CHAPTER 2
ELKO MUNICIPAL SOLID WASTE AND RECYCLABLE MATERIAL CODE
ELKO MUNICIPAL SOLID WASTE AND RECYCLABLE MATERIAL CODE
SECTION:
9-2-1: Short Title
9-2-2: Definitions
9-2-3: Deposit Upon Public Place
9-2-4: Collection And Disposal
9-2-5: Receptacles
9-2-6: Scavengers
9-2-7: Vehicles Transporting Solid Waste
9-2-8: Fly Breeding Conditions
9-2-9: Right Of Entry
9-2-10: Conflict With Other Codes Or Ordinances
9-2-11: Enforcement
9-2-12: Collection And Hauling Of Refuse
9-2-13: Rates To Be Charged
9-2-14: Failure To Remove
9-2-15: Status Of Dumped Material
9-2-16: Operation Of City Landfill
9-2-17: Certain Acts Unlawful
9-2-18: Violation And Penalty
9-2-19: Remedies Cumulative
9-2-20: Council To Make Regulations
9-2-21: City Landfill User Fee
9-2-22: Repeal Of Ordinances And Resolutions
For the purposes of this chapter and any franchise collection agreement, the following words and phrases shall, when used in this chapter, have the meaning respectively ascribed to them by this section:
BULKY ITEMS: Furniture, household or industrial appliances, shipping crates and containers, and other large bulky or heavy objects not normally discarded on a regular basis at residential, commercial or industrial premises.
CITY: The city of Elko, Nevada, a municipal corporation, and all of the territory lying within the municipal boundaries of the city as presently existing or as such boundaries may be modified during the term.
COLLECTION: Collection of municipal solid waste (MSW) and its transportation to a disposal site.
COMMERCIAL PREMISES: Any premises occupied by stores, offices and other commercial facilities providing goods or services.
CONSTRUCTION AND DEMOLITION WASTE: Includes waste building materials, packaging and rubble resulting from construction, remodeling, repair and demolition operations on pavement, houses, commercial buildings and other structures.
CONTRACTOR: The contractor to whom the MSW collection contract is granted.
DELIVERY: "Delivery" of MSW by a waste generator shall be deemed to occur when MSW is deposited in a receptacle or at a location that is designated for collection pursuant to this chapter, or is otherwise discarded.
DISPOSAL CHARGE: The portion of the rates to cover payment of landfill or transfer station tipping fees.
DISPOSAL SITE: The solid waste facility or facilities designated by the city for the ultimate disposal (by the contractor) of MSW collected by the contractor. The disposal site may include, but is not limited to, a solid waste landfill, a solid waste transfer or processing station, or a combination thereof.
ENVIRONMENTAL LAWS: All federal and state statutes and county and city ordinances concerning public health, safety and the environment including, by way of example and not limitation, the comprehensive environmental response, compensation and liability act of 1980, 42 United States code section 9601 et seq.; the resource conservation and recovery act, 42 United States code section 6901 et seq.; the federal clean water act, 33 United States code section 1351 et seq.; the occupational safety and health act, 29 United States code section 651 et seq.; as currently in force or as hereafter amended, and all rules and regulations promulgated thereunder.
GARBAGE: All kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of foodstuffs.
HAZARDOUS WASTE: A waste, or combination of wastes, which because of its quantity, concentration or physical, chemical or infectious characteristics, may do either of the following: a) cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; b) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of or otherwise managed. "Hazardous waste" includes all substances defined as hazardous waste, extremely hazardous waste or acutely hazardous waste identified and listed as hazardous waste by the U.S. environmental protection agency pursuant to the resource conservation and recovery act, 42 United States code section 6901 et seq.
INDUSTRIAL PREMISES: Premises occupied by manufacturing operations and other industrial facilities.
INSTITUTIONAL PREMISES: Premises occupied by educational, healthcare, correctional, research and other similar facilities.
MUNICIPAL SOLID WASTE (MSU): A. All discarded putrescible and nonputrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition wastes, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes and other discarded substances or materials.
B. MSW does not include: 1) hazardous waste; 2) low level radioactive waste; 3) untreated medical waste which is regulated pursuant to the medical waste management act; or 4) recyclable materials which can be segregated from other waste material.
OFFICER: Includes any elected or appointed member of the city of Elko government.
OWNER: The person holding legal title to the real property constituting the premises to which MSW collection service is to be provided under this agreement.
PERSON: An individual, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.
PREMISES: Any land or building in the city where MSW is generated or accumulated.
RECYCLABLE MATERIALS: Materials which are capable of being recycled and which may be segregated from other waste material for collection and recycling, rather than collection and disposal.
RECYCLE/RECYCLING: The process of collecting, sorting, cleaning, treating and reconstituting materials that would otherwise become MSW and returning these materials to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards to be used in the marketplace.
REFUSE: Includes garbage and rubbish.
RESIDENTIAL PREMISES: Single-family homes, townhouses, multi- unit buildings such as apartments and condominiums, and mobile home parks.
RUBBISH: Nonputrescible solid wastes such as ashes, paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, plastics, and rubber byproducts.
SEGREGATED FROM OTHER WASTE MATERIAL: A. The placement of recyclable materials in separate containers by the waste generator, or other person;
B. The binding of recyclable materials separately from other waste material by the waste generator, or other person;
C. The physical separation of recyclable materials from other waste material by the waste generator, or other person.
TERM: The term of this agreement.
TON: A short ton of two thousand (2,000) pounds avoirdupois.
WASTE GENERATOR: The owner or occupant of premises which initially produce MSW. (Ord. 479, 12-10-1996)
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