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No person shall allow, cause, or permit open burning of combustible materials where the products of combustion are emitted into the open air without passing through a chimney or stack, except that open burning is permitted in the following circumstances:
1. Disaster Rubbish. The open burning of rubbish, including yard waste, for the duration of the community disaster period in cases where an officially declared emergency condition exists.
2. Flare Stacks. The open burning or flaring of waste gases, provided such open burning or flaring is conducted in compliance with applicable rules of the Iowa Department of Natural Resources.
3. Recreational Fires. Open fires for cooking, heating, recreation, and ceremonies, provided they comply with the limits for emission of visible air contaminants established by the Iowa Department of Natural Resources. Rubber tires shall not be burned in a recreational fire.
4. Training Fires. Fires set for the purpose of bona fide training of public or industrial employees in firefighting methods, provided that the training fires are conducted in compliance with rules established by the Iowa Department of Natural Resources.
5. Variance. Any person wishing to conduct open burning of materials not permitted herein may make application for a variance to the IDNR Director.
All yard waste shall be separated by the owner or occupant from all other solid waste accumulated on the premises. For residential premises, the owner or occupant may either compost such yard waste on the premises or place it in paper bags, bundles, or containers in accordance with the requirements of the Metro waste authority Compost It! program or the City/Metro waste authority premium yard waste program.
1. Collection. For residential premises, persons choosing not to manage yard waste on their own property may place yard waste in brown paper bags which are imprinted with the Compost It! logo (as a part of the Compost It! program) or affix a Compost It! sticker to a brown paper bag. Brush bundles may also be placed for yard waste pick up provided that a Compost It! sticker is attached to the brush bundle and the brush bundle complies with the length, diameter, and weight restriction contained in the definition of brush bundle. Compost It! bags and stickers may be purchased at participating grocery, hardware, and convenience stores. The number of bags and brush bundles which residents may place out for collection is unlimited, provided that a Compost It! sticker is attached to each bag or bundle. In the alternative, the owner of a residential premises may choose to participate in the premium yard waste collection program in which a resident purchases a sticker for the season from the City in order to be permitted to use a plastic wheeled container to collect yard waste for pick up by the authorized collector of yard waste.
2. Composting. Back yard composting of yard waste is encouraged. Owners and occupants are encouraged to accumulate, upon property under their respective control, such quantities of leaves or yard debris as can be properly composted in a composting area (having at least three sides) or composting bin without creating offensive odors, litter, fire, or vector problems. Composting areas or bins must be located in a back yard, outside the boundaries of any easement areas, and no closer than five feet to the rear property line and no closer than two feet to any side property lines. Such composting so carried out shall be deemed to be an alternative disposition of the disposal of yard waste in satisfaction of any requirement in this section.
3. Violations. It is prohibited and will be deemed a violation hereof for any owner, lessee, or occupant of any residential, commercial, or institutional property in the City to put into or cause to be put into the solid waste collection system of the City any yard waste.
No person shall discard any litter onto or in any water or land, except that nothing in this section shall be construed to affect the authorized collection and discarding of such litter in or on areas or receptacles provided for such purpose. When litter is discarded from a motor vehicle, the driver of the motor vehicle shall be responsible for the act in any case where doubt exists as to which occupant of the motor vehicle actually discarded the litter.
No person shall dump or deposit or permit the dumping or depositing of any solid waste or yard waste on the surface of the ground or into a body or stream of water at any place other than a sanitary disposal project, unless a special permit to dump or deposit solid waste or yard waste on land owned or leased by such person has been obtained from the Iowa Department of Natural Resources. However, this section does not prohibit composting yard waste in accordance with this chapter or prohibit the use of dirt, stone, brick, or similar inorganic material for fill, landscaping, excavation, or grading at places other than a sanitary disposal project.
No person shall deposit in a solid waste container or otherwise offer for collection of any toxic or hazardous waste. Such materials shall be transported and disposed of as prescribed by the Iowa Department of Natural Resources. As used in this section, “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 which requires special handling and which must be disposed of in such a manner as to conserve the environment and protect the public health and safety.
