105.01 Purpose | 105.13 Collection and Conveyance by City |
105.02 Findings | 105.14 Pre-Collection Practices |
105.03 Definitions | 105.15 City Provided Service |
105.04 Health Hazard | 105.16 Solid Waste Zones Established |
105.05 Fire Hazard | 105.17 City Direct Service Zone |
105.06 Open Burning Prohibited | 105.18 Selected Hauler Service Zone |
105.07 Littering Prohibited | 105.19 Multiple Contract Hauler Zone |
105.08 Open Dumping Prohibited | 105.20 Residential and Commercial/Industrial Service |
105.09 Hazardous Wastes | 105.21 Unpaid Fees |
105.10 Waste Storage Containers | 105.22 Savings Clause |
105.11 Sanitary Disposal Required | 105.23 Enforcement |
105.12 Prohibited Practices | |
The City makes the following specific findings:
1. The collection of solid waste from commercial, industrial, residential, and other establishments and premises within the City is a matter of serious concern to the health, welfare, and safety of the citizens of the City; and
2. Some solid waste presently being generated within the City is being transported to its ultimate disposal site in uncovered vehicles which allows the garbage to fall from the vehicle onto the road during transportation, thereby littering the road and the property adjoining the road, creating both a health and safety hazard; and
3. The mishandling of solid waste from residential, commercial, industrial, and other establishments and premises in the collection and disposal process can result in conditions which adversely affect the health, safety, and welfare of the citizens of the City and may have a serious detrimental impact on the quality of the environment; and
4. The collection of solid waste within the City is an essential public service; and
5. To better assure compliance with the requirements of Chapters 455B.301a; 455B.302; 455B.307; 455.307a; and 455D.4, it is necessary for the City to assume the overall responsibility for the collection of all waste generated within its corporate boundaries and to limit collection of said waste to the City or to such persons or companies who demonstrate that they are capable and willing to collect said solid waste in a manner deemed by the City to be responsible, sound and consistent with the sanitation and environmental practices and policies established by the State of Iowa and by the City; and
6. The City has determined that it can best achieve the goals and objectives of the City as set out in the findings above by one of the following methods:
A. City Direct Service. The Council may choose to provide service directly with City equipment and City employees.
B. Selected Hauler Service. The City may designate a zone as a selected hauler zone. Under this option, the City may receive proposals, on terms provided by this chapter, for one or a limited number of selected haulers.
C. Multiple Contract Hauler Service. The City may determine to offer standard contracts to haulers, for an initial contract period determined by the City, under which any qualified hauler may, for the contract period, enter into a nonexclusive uniform contract with the City to provide some of the City’s service within the zone. The City may choose to offer contract hauler service for residential, commercial or industrial service, or any combination of the three. The City may enter into contracts with multiple haulers for the same type of service within the same zone.
D. A combination of City Service and Private Hauler Service. The City may determine to provide services directly with City equipment and City employees for a portion of the waste stream and offer standard contracts to haulers as outlined in paragraphs B and C above.
7. The City has a duty to encourage recycling and the proper management of household hazardous waste.
8. The City has a desire to ensure that commercial and industrial hazardous wastes are also collected and disposed of according to Federal and State law.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein.
1. “Additional residential services” means services provided to residential properties at the option of the property owner in return for additional user charges.
2. “Basic residential services” means the minimum level of services provided to all residences within a Solid Waste Zone.
3. “Carroll County Waste Commission” means the commission created by the cities within Carroll County along with Carroll County pursuant to Chapter 28E of the Code of Iowa or successor statutes, for the purpose of cooperatively coordinating and managing solid waste within the Carroll County area.
4. “Commercial/Industrial” means covered solid waste collection and disposal service provided to all solid waste generators not included within the definition of “residential service” set out in subsection 19 below, and may also be referred to as nonresidential collection or service.
