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For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. For the purposes of this chapter the following terms, phrases, words, and their derivations, shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
"ASHES." The residue from the burning of wood, coal, coke, or other combustible materials.
"BUILDING MATERIALS." Materials such as lumber, brick, plaster, guttering, or other substances accumulated as a result of repairs or additions to existing buildings, construction of new buildings or demolition of existing structures.
"CITY." City of Albemarle, North Carolina.
"COMMERCIAL AND BUSINESS UNIT." Any building or structure in or from which a business, trade, or commerce is conducted.
"CONSTRUCTION OR DEMOLITION MATERIAL." Waste building materials resulting from construction, remodeling, repair or demolition operations.
"CONTRACT DOCUMENTS." The request for proposals, instructions to proposers, contractor's proposal, general specifications, the contract performance bond and any addenda or changes to the foregoing documents agreed to by the city and the contractor.
"CONTRACTOR." The person, corporation or partnership performing solid waste collection services under contract with the city.
"DIRECTOR." The Director of Public Works of the city.
"DISPOSAL SITE." A refuse depository including but not limited to sanitary landfills, transfer stations and waste processing/separation centers licensed, permitted or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals to receive refuse for processing or final disposal.
"GARBAGE." Every accumulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter (including, but not by way of limitation, used tin cans and other food containers; and all putrescible or easily decomposable animal or vegetable waste matter which is likely to attract flies or rodents); except (in all cases) any matter included in the definition of construction debris, household trash, yard waste, or hazardous waste.
"HAZARDOUS WASTE." Waste, in any amount, which is defined, characterized or designated as hazardous by the United States Environmental Protection Agency or appropriate state agency by or pursuant to federal or state law, or waste, in any amount, which is regulated under federal or state law. For purposes of this contract, the term hazardous waste shall also include motor oil, gasoline, paint, and items containing freon or chlorofluorocarbons.
"LANDFILL." City of Albemarle Landfill.
"LARGE MULTI-FAMILY UNITS." Any group of apartments under the same ownership with more than ten living units.
"MEDICAL WASTE." Generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals.
"RESIDENTIAL TRASH." Uncompacted trash from the home such as furniture, televisions, mattresses, household fixtures, etc.
"RECYCLING CONTAINER." Container designed for use by residential units for storage and removal of recyclable materials.
"RECYCLABLE MATERIAL(S." Newsprint; brown, clear and green glass and jars; corrugated cardboard; aluminum and bi-metal cans; HDPE clear plastic milk jugs and PET plastic soft drink containers; or any other commodity agreed upon in writing by the city and contractor.
"REFUSE." All putrescible and nonputrescible solid wastes, except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes. Including all garbage and/or rubbish and/or yard waste generated by a producer.
"RESIDENTIAL UNITS." An occupied dwelling (whether a single family home or a multi-family unit) containing ten or less units within the corporate limits of the city requiring curbside collection. A residential unit shall be deemed occupied when either water or domestic light and power services are being supplied thereto.
"RUBBISH." All chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging, or wrapping crockery and glass, ashes, cinders, floor sweepings, glass, mineral or metallic substances, and any and all other similar waste materials not included in the definition of bulky waste, construction debris, garbage, or hazardous waste.
"SMALL DEAD ANIMALS." Cats, dogs, and small household pets of 50 pounds or less in weight.
"SMALL MULTI-FAMILY UNITS." Any duplex apartment or group of apartments under common ownership and with more than one dwelling unit, but with ten or less.
"WHEELED CONTAINER." A plastic covered container permanently attached to wheels designed for use by residential units for storage of garbage and other miscellaneous refuse with a capacity of not less than 90 gallons.
"WHITE GOODS." Large domestic appliances, including but not limited to, stoves, water heaters, refrigerators, freezers, window air conditioning units.
"YARD WASTE." All tree trimmings, dead plants, weeds, leaves, and dead tree debris not exceeding six feet (6') in length, and which can be readily loaded by two laborers; and trimmings and grass clippings placed in plastic bags which weigh no more than 50 lbs.
