City of Mission, KS
Johnson County
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Table of Contents
Table of Contents
Editor's Note — Ord. no. 1270 §1, adopted August 20, 2008, amended this ch. 235 by enacting the new provisions set out herein. Former ch. 235 derived from CC 2000 §§8-101 — 8-132; ord. no. 796 §1, 12-12-90; ord. no. 989 §8, 1-12-00; ord. no. 1161 §1, 5-11-05.

Section 235.010 Purpose.

[Ord. No. 1270 §1, 8-20-2008]
The City Council hereby finds that improper disposal of articles that can be recycled is contrary to the public interest and it is hereby declared to be the policy of the City to recycle materials and properly dispose of solid waste that cannot be recycled in a safe and sanitary manner. The City Council further finds that solid waste management and disposal are functions that it can efficiently and economically provide or regulate in the furtherance of the well-being of its citizens.

Section 235.020 Definitions.

[Ord. No. 1270 §1, 8-20-2008]
For the purpose of this Chapter, the following words shall have the following meanings:
CONSTRUCTION AND DEMOLITION WASTE
Solid waste resulting from the construction, remodeling, repair and demolition of structures, roads, sidewalks and utilities; untreated wood and untreated sawdust from any source; solid waste consisting of motor vehicle window glass; and solid waste consisting of vegetation from land clearing and grubbing, utility maintenance and seasonal or storm-related cleanup. Such wastes include, but are not limited to, bricks, concrete and other masonry materials, roofing materials, soil, rock, wood, wood products, wall or floor coverings, plaster, drywall, plumbing fixtures, electrical wiring, electrical components containing no hazardous materials, non-asbestos insulation and construction-related packaging. "Construction and demolition waste" shall not include waste material containing friable asbestos, garbage, furniture, appliances, electrical equipment containing hazardous materials, tires, drums and containers even though such wastes resulted from construction and demolition activities. Clean rubble that is mixed with other construction and demolition waste during demolition or transportation shall be considered to be construction and demolition waste.
CONTRACTOR
A contractor licensed under this Chapter to collect and transport solid waste, recyclable materials and/or yard waste.
DIRECTOR
The City Administrator or his designee.
HAZARDOUS WASTE
1. 
Any waste or combination of wastes which, because of its quantity, concentration or physical, chemical, biological or infectious characteristics or as otherwise determined by the secretary:
a. 
Causes or significantly contributes to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or
b. 
Poses a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise managed.
2. 
Hazardous waste shall not include:
a. 
Household waste;
b. 
Agricultural waste returned to the soil as fertilizer;
c. 
Mining waste and overburden from the extraction, beneficiation and processing of ores and minerals, if returned to the mine site;
d. 
Drilling fluids, produced waters and other wastes associated with the exploration, development and production of crude oil, natural gas or geothermal energy;
e. 
Fly ash, bottom ash, slag and flue gas emission control wastes generated primarily from the combustion of coal or other fossil fuels;
f. 
Cement kiln dust; or
g. 
Materials listed in 40 CFR 261.4, as in effect on July 1, 1983, or any later version as established in rules and regulations adopted by the secretary.
NUISANCE
Anything which:
1. 
Is injurious to health or is offensive to the senses or any obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property, and
2. 
Affects at the same time an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal, and
3. 
Occurs during or as a result of the handling or disposal of solid waste.
RECYCLABLE MATERIALS
Any materials that will be used or reused, or prepared for use or reuse, as an ingredient in an industrial process to make a product or as an effective substitute for a commercial product. "Recyclables" includes, but is not limited to, paper, glass, plastic, municipal water treatment residues, as defined by K.S.A. 65-163 and amendments thereto, and metal, but excludes materials rejected by licensed recycling contractors and yard waste.
RESIDENCE AND RESIDENTIAL
All single-family dwellings, duplexes, triplexes, town homes and condominiums and all other types of dwelling units in the City except apartment buildings, which shall be considered for purposes of this Chapter commercial buildings.
SOLID WASTE
Unwanted or discarded waste materials in a solid or liquid state including, but not limited to, refuse, garbage, trash, rubbish and discarded appliances, furniture, tires, equipment and appliances.
YARD WASTE
Consists of grass clippings, leaves, shrubs and tree trimmings.

Section 235.030 Solid Waste Management Utility — Residential Solid Waste and Recyclable Collection.

