence of definitions, the ordinary meaning of the language under scrutiny would be
   used.  State  legislation  will control collection,  storage and disposal of abandoned vehicles including their
   definition, and must be the source of local authority for action. Some States have recently enacted enabling
   legislation for municipal action in this field.

                                       4. Administrative Department

   The Department of (	) shall be responsible for the administrative management of this ordinance
and the rules and regulations authorized in Section 6.03.

      COMMENT: Solid Waste Management is normally the responsibility of the Department of Public Works, or a
   similar agency, which may be headed by an executive called the Director. Depending upon the local government
   organization or the services to be rendered, the responsibility for solid waste management may be assigned to an
   organizational unit within the Department of Public Works, or may be a separate function of local government.
      There are advantages and disadvantages to having a separate organizational unit. The advantages include a
   separate budget,  more  visibility to the public and elected officials, total attention devoted  to the problem, no
   sharing of equipment and personnel, direct responsibility to the elected officials, and a higher priority status. The
   disadvantages include further fragmentation of local government, lack of coordination with related programs and
   duplication of certain types of personnel I e.g.  budget, research, accounting).

                                          5.  Enforcement Agency

   The (	) Agency shall be responsible for the enforcement of those aspects related to the protection
of  the  public safety, health, welfare, and environment of this ordinance and the rules and regulations authorized in
Section 8.01.

      COMMENT:  This is  a responsibility that may be assigned to  the agency in charge of health related activity,
   usually the Department or Board of Health, under  the direction of a Commissioner.  The  trend at the State level
   and in large population areas is to  create a separate agency charged  with the  responsibility of environmental
   protection.  The development and enforcement of rules and regulations pertaining to safety,  health, welfare and
   the environment would  be a function of that agency.
      Administrative management and enforcement responsibility may be combined in one agency where permitted
   by law.

                         6. Powers and Duties of the Administrative Department

   6.01 Solid  Waste Management  Plan.  The Director, in co-operation with  the  Commissioner or the Enforcement
Agency,  and with the advice  of the Solid Waste Advisory Board,  shall survey the solid waste  management practices
within the locality and prepare a Solid Waste Management Plan to be compatible with the State plan,  showing therein
all present management activities  and recommended management  activities for future use,  taking into consideration
population growth,  solid  waste generation, land development regulations and overall  system management  including
organizational, financing, and regulatory capabilities. The plan shall consider the qualitative  and quantitative increases
in the solid  waste expected to be  generated within the area governed from  residential, commercial, industrial,  and
agricultural sources, and shall be submitted to the State for review and approval. The plan developed  should not only
consider  area  wide  approaches, but must be designed  to  be operational and  when  implemented must be  an
environmentally acceptable and economically efficient solid waste management system.

      COMMENT: The primary sources of authority for local government activity are the State  Constitution and
   enabling legislation, which sets  out  the areas where local activity can take place. A further restraint is in State
   laws setting standards which must  be met by all inferior  units  of government. Before any  legislative action is

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   taken, these areas must be studied carefully to assure that it is authorized. Otherwise, the legislation enacted will
   be null and void, which will cause problems, including legal action against the local government.
     The use of the word "shall" in legislation usually imposes a mandatory duty upon the official involved. Here,
   the Director of the Administrative Department has the duty to prepare a plan for solid waste management. In
   cases  where a  discretionary duty  is given by  legislation  "may" is  used.  No time limit is  set  here for
   implementation  because each governing body will have unique problems which must be solved and it will be the
   best judge of any  time restraints, subject to those set forth by the State on the preparation and implementation
   of the Solid Waste Management Plan, which must not conflict with that of any higher authority.
     Although  the  Director  is  responsible for  the Solid  Waste Management Plan,  its  development and
   implementation  must be co-ordinated with all governmental units with a responsibility or interest in solid waste
   management. The plan for solid waste management must serve five functions:  (1) provide a technical and policy
   guideline for effective solid waste management; (2) provide a public-directed framework of standards for solid
   waste management planning and implementation; (3)  provide for an integrated management  system  covering all
   elements from  generation through  disposal either through direct operations or regulated performance; (4)
   establish methods and procedures for translating the plan into system design and direct operations; (5) serve as a
   legislative support document for furthering the improved management of solid waste within the jurisdiction.

   6.02 Solid Waste  Management System. The Director  shall provide for a solid waste management system consistent
with the Solid Waste Management Plan, consisting of storage, collection, transport, processing, separation, recovery, and
disposal through public ownership, or through exclusive agreements with one or  more persons for a part or all of such
solid waste system, or he may,  through the permits in  Sections 6.04 and 7.01 authorize any person to manage the solid
waste which he generates pursuant to the  terms of this  ordinance.

     COMMENT:  In arriving at the decision to use public or private resources, or any combination of the two, local
   government  must  consider such factors as capital investment,  personnel  resources, service to be rendered,
   operating and maintenance costs, and the revenue required to support the solid waste management system.
     In any event, control must always be retained by local government which can be accomplished by the use of
   permits,  the establishment of fees, rules and regulations and the use of inspection powers.
     For example,  the local government could process or dispose of solid waste while the collection  could be
   provided by private enterprise.
     This suggested  ordinance is designed to permit the local government  to select either a public or private solid
   waste management system or combination thereof and still operate within its provisions.

   6.03 Rules and Regulations.  The Director may adopt, revise, revoke and enforce rules and regulations governing the
administration of this ordinance.

     COMMENT:  The authority given here is limited to those rules and regulations applicable to administration and
  does not  include the rules and regulations governing safety, health,  welfare  and environment which are the
   responsibility of the Enforcement Agency.  These rules and regulations must be compatible with state law and
   applicable rules and regulations of the state.

   6.04 Permits. The Director  is hereby authorized  to issue permits for all elements of solid waste management
including alteration of existing facilities or systems. All such permits shall be non-transferable, shall be  for a term of one
year and shall be subject to the fees set forth in Section 20. All permits so issued shall be conditioned upon observance
of the laws of this State, the ordinances of this governing body and the rules and regulations authorized herein.

     COMMENT:  Permits  are needed  even in a publicly  operated solid waste management system. By  their use,
   regulation is achieved from identification of waste at the point of generation through disposal. This ordinance
   provides that all persons,  other than  those storing their own residential solid waste must possess a valid permit for
   each step  through disposal, with issuing authority being vested in the Director of the Administrative Department.
     Permits have a long history of use in the regulation of business or professions. When used in a solid waste
   management system  they identify all persons involved in solid  waste management, the type of waste being
   managed and to control its movement through disposal by approved methods.
      The permits authorized in an ordinance are supplemental to permits required by either State or local law. A

