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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. All other terms whose definitions may be reasonably in doubt shall have the same meanings as prescribed by applicable state statutes.
GARBAGE. Shall be synonymous with the term “solid waste.”
RUBBISH and REFUSE. Shall be synonymous with the term “garbage.”
SOLID WASTE. Any garbage, refuse, or sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded materials, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, and agricultural operations, and from community activities, but does not include mining waste in connection with a mine permitted under Title 45, Hazardous Waste as defined under SDCL Chapter 34A-11, or solid or dissolved materials in domestic sewage or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under § 402 of the Federal Water Pollution Control Act being 33 USC § 1342, as amended to January 1, 1989, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954 being 33 USC § 1342, as amended to January 1, 1989.
(Prior Code, § 3.0109)
(A) All garbage shall be placed in either sealed water-tight bags or inside garbage containers and kept in protective storage, except leaves and grass which are to be bagged, and set to the curb or accessible alley on or shortly before pickup.
(B) Whenever the premises in which garbage and rubbish accumulates are adjacent to a street or alley, the garbage and rubbish containers for such premises shall be kept in a location convenient and accessible to such street or alley; if the premises are not adjacent to a street or alley, the garbage and rubbish containers shall be kept on the premises in such a location that they will be readily accessible to the nearest street or alley without being unsightly and shall not accumulate garbage beyond what any such container can handle.
(C) The proprietor or operator of each trailer court, duplex, apartment house, or similar multiple-family dwelling shall furnish and maintain for the use of the tenants a sufficient number of garbage containers with covers to hold all garbage and rubbish that accumulates upon such premises in the course of a week, or he or she shall require the tenants upon said premises to furnish such containers. The place where the garbage and rubbish containers are located shall be kept clean and in a sanitary condition at all times.
(D) Every owner or person in charge of any restaurant, hotel, grocery store, wholesale or food processing establishment or any other business or commercial place having garbage or rubbish shall furnish and provide for use in connection therewith, a garbage or refuse container. Such container shall have covers for all openings, and shall be emptied often enough to prevent the same from giving off any odor or stench.
(E) Every such proprietor or operator of a trailer court, duplex, apartment house, other multiple-family dwelling or business shall locate all garbage or refuse containers in one of the following locations, all for the purpose of proper appearance and garbage control:
(1) An off-street location so the same cannot be seen or smelled by the general public;
(2) In a confined building; or
(3) Behind a suitable fence that prevents sight and smell.
(Prior Code, § 3.0101) Penalty, see § 10.99
(A) The collection of garbage and refuse in the city shall be made by city contractors or operators, who shall be subject to all local ordinances as well as all state and federal regulations.
(Prior Code, § 3.0102)
(B) Every garbage collector shall use equipment which will not permit any leakage or spilling and such truck or trailer shall be covered so that trash, garbage, rubbish, or waste will not be dropped or spilled while in transit. Any violation of this section shall be sufficient cause for revocation of the collector’s contract and in addition thereto he or she shall be guilty of a misdemeanor and subject to fine.
(Prior Code, § 3.0104) Penalty, see § 10.99
The city shall not be liable for any expense incurred through the failure of a contractor or operator or his or her agents and employees, to operate and maintain collection services in a proper and effective manner, and for any actions that may result from, or be attributed to such services performed.
(Prior Code, § 3.0103)
Statutory reference:
Nonliability of city, see SDCL § 9-32-11
The city shall provide recycling opportunities by establishing a drop-off site or sites within the city on such date(s), at such time(s), at such place(s) and in such manner(s) as the city shall advertise or otherwise apprise its residents. Recyclables shall be delivered to the drop-off site(s) by residents, and in so doing, the recyclables shall be presorted into the kinds or types specified by the city, and bagged, boxed, or otherwise packaged as the city shall require.
(Prior Code, § 3.0106)
The following materials and items shall be prohibited from being deposited in any landfill, collected by any garbage hauler, or otherwise placed in the “waste stream” by any person:
(A) Yard waste;
(B) Tires, whole or processed;
(C) Lead acid batteries;
(D) Waste motor oil;
(E) White good appliances;
(F) Officer and computer paper;
(G) Printer paper products, corrugated paper and cardboard paper; and
(H) Glass, plastic, aluminum and steel containers.
(Prior Code, § 3.0107) Penalty, see § 10.99
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