1. Container Specifications. Solid waste storage containers shall comply with the following specifications:
A. Residential. The single collector contracted by the City to collect solid waste from residential premises (“solid waste collector”) shall provide and deliver to the resident, at no cost to the resident, one plastic solid waste collection container. If a resident requests a second waste container, a second monthly fee will be charged to the resident. All residents must use the plastic solid waste collection container provided by the solid waste collector for storage and collection of solid waste. Extra trash bags not placed in the waste collection container provided by the solid waste collector will be picked up by the solid waste collector if the trash bags have a trash bag tag sticker (“TBT sticker”) attached. A TBT sticker authorizes the pick-up of a 33-gallon trash bag or box, which shall not weigh more than 35 pounds. A large item that does not fit in a 33-gallon trash bag or box must have a large item sticker (“LI sticker”) attached. The solid waste collector shall be responsible for the sale of TBT stickers and LI stickers to residents.
B. Commercial. Every person owning, managing, operating, leasing, or renting any commercial premises shall maintain metal bulk solid waste storage containers in good working order.
2. Storage of Containers. Residential solid waste containers shall be stored upon the residential premises. Residential solid waste containers may not be stored in the front yard or secondary front yard, as such terms are defined in Title 11, Chapter 2 of this Code, of residential premises, except in cases of hardship and when the owner has been granted written permission from the City Manager or their designee to store waste containers in an alternate location. Commercial solid waste containers shall be stored upon private property, unless the owner has been granted written permission from the City Manager or their designee to use public property for such purposes. The storage site shall be well drained; fully accessible to collection equipment, public health personnel, and fire inspection personnel. All owners of residential and commercial premises shall be responsible for proper storage of all garbage and yard waste to prevent materials from being blown or scattered around neighboring yards and streets. Trash shall be bagged before it is placed in the residential solid waste containers in order to minimize blowing or loss of material when the containers are emptied.
3. Location of Containers For Collection. The owner or occupant of each single- or two-family dwelling using solid waste collection service at the curb shall place the containers storing solid waste and bags and bundles of “yard waste” at the curb, as defined herein, not earlier than 5:00 p.m. on the day preceding the regularly scheduled collection day. For purposes of this section, placing a container “at the curb” means placing the solid waste container such that the side of the container with the metal bar is at least 18 inches from the curb or from the edge of the road, if there is no curb. Yard waste bags and bundles and Curb It! recycling containers shall all be located at least three feet away from the solid waste container.
4. Removal of Containers from Curb or Edge of Roadway. After collection, the owner or occupant of each single- or two-family dwelling shall remove all empty solid waste containers from the curb or from the edge of the road, as applicable, on the same day as the scheduled collection day.
5. Assistance for the Physically Impaired. In the event all occupants of a single- or two-family dwelling are physically impaired to the extent that no occupant can place the containers storing solid waste at the curb, the City may, upon application by the occupant, authorize house side collection service. For residents electing house side collection service, containers for solid waste and recyclable materials shall be placed outdoors for collection at some easily accessible place not more than 10 feet from the front of a single- or two-family dwelling, or a garage serving such building, on the regularly scheduled collection day. The collector shall return all containers at the curb of the single- or two-family dwelling, whether the resident elects collection at the curb or house side. The collector shall place all empty containers at the curb in a location that does not block ingress or egress to any driveways.
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. Interference with Collectors. Interfere in any manner with solid waste collection equipment or with solid waste collectors in the lawful performance of their duties.
3. Incinerators. Burn rubbish or garbage except in incinerators designed for high temperature operation, in which solid, semisolid, liquid, or gaseous combustible refuse is ignited and burned efficiently, and from which the solid residues contain little or no combustible material, as acceptable to the environmental protection agency.
4. Scavenging. Take or collect any solid waste which has been placed out for collection on any premises, unless such person is an authorized solid waste collector.
5. Unlawful Disposal. Dispose of refuse at any facility or location which is not a sanitary disposal project.
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