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§ 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
§ 50.16 MANAGER OF PUBLIC WORKS TO DIRECT OPERATIONS.
   The garbage collection and disposal system shall be operated under the direction of the Public Works Manager.
(Ord. 0-92-005, passed 2-24-92; Am. Ord. 2007-032, passed 10-9-07)
§ 50.17 SCHEDULES; RULES; AND REGULATIONS.
   The garbage collection and disposal system shall be operated under the following rules and regulations:
   (A)   Collection of garbage.
      (1)   All persons or concerns shall be required to deposit garbage for disposal in closed garbage cans not to exceed thirty-five (35) gallons in capacity or to exceed seventy-five (75) pounds in weight and to maintain such solid waste containers in good repair at all times. Fifty-five (55) gallon oil drums are not legal containers. Rubbish and debris, such as leaves and grass, but not including household garbage, may be placed in tied plastic bags. Containers shall be set out for pickup on the sidewalk or within three (3) feet of the street in front of residents or apartments no sooner than one (1) hour before sundown (except as provided in C-3 Districts) on the night of pickup applicable to that section or district and shall be required to remove containers as soon thereafter as possible.
      (2)   Collection of garbage in the business districts shall be daily between the hours of 7:00 p.m. and 12:00 a.m. on weekdays, Sundays excluded.
   (B)   Depositing garbage for disposal.
      (1)   All persons or concerns in a business district shall be required to use dumpsters or other suitable containers that can be easily handled by pickup crews and which have been approved by the Public Works Manager. All dumpster locations shall be prescribed by the Public Works Manager. All persons or concerns should contact the Public Works Manager prior to acquiring any dumpster or other container to ensure that the dumpster or container is compatible with the city’s trash collection equipment. Fifty-five (55) gallon oil drums are not legal containers. Plastic bags are acceptable if they are tied and have sufficient strength to avoid tearing and ripping. Loose trash piled in front or behind business establishments or in open rooms is not permitted. All dumpsters, containers or tied plastic bags shall be placed on the sidewalk or within three (3) feet of the street in front of the place of business.
      (2)   (a)   It shall be unlawful for any individual, corporation, association or other entity to permit garbage cans, trash containers or other containers for the retention of trash, garbage or refuse, to be on the public sidewalks of the city within areas designated as C-3, Central Commercial Districts, pursuant to the zoning code, before the hour of 4:00 p.m. each day.
         (b)   The prohibition contained above shall not apply to those containers for garbage, trash or refuse placed upon the public sidewalks of the city by duly authorized governmental agencies.
         (c)   The presence of garbage, trash or refuse containers on the public sidewalks of the city by virtue of the failure of the duly authorized garbage and trash collection agencies of the city to perform their duties shall not constitute a violation hereof.
      (3)   All householders, owners, tenants, lessees, and/or occupants of any residence within the corporate limits of this city shall provide, at their own expense, proper receptacles or containers as provided here within.
   (C)   Special pickup day for residences.
      (1)   The Department of Public Works will have special trash pickup service available for residents of the City of Pikeville on Wednesday of each week for items that are too large to fit in the described containers listed above.
      (2)   Residents must call Public Works to schedule all special trash pickups. Public Works will take the first twenty-five (25) orders before cutting off the service for that week. Additional overflow orders will be placed on the following week’s schedule. Residents will be given the choice to take their order to the transfer station on Mondays and Fridays as an alternative if pickup cannot be accommodated for that week.
      (3)   All special pickup items must be curbside service. All items cannot be carried to the curb until Tuesday evening after 6:00 p.m. for Wednesday service. Any resident violating this time frame will be subject to an environmental nuisance complaint and subject to a citation for a violation.
      (4)   Residents are entitled to one (1) free load per month. All additional loads will be charged a fee of thirty-five dollars ($35.00) per load.
(Ord. 0-92-005, passed 2-24-92; Am. Ord. 2007-032, passed 10-9-07) Penalty, see § 50.99
§ 50.18 CHARGES FOR SERVICES.
   The charges for garbage collection services shall be as follows:
   (A)   The rate for the collection of garbage from residential and noncommercial customers shall be ten dollars ($10.00) per month for twice a week pickup.
   (B)   The rate for the collection of garbage from large businesses shall be sixty dollars ($60.00) per month for twice a week pickup.
   (C)   The rate for the collection of garbage from small businesses shall be thirty dollars ($30.00) per month for twice a week pickup.
   (D)   The rate for the collection of garbage from businesses that have dumpsters shall be at a rate of three dollars seventy-five cents ($3.75) per cubic yard of dumpster size, per pickup.
   (E)   The rate for dumpster rental will be as follows:
 
2 yard
$25.00 per month
3 to 4 yard
$50.00 per month
6 to 8 yard
$75.00 per month
 
      (1)   Anyone requesting a dumpster for a period of more then three (3) consecutive or nonconsecutive days within a sixty (60) day period will be required to pay the full month’s rental fee.
      (2)   Anyone renting a dumpster less than three (3) consecutive or nonconsecutive days within a sixty (60) day period will not be required to pay a rental fee.
   (F)   The rate for roll off pull will be as follows:
 
20 yard open top container
$150.00 each pull (plus landfill tipping fee of $30.00 per ton)
30 yard open top container
$175.00 each pull (plus landfill tipping fee of $30.00 per ton)
40 yard open top container
$200.00 each pull (plus landfill tipping fee of $30.00 per ton)
 
   (G)   The rate for compactor pull will be as follows:
 
$225.00 for each pull (plus landfill tipping fee of $30.00 per ton)
 
   (H)   The rate for compactor and roll off rental will be as follows:
 
16, 20 or 40 yard compactor
$200.00 per month
20, 30 or 40 yard roll off
$200.00 per month
 
   (I)   Transfer station charges: Transfer station will be open on Mondays and Fridays between 1:00 p.m. and 4:30 p.m. for City of Pikeville residents and commercial accounts for trash disposal. Residents must present an ID showing proof of residency. The following fees will be applied for transfer station dumping.
 
Residential
The first small or average size pickup or smaller vehicle will be no charge
$0.00
Second small pickup per load
$15.00
Second full size pickup with sides per load
$25.00
Commercial
Dump fee per load
$35.00
Additional fee per ton
$30.00
 
(Ord. 0-92-005, passed 2-24-92; Am. Ord. 0-95-002, passed 5-22-95; Am. Ord. 0-2001-004, passed 2-7-01; Am. Ord. 2007-032, passed 10-9-07; Am. Ord. 0-2008-010, passed 3-13-08; Am. Ord. 0-2008-016, passed 6-23-08; Am. Ord. 0-2011-028, passed 9-12-11)
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