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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:
(567 IAC 23.2 and 100.2)
1. Disaster Rubbish. The open burning of rubbish, including landscape waste, for the duration of the community disaster period in cases where an officially declared emergency condition exists, provided that the burning of any structures or demolished structures is conducted in accordance with 40 CFR Section 61.145.
(567 IAC 23.2[3]“a”)
2. Landscape Waste. The disposal by open burning of landscape waste (excluding lawn clippings) originating on the premises, in accordance with the following regulations:
(567 IAC 23.2[3]“d”)
A. Burn Ring. The size of 24 inches in height used only for burning of landscape waste, excluding lawn clippings.
B. Regulated Burning. The City shall allow open burning during the months of April, May, October, and November, on Thursdays, Fridays, and Saturdays from 8:00 a.m. to 8:00 p.m. All other burning that does not meet the following restrictions is prohibited.
C. Only residential landscape waste shall be burned.
D. All fires shall be at least 50 feet from any structure or building.
E. Adult supervision shall be on hand at all times.
F. A working garden hose shall be available for immediate use.
G. All fires shall be extinguished in the event of any complaints from other citizens about the smoke generated by such fire.
H. No such fires shall be maintained if weather conditions are not favorable or in the event of an order from the Fire Chief directing that the fire be extinguished.
However, the burning of landscape waste produced in clearing, grubbing and construction operations shall be limited to areas located at least one-fourth mile from any building inhabited by other than the landowner or tenant conducting the open burning. Rubber tires shall not be used to ignite landscape waste.
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 State Department of Natural Resources. Rubber tires shall not be burned in a recreational fire.
(567 IAC 23.2[3]“e”)
4. Training Fires. Fires set for the purpose of conducting 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 State Department of Natural Resources.
(567 IAC 23.2[3]“g”)
5. Controlled Burning of a Demolished Building. The controlled burning of a demolished building by the City, subject to approval of the Council, provided that the controlled burning is conducted in accordance with rules and limitations established by the State Department of Natural Resources.
(567 IAC 23.2[3]“j”)
6. Variance. Any person wishing to conduct open burning of materials not permitted herein may make application for a variance to the Director of the State Department of Natural Resources.
(567 IAC 23.2[2])
7. Burn Barrels. Burn barrels are prohibited within the City.
All yard waste shall be separated by the owner or occupant from all other solid waste accumulated on the premises and shall be composted or burned on the premises in accordance with Section 105.05(2) of this chapter or placed in special yard waste bags and set out for collection. Yard waste bags may be purchased at local locations or from the contracted garbage and recycle company. The only allowed yard waste bags are certified from the garbage and recycle company. Tree limbs and brush must measure no longer than three feet and be in a three-foot by three-foot bundle, with a yard waste bag attached for pick-up.
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.
(Code of Iowa, Sec. 455B.363)
No person shall deposit in a solid waste container or otherwise offer for collection any toxic or hazardous waste. Such materials shall be transported and disposed of as prescribed by the Director of the State Department of Natural Resources.
(567 IAC 100.2)
(567 IAC 102.13[2] and 400 IAC 27.14[2])
1. Container Specifications.
A. Residential. Residential sold waste and recycle containers are provided by the collector and available for purchase at City Hall. Residents are only allowed one recycle container and one solid waste container. If a resident chooses to switch out a container for any reason, the container fee shall apply.
B. Commercial. Every person owning, managing, operating, leasing, or renting any commercial premises where an excessive amount of refuse accumulates and where its storage in portable containers as required above is impractical, shall maintain metal bulk storage containers approved by the City.
2. Storage of Containers. Residential solid waste containers shall be stored upon the residential premises. Commercial solid waste containers shall be stored upon private property, unless the owner has been granted written permission from the City to use public property for such purposes. The storage site shall be well drained and 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.
3. Location of Containers for Collection. Containers for the storage of solid waste awaiting collection shall be placed at the curb line by the owner or occupant of the premises served. Containers or other solid waste placed at the curb line shall not be so placed more than 12 hours in advance of the regularly scheduled collection day and shall be promptly removed from the curb line following collection.
4. Nonconforming Containers. Solid waste placed in containers that are not in compliance with the provisions of this section will not be collected.
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. Interfere with Collectors. Interfere in any manner with solid waste collection equipment or with solid waste collectors in the lawful performance of their duties as such, whether such equipment or collectors be those of the City, or those of any other authorized waste collection service.
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 Commission.
4. Scavenging. Take or collect any solid waste that has been placed out for collection on any premises, unless such person is an authorized solid waste collector.
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