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permit to operate an incinerator would not excuse the holder from receiving clearance from the State Air Quality
Act, as well as the Water Quality Act  where quench  waters are involved. Local building permits and building
codes would be prerequisites to the issuance of the permits authorized here.
   The permits are expressly conditioned  upon observance of all applicable laws and the rules and regulations
authorized herein.  Therefore, failure to observe either would be a valid ground for suspension or revocation. Such
action may be a drastic step, and  should be used only when alternative solid waste management systems or
methods are available. For example, if there is only one sanitary  landfill, revocation of that permit might create
more problems than it solves.
   The Director of the Administrative Department is authorized to prepare application forms which must include
all information required by Section 7, with an omnibus clause to use for any special information required by the
local government.
   Since fraud vitiates a  legal document, a false statement (see Section 25.07)  in the application would be
grounds for revocation. In such case, good judgement would dictate weighing the falsity and, if of a minor nature,
taking no action.
   Since the permit is not transferable,  the purchaser of an activity controlled by a permit would be required to
apply for and receive the authorization prior to continuing the regulated activity.
   There are fields of activity in solid waste management where the number of permits should be limited in order
to insure efficient and economical operation.  In those areas, the Director would have the  right to refuse to
entertain new applications. An illustration  of this is in collection, where the area served will generate sufficient
revenues to attract a limited number of qualified applicants. In other words, if a large number of permit holders
are in a limited area, there will be a  duplication of routes resulting in short cuts in service, which are not
compatible with proper solid waste management.
   The governing body should establish the time period the permit should be in force.  Many localities are on a
one-year time frame corresponding  to the budget period while others have various periods up to five years. In a
smaller locality where little paperwork is involved in renewing permits, one year might be a good time period. For
a large locality with many permits in force the work load may be too great for annual renewal; therefore a longer
interval might be preferred. A permit term of one year is set forth here and would give an added control tool to
the Director,  who could refuse  to renew the permit where a long history of minor substandard performance is
involved.
   Application and permit fees are the rule rather than the exception.  An  application fee would  have to
accompany each application and would aid in meeting administrative costs; therefore it should not be returned. It
will  also determine the sincerity of the applicant.  Application for the renewal of an existing permit need not
require a fee.
   Initial or renewal permit fees should be realistic. A fee which exceeds the  cost of issuance and supervision
should be avoided, as well as one of a nominal amount.  The desirable, figure would be one which would make the
permit system self-supporting.
   The Director should evaluate the information given in each application. In doing this they can inspect physical
facilities to assure compliance  with the applicable  standards and, at the same time, weigh intangibles, such as
personnel qualifications, operational* plan, financial responsibility, etc.
   Once the inspection is completed the Director has open three  courses of action. He can issue the permit; he
can deny the permit, in writing, stating the reasons therein or; he can inform the applicant of the changes needed
to allow the permit to issue.
   Any substantial',alteration\, modification or enlargement must be by permit, a matter which can be covered by
the omnibus clause in each section setting forth application form contents. The same clause can be used for other
needs peculiar to the user municipality, such as performance bonds.
   In any denial of application, the action of the Director must not be arbitrary.
   The rules and regulations for the administration of the ordinance should set out administrative procedures for
the processing of applications,  including  the time  period  between receipt of the application and the  action
authorized in Section 7. The Director should have an interval which will allow a careful review, keeping in mind
that there  will be  other applications and duties which must receive attention. To allow inaction to replace a
positive approval or  disapproval within a time frame  should be  avoided. When an application  is rejected, the
applicant has the right to utilize the appeals procedures set forth in Section 21.

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   6.05 Bulky Waste Collection. The Director shall establish the necessary procedures to collect and dispose of bulky
waste from residential units within this locality.

      COMMENT: Bulky Waste is defined in Section 3 and would include any solid waste which could not be picked
   up during routine collection. If a packer truck is used, the size of the opening would be the limit on bulky waste.
   The usual bulky waste would include "white goods," that is stoves, refrigerators or washers, or such items as
   furniture or hot water tanks. Interior storage prior to pick-up  is needed to avoid unsightly accumulations at
   residences.  The size  of the locality will  determine schedule. A small locality could make one collection per
   month, with larger localities needing a more sophisticated approach. The owner of such waste  items in a small
   locality would not be prohibited from taking bulky items to an  approved processing or disposal facility. Under
   the powers in Section 6.02 this could be either a public operation or it could be done by contract.

   6.06 Dead Animals. The Director shall provide the necessary equipment and personnel to remove dead animals
within this locality and shall schedule such collections to provide pick-up with a minimum delay. This Section shall not
apply to dead animals, or parts thereof, from  any commercial or agricultural activity within this locality.

      COMMENT: This Section is designed to provide the sanitary collection and disposal of dead animals within the
   locality and to prevent the use of normal solid waste collection  service for dead animal disposition. Such service
   would include animals killed in traffic. Disposal would be through existing facilities,  such as an incinerator or a
   sanitary landfill.

   6.07 Contracts. All contracts entered into by the Director  under this ordinance shall meet the following minimum
requirements:
   a.  Be with the  consent of the Legislative Body of this locality.
   b.  Prior approval of the chief legal officer of this locality.
   c.  Be for a term of not less than	years, nor more than	years.
   d.  Meet the insurance requirements of this ordinance.
   e.  Be awarded  to the lowest and best bidder.
   f.  Show  full details of  ownership of the successful bidder, including the names and addresses  of all principals, or
   officers and majority stockholders, if a corporation.
   g.  Such other conditions as may  be set forth in instructions to bidders  or other necessary qualifications, as required
   by the contemplated work.

      COMMENT: All contracts entered  into by the Director of the Administrative Department shall be with the
   consent of the local governing body. It should be approved by the chief legal officer, who will have been active in
   its drafting. A contract for a  one-year period  will  be  too  short to attract  bidders where large  financial
   commitments for facilities and equipment are involved. Present economic  conditions do not encourage a  long
   term contract unless it contains provisions for adjustment  to meet increased costs brought about by inflation. In
   drafting such clauses  it should be kept in mind  that changes in techniques may result in lower costs; therefore, a
   change in the contract prices should include this factor,  which can also be invoked in a deflationary period.
      Insurance bonds are required by Section  18 and are limited to performance and payment bonds and liability
   insurance. The payment bond would  include premium liability and equipment liability. In those States where
   private insurance  companies handle  workmen's  compensation, that requirement would be  included in  the
   ordinance.
      Price alone is not a goodcrite.rionfor the award of a contract since high standards  may be expensive. Another
   factor to be considered is that the lowest bidder may be forced to reduce services in order to make a profit.

   6.08  Solid Waste  Management Districts. The  Director  is hereby  authorized to create one or more solid waste
management districts within the boundaries of this locality in order 
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     Regulation, through permits,  of the optimum number of private persons will eliminate inefficiency, such as
   duplication of routes.

   6.09 Private Contractor Regulation. The Director shall determine the number of contractors needed to efficiently
serve the locality or all districts created under Section 6.08 and shall issue permits to the contractor or contractors who
are found to be  qualified until the needs of the locality are met. Nothing in this ordinance shall prevent one contractor
from serving the  locality or all districts created under Section 6.08.

     COMMENT: This will give the Director the needed authority to exercise control over private contractors who
   are  managing solid  waste  within the locality. The goal to be achieved is efficient and economical service to all
   generators of solid waste and it may be achieved through the use of one or more contractors. This section would
   also allow the use of one  or more contractors for collection and one or more contractors for disposal, or both
   collection and disposal could be  combined under one contract. If the system used involves other activity, such as
   processing or resource recovery, that could be included in each district authorized by this section.

   6.10 Service  Charges,  Non-Residential Solid Waste. The Director shall not  set or regulate  any service charges for
non-residential waste management by private contractors.

     COMMENT: This section  is directed to contractors serving non-residential solid waste sources, who are left
   free to negotiate for the fees charged their customers. This section would not be used in any area where a local
   government monopolizes solid waste management. This suggested ordinance is designed for use in a locality where
   non-residential solid waste may be managed by private industry under the control of local government;  therefore,
   all non-residential waste is classified as commercial. A building or group of buildings consisting of five or more
   dwelling units is classified as a commercial enterprise and will not be served as a part of the residential solid waste
   management system. If solid waste management is regulated as a utility, this section would not apply.

   6.11 Exclusive  Service. All generators of solid waste,  other than those operating under permits as authorized in
Section 7.01, shall use the services of the local  government or contractor for the district in which the solid waste is
generated.

     COMMENT: The restriction on the number of contractors servicing a district, coupled with the requirement
   that all generators,  residential or otherwise, use the services  of the local  government  or contractor will allow
   economical and efficient service.
     Section 7.01 would exempt non-residential waste generators from this requirement as they would provide for
   their own total solid waste management.  In  such  cases, the applicant would have to meet all the provisions
   regulating the activity of permit  holders and would have to pay such fees as are set for that activity. Renewals, as
   in all other permits,  would be required also.

                                 7.  Permits for the Management of Solid Waste

   7.01 Permit for the Storage, Transport, Processing, and Disposal of Solid  Waste by the Generator thereof. The
Director shall prepare application forms for all such permits, requiring the following information:
   a. The name and address of the applicant, showing its legal identity (corporation, partnership, association, etc.);
   b. The business address of the applicant;
   c. The types of waste to be covered by the permit;
   d. The methods of storage, transport, processing and disposal;
   e. Proof of all insurance required by this ordinance (State financial responsibility limits for motor vehicles, etc);
   f. The route or routes to be used in transporting and schedules used;
   g. The location and type of processing and/or disposal contemplated;,
   h. Information  as required to indicate compliance with the Occupational  Safety  and Health, and Environmental
   Protection Laws of the federal and/or state governments.

   COMMENT: Consideration of safety and the environment are  of prime importance. A permittee should be
   required to indicate what kind of safety measures would be taken in his operations,  and how he intends to

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   comply with the law. Consideration should be given to the preparation of an Environmental Impact Statement by
   the agency; the permittee would be required to respond with measures toward mitigating any impacts.