[Ord. No. 1270 §1, 8-20-2008]
A. 
The City shall provide for the collection and disposal of all residential solid waste as a municipal function and shall extend such service to all residential properties within the City, establish the conditions thereof and fix the charges under which service will be rendered. The City shall license one (1) or more private companies to perform such collection and disposal. All companies providing the service of collecting residential solid waste shall also provide a same-day curbside recycling service or other recycling program approved by the City and shall meet all requirements and regulations set forth by the Governing Body.
B. 
Every resident of a residential property in the City shall be required to allow a collector licensed by the City on to his, her or its property for the purpose of collecting residential solid waste and recyclable materials.

Section 235.040 Commercial and Other Collections.

[Ord. No. 1270 §1, 8-20-2008]
The City shall, by licensing, designate collectors to provide for solid waste collection service to institutional, commercial, industrial establishments and apartment buildings. The costs of such services shall be borne by the establishment or apartment building. If the owner of any such establishment or apartment building shall desire to provide for the collection and transportation of its own solid waste generated and/or produced on its own property, such establishment shall make application to the City Administrator for such authority.

Section 235.045 Construction and Demolition Waste Containers.

[Ord. No. 1270 §1, 8-20-2008]
A. 
Construction and demolition waste containers may be stored on any residential, institutional, commercial or industrial establishment where a valid building permit has been issued and construction is in progress. Construction and demolition waste containers shall be removed upon the completion of construction.
B. 
Construction and demolition waste containers are permissible on any residential, institutional, commercial or industrial property at any time for a fifteen (15) day period, not to exceed one (1) time per year. A permit must be obtained for such fifteen (15) day period from the Director.
C. 
The owner, occupant or contractor for every construction site where a construction and demolition waste container is on hand shall place all construction and demolition waste at least once per day into a construction and demolition waste container and maintain such containers and the area surrounding them in a clean, neat and sanitary condition.

Section 235.050 Solid Waste Containers.

[Ord. No. 1270 §1, 8-20-2008; Ord. No. 1291 §1, 3-18-2009]
A. 
The owner or occupant of every residence and of every institutional, commercial or industrial establishment or apartment building where solid waste is accumulated must provide sufficient and adequate containers for the deposit and collection of solid waste.
B. 
Residential solid waste containers shall have a tight fitting lid or otherwise be tightly secured and/or enclosed to prevent solid waste from escaping or from allowing water to collect inside the container. The container shall be maintained so as to retain odors and prohibit insects or animals from entering the solid waste containers. Containers shall be polycarts furnished by the contractor, not to exceed sixty-five (65) gallons of capacity and shall not weigh over fifty (50) pounds when full.
C. 
Commercial solid waste containers shall be approved by the Director. The containers shall be waterproof with a substantial lid or cover tightly fitting to retain all odors and keep out animals and insects and of a sufficient size to receive and hold all solid waste that may accumulate without leakage, overflow or flowing.

Section 235.060 Maintenance of Solid Waste Containers.

[Ord. No. 1270 §1, 8-20-2008]
The owner or occupant of every structure from which solid waste collection is made shall place all solid waste in solid waste containers, except as otherwise provided, and shall maintain such solid waste containers and the area surrounding them in a clean, neat and sanitary condition at all times. The contents thereof shall be kept in such condition that they can be readily and fully removed by licensed collectors. No person shall place or store any containers at any place in front of existing buildings, setback lines or existing building lines upon any real property or public rights-of-way in residential areas, except on the day of collection. For institutional, commercial and industrial establishments and apartment buildings, the storage area must be screened from view by enclosure, fence, screen or other suitable means so as to present an aesthetically pleasing appearance.

Section 235.070 Residential Recyclable Containers.

[Ord. No. 1270 §1, 8-20-2008; Ord. No. 1291 §1, 3-18-2009]
Containers for recyclable materials in residential areas shall be polycarts furnished by the contractor(s) with a minimum of sixty-five (65) gallons in capacity and constructed of not less than twenty-five percent (25%) recycled plastic. Containers for recyclable materials in apartment buildings and multi-family dwellings designed for more than four (4) dwelling units may be bags, bins or other containers furnished by the contractor(s) and approved by the Director. The Director may provide other specific requirements for the containers.

Section 235.080 Yard Waste and Composting.