(Ord. 07-01, passed 1-2-07)
Except as provided in divisions (A) through (C) below, all refuse accumulated in the city shall be collected, conveyed, and disposed of by the city or its authorized contractor. No person shall collect, convey over any of the streets or alleys of the city, or dispose of, any refuse accumulated in the city.
(A) This chapter shall not prohibit the actual producers of refuse, or the owners of premises on which refuse has accumulated, from personally collecting, conveying, and disposing of the refuse, provided the producers or owners comply with the provisions of this chapter and with any other governing law or ordinances.
(B) This chapter shall not prohibit any person operating under a license or franchise expressly granted by the governing authorities the City of Albemarle from collecting, conveying, and disposing of refuse provided the persons comply with the provisions of this chapter and with any other governing law or ordinances.
(C) This chapter shall not prohibit collectors of refuse from outside of the city from hauling refuse over city streets, provided the collectors comply with the provisions of this chapter and with any other governing law or ordinances.
(Ord. 07-01, passed 1-2-07)
All refuse accumulated in the city shall be collected, conveyed, and disposed of by the city or its contractor under the supervision of the Director of Public Works. The Director shall have the authority to make regulations concerning the days of collection, type and location of waste containers, and any other matters pertaining to the collection, conveyance, and disposal as he shall find necessary, and to change and modify the regulations after notice to the public, provided that the regulations are not contrary to the provisions of this chapter. Any person aggrieved by a regulation of the Director shall have the right of appeal to the City Manager who shall have the authority to confirm, modify, or revoke any regulations.
(Ord. 07-01, passed 1-2-07)
(A) Preparation of refuse.
(1) Garbage. All garbage, before being placed in a container for collection, shall have drained from it all free liquids and must be bagged.
(2) Rubbish. All rubbish shall be drained of liquid before being deposited for collection.
(3) Excess garbage, rubbish residential trash. Garbage, rubbish and residential trash that cannot be placed in the wheeled container shall be placed next to the container for collection. This type of waste shall be secured and placed in a manner for easy disposal by the city or its contractor, such as in bags or boxes. The cumulative amount of excess garbage and rubbish permitted in one collection period shall not exceed four cubic yards.
(4) Yard waste. Tree trimmings, hedge clippings, and similar material shall be cut to a length not to exceed six feet. Tree and shrub trimmings, leaves, and grass clippings that have been placed in plastic bags and which weigh no more than 50 pounds. Each residence shall be limited to a maximum of four cubic yards of yard waste per pick-up under the city's contract. If a residence has more than this allotted amount of yard waste, the occupant may pay the contractor an amount agreed upon by the city and contractor as a uniform per cubic yard surcharge.
(5) Recyclable materials. All recyclable materials being placed in a container for collection shall have drained from it all free liquids.
(B) Refuse containers.
(1) Residential units. Refuse containers for residential units shall be a wheeled container provided by the city or contractor without charge to the owner, tenant, lessee, or occupant of any residential unit for use at the residential unit. Any owner, tenant, lessee or occupant of any residential unit desiring up to three additional wheeled containers beyond what is provided for by the city or its contractor as part of the basic service, shall have the option of contacting the city or its contractor for up to three additional carts. The additional carts shall be provided to the owner, tenant, lessee or occupant by the city or its contractor and the owner, tenant, lessee or occupant shall be billed for these extra wheeled containers. The owner, tenant, lessee, or occupant of the residential unit to whom a wheeled container is furnished shall be responsible to the city and contractor for the proper care and maintenance of the container, and the owner, tenant, lessee, or occupant will be billed for damages to the wheeled container, reasonable wear and tear excepted, following the discovery of the damages. If the owner, tenant, lessee, or occupant of any residential unit shall vacate the occupied premises while in possession of a wheeled container he or she shall, before departing from the premises, notify the Director of Public Works or the city contractor, and the Director, his or her agent or the contractor will promptly pick up the container and issue a receipt to the person, notify the city or its contractor for removal of the wheeled container.