   7.02 Storage Permit. The Director is hereby authorized to prepare application forms for permits for the storage, on
premises, of all solid waste generated  and retained thereon for more  than  twenty-four  continuous hours. Provided,
however, this section shall not apply to a resident of a building of four or less separate dwelling units. Such application
shall require:
   a. The name and  address of the applicant, showing its legal identity  (individual, partnership, corporation, etc.); and
   the business address of the applicant;
   b. The classification, anticipated volume and weight of all solid waste to be stored;
   c. The location, description and owner of all storage containers and ancillary equipment;
   d. Frequency of collection, processing or disposal, showing all permit numbers thereof;
   e. All other information reasonably required by the Director to fulfill the intent of this  ordinance.

     COMMENT:  Effective solid waste management begins at the  point of generation. Since the act of producing
   solid waste cannot be totally controlled, the first element of management to be placed under a permit is storage.
     The 24-hour time limit is arbitrary and may be varied to suit the solid waste management plan of the local
   government. Such a time limit serves to stimulate the movement of solid waste between the point of storage and
   further management.
     The applicability of this  section of 5 or more residences generally is the  division between residential and
   commercial activities. Efficient storage at such facilities would result in the use of bulk containers which must be
   controlled.
     The exemption of normal  household waste from a building of four  or  less dwelling units  can be used to
   prevent the accumulation of waste such as inoperative vehicles and bulky waste on such premises.
     As part of the  solid  waste management plan, the Director will classify  the waste by its component parts. The
   sophistication of classification will depend upon the activity conducted within the locality.  Estimated volume and
   weight are necessary for comprehensive management of all solid waste from the locality.
     The requirement of the location of storage containers will allow pre-permit inspection. If exterior locations are
   involved, sanitation and aesthetics must be evaluated. If interior locations are involved, fire hazards must also be
   considered. In  describing the  containers the applicant need only specify the number and type, such as bulk
   container or plastic bags. Auxiliary equipment,  such as compactors, shredders and balers should be  listed by
   manufacturer, model number and the operational plan for each.
     The requirements of subsection (d) will enable the Director to evaluate adequacy of present collection
   practices and to cross-check other activity requiring a permit.
     The omnibus provisions of (e) can be utilized to obtain compliance with the health, safety and environmental
   requirements of the local governing body.

   7.03 Permit for Solid Waste  Collection.  The Director shall prepare application  forms for all such permits, requiring
the following information:
   a. Name and address of the applicant, showing its legal identity (individual, partnership, corporation, etc.);
   b. The business address of the applicant;
   c. The identity of the non-residential customers using the collection service and all storage permit numbers of same;
   If residential collection, the area served, hours of collection and type  of collection service to be provided;
   d. The routes used for the movement of solid waste between collection and further management;
   e. An inventory of all motorized equipment to be used in such collection, including all permits required  by law;
   f. Proof of all insurance required by this ordinance. (State Financial responsibility limits for motor vehicles, etc.);
   g. All other information reasonably required by the Director to fulfill the intent of this  ordinance.

     COMMENT: This is  another step in  the permit process of identifying and regulating solid waste management.
   It would apply  where private industry is engaged in collection of solid waste, ranging from a contract operation
   for an entire city or county downward to a collector who may serve a particular type of industry.
     The type of waste being collected is important since it will enable intelligent regulation by the enforcing arm
   of the local government. Waste, such as brick, stone and mortar, would need little control, whereas waste from a
   health care facility or food service establishment would require close regulation to minimize health problems.  The

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   identity of the user of the collection system would allow a crosscheck for observances of other requirements of
   the law.
     Supplying the Director with the names of customers will allow an evaluation of the scope of the contract and
   will allow a  crosscheck of storage permits. It would be impractical to list all residential users of a collection
   service  but the area served should be described so that maximum efficiency and economy can be obtained
   through the authority to limit the number of contractors in a given area. Existing contracts would not be affected
   but could be controlled by permit issuances as contracts expire.
     Any contractor will have a plan of operation,  including routes, which  will enable the Director to see that
   collection  will not interfere with core area traffic and to prevent heavy traffic on residential streets. The type of
   service  would range from curbside bags to taking the filled container to the collection  vehicle and returning the
   empty container to its proper location.
     Once a collection  vehicle has been filled, the Director should know the route or routes to be used in further
   management, such as delivery to a transfer station, an incinerator, a recovery station or a disposal site,  thereby
   providing another tool in planning solid waste management, such as alternative routes to provide efficient traffic
   flow and the location needs for transfer stations.
     The equipment inventory  will enable the  Director to  evaluate  the  ability of the applicant to fulfill his
   commitments as outlined to this point. Authority under this ordinance does not excuse compliance with state or
   other licensing laws or permits, such as a public utilities commission.
     Insurance requirements are twofold in nature; protection of property and person and protection of the local
   government.  The  former is achieved through liability policies, including those on motor vehicles and the latter
   through performance bonds.
     The last  subsection could be used  to require the  applicant to file copies of existing contracts  so  that
   overlapping contracts can be eliminated.

   7.04 Permit  to  Locate and Operate a Transfer Station. The Director is hereby authorized  to prepare application
forms  for permits to locate and operate transfer  stations in this locality  when applicable, requiring the following
information.
   a. The name and business address of the applicant;
   b. A full  legal description of each site, including the name and address of each owner of record. If not owned by the
   applicant, documentary proof of the right to use each site, with appropriate site plans;
   c. Clear evidence  of approval by all other regulatory agencies;
   d. Operational plan including classification, anticipated  volume and weights of solid waste, hours of operation, and
   resource recovery  activity or potential;
   e. Applicable permit numbers of persons using each facility;
   f. Inventory of all fixed equipment;
   g. The method or methods of transporting  the  solid waste from  the transfer station for further management, the
   destination, route,  and identity of the carriers involved;
   h. Certificates of all insurance required by this ordinance;
   i. All other information reasonably required  by the Director to fulfill the intent of this ordinance.

     COMMENT: Generally, two factors determine the use of transfer stations. Volume and distance to  the next
   step of management  make it inefficient and uneconomical to use collection vehicles. There may be circumstances
   peculiar to a locality where a factor or factors other than distance make a transfer station desirable. The need for
   transfer stations is a matter which  will be resolved in the planning stage authorized in Section 6.01.
      The legal description will locate the site.  Ownership need not be in the applicant,  who may  have leased the
   premise or who may have an option to buy or lease the property. The details of the site plans would depend upon
   the  requirements  of other regulatory  bodies, which would include approval by a zoning board. As mentioned
   earlier, the user of this ordinance should look  to State statutes for his authority to act. Permit numbers of users
   can be used by the authorities as a cross-check for full compliance with the ordinance. Fixed equipment, such as a
   compactor or scales,  would be used to evaluate the performance of the unit. Movement from the transfer station
   may be by truck, barge or railhaul and  must have the capacity to  assure prompt movement from the  transfer
   station.
     If the  user wishes  to include alteration modification of a transfer station such requirements could be under the
   omnibus section.

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     Sanitation, including periodic removal of all solid waste for cleaning the facility, would be set out in the rules
   and regulations of the enforcement agency.

   7.05 Permit to Transport Solid Waste. The Director is hereby authorized to prepare  application forms to transport
solid waste, originating in this locality, by any method not covered by any other provision of this ordinance, requiring
the following information:
   a. The name and business address of the applicant (individual, partnership, corporation).
   b. The methods of transport, unit volume, schedule of movement routes used and the identity of the persons in the
   next management step.
   c. All other information reasonably required by the Director to fulfill the intent of this ordinance.

     COMMENT: The primary thrust of this section is devoted to the movement of solid waste other than by the
   collection vehicle.  This  would  include  movement  from  the  transfer  station,  residue for incinerators  or
   nonrecoverable  residue from  resource  recovery activities.  When  a contract operation ! is  involved  a  local
   government  may regulate transportation beyond its borders. In a railhaul situation the contract could require the
   right of way to be kept free of solid waste spillage.

