CHAPTER 50: SOLID, HAZARDOUS WASTE
Section
   50.01   Direction; control
   50.02   Definitions
   50.03   Disposal; Class I wastes
   50.04   Disposal; Class II wastes
   50.05   Disposal; Class III wastes
   50.06   Waste receptacles
   50.07   Waste collection
   50.08   Burning garbage
   50.09   Burying waste
   50.10   Hauling waste
   50.11   Accumulation of waste
   50.12   Littering
   50.13   Fees; removal of waste
§ 50.01 DIRECTION; CONTROL.
   All matters relating to collection, removal, and disposal of waste shall be done according to the direction and control of the Mayor and the Town Council in strict conformity with the provisions of this chapter and with any additional rules and regulations that may be made, from time to time, by the Town Council.
(Prior Code, § 7-3-1)
§ 50.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CLASS I SOLID WASTE. Includes, and is limited to, those solid wastes classified or identified by EPA and the state as hazardous waste. Examples may, or may not, include the following:
      (1)   Municipal and domestic wastes such as septic tank pumpings, raw sewage sludge, chemical toilet wastes, infectious medical wastes, and incinerator ashes; and
      (2)   Commercial and industrial waste such as sludges from air and water pollution control equipment, ashes and dusts from incinerators and air pollution control devices, caustic acids, waste chemicals, paint sludges, spent cleaning fluids and solvents, petroleum wastes, discarded chemical containers, chemical fertilizers, pesticides, and discarded, unrinsed pesticide containers.
(Prior Code, § 7-3-2)
   CLASS II SOLID WASTE. As defined by the state and the Environmental Protection Agency. Examples include, but are not limited to, the following:
      (1)   HOUSE REFUSE means all solid waste that normally originates in a residential environment. Minor amounts of hazardous waste are contemplated to be within the scope of this term;
      (2)    Decomposable wastes and mixed solid wastes containing decomposable material, excluding hazardous waste;
      (3)   Municipal and domestic wastes, such as garbage and putrescible organic materials, paper, cardboard, cloth, glass, metal, plastics, street sweepings, yard and garden waste, digested sewage treatment sludges, water treatment sludges, ashes, dead animals, offal, discarded appliances, and abandoned automobiles;
      (4)   Hospital and medical facility wastes, provided that infectious medical wastes have been sterilized or safely contained to prevent the danger of disease;
      (5)   Commercial and industrial wastes such as packaging materials, liquid or solid industrial process wastes, which are chemically or biologically decomposable, crop residues, manure, chemical fertilizers, and emptied pesticide containers which have been triple rinsed, or processed, by methods approved by the Department.
(Prior Code, § 7-3-3)
   CLASS III SOLID WASTES. As defined by the state and the Environmental Protection Agency, CLASS III SOLID WASTES include, but is not limited to: wood wastes and non-water soluble; essentially inert solids, such as brick, dirt, rock, concrete, or vehicle tires; and industrial mineral wastes which are essentially inert and non-water soluble, and do not contain hazardous waste constituents.
(Prior Code, § 7-3-4)
   GENERATOR. An individual, firm, partnership, family business, company, association, corporation, town, local government entity, or any other governmental or private entity, whether organized for profit or not, within the corporate limits of the town.
(Prior Code, § 7-3-5)
   HAZARDOUS WASTE. A waste or combination of wastes of a solid, liquid, contained gaseous, or semi-solid form which may, by concentration or quantity, or physical, chemical, or infectious characteristic, 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 environment when improperly treated, stored, transported, or disposed of, or otherwise managed.
(Prior Code, § 7-3-2)
   REFUSE CONTAINER. A portable facility used for the temporary storage of solid waste. Containers are emptied periodically, and the solid waste is then taken to a disposal or resource recovery facility.
(Prior Code, § 7-3-6)
   RESOURCE RECOVERY FACILITY. A facility at which solid waste is processed for the purpose of extracting, converting to energy, or otherwise separating and preparing solid waste for reuse.
(Prior Code, § 7-3-7)
   RESOURCE RECOVERY SYSTEM. A solid waste management system which provides for the collection, separation, recycling, or recovery of solid wastes, including disposal of non-recoverable waste residues.
(Prior Code, § 7-3-8)
   STORAGE. The actual or intended containment of wastes, whether on a temporary basis or for a period of years.
(Prior Code, § 7-3-9)
§ 50.03 DISPOSAL; CLASS I WASTES.
   Class I waste disposal will be handled according to all laws and regulations, and by a negotiated agreement between the Town Council and the generator.
(Prior Code, § 7-3-10)
§ 50.04 DISPOSAL; CLASS II WASTES.
   (A)   (1)   Class II wastes will include all of those wastes defined in § 50.02 of this chapter, and will include shrubbery trimmings, and tree limbs not to exceed four inches in diameter, and must be no longer than four feet in length. Tree limbs must be placed next to the refuse containers.
      (2)   Tree limbs may be hauled to the burn area by the property owner or by a hired hauler.
   (B)   Arrangements to dispose of Class II wastes will be the responsibility of the Town Council.
(Prior Code, § 7-3-11)
§ 50.05 DISPOSAL; CLASS III WASTES.
   (A)   Class III wastes may be hauled to a landfill via the generator of the waste, contractor, or a hired hauler.
   (B)   Trees and tree limbs, grass clippings, and garden waste will be accepted as Class III waste, however, this waste will have to be separated between the burn area and compost.
(Prior Code, § 7-3-12)
§ 50.06 WASTE RECEPTACLES.
   (A)   (1)   Owners or occupants of each residence or establishment shall provide a sufficient number of waste receptacles to accommodate the waste generated by the residence or establishment between collections.
      (2)   The receptacles shall meet the following requirements:
         (a)   Receptacles shall have lids;
         (b)   Receptacles shall be kept clean and in good condition, free of holes or jagged edges;
         (c)   Racks or posts shall be provided for each receptacle to prevent spillage by wind or dogs;
         (d)   If feasible, receptacles shall be placed not more than ten feet from the alley line and, if feasible, at the rear of the property;
         (e)   Separate metal receptacles shall be required for ashes and other heavy, non-combustible waste. These receptacles shall be easily lifted, and of a volume not to exceed two cubic feet; and
         (f)   Receptacles for general use shall have a capacity of not less than 15, nor more than 32, gallons.
(Prior Code, § 7-3-13)
   (B)   It shall be unlawful for any person to molest, remove, handle, go through the contents, or otherwise disturb the waste receptacles, or the content thereof, which have been properly placed for service, provided that this section shall not apply to the owner or occupant of the residence, or other building, so placing the waste in the receptacle, law enforcement, or the town. It shall also be unlawful for any person to use a waste receptacle without permission of the owner or occupant of the residence.
(Prior Code, § 7-3-15) (Ord. passed 2-8-1994) Penalty, see § 10.99
§ 50.07 WASTE COLLECTION.
   (A)   All household waste must be drained of surplus liquids, except grease, and placed in plastic bags before being deposited in waste receptacles.
   (B)   Paper and cardboard must be contained in, and weighted in, a manner to prevent blowing by the wind.
   (C)   Tree limbs must be no larger than four inches in diameter and four feet in length.
(Prior Code, § 7-3-14)
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