(a) Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
(1) “Certificated hauler” means a person, firm, corporation or other legal entity holding a proper certificate of convenience and necessity issued by the Public Service Commission of the State of West Virginia to engage in the general business of solid waste disposal in accordance with the statutes, rules and regulations promulgated and enforced by the Public Service Commission of the State of West Virginia and whose rates, fees and charges are subject to the regulation of the said Public Service Commission.
(2) “Garbage” means putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, serving or consumption of food and food containers.
(3) “Refuse” means discarded waste materials in a solid or semi-liquid state, consisting of garbage, rubbish or a combination thereof.
(4) “Refuse collection” means the gathering of refuse as placed at the curbs of streets for pick-up and loading into any collection vehicles operated by a properly certificated hauler operating in accordance with rules and regulations of the Public Service Commission of the State of West Virginia as the same now or hereafter may be in effect.
(5) “Refuse disposal” means the disposition of refuse in accordance with this article.
(6) “Refuse removal” means the hauling and transportation of refuse from point of collection to point of disposal.
(7) “Rubbish” means non-putrescible solid wastes consisting of combustible and noncombustible materials including leaf wastes.
(8) “Solid waste” means garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semi-solid or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments or from community activities.
(9) “Yard (green) waste” means leaves, garden residues, shrubbery and tree trimmings, and similar material, including grass clippings.
(b) Mayor Ex Officio Sanitation Inspector. The Mayor shall be ex officio sanitation inspector and shall have authority to prescribe, publish, promulgate and enforce any and all reasonable rules and regulations deemed by him necessary or proper, consistent with this article and other ordinances, to carry out the objects and purposes thereof and for the safety and health of the residents of the Town in respect of the collections, removal and disposal of refuse.
(c) Who to Collect Refuse. On and after the effective date of this article, the owner of each business establishment within the Town of Eleanor and the occupier of each residence whether single family, manufactured housing, apartment, room or otherwise, shall contract with a certificated hauler for the collection, transportation and disposal of all refuse, raw garbage or prepared garbage generated at such business or residential unit.
(1) It shall be the mandatory duty of each such person to prepare the refuse, raw garbage or prepared garbage so generated for collection, transportation and disposal in accordance with the rules and requirements of such certificated hauler and to pay to such certificated hauler such fees and charges for said collection, transportation and disposal as are from time to time approved by the Public Service Commission of West Virginia.
(2) The entry of such contract arrangement with a certificated hauler shall be mandatory upon all residents and business owners within the Town of Eleanor and such agreement shall require the collection, transportation and disposal of said materials not less than one time during each seven consecutive day period.
(3) No person, except a certificated hauler, shall engage in or conduct the business of collection, transportation or disposal of refuse, raw garbage or prepared garbage within the corporate limits of the Town of Eleanor.
(d) Storage of Refuse. No person shall store or permit the storage of refuse on or about his premises, or the premises occupied by him, unless such refuse is kept in standard containers for refuse and garbage.
(e) Use of Plastic Bags. Garbage and refuse shall be placed in opaque plastic bags and properly secured to prevent spillage.
(f) Collection. No person shall collect any garbage or refuse from any residential district as defined by the Town Council or within two hundred feet therefrom, in the Town between the hours of 9:00 p.m. and 6:00 a.m., it being the finding of the Town Council that such collections during the prohibited hours would disturb the peace, good order and quiet of such residential districts.
(g) Open Burning. No person shall dispose of refuse within the Town of Eleanor by open burning in containers, drums, barrels, on the ground or any other means of containment.
(h) Permit for Burning. Where burning of solid waste or yard waste is deemed to be necessary, a permit for such burning may be issued by the State of West Virginia Division of Forestry. (Ord. 96-07. Passed 12-5-96.)