   7.06 Permit to Locate and  Operate an Incinerator. The Director is hereby authorized to  prepare application forms
for permits to locate  and operate incinerators or to operate existing incinerators in this locality, requiring the following
information:
   a. The name and address "of the applicant, showing its legal identity (individual, partnership,  corporation, etc.);
   b. The business address of the applicant;
   c. A full legal description of each site, including the name and address of each owner of record. If not owned by the
   applicant, documentary proof of the right to use the  site, with the appropriate site plans;
   d. Clear evidence of approval by all other regulatory  agencies;
   e. Operational plan,  including classification, anticipated volume and weight  of solid waste  to be incinerated, hours
   of operation, anticipated volume and weight of residue, and resource recovery activity;
   f. The method of transporting the residue from the incinerator, the destination and identity of the carriers involved;
   g. Certificates of all insurance required by this ordinance;
   h. All other information reasonably required by the Director to fulfill the intent of this ordinance.

     COMMENT: Under the  definitions in  Section 3,  this section regulates all solid waste incineration within the
   locality, including backyard burners and on site activity  by businesses,  therefore each  user must have the prior
   approval of air pollution control authority before the permit will be issued. The two positive steps authorized are
   in resource recovery activity and residue disposal.
     The  user of  this  suggested ordinance may  wish to include design and performance standards  for the
   incineration process and the handling of waste, including the residue, in all facilities constructed after its effective
   date. This could also be required in increasing  the quality of performance of existing facilities.

   7.07 Permit to Locate and Operate a Sanitary Landfill. The Director is hereby authorized to prepare  application
forms for permits to locate and operate a sanitary landfill in this locality, requiring the following information:
   a. The name and address of the applicant, showing its legal identity (individual, partnership, corporation, etc.);
   b. The business address of the applicant.
   c.  A  full legal description  of each  site,  including the name and address  of each owner of record.If not owned by
   the  applicant, documentary proof of the right to the site, with the site plans which conform to the requirements of
   this ordinance.
   d. Clear evidence of approval by all other regulatory agencies.
   e. The engineering design report, prepared by an engineer licensed to practice that profession in this State, including
   but not limited to  the following:
      1.  Hydrology and climatology
     2.  Soils and geology
     3.  Site improvements
     4.  Volume requirements
     5.  Control of leaching and gas movement
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      6. Surface and groundwater protection
      7. Completed use
      8. Location of residences and structures
      9. Access streets, roads and highways
   f.  Operational plan which shall include, but not be limited to:
      1. Hours of operation
      2. Classification of waste
      3. Anticipated volume and weight of waste
      4. Hazardous waste handling
      5. Equipment to be utilized
      6. Landfilling methods
      7. Availability of cover material
      8. Anticipated life of the site
   g.  All other information reasonably required by the Director to fulfill the intent of this ordinance.

      COMMENT: In designing the permit form, the user will have to act within the constraints of applicable State
   law and the rules and regulations authorized therein. Thorough planning and the application of sound engineering
   principles  to  all stages  of site selection,  design, operation and completed use will result  in a successful and
   efficient sanitary landfill. In order to  meet this objective, it is essential that the rules  and regulations be
   comprehensive so that the director can evaluate the applicant's design and operation plans.

   7.08 Permit to Locate and Operate a Resource Recovery  Facility. The Director is hereby authorized to prepare
application forms for permits to locate and operate facilities to recover material or energy resources from solid waste
within the locality, requiring the following information:
   a.  The name and business of the applicant;
   b.  Clear evidence of approval by all other regulatory agencies;
   c.  A full legal description of each site, including the owner of record or, if non-owned, documentary proof of the
   right to each site, with appropriate site plans;
   d.  An operational  plan,  including the classification, volume and weight of solid waste to be delivered, the materials
   to  be recovered, anticipated volume  and weight of nonrecoverable residue and hours of operation;
   e.  The method of transporting the residue from the recovery facility, the destination and identity of the carriers
   involved;
   f.  Certificates of all insurance required by this ordinance;
   g.  All other information reasonably required by the Director to fulfill the intent of this ordinance.

      COMMENT: The need to preserve natural resources has  been apparent for some time and has resulted in the
   passage of the Resource Recovery  Act of 1970 (P.L. 91-512). This section is another step in identifying solid
   waste management and is intended to regulate an activity primarily engaged in resource recovery from solid
   waste. It would not apply to  a  paperstock dealer,  can manufacturer,  or similar activities buying recovered
   resources to be recycled or reused.  Nor would  it apply to a retail outlet operated by a  charity, since the stock
   there is donated.
      Two points must be kept in mind by the user of this suggested ordinance. The permits which are authorized in
   Section 7.01 to 7.08 will not excuse requirements of other regulatory  bodies within the locality or higher level
   within the State. All permit provisions here would apply to both public and private activity, therefore  those users
   who want a public activity excluded must do so.

   7.09 Permits  to Issue. If the  application for any permit required herein shows that the  applicant will perform the
services or  operate  the facility,  or both,  for which the permit is sought, in conformity with the laws of this State,
locality and the provisions of this ordinance, including all rules  and regulations authorized herein, the permit or permits
shall issue. If, in the opinion of  the Director of the Administrative Department, modifications can be made which will
bring  the application within  the intent and purpose of this ordinance, he shall notify the  applicant or  applicants, in
writing, setting forth the corrections to be made and the  time in which such corrections shall be completed.

      COMMENT: In all instances where all legal requirements  are met, the Director  is obligated to issue the permits
   for which application is  made. If  there are corrections which would bring about full compliance then this should


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   be brought to the attention of the applicant and a specific time limit set for compliance. The desirable course to
   follow here would be one which  would encourage applicants to upgrade their application to meet the standards
   set out in  the ordinance. The time limit should be realistic. No provision has been made for an extension of the
   original time period because  this  could lead to procrastination. No permit should be issued until full compliance
   has been assured.

   7.10 Permits, Denial. If the applicant fails to make the corrections pursuant to the notice given under Section 7.10
within  the time limit specified therein, or, if the application does not clearly show that the applicant will render services
or operate the facility without health hazard or adverse effects on the environment, the application shall be denied and
the applicant notified, in writing, stating therein the reasons for the denial. Nothing in this section shall prevent any
applicant from reapplying after the rejection of his application, provided the requirements of this ordinance are met.

     COMMENT: The intent of the ordinance includes the identity of all solid waste sources and assurance that
   total management will enhance the environment and protect the health, safety and welfare of the inhabitants,
   therefore an application which does not  assure full  compliance with those requirements must be denied, even
   though it may eliminate a  business.  Few businesses will refuse to meet any reasonable requirement and will be in
   a position  to find other successful applicants for temporary waste management.

   7.11 Permit Number, Display. All motor vehicles operating under any permit required by this ordinance shall display
the permit number or numbers on  each side, in colors which contrast with that of the vehicle, such numbers to be
clearly legible and not less than 12 inches high.

     COMMENT: This section will enable the enforcement  agency to  check on all motor vehicles used  in solid
   waste management as a means of enforcing permit requirements and to prevent the unauthorized use of permit
   numbers.

                            8. Powers and Duties of the Enforcement Agency

   8.01 Rules and Regulations.  The enforcement agency shall adopt, revise, revoke and enforce rules and regulations
governing the health, safety, welfare and environmental aspects of solid waste management within this locality. These
rules and regulations must be compatible with state law and applicable state rules and regulations.

     COMMENT:  The success of effective  solid waste management will depend upon the rules and regulations
   authorized here.  The intent is to allow flexibility  in drafting rules by  the enforcement agency rather than having
   legislative  action for this purpose. It is anticipated that some users of this suggested ordinance will also be areas
   where waste  will be managed, but not generated,  therefore a broad authority is given and includes  storage,
   collection, transport, transfer, processing, recovery, and disposal.

   8.02 Inspections. In order to insure compliance with the laws of this State, the ordinances of this locality and the
rules and regulations authorized herein, the Enforcement Agency is authorized to inspect at reasonable times, all phases
of solid waste management within this locality.

     COMMENT: As shown  in Section 7, permits are issued conditioned  upon observance of State and local law,
   this ordinance and rules and regulations  authorized by Sections 6.03  and 8.01. Inspection  is the best way to
   insure compliance with all  the above. Conscientious inspection would allow early detection of violations and their
   correction.
     Amendment IV,  United States Constitution provides: "The right of the people to be secure in their persons,
   houses, papers and effects against unreasonable  search and seizures, shall not be violated, but no warrants shall
   issue but  upon probable cause,  supported by oath or affirmation, and particularly describing  the place to  be
   searched, and the person or thing to be seized. "All State Constitutions have the same provision in some form. In
   the event of a refusal of entry, a search warrant will be the source of entry.