[Ord. No. 1270 §1, 8-20-2008]
It shall be the responsibility of the occupant to place all yard cleanup waste, including, but not limited to, grass clippings, leaves and tree trimmings, in biodegradable kraft paper bags or other rigid containers not exceeding thirty-two (32) gallons in capacity or appropriately bundled tree trimmings at the regular collection point for collection. Containers shall be maintained as to prevent the dispersal of waste placed therein upon the premises served, upon adjacent premises or upon adjacent public rights-of-way. Any composting of yard waste within the City shall be conducted behind the rear building setback line and in a manner so as not to create a nuisance, an offensive sight or offensive odors.

Section 235.090 Tree Trimmings.

[Ord. No. 1270 §1, 8-20-2008]
Tree trimmings less than two (2) inches in diameter shall be securely tied in bundles not larger than forty-eight (48) inches long and eighteen (18) inches in diameter when not placed in storage containers.

Section 235.100 Bulky Waste.

[Ord. No. 1270 §1, 8-20-2008]
It shall be the responsibility of the occupant not to permit bulky solid waste to accumulate and to ensure that such waste is disposed of in a proper manner. For purposes of this Section, the term "bulky waste" shall mean non-putrescible solid wastes consisting of combustible or non-combustible waste materials which are either too large or too heavy to be loaded in solid waste collection vehicles with safety and convenience by solid waste collectors with the equipment readily available therefor. Persons engaged in the collection and transportation of residential solid waste, recyclable materials and yard waste shall make available a bulky waste disposal service. The City shall have the authority to periodically provide for public dumpsters within the City for the benefit of City residents and owners only for the disposal of bulky waste. Locations, duration and any cost of such public dumpsters shall be upon such terms and conditions as approved by the Governing Body.

Section 235.110 Recyclable Collection.

[Ord. No. 1270 §1, 8-20-2008]
The owner or occupant of any residence where recyclable materials shall be generated may separate recyclable materials from all other solid waste and place such recyclable materials at the location designated by the contractor in a recyclable materials container for collection on collection day and shall maintain such recyclable containers and the area surrounding them in a neat, clean and sanitary condition at all times.

Section 235.120 Licensing.

[Ord. No. 1270 §1, 8-20-2008]
All persons desiring to collect and transport residential solid waste within the City shall be licensed and shall collect recyclable materials and yard waste. Application for license shall be made to the City Clerk on forms provided.

Section 235.130 Approval By Governing Body.

[Ord. No. 1270 §1, 8-20-2008]
Each application for license to collect and transport residential solid waste and recyclable materials in the City shall be approved by the Governing Body prior to issuance of any license or the renewal of any license.

Section 235.140 License Fee.

[Ord. No. 1270 §1, 8-20-2008]
All persons engaged in the collection and transportation of solid waste, recyclable materials or yard waste in the City shall pay the occupational license fees required by Chapter 103, Section 103.070 of the Code of the City of Mission, Kansas.

Section 235.150 Collection Frequency.

[Ord. No. 1270 §1, 8-20-2008]
A. 
Residential and apartment building collection of solid waste, recyclable materials and yard waste shall be not less than one (1) collection each calendar week.
B. 
Institutional, commercial and industrial solid waste collection shall be as required to protect the health, welfare and safety of the City and maintain the premises in a sanitary and unlittered condition so as to avoid the creation of a nuisance.

Section 235.160 Routes Established.

[Ord. No. 1270 §1, 8-20-2008]
Each person licensed to engage in collection, storage and transportation of residential solid waste and recyclable material shall file a route schedule with the Director to ensure that each area of the City is provided service on the same day of the week.

Section 235.170 Rate Schedule.

[Ord. No. 1270 §1, 8-20-2008]
Each firm applying for a license to engage in collection and transportation of residential solid waste and recyclable material in the City shall file a complete rate schedule with its application. The rate schedule shall list all charges and classification of charges, including special charges for groups or associations charged in any area of Johnson County. The Governing Body shall approve such rates for the period ending on the first (1st) day of December of each year. Any change in the rates prior to being placed into effect shall be approved by the Governing Body. The method and time of billing shall also be indicated and must be approved by the Governing Body.

Section 235.180 Collection Hours.

[Ord. No. 1270 §1, 8-20-2008]
All licensed contractors shall engage in the collection and transportation of solid waste, recyclable materials and yard waste between the hours of 7:00 A.M. and 7:00 P.M.

Section 235.190 Telephone Required.

