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.
[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.
[Ord. No. 1270 §1, 8-20-2008]
For the purpose of this Chapter, the following words shall have
the following meanings:
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.
A contractor licensed under this Chapter to collect and transport
solid waste, recyclable materials and/or yard waste.
The City Administrator or his designee.
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:
Causes or significantly contributes to an increase in mortality
or an increase in serious irreversible or incapacitating reversible
illness; or
Poses a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported or
disposed of or otherwise managed.
Hazardous waste shall not include:
Household waste;
Agricultural waste returned to the soil as fertilizer;
Mining waste and overburden from the extraction, beneficiation
and processing of ores and minerals, if returned to the mine site;
Drilling fluids, produced waters and other wastes associated
with the exploration, development and production of crude oil, natural
gas or geothermal energy;
Fly ash, bottom ash, slag and flue gas emission control wastes
generated primarily from the combustion of coal or other fossil fuels;
Cement kiln dust; or
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.
Anything which:
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
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
Occurs during or as a result of the handling or disposal of
solid waste.
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.
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.
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.
Consists of grass clippings, leaves, shrubs and tree trimmings.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[Ord. No. 1270 §1, 8-20-2008]
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