   8.03 Notices. In all instances where such inspections reveal violations  of this  ordinance, the rules and  regulations
governing solid waste management, or the laws of this State, the Enforcement Agency shall issue written notice for each
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such violation, stating therein the violation or violations found, the  date and time of such violation and the corrective
measures to be taken, together with the time in which such corrections shall be made. All such notices shall be kept in a
clearly marked file and shall be available for public inspection.during regular business hours.

      COMMENT: This section is limited to violations found as the  result of inspections and will not apply to any
   littering violations; the latter would fall into the class of law which is generally enforced by the uniformed police.

   8.04 Citations. In all notices involving permit holders where the corrective measures have not been taken within the
time specified, the Enforcement Agency shall cite the violator to appear before the Director of the Administrative
Department provided, however, in those cases where  an extension of time will permit correction and where there is no
public health hazard created by the delay, one extension of time, not  to exceed the original period, may be given.
   In all instances other than Section 12.01 where the inspections authorized in Section 8.02 reveal violations of the
laws of this State, the ordinances of this locality, the rules and regulations in Section 8.01  or when the Enforcement
Agency is aware of any such violation, the violator shall be cited to appear in the	Court at a day and
time shown in the citation.

      COMMENT: This provides a dual enforcement tool. The rules and regulations authorized to the Administrative
   Department governing permit  holders are primarily to ensure economical and  efficient solid waste management.
   Such violations can be handled through appearances before the Director of the Administrative Department. Other
   provisions established by State law, ordinance, or rules and regulations are designed to protect the safety, health,
   welfare, and the environment should carry a heavier penalty for violations. A violator of a rule involving a permit
   holder would be penalized by  a suspension of a permit, or by a revocation. A person operating a disposal facility
   contrary to the ordinance would be cited  to a  formal court,  where  the sentence could be both penal and
   pecuniary.  In  the  case of a defective reusable container (Section 12.01) the only penalty is the loss of the
   unacceptable container.
      The surrounding circumstances  will include  the nature  of the violation,  its duration and whether it was
   intentional or inadvertant. All these must be considered by the Commissioner in deciding what action to take.
     Due process requires that the permittee receives a detailed list of the alleged  violations.  After receiving the list,
   the permittee may decide whether to appeal, correct the violations, or do  nothing.
      The  notice, by  including  the  corrections necessary to  avoid permit  revocation gives  the permittee  the
   opportunity to correct the violations.  Ten days is  a suggested time, and is reasonable for the alleged violator to
   decide if he wants to appeal, and if he so decides, to do so.
      With  the notice, the permittee knows exactly what the alleged violations are and what must be done to correct
   them. The permittee can then make an intelligent  decision as to whether he feels the citation is correct, and thus
   the permittee  will make the  corrections; or  whether he feels the citation is  incorrect,  and he will appeal the
   decision by first requesting a hearing.
      Reasonable time will depend on the nature, extent and number of violations. The time must be sufficient to
   allow the permittee to decide whether to correct the violations or toappeal. If the violations are extensive, the
   Enforcement Agency may extend the deadline for correcting the  violations if the permittee lias commenced the
   corrections, continues  to process satisfactorily, and the  Enforcement Agency is satisfied that the permittee is
   acting in good faith, and no health hazard is present, and will  complete  the corrections as soon as possible.
      If the time limit elapses, and the permittee has  not filed a request for a hearing or corrected the violations (or
   at least begun  corrections and received an extension from the Director) then the permit is  automatically revoked.
   Since the permittee did not request a hearing within provided, he has waived his rights.  Thus the revocation is
   final, and the only possible recourse left to the permittee is the courts.
     After the revocation of the permit, the ex-permittee is liable for  the penalties. The revocation and penalty
   provisions of this ordinance are not mutually exclusive. The Director  has the option of invoking either or both
   provisions.

   8.04.1 Hearings. The Enforcement Agency shall appear, through its authorized personnel, and present its evidence,
through the Chief Legal Officer, of the violations charged. The permit holder cited may appear in person or through his
attorney and may cross-examine the Enforcement Agency witnesses prior to  presenting evidence on his behalf.
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   COMMENT: This is a simplified procedural matter in which the Enforcement Agency is required to bring its
   evidence in support of the charge set forth in the notice. This will allow the cited permit holder an opportunity to
   cross-examine prior to presenting his evidence. The usual administrative hearing will follow judicial procedures
   but will be on a less formal basis.

   8.04.2 Opinion. The Director of the Administrative Department shall decide the issue and shall, within	days
of the conclusion of the hearing, render an opinion in writing, in which opinion he may suspend or revoke the permit or
permits involved in the hearing.

     COMMENT: A realistic time limit should be set, so  that the appeal can be considered prior to the decision. A
   long time interval should be avoided as it would encourage procrastination.

   8.05 Injunction.  In all cases where the violation of this ordinance or the rules and regulations authorized herein, or
the laws of this State  create an  immediate threat to the safety, health, welfare or environment of the residents of this
locality, the Enforcement Agency shall cite the violator, stating therein the necessary corrective measures to be taken,
and shall order same to begin forthwith. If such corrective measures are not taken forth, the Enforcement Agency shall
notify the Chief Legal Officer of this locality who shall immediately apply to the	Court for an injunction
prohibiting further violation as shown in the notice authorized in Section 8.03. The provision of this section shall be in
addition to and not  in substitution of any other section or sections.

      COMMENT: This is intended as an added safeguard where action or inaction may create an immediate threat
   to the safety, health, welfare, or environment of the population. An injunction may be obtained to compel action
   where corrections are not undertaken immediately.  This section would not preclude citation to a court where
   penal and/or pecuniary penalties could be assessed.

                               9. Solid Waste Management Advisory Board

   9.01 Appointment. The majority of the Legislative Body  of  the locality  shall  appoint	residents of this
municipality to  a board, to be known as the  Solid Waste  Management Advisory Board,  and shall fill all  vacancies,
however created. Any such appointee shall serve out the unexpired term of the person who is replaced.

      COMMENT: The use of an odd number is desirable to avoid a tie in voting. The ideal board would be made up
   of a  combination  of professional and lay  people,  drawing upon such professions as  medicine, engineering,
   planning and law. Lay members could come from industry, solid waste management, etc. Both the Director of the
   Administrative Department and the Commissioner of the Enforcement Agency could be made members without
   voting rights. All appointments could be by the Chief Executive with the consent of the Legislative Body.

   9.02 Terms. The Solid Waste Management Advisory Board shall serve for a term of four years, provided, however, in
the initial term, the first	named shall serve for two years, the next	named shall serve  for three years and
the last	named  shall serve for four years.

      COMMENT: The term should correspond with the term of the  appointing body or person where possible. In
   the latter case,  the ordinance  could authorize the executive to  appoint members, with the  consent  of the
   Legislative Body. Staggered initial terms  will avoid a too cooperative board. In  a nine man board, the  first two
   would  serve two years,  the next three named would serve for three years and the last four named would serve
   four years. All terms illustrated are initial.

   9.03 Organization  - Meetings.  The  Advisory Board  shall, within thirty  days after its full appointment, hold a
meeting at which it shall elect its officers and adopt by-laws governing  the conduct of its business. The Board shall meet
not less than one time in each quarter year. The Chief Executive or a majority of the Legislative Body or a quorum of
the board may call an emergency meeting at any time.

      COMMENT:  Once all members of the Advisory Board have been appointed there is a mandatory thirty-day
   period in which  to hold the first meeting. By-laws are  important in that they spell out such terms as a quorum,
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   emergency meeting, etc. Added emergency meetings are provided for on the initiative of the Chief Executive,or a
   majority of the Legislative Body, or a quorum of the Advisory Board.

   9.04 Duties. The Advisory Board:
   a. shall advise the Director in the preparation of the solid waste management plan, including the selection of solid
   waste management sites within this locality.
   b. may review permit application forms and recommend revisions thereof, which shall be consistent with the terms
   of this ordinance.
   c. shall  attend  all hearings called under  this ordinance for the  adoption, revision  or revocation  of rules and
   regulations authorized herein. It may make such recommendations to the Director as are authorized by its by-laws.
   d. shall attend all public hearings called by the Director for establishing or altering rates, charges or fees required by
   this ordinance. It may make such recommendations to the Director as are authorized by its by-laws.
   e. may attend  any hearings  held by the Director regarding  complaints  arising  from the administration of this
   ordinance. The  Advisory  Board may make recommendations to the Director which, in its opinion, would alleviate
   the  cause of such complaints.
   In all such hearings, the Advisory Board shall participate through the Director only and all recommendations shall be
in writing.