(2) Commercial and business units. All businesses shall have the option of contracting with the city or its contractor for up to three wheeled garbage containers. The wheeled garbage containers shall be collected once weekly by the city or its contractor in accordance with the city's solid waste collection schedule. The cost of the wheeled containers shall be the responsibility of each business. All waste set out for collection must be placed in the wheeled container. At no time shall any waste be set outside the wheeled garbage container nor will such waste be collected by the city or contractor. Businesses also have the option of contracting directly with any commercial solid waste hauler franchised by the City of Albemarle for the placement of a dumpster or roll-off container at the business location and for the removal of the solid waste.
(C) Storing of refuse.
(1) Containers. All refuse which readily fits into the container shall be placed in the type container referred to in division (B) above for pickup by the city's garbage collection crews, or its contractor.
(2) Public places. No person shall place any refuse in any street, alley, or other public place, or on any private property whether owned by the person or not, within the city except in proper containers for collection, or under express approval granted by the Director of Public Works. Nor shall any person throw or deposit any refuse in any stream or other body of water.
(3) Scattering of refuse. No person shall cast, place, sweep, or deposit anywhere within the city any refuse in such a manner that it may be carried or deposited by the elements on any street, sidewalk, alley, sewer, parkway, or other public place, or into any occupied premises within the city. Remedy for the correction of such a situation shall be performed by the property owner at the direction of the city.
(D) Points of collection.
(1) Wheeled containers. Where the wheeled container is used the owner, tenant, lessee, or occupant of the premises shall be responsible for causing the wheeled container to be placed at the curb or side of the street, but not in the portion of the street used for vehicular travel, at a place readily accessible for collection by the city or contract garbage collection crews once each week on the day designated by the Director of Public Works for the area in which the premises are located. The wheeled containers shall be so located not earlier than 6:00 p.m. the day prior to collection nor later than 8:00 a.m. on the day of the pickup and must be removed from the street location not later than 7:00 p.m. the same day. If there is no member of the premises or household to which a wheeled container is assigned who is capable of moving the wheeled container as required herein, he shall notify the Director of Public Works or the city's contractor in writing of the existence of the disability. In this event, the disabled person shall furnish a physician's certificate confirming the disability and on the failure of the alleged disabled person to furnish the certificate within ten days after required, the alleged disabled person shall be deemed physically able to comply with all the provisions of this section. No person shall molest or interfere with the contents of any wheeled container or the container itself which has been set out for collection and removal by the city.
(2) Roll-off container, detachable containers and dumpster. Where a roll-off container, detachable containers or dumpster is used, the owner, tenant, lessee, or occupant of the premises shall provide a location for the container off the right of way. Requests for the temporary placement of such containers and dumpsters must be made to the city.
(E) Obstacles to collection. The owner, tenant, lessee, or occupant of the premises shall have the responsibility of keeping the premises free from dogs or any other obstacle which would hinder or impede city or contractor personnel from removing or returning the container to the premises.
(F) Penalty. Violations may be enforced through the provisions of § 10.84, the penalty established by § 10.99 may be enforced, or violations may be considered a nuisance by the city as provided by in § 82.16 and enforceable through §§ 82.17 and 82.18. Nothing in the above shall prohibit the pursuit of criminal procedures for remedy. A violation of this section is punishable as a misdemeanor.
(Ord. 07-01, passed 1-2-07; Am. Ord. 22-01, passed 1-3-22)
(A) Collection.
(1) Residential units and small multi-family units. Refuse accumulation by residences shall be collected on the days fixed therefore by the Director of Public Works, but in all events at least once a week.
(2) Large multi-family units. Refuse generated by Large Multi-Family Units is not a part of the city's solid waste collection contract or services. Collection of accumulated refuse at these locations shall be provided for in the manner arranged by the property owner(s).