[Ord. No. 1270 §1, 8-20-2008]
All licensed contractors shall maintain an office with adequate telephone service to provide for service requests and complaints. The Director shall be furnished immediately any change in telephone or address if such office changes after receiving a license.

Section 235.200 Revocation of License.

[Ord. No. 1270 §1, 8-20-2008]
Any person licensed under this agreement and found, after public hearing before the Governing Body, to be in violation of the provisions of this Chapter may have such license revoked.

Section 235.210 Disposal of Solid Waste.

[Ord. No. 1270 §1, 8-20-2008]
All solid waste shall be disposed of at a processing facility or disposal area approved by and complying with all requirements of the Johnson County Solid Waste Management Plan and as permitted by the Kansas Department of Health and Environment and the Johnson County Board of County Commissioners.

Section 235.220 Disposal of Recyclable Materials.

[Ord. No. 1270 §1, 8-20-2008]
All recyclable material shall be disposed of at a recycling processing or disposal facility approved by and in compliance with all local, State and Federal regulations.

Section 235.230 Hazardous Wastes.

[Ord. No. 1270 §1, 8-20-2008]
No person shall place any flammable, explosive or hazardous waste in any container for collection and disposal. Hazardous wastes shall be disposed of only in a manner prescribed by applicable local, State and Federal laws and regulations.

Section 235.240 Insurance.

[Ord. No. 1270 §1, 8-20-2008]
Each collector and contractor in the City shall maintain insurance coverage in an amount not less than one hundred thousand dollars ($100,000.00) for each person injured or killed and an amount not less than two hundred thousand dollars ($200,000.00) in the event of injury or death of two (2) or more persons in any single accident and an amount not less than fifty thousand dollars ($50,000.00) for damage to property, such policy to be written to allow the first (1st) twenty thousand dollars ($20,000.00) of liability for property damage to be deductible. A certificate of insurance evidencing the required insurance shall be continuously maintained with the Director. The insurance carrier shall be required to notify the City in writing no less than ten (10) days prior to the effective date of such a cancellation. The policy shall contain a provision which shall place the responsibility for the ten (10) day written notice upon the company issuing the policy.

Section 235.250 Inspection.

[Ord. No. 1270 §1, 8-20-2008]
In order to insure compliance with the laws of this City, County, State and any applicable Federal laws and regulations, the Director is authorized to inspect all phases of solid waste management within the City. No inspection shall be made in any residential unit unless authorized by the occupant or by due process of law. In all instances where such inspection reveals violation of this Chapter, the Director or other law enforcement personnel may issue a complaint for prosecution in the Municipal Court of the City or other appropriate court of proper jurisdiction.

Section 235.260 Documentation.

[Ord. No. 1270 §1, 8-20-2008]
All residential collectors of solid waste and recyclable materials must submit recycling documentation on a quarterly basis to the Governing Body. Documentation must be submitted no later than April thirtieth (30th), July thirtieth (30th), October thirtieth (30th) and January thirtieth (30th) immediately following the prior quarter. Documentation shall include an affidavit certifying that the Collector has complied with all requirements of this Chapter and substantiate the recyclable disposal method, weight and/or volume amount and compensation received for the materials recycled. Any person licensed to collect solid waste and recyclable materials failing to provide the required documentation will be found in violation of this Chapter and may have his/her license revoked by the Governing Body.

Section 235.270 Rules and Regulations.

[Ord. No. 1270 §1, 8-20-2008]
The Director may promulgate such reasonable and necessary rules and regulations governing the administration of this Chapter. Such regulations shall be approved by the Governing Body. Once approved by the Governing Body, such regulations shall be subject to enforcement on the same manner as set forth in this Chapter. A copy of the regulations shall be on file in the office of the City Clerk.

Section 235.280 Education, Promotion and Marketing.

[Ord. No. 1270 §1, 8-20-2008]
Each solid waste and recyclable materials contractor shall implement public education and awareness programs in coordination with the City to educate the general public and waste generators of the importance of recycling and waste minimization. Each contractor shall submit a public education and awareness program to the Director for approval which program shall commence prior to the commencement of recycling in the City and shall continue so long as such contractor collects recyclable materials in the City. A recycling emblem may be established by the City as part of the recycling program and utilized in the establishment of an awareness program.

Section 235.290 Solid Waste Collection Vehicles.