     COMMENT:  The Advisory Board is designed to do just what the title implies. It is as valuable as it is permitted
   to be and should represent a  cross section of the locality which it serves.  No  provision has been made for
   compensation so that anyone using the sample would be free to set out their own schedule.  Usually, a board of
   this type will get either a nominal salary for  each day served or the members will be paid all actual expenses
   incurred and paid.

                                   10.  Time and Frequency of Collection

   10.01 Residential. All residential solid waste shall  be collected	times each  week.  No less than	hours
shall lapse between each such collection. All collections shall be made between	a.m. and	p.m.

     COMMENT:  Population density,  waste  generation and season will determine the frequency of collection.
   Dense population and heavy waste generation require frequent collection. Summer months may produce added
   waste in grass clippings, fruit and vegetable wastes, etc. This  section could require two collections per week.
   Minimum collection frequency of twice within 7 days is recognized as disrupting the common house fly life cycle.
   The time of collection is designed to prevent noise  or other annoyances at times when the majority of the
   population will  be resting.

   10.02 Non-Residential. All  non-residential solid  waste shall be  collected at sufficient intervals to  protect  the
environment as set forth in the rules and regulations authorized herein. All such collections shall be scheduled so that
collection vehicles  do not interfere with rush-hour traffic.

     COMMENT:   The  variety of non-residential waste prevents detailed regulation as to frequency of collection.
   Environmental  hazards would be the  main concern here.  Organic wastes  subject to decomposition and vector
   attraction should be removed daily. Other wastes, such as paper from office buildings, need not be collected that
   often. All business area collections should  be set, and efficiency and economy would dictate setting them, at
   times other than the morning and evening rush hours.

                                                 11. Storage

   11.01 Residential. The owners of all  residential units shall provide approved containers with sufficient volume to
store all residential solid waste generated in each such unit  between collections.  All residential  solid waste  shall be
securely stored in an approved container, except as herein  below provided.

     COMMENT:  This provision fixes responsibility for providing an  adequate number of containers with sufficient
   volume for residential waste storage.
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     "Approved containers" are left open for definition by rules and regulations. Such containers could be of the
   conventional size, rustproof,  and durable  material,  with two handles to facilitate emptying, etc., and should
   include durable plastic or paper bags. Bags are particularly valuable during the summer months.  "Securely " would
   require tight closure at all times other than when placing waste in or emptying waste from a container.

   11.02 Non-Residential.  All occupants of non-residential premises shall provide a  sufficient number of approved
containers for the storage  of solid waste which they generate and shall place all such solid waste therein, other than
those wastes which do not require containerized storage which shall be stored as authorized by the rules and regulations
authorized in Section 8.

     COMMENT: In  regulating containers for non-residential solid waste, care must be taken to avoid requiring
   storage of wastes which  can be stored in the open. These two sections illustrate methods affixing responsibility
   to provide approved containers for storage prior to collection and leave to the one responsible there fore, such as
   purchase or lease.

                                               12. Containers

   12.01 Sanitation. The owners of all reusable approved containers shall maintain them and the adjacent area in a
nuisance and odor free condition.

     COMMENT: The  ordinance requires the use of approved containers for all wastes requiring such  storage.
   Routine housekeeping should result  in clean  containers used for storage of solid  waste. This section would be
   available as an enforcement tool for those few who will be careless in their housekeeping and also to institute
   effective insect and rodent control procedures.

   12.02 Defective Containers. All reusable containers incapable of meeting the definition of approved containers shall
be considered waste and shall be placed in the collection vehicle by the collectors.

     COMMENT: Many localities have tried a tag method of control of container condition with little success. The
   usual way  is to use a warning tag, which is attached  to the container. If the container is reused,  then a red tag is
   attached,  informing the homeowner that it is illegal to  use the container  at any  time  after the tag data. The
   system  here simplifies the entire process and is intended to safeguard the collection  crew.  This is a type of action
   which must be properly used in order to maintain resident cooperation.

   12.03 Residential Container Location Prior to Collection. All residential solid waste  containers shall be placed at the
curb (or alley) not more than	hours before collection. All reusable containers shall be removed from the curb (or
alley)	hours after collection.

     COMMENT: This section serves two purposes. It requires set-out by the homeowner and also serves to regulate
   placement of full containers and the removal of empties within a reasonable time so that full containers will be
   less  likely  to  be upset by animals or vandals and empty containers will be  removed promptly by the residents,
   thereby eliminating an unsightly row of cans before each house.
     Set-out and removal by the resident is the most economical process. The availability of funds and distance to
   the  collection point  would determine the  use of this system.  If used, some consideration  must be given the
   handicapped and elderly. Some cities will provide a set-out service for that category. Others may leave it to each
   individual  to  make his own arrangement. If bulk containers are in use  there may be a need for some variation,
   particularly where the collection truck enters the property for pick up.

                                       13. Non-Containerized Waste

   Non-bulky wastes which do not provide food or harborage for insects and rodents may be placed at the curb for
collection provided they are secured to prevent littering and do not exceed	Ibs. in weight.
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     COMMENT: This Section  is sufficiently broad to include such items as newspapers, magazines,   treelimbs,
   etc.  Size would be within limits set by collection trucks.  Weight limits should be set so that the collection crew
   will not be injured in lifting the bundles. Rules and regulations could be used for added detail, if needed.

                                              14. Bulky Waste

   All bulky items shall be stored within the residence of the owner. The Director shall be notified by each resident of
the type and location of items of bulky wastes to be collected and shall make same available for pick-up on the date
schedules by the Director.

     COMMENT: The usualy bulky  items will include "white goods", that is, refrigerators, washers, dryers, etc.,
   and would include furniture, televisions and hot water tanks. "Available for pick-up "would be determined by the
   community and could include carry-out  from within the  residence.  The requirement of storage within the
   residence would keep bulky items out of sight.

                                             15. Dead Animals

   Any resident  who has, or finds, a dead animal on his premises shall promptly notify the Director of its location and
type and shall make such remains immediately available for collection as provided in Section 6.06.

     COMMENT: The purpose here is to prevent the use of the normal collection service for the dispostion of dead
   animals, primarily for sanitation purposes. Rules  and regulations could be used to provide for storage prior to
   pick up. Enclosure in a plastic bag would be an example of such a requirement. Needless to say,  pick up should be
   made as soon as possible after notice is received from the resident by the Director.
     The street department would remove dead animals from the streets.

                                        16. Collection — Residential

   All residential solid waste shall be collected by the locality or the collector under  contract with  the locality.

     COMMENT: This section is for use in local collection as no  other section covers residential collection other
   than the permit requirements for a generator who will dispose of his own waste.
     If private contractors are used  then the contract between the locality and  the contractor would set out in
   detail the duties and rights of the parties. In such case, the permit sections and rate regulation would apply.

                                                  17. Fees

   1 7.01 Establishment and Payment. The Director shall establish  such fees for residential solid waste collection as are
necessary to meet all costs  of operating and maintaining the residential  solid waste management system. All such fees,
including subsequent revisions thereof, shall be paid by the resident  or owner of record of the property served, and shall
be paid to the order of the applicable agency on a quarterly basis, not  more  than  thirty  days after the expiration of
each quarter.

     COMMENT: In establishing fees it is essential that accurate  cost figures be used. Of these  figures, labor and
   equipment will represent the greater percentage, with overhead such as office space,  supervisory salaries, vacation
   and sick pay and retirement benefits being representative of the balance. The quarterly billing system is used as it
   follows most  water supply and waste water billing procedures. These fees could be added to those already in
   force.
     The fees could be paid into the general fund or into a specific account limited to solid waste management.
     If general tax funds are the source of revenue for solid waste management, this section should be eliminated.
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   17.02 Delinquency. All unpaid fees shall become deliquent upon the expiration of the time specified in Section
17.01 and shall bear interest at	% per annum until paid.

     COMMENT: This is a step in the process of forced collection fees for solid waste management.  The fees are
   deemed delinquent after the  expiration of the thirty day period given in the preceding section and collection is
   required in the subsequent action.
     The provision for interest is intended to bring to the attention of the delinquent account the fact that late
   payment adds to the cost of his individual solid waste management and to encourage prompt payment. Current
   lawful interest rates could be  used as a guide here and, in no case, should the legal rate be exceeded.