(3) Commercial and business units. Refuse generated by commercial and business units is not a part of the city's residential solid waste collection service, therefore, all waste must fit inside the collection containers. Business and commercial entities may opt to pay for up to three small business roll-out containers from the city franchise hauler. If another option for refuse collection is selected, the collection of accumulated refuse at these locations shall be provided for in the manner arranged by the property owner(s) or occupant(s) with a private waste collection company franchised to do business in the city by the City of Albemarle.
(4) Yard waste. Residential yard waste shall be placed along the ditchline or curb line of the residence from which the waste is generated for collection and shall not be placed across the street or beyond the side property lines of the residence. Residents are encouraged to place such waste out as closely to their collection day as possible. The placement of the residential yard waste shall not be placed in a manner to disrupt the flow of traffic or to create a traffic hazard. Collection shall occur once each week on the same schedule as the residential garbage is collected. Trimmings or clippings shall not exceed six feet in length, and tree and shrub trimmings, leaves, and grass clippings which have been placed in plastic bags and which weigh no more than 50 pounds. Grass clippings put out for collection may not be placed loose at the curb or roadside and must always be bagged.
(5) Leaf collection.
(a) The city or its contractor shall collect, during the period beginning with the third full week in October through the last full week prior to Christmas of each year, leaves loose in windrows at the curb or ditch line of all streets of the city as shown on the map of streets as published annually prior to the commencement of leaf collection by the city or its contractor. During this period, leaves shall be picked up on each street once every other week.
(b) During the months of January, February, March, and April of each year, contractor shall pick up leaves on each street once a month.
(c) After the April collection cycle, the city or its contractor shall pick up only those leaves that have been bagged and placed at the curb on normal yard waste collection days.
(6) Recyclable materials. Materials for collection by the city or its contractor shall be placed in the recycling container provided by the city or its contractor. The recycling container shall be placed at the curb or side of the street, but not in the portion of the street used for vehicular travel, at a place readily accessible for collection by the city's garbage collection crews once each week on the day designated by the city for the area in which the premises are located. The recycling containers shall be so located not earlier than 6:00 p.m. the day prior to collection nor later than 8:00 a.m. on the day of the pickup and must be removed from the street location not later than 7:00 p.m. of the collection day.
(7) Residential trash. Materials for collection by the city or its contractor shall be placed at the roadside for collection. Residential trash shall be placed at the curb or side of the street, but not in the portion of the street used for vehicular travel, at a place readily accessible for collection by the city's garbage collection crews once each week on the day designated by the city for the area in which the premises are located.
(8) White goods. White goods for collection by the city or its contractor shall be placed at the curb or side of the street, but not in the portion of the street used for vehicular travel, at a place readily accessible for collection by the city or contractor garbage collection crews. Collection shall be on Friday's only and residents shall be required to call in the item to be collected to the city or its contractor.
(9) Issues outside contract services. Any materials or amounts outside this policy shall be the responsibility of the property owner or tenant to arrange for the removal of such materials or waste.
(B) Special refuse issues.
(1) Contagious disease refuse. The removal of wearing apparel, bedding, or other refuse from homes or other places where highly infectious or contagious diseases have prevailed should be performed under the supervision and direction of the North Carolina Department of Environment and Natural Resources. This refuse shall not be placed in containers for regular collections.
(2) Flammable or explosive refuse. Highly flammable or explosive materials shall not be placed in containers for regular collection but shall be disposed of as directed by the Director of Public Works at the expense of the owner or possessor thereof.
(3) Tires. Whole automobile, truck, tractor, or implement tires shall not be placed in containers for collection and will not be collected under any circumstances. Tires can be disposed of by removing the tire from the rim and depositing free of charge in the designated container(s) at the City of Albemarle Landfill.
(4) No tree limbs, stumps, logs, or other large material that cannot be readily loaded by two laborers shall be hauled by the city. No tree limbs cut by landscape or tree service contractors or workmen will be hauled by the city or its contractor.
(5) No building materials, roofing, soil, dirt, rock, or concrete will be collected or hauled by the city or its contractor.
