CHAPTER 5
SOLID WASTE COLLECTION AND DISPOSAL

SECTION:

9-5-1: Definitions

9-5-2: Direction And Control

9-5-3: Collection Of Residential Garbage And Other Refuse

9-5-4: Removal Of Commercial Garbage, Market Refuse, Other Waste

9-5-5: Preparation Of Refuse For Collection

9-5-6: Dirt And Rocks; Building Rubbish

9-5-7: Removal Of Carcasses

9-5-8: Deleterious Clothing, Bedding, Other Materials

9-5-9: Garbage Receptacles And Racks; Canisters And Pads

9-5-10: Disturbing Refuse Receptacles Or Contents

9-5-11: Burning Of Waste Prohibited

9-5-12: Imposition And Collection Of Fees And Charges

9-5-13: Penalty

9-5-1: DEFINITIONS:

Unless the context clearly requires otherwise, in this chapter, the following definitions apply:

BUILDING RUBBISH: The waste material from the construction, remodeling and repair operation on houses, commercial buildings and other structures. It comprises, among a great variety of rejected matter, excavated earth, stones, bricks, plaster, wallpaper, lumber, shingles, concrete, and waste occasioned by the installation or replacement of plumbing, heating systems, electrical work and roofing.

COMMERCIAL WASTE: The waste which originates from places engaged primarily in the sale or furnishing of goods or services.

GARBAGE: The animal and vegetable waste resulting from the handling, cooking and consumption of foods. It is composed largely of organic matter and its natural moisture content. "Garbage" originates primarily in kitchens, homes, restaurants, hotels and other places where food is cooked or consumed.

HAZARDOUS WASTE: A. A waste or combination of wastes that, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may:

      1.   Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or

      2.   Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of or otherwise managed.

   B.   Hazardous wastes do not include those substances governed by Montana Code Annotated title 81, chapter 4, part 2.

MARKET REFUSE: The refuse from wholesale and retail stores and markets resulting from the handling, storage and selling of food products. It originates principally in poultry, fish, vegetable and fruit markets and from the ordinary operation of preparing food products for sale.

REFUSE: This term is used to refer to solid waste.

RESIDENTIAL WASTE: All waste which is not included in the definition of Commercial Waste above.

SOLID WASTE: All putrescible and nonputrescible wastes, including, but not limited to, garbage, rubbish, refuse, ashes, sludge from sewage treatment plants, water supply treatment plants, or air pollution control facilities; construction and demolition wastes; dead animals, including offal; discarded home and industrial appliances; and wood products or wood byproducts and inert materials. "Solid waste" does not mean municipal sewage, industrial wastewater effluents, mining wastes regulated under the mining and reclamation laws administered by the department of environmental quality, slash and forest debris regulated under laws administered by the department of natural resources and conservation, or marketable byproducts. (Ord. 388, 10-18-1993; amd. 2006 Code)

9-5-2: DIRECTION AND CONTROL:

All matters relating to collection, removal and disposal of waste shall be done and performed under the supervision, direction, and control of the person designated to be in charge thereof by the city 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 city council. (Ord. 388, 10-18-1993)

9-5-3: COLLECTION OF RESIDENTIAL GARBAGE AND OTHER REFUSE:

   A.   Placement Of Receptacle In Alley: All residential garbage and refuse, except as herein otherwise provided, shall be deposited in the alley nearest the premises, or at a place designated by the city superintendent, in a receptacle having a lid, so that the city garbage collector may remove such garbage.

   B.   Exception To Alley Placement; List Of Properties: Where there is no alley adjacent to the premises, said garbage and refuse may be handled, kept and deposited at the place and in the manner it is being handled, kept and deposited at the effective date hereof. The city superintendent, or some person under his direction, shall prepare a list of all properties where garbage is not presently being deposited in the alley nearest the premises and a brief description of the manner in which said garbage is being handled, kept and deposited. This list, when completed, shall be delivered to the city clerk-treasurer for a permanent file. (Ord. 388, 10-18-1993)