   17.03 Collection. The Director shall notify the Chief Legal Officer of all delinquent accounts not more than	
days after the end of each quarter and the Chief Legal Officer shall take the necessary action tocollectsame. Each
delinquent account shall be liable to the governing body for court costs and all cost items involved in its collection.

     COMMENT: This section  would allow some time for out of court collection activities within the time limit set
   here. Section 17.01  creates  a delinquency 30 days after the expiration  of a quarter,  thereby automatically
   limiting the time for suit. An additional thirty day period would not be too long to allow the Director to prepare
   his delinquency list. Present terminology places a mandatory duty upon the Chief Legal Officer to collect.
     This provision is the only one in the sample relative to delinquency of payments. Health considerations make
   it mandatory that solid  waste management be continued even  though user fees are not paid. Added provisions
   could be considered, including forced sale of real or personal property.
     Welfare payments may have to be adjusted to include these fees.

   17.04 Uncollected.  All  uncollected fees, after judgement,  shall be placed on record in the locality where  the
property served is located, as any other judgement lien, and shall be released as paid.

     COMMENT: Property owners, as a rule, are a stable and reliable group.  They, in  turn, can protect themselves
   by adding the cost of solid waste management to the rental charge to their tenants.
     There is  usually a debt limitation imposed  on local governmental units which prevents the use of tax fund
   unless the debt limit has not been reached. The use of a fee will prevent restrictions  imposed by the debt ceiling.
     There will be instances where a judgement may be obtained and collection may be delayed or it may be
   impossible. By recording the judgement the possibility of payment will be increased.

   17.05 Increase. No fees authorized in this ordinance shall be increased until the Director has held one public hearing
thereon. No hearing shall be held before  one notice thereof has been published in a newspaper of general circulation
within  this locality. There shall  be not less than	daysnormore than	days lapse between such publication
and hearing.

     COMMENT: As presently states, no hearing would be required in the event that a decrease in fees would be
   possible.
     A notice is required to advise the users of the system and permit holders that a  rate increase is proposed so
   that any interested person  can appear and be heard. The time interval between publication and hearing should be
   of sufficient duration to allow full participation.
     A wide publication of the proposed rate change is desirable. Added media coverage could be used to assure a
   fully informed public.

   17.06 Hearings. The Director  shall preside at  all hearings concerning  fee  increases and shall open and close the
hearing. Any system user or permit holder present and wishing to be heard shall  be recognized by the Director, who
shall give the user or permit holder the opportunity to make a consise statement presenting his views.

     COMMENT: This section  is intended to provide some order to the hearing by authorizing the Director to open
   and close the session. He would also be authorized to recognize those who wish to be heard and to regulate the
   time allocated for a concise statement.
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                                               18. Insurance

  18.01 Performance Bonds. All  persons who contract with this governing body to manage solid waste shall furnish
performance bonds conditioned upon the faithful performance of their agreements. All such bonds shall be written by
an insurance company licensed to transact business in this State and shall be for a sum of not less than one half of the
annual sum paid to each such contractor. No such bond shall exceed 100% of the annual contract payment to each
contractor. Each performance bond shall be for a period equal to the initial contract term, or any extension thereof.

     COMMENT: Performance bonds are usually required by State law to protect the governing body in the event a
   contractor defaults. Each performance bond will have a time limit set out in which a claim must be reported to the
  company. Failure to notify  the company in  that time will void the policy. All insurance policies should be
  reviewed periodically so that the rights of the locality can be protected.
     This section could be expanded to  require a performance bond of all permit holders who discontinue their
  activities before the expiration  date of the permit, thereby assuring continuance of the activities covered thereby.

  18.02 Payment Bonds. Each  contractor referred to above shall, not less than ten (10) days after the execution of
each contract, deliver to the governing body proof of a payment bond executed  by a  surety company licensed to
transact business in this State, guaranteeing payment of wages to all employees of the contractor and the cost of all
supplies, materials and insurance premiums required in fulfilling each contract.

     COMMENT: This section is  intended to safeguard all wages due  employees of a contractor,  as well as the
  payment of materials and supplies used in the performance of the contract.

  18.03 Liability Insurance.  All contractors  and permit holders under the provisions of this ordinance shall furnish
proof to the governing body of liability insurance covering all aspects of their activities under this ordinance. No
personal injury  policy shall be for less than $	per person or $	per accident. No property damage
policy  shall be  for less than  $	per  accident.  All policies required by  this ordinance shall have  a minimum
cancellation period of not less than	days after receipt in writing of the notice of cancellation by the governing
body.

     COMMENT: Care  should  be exercised  in  setting policy limit requirements which will protect the general
  public.  State financial responsibility limits for motor vehicles should not be considered as guides as  they are
  regarded as too low. Workmen's Compensation by a private carrier would not be covered by this section as it is
  now written.

                                            19. Permit Renewal

  Any permit  holder desiring to  renew  an existing permit shall  complete and submit to  the  Director  of the
Administrative Department an application therefor not more  than	days nor less than	days before the
expiration date thereof and shall tender with each  application form such permit fees as are herein below  required.

     COMMENT: Sufficient time  should be allowed to process a renewal application to provide another source for
  the activity, if the renewal is denied. It will also give the Director time to inspect equipment and sites.

                                          20.  Permit Fees

  Each application for a permit, or renewal application,  shall  be accompanied by a certified check or money order in
the following amounts:
  a.  7.01 $	(Self-Management)
  b. 7.02 $	(Storage)
  c.  7.03 $	(Collection)
  d. 7.04 $	(Transfer)
  e.  7.05 $	(Transport)
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  f. 7.06 $
  g. 7.07 $"
  h. 7.08 $"
(Incineration)
(Sanitary Landfill)
(Resource Recovery)
  All fees required by this section shall be placed in the
                                              fund of this governmental agency.
     COMMENT: Fees should be realistic and should bear a reasonable relation to the expenses incurred by the
  governmental agency for processing applications. It may be desirable to provide an added clause making all such
  fees non-returnable.

                                               21. Appeals

  Any person who feels aggrieved by any action of the Director of the Administrative Department or the Commissioner
of the Enforcement Agency may within	days of the act for which redress is sought, appeal to the Advisory
Board, in writing, setting forth in a concise statement the act being appealed and the ground for its reversal.
  The Advisory Board shall, within	days following the receipt of each written appeal schedule a hearing date
and notify the  appellant and the Director of the  Administrative Department or Commissioner of the Enforcement
Agency in writing of  the date and time of the scheduled  hearing. The  appellant may appear  on his own behalf,  or
through counsel, and  may present his witnesses. The  Director of the Administrative Department or Commissioner  of
the Enforcement Agency may present rebuttal testimony and witnesses.
  The Advisory Board shall within	days after the hearing notify the Director of the Administrative Department
or Commissioner of the Enforcement Group of its decision and recommendations and shall forward one copy to the
appellant.
  The Director of the Administrative Department  or  Commissioner of the Enforcement Agency shall within	
days  of the receipt   of  the  decision  of the Advisory  Board,  either approve  or disapprove the  decision and
recommendation of the Advisory Board and shall forward a copy to the appellant.

     COMMENT: Appeals to an Advisory Board should be encouraged as  this could help relieve congested courts of
   their case  loads and provide for rapid resolution of the question. It should be  emphasized, however, that any
   decision of  the  Board  is binding upon the governmental agency.  In  the proceeding,  the Administrative
   Department  makes the final decision. Disadvantages of such appeals  are the absence of power of a board to
   compel the attendnace of witnesses or the production of evidence.

                                         22. Appeals, Alternative

  Any person who feels aggrieved by any act of the Administrative Department or Enforcement Agency may waive the
provision of Section 21, and within the time limit specified therein, appeal directly to the Court of	.
  During all appeals authorized herein, the opinion of the Director shall remain in full force and effect.

     COMMENT: The Administrative Procedures Act of the State  should be consulted and followed for the details
   of appeals procedures, including time restraints. Each State will have a court of broad initial jurisdiction which
   should be authorized to hear appeals from administrative action.

