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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GARBAGE. Rejected food wastes, including waste accumulation of animal, fruit, or vegetable matter used or intended for food or that attend the preparation, use, cooking, dealing in, or storing of meat, fish, fowl, fruit, or vegetables.
(Neb. RS 81-1502)
HAZARDOUS WASTE. Any waste designated or defined as a hazardous waste by N.A.C. Title 128 - Rules and Regulations Governing Hazardous Waste Management in Nebraska, which for purposes or general definition is a SOLID WASTE which, because of 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, disposed of, or otherwise managed.
(Neb. RS 81-1502)
REFUSE. Putrescible and non-putrescible solid wastes, except body wastes, and includes garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, and solid market and industrial wastes.
(Neb. RS 81-1502)
RUBBISH. No putrescible solid wastes, excluding ashes, consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, or litter of any kind that will be a detriment to the public health and safety.
(Neb. RS 81-1502)
SOLID WASTE. Any garbage, refuse, or sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, and mining operations, and from community activities.
(Neb. RS 81-1502)
(Ord. 2019-02, passed 6-12-2019; Am. Ord. 2022-07, passed 6-14-2022)
(A) The village, to more effectively promote and protect the public health and public welfare, hereby reserves unto itself the exclusive right to provide or contract for the collection and disposal of nonhazardous solid waste from residential premises within its solid waste jurisdiction area.
(B) The village may contract with independent contractors to provide for the collection and disposal of nonhazardous solid waste. Any contractor shall enter into a written agreement with the village, which agreement shall provide for the rates to be charged and other terms and conditions as may be required by the Board of Trustees. All franchises issued pursuant to this section shall be exclusive to residential premises and be for a period up to five years.
(C) It shall by unlawful for any person to haul for hire, other than a person granted a contract pursuant to this section, any solid waste, garbage, refuse, or rubbish within the village or away from the village. This section shall not apply to any person who elects to haul, transport, and dispose of his or her own solid waste, garbage, refuse, or rubbish, who may do so in accordance with the rules and regulations established by the Board of Trustees and only at a licensed landfill facility approved by the Board of Trustees. This section shall not be construed to prevent any person from collecting and hauling material from the village to be recycled.
(D) Any franchise granted pursuant to this section shall not be deemed a property right and may not be transferred to any person. Any sale of a solid waste collection and disposal business may not transfer any franchise issued pursuant to this section. Any person desiring to obtain a franchise must make application to the Board of Trustees.
(E) The Board of Trustees may, for cause, revoke a franchise after providing the franchisee with notice of the charges therefore and after a public hearing thereon by the Board of Trustees.
(F) The wastes shall be collected on a regularly scheduled basis and shall be disposed of only in a licensed landfill facility approved by the Board of Trustees which meets all state and federal criteria. The Board of Trustees shall approve and authorize any contract with any licensed landfill facility for these purposes.
(G) The Board of Trustees may, from time to time, make and adopt by ordinance additional rules and regulations governing the use, operation, and control of the solid waste collection and disposal system as it may deem necessary to promote the efficient operation and management of the system and to protect the environment and the health, safety, and welfare of all persons within the village's solid waste jurisdiction area.
(Ord. 2019-02, passed 6-12-2019; Am. Ord. 2022-07, passed 6-14-2022)
Every residential building or premises in the village's solid waste jurisdiction area which is served by the village's water and sewer system shall be served by the solid waste collection and disposal service system offered by the village and shall be subject to the assessment and payment of charges for the service as set from time to time by the Board of Trustees. The village may also agree to provide the service to persons who do not live within the corporate limits of the village but who are served by the village's water and sewer system or who are within such close distance to the corporate limits of the village as to make the service economical and practical for the village and its contracted haulers. Charges for solid waste disposal services shall be billed and collected in the same manner as utility bills.
(Ord. 2019-02, passed 6-12-2019; Am. Ord. 2022-07, passed 6-14-2022)
If the charges for solid waste collection and disposal service established pursuant to § 172.072 are not paid when due, the sum may be recovered by the village in a civil action or it may be certified to the County Treasurer and assessed against the premises served and collected or returned in the same manner as other taxes are certified, assessed, collected, and returned.
(Ord. 2019-02, passed 6-12-2019; Am. Ord. 2022-07, passed 6-14-2022)
Any person, firm, or corporation within the village's solid waste jurisdiction area who generates or creates hazardous waste or waste requiring special handling or disposal shall be responsible for the transportation and disposal of the same. All handling and disposal shall in all respects comply with state and federal laws and regulations pertaining to the specific type of waste generated.
(Ord. 2019-02, passed 6-12-2019; Am. Ord. 2022-07, passed 6-14-2022)
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