[Ord. No. 1270 §1, 8-20-2008]
All solid waste collection vehicles shall be maintained in a safe, clean and sanitary condition and shall be so constructed, maintained and operated as to prevent spillage of solid waste therefrom. All vehicles to be used for collection of solid waste shall be constructed with watertight bodies and with covers which shall be an integral part of the vehicle or shall be a separate cover of suitable material with fasteners designed to secure all sides of the cover to the vehicle and shall be secured whenever the vehicle is transporting waste or, as an alternative, the entire bodies hereof shall be enclosed with only loading hoppers exposed. No materials shall be transported in the loading hoppers.

Section 235.300 Recyclable Material Collection Vehicles.

[Ord. No. 1270 §1, 8-20-2008]
All recyclable material collection vehicles shall be maintained in a safe, clean and sanitary condition and shall be so constructed, maintained and operated as to prevent spillage of recyclable material therefrom.

Section 235.310 Excavation Material.

[Ord. No. 1270 §1, 8-20-2008]
Permits shall not be required for the removal, hauling or disposal of earth and rock material from grading or excavation activities; however, all such material shall be conveyed in tight vehicles, trucks or receptacles so constructed and maintained that none of the materials being transported spill upon the public rights-of-way.

Section 235.320 Unlawful Activity.

[Ord. No. 1270 §1, 8-20-2008]
A. 
It shall be unlawful for any person:
1. 
As owner, occupant or person in charge of any residence, building, lot or premises to violate any of the provisions of this Chapter.
2. 
As owner, occupant or person in charge of any residence building, lot or premises to deposit or cause to be deposited upon any street of the City or upon any other property, public or private, within the City limits any solid waste, yard waste or recyclable material except as prescribed in this Chapter.
3. 
As non-residents of the City to deposit anything in public dumpsters.
4. 
To engage in the business of collecting, transporting, processing or depositing of solid waste, recyclable material or yard waste within the City without first obtaining a license to do so from the Governing Body.
5. 
Be granted a license from the City under this Chapter for collection and transportation of solid waste, recyclable materials and yard waste to violate any of the provisions of this Chapter.
6. 
To deposit solid waste, recyclable materials or yard waste in any solid waste container or recyclable container other than his/her own without the written consent of the possessor of such container and/or with the intent of avoiding payment of the service charge thereinafter provided for solid waste collection, recyclable material collection, yard waste collection and disposal.
7. 
To interfere in any manner with solid waste and/or recyclable collection equipment or with solid waste and recyclable collectors in the lawful performance of their duties.
8. 
To burn solid waste or recyclable materials within the City.
9. 
To dispose of any solid waste recyclable material or yard waste at a facility which is not approved by the City or Johnson County.
10. 
To upset, turn over, remove or carry away any solid waste container, recyclable material container or any other approved container or part hereof.
11. 
To engage in the business, operation of or in any manner perform the act of collection of solid waste, recyclable material or yard waste within the City between the hours of 7:00 P.M. and 7:00 A.M.
12. 
To stop, stand or park a vehicle used in the collection of solid waste, recyclable material or yard waste at any place in the City between the hours of 7:00 P.M. and 7:00 A.M.
13. 
To remove any recyclable material from a recyclable materials container without the written consent of the possessor of such container.
14. 
As non-residents of the City to deposit any solid waste, yard waste or recyclable material upon any street of the City or upon any other property, public or private, within the City limits.
15. 
No waste or recyclable material shall be placed in front of the building line earlier than 6:00 P.M. the night before collection.

Section 235.330 Collection and Payment of Charges.

[Ord. No. 1270 §1, 8-20-2008]
A. 
Annual charges for solid waste collection for residential property shall be collected with ad valorem real estate taxes annually.
B. 
The City will make available residential bulky waste pickup at least yearly at specified times at no charge to the owner or occupant; in all other situations, the costs of bulky waste collection shall be the responsibility of the owner or occupant.
C. 
The City will make recycling collection available for residential property at no charge to the owner or occupant.
D. 
Charges by licensed contractors for solid waste collection for institutional, commercial and industrial establishments and apartment buildings shall be the responsibility of the owner or occupant of the establishment or apartment building.

Section 235.340 Schedule of Fees and Charges.

[Ord. No. 1270 §1, 8-20-2008]
The charges to be assessed and paid by the occupant for collection, transportation and disposal of solid waste shall be as fixed from time to time in the City's schedule of fees available in the office of the City Clerk.