                                        23. Computation of Time

  The time within which an act is required by law to be done shall  be computed by excluding the first and including
the last day;  except that when the last day falls on Sunday or  a legal holiday, then the Act may be done on the next
succeeding day which is not Sunday or a legal holiday.
  When a public office in which an act, required by law, is to  be performed  is closed to the public for the entire day
which constitutes the  last day for doing such act, or before its usual closing time  on such day, then such act may be
performed on the next succeeding day which is not a Sunday or a legal holiday.

     COMMENT: This section will set a standard for actual time intervals as  all notices  to correct deficiencies will
   have to carry a definite  time limit. Other provisions, as in permit applications require a definite time period for
   action.
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                                             24. Title to Waste

  In the absence of an agreement to the contrary, title to the solid waste shall vest in the owner of each management
activity or facility in which the solid waste is placed.

     COMMENT:  This  section is intended to pass title to waste from the generator  to an identifiable person
   throughout its management. This will help fix responsibility for management and will avoid confusion as to
   ownership of recovered items. It will also avoid conflicting claims in the event a resident inadvertently includes an
   item of value in  his waste, as such item would be neither unwanted, discarded or useless. Resource recovery will
   give added emphasis  to the need for legal title to  solid waste, particularly where large  volumes are involved,
   therefore this section clearly fixes ownership at any management step.

                                          25. Prohibited Activities

  25.01  Dead Animals.U  shall be  unlawful to place any dead animal, or parts thereof,  in a container for collection
without  the  consent  of the Director,  provided, however, this section  shall not apply to animal parts from food
preparation for human consumption.

     COMMENT: This section is  to encourage the use  of the dead animal collection required in Sections 6.06 and
   15.  The exclusion includes all food preparation, including residential and commercial activity, such as restaurants.

  25.02 Littering. It shall be unlawful to place, or allow to be placed, any solid waste upon the roads, streets, public or
private property  within this municipality contrary to the provisions of this ordinance.

     COMMENT: Proper solid waste  management requires  regulated disposal.  This section  and Section 25.08,
   prohibiting dumps, are intended  to eliminate litter and promiscuous dumping. The penalties provided in Section
   26 can be used to discourage either practice. "Allow" is included for  the protection of a property owner whose
   consent is not given to a person dumping or littering.

  25.03 Acts Contrary to  Ordinance. It shall be unlawful to store, collect, transport, transfer, recover, incinerate, or
dispose of any solid waste within the boundaries of this locality contrary to the provisions of this ordinance.

     COMMENT: This Section declares all aspects of solid waste management illegal unless done in conformity with
   the provisions of the  ordinance. Any person who stores, collects, transports, transfers, recovers, incinerates, or
   disposes of solid waste must have the required permits and must conform to State and local laws and the  rules
   and regulations authorized in  this  ordinance. Although residential  solid waste  has  minimal regulation here,
   legislative bodies  may want to go into greater detail.
     In the event that a  process or  activity for solid waste management is introduced in  the locality, the user will
   have to set up a permit application and include it in this and other applicable sections.

  25.04  Vehicle Construction. It shall be unlawful to transport any solid waste in any vehicle which permits  the
contents to blow, sift, leak or fall therefrom.

     COMMENT: This is the only  provision which  sets standards for vehicle  construction  and is a requirement
   usually found in State laws.

  25.05  No Interference withAuthorizedSolid Waste Management. It shall be unlawful for any person to interfere with
any employee of this locality or any employee of a contractor while in the performance of their duties as authorized by
this ordinance.

     COMMENT: Inspections before and after issuance of permit are  necessary to insure compliance with the
   ordinance. This Section  is the basis for penalizing interference with any person acting under the authority of the
   ordinance.
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  25.06 Scavenging Prohibited. It shall be unlawful for any person to scavenge any solid waste within the boundaries of
this locality.

     COMMENT: Solid waste management cannot be effective if casual pickers are permitted in any step in the
 . process,  whether pre-collection  activity from containers at the curb or at an incinerator or sanitary landfill.
  Controlled recovery should be encouraged at any logical step of proper solid waste management.

  25.07 False Information. It shall be unlawful for any person to make any false statement in any application required
by this ordinance.

     COMMENT: This section provides a penalty for false information given on any application required by the
  ordinance. Conviction would require a showing that the false information was provided deliberately but would
  not include innocent or erroneous information.  The Administrative Department would also have the inherent
  right to revoke any permit or permits involved in the applications, as a false statement vitiates such matters.

  25.08 Dumps Prohibited. It shall be unlawful for any person to use or operate a dump.

     COMMENT: The intent of the ordinance is set forth in Section 2 and will be defeated unless all dumps are
  converted to sanitary landfills or are eliminated.

  25.09 Burning Prohibited. It shall be unlawful for any person to burn solid waste in any manner other than in a duly
authorized incinerator.

     COMMENT: Air  pollution control can not be effective unless open burning is eliminated. The ordinance
  requires  a permit for all incinerators, thereby insuring the installation  and use of pollution control measures,
  including the disposal of incinerator residue and proper treatment of quench waters. The ban here would include
  leaf burning, therefore the added waste volume will have to be considered in the plan requirements of Section
  6.01. This section does  not prohibit the  use  of a fireplace or outdoor grill of residences, unless  barred by a
  separate law.

  25.10 Animal Feeding.  It  shall be unlawful for  any person to engage in the feeding of food waste to animals for
commercial purposes.

     COMMENT: 'State  law usually  regulates  food waste {garbage)  feeding to animals,  usually swine, under
  controlled conditions. If such feeding is permitted, those regulations shall be followed.

  25.11 Illegal Use of Permit Number. It shall be unlawful to display any permit number unless the person displaying
such number or numbers holds a valid permit  or permits therefor.

     COMMENT: A duly  issued permit may be suspended or revoked  by  the  Director of the Administrative
  Department. This Section would make it illegal either to use a fictitious permit number or to continue the display
  of permit number after suspension or revocation. Permit numbers are needed to identify and regulate solid waste
  management.

  25.12 Hazardous  Waste. No person shall place any  hazardous waste in any container for collection, transport,
processing  or disposal  until the Enforcement Agency has approved the method of storage, transport, processing, or
disposal.

     COMMENT:  This section  is intended  to identify and regulate hazardous waste to protect the health of the
  community  and  to protect  people engaged  in  solid  waste  management.  Experience  will  allow  some
  standardization in proper management of hazardous wastes.

                                               26. Penalties

  Any person convicted of a violation of this ordinance, or the rules and regulations authorized herein, shall be subject
to a fine of not more than $	or imprisonment in the county jail for not more than	months, or both.

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     COMMENT: The Court enforcing an ordinance will have limits in pecuniary and penal punishment, therefore
   that limitation must be considered in setting forth sums and sentences. Penal institutions may be a county jail, a
   municipal jail or a  workhouse.  The maximum range should be high enough to discourage violation and a penalty
   section should allow some discretion  to the judge.

                                               27. Repealer

   The following ordinances of this locality are hereby repealed:	.
     COMMENT: All ordinances which are to be replaced by this ordinance should be specifically listed, based upon
   careful evaluation of each to be repealed. The use of an omnibus repealer should be avoided as it may prove too
   broad.

                                            28. Savings Clause

   Nothing in this ordinance shall be deemed to affect, modify, amend or repeal any provisions of an  ordinance
administered by the Administrative Department or Enforcement Agency or  any other department, board, commission
or agency of this locality.

     COMMENT: // no existing ordinances are to be repealed and if the Solid Waste Management Ordinance is not
   to affect any existing ordinances or authority created by existing ordinances, the above provision would be useful
   in showing such intent.

                                          29. Severability Clause

   The provisions  of this ordinance  are severable, and if any provision or part thereof shall  be  held  invalid  or
unconstitutional or inapplicable to any person or circumstance, such invalidity, unconstitutionally or inapplicability
shall not affect or impair the remaining provisions of this ordinance.

     COMMENT: If a court strikes out a part  of the ordinance prompt legislative action should be taken to enact
   provisions to fill the void.

                                            30. Effective Date

   This Act is hereby declared  an emergency provision  to protect the  health and welfare of the inhabitants  of this
locality and shall take effect immediately upon its passage, provided, however, those sections requiring permits shall not
apply to existing facilities for a period of	months after said  effective date.

     COMMENT: In establishing an effective date for the ordinance sufficient time must be given so that existing
   facilities can be brought within the terms set forth. Dumps could be closed in a short time but would require a
   longer period for conversion to a sanitary landfill.
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