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It is unlawful for any person to:
1. Unlawful Use of Containers. Deposit refuse in any solid waste containers not owned by such person without the written consent of the owner of such containers.
2. Interfere With Collectors. Interfere in any manner with solid waste collection equipment or with solid waste collectors in the lawful performance of their duties as such, whether such equipment or collectors be those of the City, or those of any other authorized waste collection service.
3. Radioactive Material. Dispose of radioactive material in sanitary disposal project. Luminous timepieces are exempt.
4. Unlawful Collection. Engage in the business of collecting, transporting, processing or disposing of solid waste within the City without a contract therefor with the City or a valid permit therefor.
5. Incinerators. Burn solid waste except in approved incinerators so maintained and operated as to prevent the emission of objectionable odors or particulate matter.
The City hereby establishes a public collection and transportation system which shall be administered as provided by law and ordinance. The collection and transportation system established herein covers collection of covered solid waste from all residential, commercial, industrial and other properties within the City and its transport to the point of disposal.
1. Application to all Covered Solid Waste. All covered solid waste generated or accumulated in the City shall be collected and conveyed to point disposal of by the City through the public collection system, except as expressly exempted in this chapter. No person shall collect or convey any covered solid waste in the City, except as expressly exempted in or authorized by this chapter.
2. City to Supervise Collection. The City’s public collection and transportation system will be managed by the City Manager. The City has the authority to interpret the provisions of this chapter and implement reasonable standard policies which are consistent with the terms of this chapter.
3. Exception for Transport Through City. This chapter does not prohibit collectors or haulers of solid waste generated in, or accumulated within, other cities, counties, or states from transporting such solid waste for disposal through or to the City in an otherwise lawful manner. This exception does not relieve such collectors or haulers from complying with other laws governing such transport or disposal.
4. Temporary Exemption for Haulers Under Contract with the City. Haulers under contract with the City as of the date of adoption of the ordinance codified in this chapter shall be exempt from this chapter during the original term of the contract. This exemption shall expire upon termination or expiration of the contract.
1. Waste Reduction. The City is committed to encouraging waste reduction wherever possible, and the City shall endeavor to administer this chapter in a way it protects the environment and the public, and provides the most practical and beneficial use of the materials and energy values of solid waste implementing whenever possible goals set out in Chapter 455B.301a of the Code of Iowa, to wit:
A. Volume reduction at the source.
B. Recycling and reuse.
C. Other approved techniques of solid waste management, including but not limited to combustion with energy recovery, combustion for waste disposal, and disposal at sanitary landfills. In addition the City shall utilize the capabilities of private enterprise as well as the services of the City to accomplish the desired objectives of an effective solid waste management program, in such a manner to best meet the goals for waste stream reduction set out in Chapter 455B.3 of the Code of Iowa, including encouraging recycling for residential and nonresidential waste generators.
2. Prohibited Storage. No person shall place any solid waste in any street, alley, road, highway or other public place, or upon any private property (whether owned by such person or not) within the City, except in proper containers for collection under this chapter, or under express approval granted by the City, nor shall any person throw or deposit any solid waste in any stream or other body of water.
3. Unauthorized Accumulation or Deposit of Solid Waste. The unauthorized accumulation, deposit or handling of solid waste not otherwise covered by this chapter or successor ordinance is hereby prohibited. The City may, by written notification, require the owners or occupants of property to remove any unauthorized accumulation or deposit of solid waste in the City within a period not to exceed ten (10) days. If the unauthorized accumulation or deposit of solid waste is not removed within the specified time, the City may provide for removal of the accumulation or deposit of solid waste at the owner’s or occupant’s expense. The City shall then cause the expense to be a lien on the property and collected as property taxes. This action shall not preclude the City from seeking civil or criminal penalties from persons responsible for unauthorized accumulations of deposits of solid waste.
A. Proper Storage. No persons shall store solid waste in such a manner that it may be carried or deposited by the elements upon any public or private premises. The owner, lessee and occupant of any premises, business establishment or industry shall be responsible for the satisfactory storage of all solid waste accumulated at such person’s premises, business establishment or industry. No building, structure, area, or premises shall be constructed or maintained for human occupancy, use or assembly without adequate facilities for sanitary and safe storage and collection of all solid waste.
B. Household Hazardous Waste and Problem Materials. The City residents shall be encouraged to dispose of household hazardous waste and problem materials through a Regional Collection Center for household hazardous waste, or other service provided through the Commission.
The City will establish Solid Waste Collection Zones for residential and commercial and industrial waste. The method of City collection applicable in any zone will be established by ordinance of the Council, as described in this chapter.
1. Service to All Properties. Every property shall receive, and the owner or occupant thereof shall pay a fee for, collection and disposal of solid waste and recyclables. Self-hauling of covered solid waste may be allowed, provided that the collection, transportation and disposal are carried out in accord with the law and applicable ordinances and in an environmentally suitable manner.
2. Solid Waste Zones – Service Options. As part of initial passage of the ordinance codified in this chapter, the Council will establish solid waste zones for the City. The Council will adopt a service option for each zone. In determining the appropriate option, the Council will consider the environmental, economic and geographic circumstances of each zone and will consider the views of residents and business. The Council may, after notice and hearing, from time to time adopt revisions in the service option for one or more zones.
3. Service Options. In each zone, the Council may adopt any of the following service options:
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.
4. Regional Cooperation. Upon approval of the Council, the City may enter into joint powers agreements pursuant to Chapter 28E of the Code of Iowa, or successor statutes.
The following solid waste zones are hereby established.
1. Residential Zones. The residential zones set out in Appendix A to this chapter are hereby adopted as the residential collection zones under this chapter.
2. Commercial and Industrial Zones. The commercial and industrial zones set out in Appendix B are hereby adopted as the commercial and industrial zone(s) under this chapter.
3. Resolution Determining Method of Collection and Conveyance. The Council may by resolution establish the mechanism for collection and conveyance of covered solid waste for each solid waste zone. The City may select any of the service options described in this chapter and may by resolution establish the fees applicable to that service.
4. Different Service Options May Apply to Different Waste Categories. The City may determine that different categories of covered solid waste will be collected using different methods of collection in the same zone.
5. Factors Involved in Determination. In deciding which service option should be used in a zone, the Council may consider any factors affecting the public interest, including environmental and public health factors and the expressed preferences of citizens of the zone. The Council may also consider whether the selection provides the most economical conveyance and best service.
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