CHAPTER 50: SOLID WASTE MANAGEMENT
Section
General Provisions
   50.01   Definitions regarding garbage/trash collection and disposal
   50.02   Dumping or disposal of garbage and rubbish
Garbage Disposal System
   50.15   Establishment
   50.16   Manager of Public Works to direct operations
   50.17   Schedules, rules, and regulations
   50.18   Charges for service
   50.19   Billings; when due; remedies for nonpayment
   50.20   Revenues to be paid into Garbage Account Fund
   50.21   Contracting for service
   50.22   Prohibitions
   50.23   Prohibited practices
   50.24   Standards for residential, commercial, institutional and industrial use storage containers
   50.25   Air tight containers
   50.26   Storage containers not in compliance
   50.27   Authority for collectors to enter private property
   50.28   Collector’s responsibility defined
   50.29   Hazardous waste
   50.30   Rules and regulations
   50.31   Permits
 
   50.99   Penalty
GENERAL PROVISIONS
§ 50.01 DEFINITIONS REGARDING GARBAGE/TRASH COLLECTION AND DISPOSAL.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BUSINESS, SMALL . Any business that disposes of (based upon a two (2) week average) less than one (1) cubic yard of solid waste per pickup shall be deemed a small business. This determination shall be made by the Public Works Manager
   BUSINESS, LARGE . Any business that disposes of (based upon a two (2) week average) more than one (1) cubic yard of solid waste per pickup shall be deemed a large business. This determination shall be made by the Public Works Manager.
   COLLECTION . Removal of solid waste from the designated pick-up location to the transfer vehicle. Acceptable collection practices shall consist of the following: door-to-door household collection and/or direct access to a staffed convenience center or transfer facility.
   COLLECTION BOX . An unstaffed receptacle utilized to collect municipal solid waste.
   COMMERCIAL SOLID WASTE . All types of solid waste generated by stores, offices, restaurants, warehouses and other service and nonmanufacturing activities, excluding households and industrial solid waste.
   DEMOLITION AND CONSTRUCTION WASTE . Materials resulting from the construction or destruction of residential, industrial or commercial structures.
   DIRECTOR . The director for the Solid Waste Management Program of the city shall be the City Manager.
   DISPOSAL . The discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment, be emitted into the air or be discharged into any water, including groundwaters.
   DISPOSABLE SOLID WASTE CONTAINER . Disposable plastic or paper sacks with a capacity of ten (10) to thirty five (35) gallons specifically designed for storage of solid waste.
   DWELLING UNIT . Any room or group of rooms located within a structure and forming a single habitable unit with facilities which are used or are intended to be used for living, sleeping, cooking and eating.
   GENERATOR . Any person, by site, whose act or process produces waste.
   GOVERNING BODY . The City of Pikeville, its Mayor, Commissioners, and Manager.
   HAZARDOUS WASTE . Any waste or combination of wastes which are determined by the city because of its quantity, concentration or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed.
   HOUSEHOLD WASTE . Solid waste, including garbage and trash generated by single and multiple family residences, hotels, motels, and recreational areas such as picnic areas, parks and campgrounds.
   MATERIALS RECOVERY FACILITY . A solid waste management facility that provides for the extraction from solid waste of recyclable materials suitable for use as a fuel or soil amendment, or any combination of those materials.
   MULTI-FAMILY RESIDENTIAL UNIT . A housing facility containing more than one (1) dwelling unit under one (1) roof.
   MUNICIPAL SOLID WASTE REDUCTION . Source reduction, waste minimization, reuse, recycling, composting and materials recovery.
   OCCUPANT . Any person who, alone or jointly or severally with others, shall be in actual possession of any dwelling unit or any other improved real property, either as an owner or as a tenant.
   RECYCLING . Any process by which materials which would otherwise become solid waste are collected, separated or processed and reused or returned to use in the form of raw materials or products, including refuse-derived fuel when processed in accordance with administrative regulations established by the city, but does not include the incineration or combustion of materials for the recovery of energy.
   RESIDENTIAL DWELLING UNIT . A building or portion thereof, providing complete housekeeping facilities for one person or one family.
   RESIDENTIAL SOLID WASTE . Solid waste resulting from the maintenance of dwelling units.
   SANITARY LANDFILL . A permitted facility for the disposal of solid waste which complies with the ENVIRONMENTAL PERFORMANCE STANDARDS .
