CHAPTER 5
SOLID WASTE CONTROL

 

8-5-1 Purpose.	8-5-7 Littering Prohibited
8-5-2 Definitions	8-5-8 Open Dumping Prohibited
8-5-3 Sanitary Disposal Required	8-5-9 Toxic and Hazardous Waste
8-5-4 Health and Fire Hazard	8-5-10 Solid Waste Storage Containers
8-5-5 Open Burning Restricted	8-5-11 Prohibited Practices
8-5-6 Yard Waste	8-5-12 Penalty

 

8-5-1 PURPOSE.

   The purpose of this chapter pertaining to solid waste control is to provide for the sanitary storage, collection, and disposal of solid waste, yard waste, and recyclable material, and, thereby, to protect the citizens of the City from such hazards to their health, safety, and welfare as may result from the uncontrolled disposal of solid waste, yard waste, or recyclable material.

8-5-2 DEFINITIONS.

   For use in this chapter the following terms are defined:

   1.   “Bags” means any untreated paper bags acceptable under the Compost It! program administered by the Metro waste authority.

   2.   “Brush bundle” means a stack of brush or tree branches bound together with biodegradable twine, which must be no more than 18 inches in diameter, no more than four feet long, and may weigh no more than 40 pounds.

   3.   “Collection” means the transportation of solid waste or recyclable material from the place it is generated and includes all activities up to the time the waste is delivered to a sanitary disposal project for the disposal of solid waste or a recycling facility.

   4.   “Collector” means any person authorized by the City to collect, transport, and dispose of solid waste, yard waste, or recyclable material.

   5.   “Composting” means a controlled microbial degradation of organic waste to produce a relatively nuisance free product of potential value as a soil conditioner.

   6.   “Container” means a reusable receptacle constructed of plastic or metal materials used for the collection and storage of solid waste, yard waste, or recyclable material.

   7.   “Discard” means to place, cause to be placed, throw, deposit, or drop.

   8.   “Duplex” means a structure containing two dwelling units.

   9.   “Dwelling unit” means any room or group of rooms located within a structure and forming a single habitable unit with facilities which are used, or are intended to be used, for living, sleeping, cooking, and eating.

   10.   “Garbage” means all solid and semisolid, putrescible animal and vegetable waste resulting from the handling, preparing, cooking, storing, serving, and consuming of food or of material intended for use as food, and all offal, excluding useful industrial byproducts, and includes all such substances from all public and private establishments and from all residences.

   11.   “IDNR director” means the director of the Iowa Department of Natural Resources or any designee.

   12.   “Litter” means any garbage, rubbish, trash, refuse, waste materials, or debris not exceeding 10 pounds in weight or 15 cubic feet in volume. Litter includes, but is not limited to, empty beverage containers, cigarette butts, food waste packaging, other food or candy wrappers, handbills, empty cartons, or boxes.

(Code of Iowa, Sec. 455B.361[2])

   13.   “Multi-family premises” means real property on which any multi-family dwelling or combination of more than two dwelling units sharing common driveways is located.

   14.   “Multiple-family dwelling” means a structure containing more than two dwelling units.

   15.   “Owner” means, in addition to the record titleholder, 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.   “Property served” means any property which is being used or occupied and is eligible to receive solid waste collection and disposal service as provided herein.

   17.   “Recyclable material” means plastic necked bottles, plastic margarine and yogurt tubs, newspapers, magazines, mixed paper (junk mail, envelopes, sticky notes, coloring books), phone books, cereal boxes, tissue boxes, cardboard (broken down to fit in collection container), tin and aluminum cans, shredded paper placed in a paper bag, and glass jars and bottles or as may be redefined by the Metro waste authority in the administration of the Curb It! program.

   18.   “Recycling” means the separation, collection, processing, recovering, and sale or reuse of materials which would otherwise be disposed of as solid waste.

   19.   “Refuse” means putrescible and nonputrescible waste, including, but not limited to, garbage, yard waste, rubbish, ashes, incinerator residues, street cleanings, market and industrial solid waste, and sewage treatment waste in dry or semisolid form.

   20.   “Residential premises” means a single-family dwelling, duplex, townhouse, and townhouse style condominium used for residential purposes. Garden type apartments and row type housing units are considered residential premises regardless of the total number of such apartments or units which may be included in a given housing development.

   21.   “Residential waste” means any garbage, refuse, rubbish, and other similar discarded solid, liquid, semisolid, or contained gaseous material resulting from domestic activities of single-family dwelling units or duplexes.

   22.   “Rubbish” means nonputrescible solid waste consisting of combustible and noncombustible waste, such as ashes, paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, or litter of any kind.

   23.   “Sanitary disposal” means a method of treating solid waste so that it does not produce a hazard to the public health or safety or create a nuisance.

   24.   “Sanitary disposal project” means all facilities and appurtenances (including all real and personal property connected with such facilities) that are acquired, purchased, constructed, reconstructed, equipped, improved, extended, maintained, or operated to facilitate the final disposition of solid waste without creating a significant hazard to the public health or safety, and which are approved by the Director of the State Department of Natural Resources. “Sanitary disposal project” does not include a pyrolysis or gasification facility as defined in Section 455B.301 of the Code of Iowa.

(Code of Iowa, Sec. 455B.301)

   25.   “Single-family dwelling” means a structure containing one dwelling unit only.

   26.   “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 January 1, 1979.

      D.   Petroleum contaminated soil that has been remediated to acceptable State or federal standards.

      E.   Steel slag which is a product resulting from the steel manufacturing process and is managed as an item of value in a controlled manner and not as a discarded material.

      F.   Material that is legitimately recycled pursuant to Section 455D.4A of the Code of Iowa.

      G.   Post-use polymers or recoverable feedstocks that are any of the following:

         (1)   Processed at a pyrolysis or gasification facility.

         (2)   Held at a pyrolysis or gasification facility prior to processing to ensure production is not interrupted.

   27.   “Source separation” means the separation of recyclable materials from the residential waste stream at the point of waste generation.

   28.   “Toxic and hazardous waste” means waste materials, including (but not limited to) poisons, pesticides, herbicides, acids, caustics, pathological waste, flammable or explosive materials, and similar harmful waste that requires special handling and that must be disposed of in such a manner as to conserve the environment and protect the public health and safety.

(567 IAC 100.2)

   29.   “Yard waste” means any vegetable or plant waste except garbage. The term includes trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery, and yard trimmings.