(6) Small dead animals will be picked up at the on the designated solid waste collection day. Persons having small dead animals on Saturday, Sunday and holidays should put the animal in an airtight plastic bag and securely tie same until next available collection day.
(7) No hazardous solid or liquid waste shall be put in any receptacle for collection by the city or its contractor.
(8) Medical waste. Medical waste shall not be placed in any receptacle provided by the city or its contractor and shall not be placed out for collection by the city or its contractor.
(9) Ashes. No hot ash shall be placed in wheeled containers. All ashes set out for collection shall be cooled and be placed in plastic bags for collection.
(C) Holidays.
New Year's Day
Martin Luther King Day
Good Friday
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
The city or its contractor may decide to observe any or all of the above referenced holidays by suspension of service on the holiday. Such suspension does not relieve the city or its contractor of the obligation to provide for the collection of any materials scheduled for the designated holiday. The city or its contractor shall give notice of its holiday schedule at least ten days prior to the holiday to the general public by newspaper advertisement at least one week prior to the holiday.
(D) Collection by actual producers, franchised collectors, and outside collectors.
(1) Requirements for vehicles. The actual producers of refuse or the owners of premises on which refuse is accumulated who desire personally to collect and dispose of the refuse, persons who desire to dispose of waste material not included in the definition of refuse, the collectors of refuse under franchise granted by the City of Albemarle, and collectors of refuse from outside of the city who desire to haul over the streets of the city, shall use a water-tight vehicle provided with a tight cover and so operated as to prevent offensive odors escaping therefrom and refuse from being blown, dropped, or spilled.
(2) Rules and regulations. The Director shall have the authority to make any other reasonable regulations concerning individual collection and disposal and relating to the hauling of refuse over city streets by outside collectors and franchised collectors as he shall find necessary, subject to the right of appeal as set forth in § 41.03.
(E) Refuse property of city. Ownership of refuse material set out for collection by the city or its contractor or deposited on the city landfill shall be vested in the city.
(F) Penalty. Violations may be enforced through the provisions of § 10.84, the penalty established by § 10.99 may be enforced, or violations may be considered a nuisance by the city as provided by in § 82.16 and enforceable through §§ 82.17 and 82.18. Nothing in the above shall prohibit the pursuit of criminal procedures for remedy. A violation of this section is punishable as a misdemeanor.
(Ord. 07-01, passed 1-2-07; Am. Ord. 12-04, passed 2-6-12; Am. Ord. 22-01, passed 1-3-22)
(A) The city landfill shall be open to the public at the hours established by the Director of Public Works with approval of the City Council. No person shall be permitted to enter into, trespass on, or dump garbage or trash at the city's sanitary landfill other than during the normal operating hours posted by sign notice at the entrance gate to the sanitary landfill.
(B) Every person using the sanitary landfill shall place his refuse at a point designated by the operator of the sanitary landfill. The operator of the sanitary landfill shall make any reasonable regulations for the day-to-day operation of the landfill so as to ensure that it will be maintained in a sanitary manner satisfactory to the North Carolina Department of Environment and Natural Resources.
(C) No person shall be permitted to scavenge or salvage items from the sanitary landfill.
(D) No person other than a duly-authorized employee of the city shall be permitted to walk or stand within 50 feet of any of the equipment used for the operation of the sanitary landfill while the equipment is in operation, the motor is running, or the operator is either operating or maintaining the piece of equipment.
(E) No person shall place any refuse or waste material in the sanitary landfill which may cause any harm to the operation of the landfill or the personnel operating the landfill. This includes any flammable or explosive solid or liquid material which might give off toxic fumes.
(F) No hazardous or liquid wastes shall be accepted or disposed of in the city's sanitary landfill except as may be permitted by the North Carolina Department of Environment and Natural Resources.
(G) For any automobile, truck, tractor, or implement tires to be accepted at the landfill, tires must be removed from the rim and deposited in specified tire recycling containers.
(H) A violation of this section is punishable as a misdemeanor.
(Ord. 07-01, passed 1-2-07; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.99