   SOLID WASTE . Any garbage, refuse, sludge and other discarded material, including solid, liquid, semi-solid or contained gaseous material resulting from industrial, commercial, mining (excluding coal mining wastes, coal mining by-products, refuse and overburden), agricultural operations, and from community activities but does not include those materials including, but not limited to, sand, soil, rock, gravel or bridge debris extracted as part of a public road construction project, recovered material, special wastes, solid or dissolved material in domestic sewage, manure, crops, crop residue or a combination thereof which are placed on the soil for return to the soil as fertilizers or soil conditioners, or solid or dissolved material in irrigation return flows or industrial discharges which are point sources subject to permits, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended.
   SOLID WASTE MANAGEMENT . The administration of solid waste activities: collection, storage, transportation, transfer, processing, treatment and disposal, which shall be in accordance with the city approved solid waste management plan.
   SOLID WASTE MANAGEMENT AREA or AREA . Any geographical area established or designated by the city in accordance with the city limits or boundaries.
   SOLID WASTE MANAGEMENT FACILITY . Any facility for collection, storage, transportation, transfer, processing, treatment or disposal of solid waste, whether such facility is associated with facilities generating such wastes or otherwise, but does not include a container located on property where solid waste is generated and which is used solely for the purpose of collection and temporary storage of that solid waste prior to off-site disposal, or a recovered material processing facility which is subject to regulations for control of environmental impacts and to prevent any public nuisance.
   SOLID WASTE MANAGEMENT PLAN . A document submitted by a waste management district and approved by the city.
   SOLID WASTE SITE OR FACILITY . Any place at which solid waste is managed, stored, treated, processed or disposed.
   SOLID WASTE STORAGE/CONTAINER . Receptacle used by any person to store solid waste during the interval between solid waste generation and collection. A solid waste container is made out of plastic, vinyl or metal, ranging in size from about ten (10) gallons to thirty five (35) cubic yards in size.
   STORAGE . The containment of wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such wastes.
   TRANSFER . The placement of solid waste from smaller collection vehicles into larger vehicles for transportation to intermediate or final disposal facilities.
   TRANSFER STATION . Any transportation related facility including loading docks, parking areas and other similar areas where shipments of solid waste are held or transferred during the normal course of transportation.
   TRANSPORTATION . Any off-site movement of waste by any mode, and any loading, unloading, or storage incidental thereto.
   TREATMENT . Any method, technique, or process including neutralization, designed to change the physical, chemical or biological character or composition of any waste so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage or reduced in volume. Such term includes any activity or processing designed to change the physical form or chemical composition or hazardous waste so as to render it nonhazardous.
   UNIVERSAL COLLECTION . A municipal solid waste collection system which is established by ordinance and approved by the city and requires access for each household or solid waste generator in a city.
   WASTE SITE OR FACILITY . Any place where waste is managed, processed or disposed of by incineration, landfilling, or any other method, but does not include a container located on property where solid waste is generated, and which is used solely for the purpose of collection and temporary storage of that solid waste prior to off-site disposal, or a recovered material processing facility or the combustion of processed waste in a utility boiler.
   YARD WASTES . Grass clippings, leaves, tree trimmings.
(Ord. 0-92-005, passed 2-24-92; Am. Ord. 2007-032, passed 10-9-07)
§ 50.02 DUMPING OR DISPOSAL OF GARBAGE AND RUBBISH.
   Every citizen, resident, property owner, firm and business establishment in the corporate limits of the city, is prohibited from dumping or disposing of any garbage, refuse or rubbish, or cause the same to be disposed of anywhere within the corporate limits of the city.
(Ord. 0-92-005, passed 2-24-92; Am. Ord. 2007-032, passed 10-9-07)
GARBAGE DISPOSAL SYSTEM
§ 50.15 ESTABLISHMENT.
   (A)   The city shall maintain and operate a garbage collection, trash pickup and disposal system. The city shall be deemed the exclusive carrier unless a special permit is obtained from the City Manager.
   (B)   All dwelling units and business establishments producing commercial solid waste within the city shall be billed for pickup and disposal of solid waste as provided for herein and at the rate set herein regardless of whether service is used.
(Ord. 0-92-005, passed 2-24-92; Am. Ord. 2007-032, passed 10-9-07) Penalty, see § 50.99
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