5. “Covered solid waste” means garbage, refuse, and other municipal solid waste from residential and nonresidential activity, including commercial and industrial activities, but does not include the following waste:
A. “Hazardous waste” as defined in this section;
B. Other waste determined inappropriate for collection and conveyance by the City. Unless otherwise determined by the City, the following waste is determined inappropriate for collection and conveyance by the City: incinerator ash; foundry sand; explosives; hospital, pathological, and biological waste; chemicals and radioactive materials; oil sludge; asbestos in identifiable quantities; cesspool or other human waste; sewage and other highly diluted, water-carried materials or substances; materials in gaseous form; human or animal remains; street sweepings; ash; mining waste; sludge; and hazardous refuse of any kind, such as cleaning fluids, crank case oils, cutting oils, paints, acids, caustics, poisons, drugs. The City may issue regulations adding or removing items from the list.
At the request of any person, the City may issue a binding interpretative ruling as to whether a particular substance constitutes “covered solid waste.”
6. “Discard” means to place, cause to be placed, throw, deposit or drop.
7. “Dwelling” means a building or portion thereof, designed or used exclusively for residential occupancy, including one-family, two-family, multiple-family dwelling units, mobile homes, agricultural dwellings, apartments, and seasonal recreational properties, but not including nursing homes, hotels, and motels.
8. “Dwelling unit” means one or more rooms in a dwelling designed for occupancy by one family for living purposes and having its own permanently installed cooking and sanitary facilities, and has its own water meter.
9. “Environmentally suitable manner” means disposal of mixed municipal solid waste in a state permitted solid waste processing, waste-to-energy, transfer or sanitary landfill disposal facility.
10. “Hazardous waste” means refuse, sludge or other waste material or combinations of refuse, sludge or other waste material in solid, semi-solid, liquid or contained gaseous form which, because of its quantity, concentration of chemical, physical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise managed. Categories of hazardous waste materials include, but are not limited to: explosives, flammables, oxidizers, poisons, irritants, and corrosives.
11. “Household hazardous waste” means waste generated from household activity that exhibits the characteristics of or that is listed as hazardous waste under State or Federal rules, but does not include waste from commercial activities that is generated, stored or present in a household.
12. “Litter” means any garbage, rubbish, trash, refuse, waste materials or debris.
13. “Open burning” means any burning of combustible materials where the products of combustion are emitted into the open air without passing through a chimney or stack.
14. “Open dumping” means the depositing of solid wastes on the surface of the ground or into a body or stream of water.
15. “Owner” means in addition to the record title holder any person residing in, renting, leasing, occupying, operating or transacting business in any premises, and as between such parties the duties, responsibilities, liabilities and obligations hereinafter imposed shall be joint and several.
16. “Person” means any human being, any municipality or other governmental or political subdivision or public agency, any public or private corporation, any partnership, firm, association, or other organization, any receiver, trustee, assigned, agent or other legal representative of the foregoing, or any other legal entity.
17. “Recycling” means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. It includes yard waste composting and recycling that occurs through mechanical or hand separation of materials.
18. “Residential property” means all improved real property in the City devoted to single-family residences, multiple-family dwelling units, mobile homes or agricultural residences.
19. “Residential service” means covered solid waste collection and disposal service provided to dwellings with four or less dwelling units.
20. “Residential waste” means any refuse generated on the premises as a result of residential activities. The term includes landscape wastes grown on the premises or deposited thereon by the elements, but excludes tires and trade wastes.
21. “Self hauler” means an individual generator disposing of his or her own covered solid waste, providing that disposal is carried out in accord with the law and applicable ordinances and in an environmentally suitable manner.
22. “Solid waste” means garbage, refuse, rubbish, and other similar discarded solid or semisolid materials, including but not limited to such materials resulting from industrial, commercial, agricultural, and domestic activities. Solid waste may include vehicles, as defined by Section 321.1 of the Code of Iowa. Solid waste does not include any of the following:
(Code of Iowa, Sec. 455B.301)
A. Hazardous waste regulated under the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6921-6934.
B. Hazardous waste as defined in Section 455B.411 of the Code of Iowa, except to the extent that rules allowing for the disposal of specific wastes have been adopted by the State Environmental Protection Commission.
C. Source, special nuclear, or by-product material as defined in the Atomic Energy Act of 1954, as amended to lstransMonth1Day1Year1979January 1, 1979.
D. Petroleum contaminated soil that has been remediated to acceptable State or Federal standards.
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