CHAPTER 51: SOLID WASTE
Section
   51.01   Definitions
   51.02   Collection and disposal
   51.03   Hazardous items and items requiring special handling or disposal
   51.04   Additional regulations
   51.05   Nuisance; abatement
   51.06   Village responsibility
   51.07   Area of service
   51.08   Mandatory pickup
   51.09   Open burning banned
   51.10   Solid waste removal
   51.11   Disposal of construction waste
   51.12   Garbage receptacles
   51.13   Wet garbage
   51.14   Rates
 
   51.99   Penalty
§ 51.01 DEFINITIONS.
   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 vegetable.
   HAZARDOUS WASTE. Any waste designated or defined as a hazardous waste by 128 Neb. Admin. Code §§ 001 et seq. (rules and regulations governing hazardous waste management in the state), 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.
   MUNICIPAL SOLID WASTE JURISDICTION AREA. All incorporated areas of the municipality.
   REFUSE. Putrescible and non-putrescible solid wastes, except body wastes, and include garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, industrial wastes and other such wastes.
   RUBBISH. Non-putrescible solid wastes, excluding ashes, consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, wood, glass, bedding, crockery or litter of any kind that will be a detriment to the public health and safety.
   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.
   VILLAGE or MUNICIPALITY. The Village of Phillips, Nebraska.
   YARD WASTE. Grass and leaves.
(Prior Code, § 4-201) (Ord. 2006-7, passed 6-6-2006)
Statutory reference:
   Similar provisions, see Neb. Rev. Stat. §§ 13-2012, 13-2014, 13-2016.01, 13-2020, 13-2023, 13-2026 and 81-1502
§ 51.02 COLLECTION AND DISPOSAL.
   The municipality shall provide or contract for the disposal of nonhazardous solid waste from residential, commercial, institutional and governmental premises within its solid waste jurisdiction area. Such wastes shall be disposed of on a regularly scheduled basis and shall be disposed of only in a licensed landfill facility approved by the governing body and which meets all state and federal criteria. The governing body shall approve and is authorized to contract with any such licensed landfill facility for these purposes.
(Neb. Rev. Stat. § 13-2020) (Prior Code, § 4-202)
§ 51.03 HAZARDOUS ITEMS AND ITEMS REQUIRING SPECIAL HANDLING OR DISPOSAL.
   (A)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      LAND DISPOSAL. Includes, but is not limited to, incineration at a landfill.
      NONRECYCLABLE TIRE. A press-on solid tire, a solid pneumatic shaped tire or a foam pneumatic tire.
      WASTE TIRE. A tire that is no longer suitable for its original intended purpose because of wear, damage or defect.
      YARD WASTE. Grass and leaves.
   (B)   (1)   No person shall put out any of the following items to be collected by the municipal solid waste collector for land disposal:
         (a)   Yard waste from April 1 through November 30 of each year, unless such yard waste has been separated from its source and is put out for separate collection and delivery to the landfill for the purpose of soil conditioning or composting under the conditions otherwise specified;
         (b)   Lead-acid batteries;
         (c)   Waste oil;
         (d)   Waste tires in any form except tires that are nonrecyclable. Tires are not considered disposed if they meet the requirements of Neb. Rev. Stat. § 13-2039;
         (e)   Discarded household appliances; and
         (f)   Unregulated hazardous wastes, except household hazardous wastes, which are exempt from the regulations under the state Environmental Protection Act.
      (2)   Any such items shall be disposed of only as permitted under the State Integrated Solid Waste Management Act or any amendments thereof.
(Prior Code, § 4-203) (Ord. 4-203, passed 3-2-2004)
Statutory reference:
   Similar provisions, see Neb. Rev. Stat. §§ 13-2013.02, 13-2016.01 and 13-2039
   State Environmental Protection Act, see Neb. Rev. Stat. §§ 81-1501 to 81-1532
   State Integrated Solid Waste Management Act, see Neb. Rev. Stat. §§ 13-2001 et seq.
§ 51.04 ADDITIONAL REGULATIONS.
   The governing body may, from time to time, make and adopt by ordinance such additional rules and regulations governing the use, operation and control of the solid waste collection and disposal system and the regulation of solid waste with the municipal solid waste jurisdiction area 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 municipal solid waste jurisdiction area.
(Prior Code, § 4-204)
Statutory reference:
   Similar provisions, see Neb. Rev. Stat. §§ 13-2020, 13-2023 and 13-2026
§ 51.05 NUISANCE; ABATEMENT.
   It shall be unlawful and declared to be a nuisance for any person to keep in, on or about any dwelling, building or premises, or any other place within the municipal solid waste jurisdiction area, decayed vegetable or animal substance, garbage or refuse matter of any kind that may be injurious to the public health or offensive to the residents of the municipality, unless the same is kept in approved receptacles as nearly airtight as may be practical. It shall be unlawful and declared to be a nuisance to throw or sweep into the streets, alleys, parks or other public grounds any dirt, paper, nails, pieces of glass, garbage, refuse or rubbish of any kind. No person shall permit garbage, refuse or rubbish to collect, and all persons shall remove the same within 24 hours after being notified to do so by the Board of Health.
(Prior Code, § 4-205) Penalty, see § 51.99
Statutory reference:
   Similar provisions, see Neb. Rev. Stat. §§ 13-2020, 13-2023, 13-2026 and 18-1720
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