CHAPTER 57: GARBAGE AND RECYCLING
Section
General Provisions
   57.001   Definitions
   57.002   Littering prohibited; generally
   57.003   Littering prohibited; duty of business owners, occupants
   57.004   Littering prohibited; duty of person
   57.005   Littering on premises of another
   57.006   Removal of litter by city
Collection Regulations
   57.020   Commercial garbage service required
   57.021   Preparation for deposit, collection, and transport
   57.022   Containers
   57.023   Container placement
   57.024   Levels of collection service required
   57.025   [Repealed]
   57.026   [Repealed]
   57.027   [Repealed]
   57.028   Nonresidential recyclable collection
   57.029   Apartment garbage and recycling service
   57.030   Standardized recycling collection
   57.031   Business reporting of recyclable materials
   57.032   Solid waste containing recyclable materials
   57.033   Waste disposal site
Sanitary Landfill
   57.045   Designation
   57.046   Unlawful deposits
   57.047   Rates for use
   57.048   Waiver of landfill fees
   57.049   Drop-off site for household hazardous waste, large electronics, and hand-held electronics
   57.050   Certain materials excluded
   57.051   Removal restricted
   57.052   Private landfill unlawful
   57.053   Refusal to admit certain vehicles
Commercial Haulers
   57.065   License required
   57.066   [Repealed]
   57.067   Identifying name
   57.068   Transfer
   57.069   Expiration
   57.070   Hauling unit permits
   57.071   Unit inspection required
   57.072   Display of permit
   57.073   Minimum design and capacity requirements for vehicles and containers
   57.074   Loading of vehicles
   57.075   Collection conditions
   57.076   Minimum vehicle requirements
   57.077   Proof of insurance required for license
   57.078   Solid waste collection rates
   57.079   Garbage haulers licensed recyclable collectors
   57.080   Licensed recycling processing facilities
   57.081   Recycling goal and standard
   57.082   Filing of reports by recyclable collector
   57.083   [Repealed]
   57.084   Filing of reports by recycling facilities
   57.085   Confidentiality of information
   57.086   Customer information
Licensed Facilities
   57.100   Facility license required
   57.101   Application for facility license
   57.102   Transfer
   57.103   Renewal
Licensing Procedure
   57.104   License fees
   57.105   Denial or revocation
   57.106   Solid waste transfer facility operating requirements
   57.107   Volume reduction permitted
   57.108   Conduct prohibited
   57.109   Requirements for disposal of solid waste generated from the treatment of regulated medical waste
Solid Waste Planning Board
   57.120   Creation
   57.121   Composition of board
   57.122   Purpose
   57.123   Staff
Cross-reference:
   Administration, see title III
   Disposal of garbage and waste food by food establishments, see § 112.009
   Examples of nuisances, see § 92.071
   Food and food handlers, see ch. 112
   Garbage disposal in mobile home parks, see § 152.068
   Health and sanitation, see ch. 92
   Littering in parks, see § 95.009
   Plumbing, see §§ 150.301 et seq.
   Utilities generally, see ch. 50
Statutory reference:
   Municipal garbage disposal systems, see SDCL 9-32-11
GENERAL PROVISIONS
§ 57.001 DEFINITIONS.
   For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ANIMAL WASTE. Any accumulation of manure or straw which has been used for the transportation, housing or penning of animals.
   APARTMENT. Any building with two or more rental dwelling units.
   CATCH BASIN. A formed holding area for sludges, sediments, screenings or grit which may include the cleanout and settling tank areas.
   CHIP BOARD. A type of paperboard generally made from reclaimed paper stock such as cereal boxes.
   COMMERCIAL CONSTRUCTION AND DEMOLITION COLLECTOR OR HAULER. Any person who transports construction and demolition debris to the sanitary landfill for consideration or who holds themselves out as being engaged in the business of transporting and disposing of construction and demolition debris.
   COMMERCIAL GARBAGE COLLECTOR or COMMERCIAL GARBAGE HAULER. Any person who transports any garbage, rubbish, or livestock waste to the sanitary landfill for a consideration or a fee. Also referred to as GARBAGE COLLECTOR or GARBAGE HAULER.
   CONTAINED. To hold or include within its volume.
   CONTAMINATED. Impure, unclean, dirty, grimy, or infectious.
   CONSTRUCTION AND DEMOLITION DEBRIS. Carpet, wood, construction plastic, shingles, glass, metals, wiring, insulation, tile, drywall, furniture, concrete, and mattresses.
   CURBSIDE. On the public right-of-way, generally between the sidewalk and the paved portion of the street.
   CORRUGATED CARDBOARD. Heavy paper with alternating ridges and grooves.
   DIRECTOR. The director of public works or his or her designee.
   GARBAGE. All refuse (including litter, rubbish, and municipal solid waste), containers, or accumulation of animal or vegetable matter which attends the processing, preparation, transportation, cooking, eating, sale or storage of meat, fish, vegetables, fruit, and all other food or food products found within the city which has been condemned by the health department as a nuisance or is likely to cause or transmit disease, or which may be a hazard to health. This definition excludes all items defined in § 57.050. Municipal solid waste is a type of garbage.
   GARBAGE COLLECTOR or GARBAGE HAULER. See COMMERCIAL GARBAGE COLLECTOR or COMMERCIAL GARBAGE HAULER.
   HAND-HELD ELECTRONICS. Cell phones, pagers, personal digital assistants, handheld video games, calculators, small MP3 players, small compact disc players, small cassette players, small radios, small walkie talkies, and digital and electronic cameras.
   HAULING UNIT. Container used by garbage haulers or construction and demolition haulers for collecting, transporting, or depositing material at the sanitary landfill or a transfer station. It may be permanently affixed to a chassis or may be temporarily attached, such as a roll-off unit.
   HAZARDOUS MATERIAL. Any material that has a hazardous characteristic, such as being ignitable, corrosive, reactive or toxic.
   HAZARDOUS WASTE. Any waste that is on the Environmental Protection Agency’s hazardous waste list in 40 C.F.R. part 261 or which is known to have a hazardous characteristic, such as being ignitable, corrosive, reactive, or toxic.
   INDUSTRIAL WASTE. Waste generated from industrial activities which is rendered useless during manufacturing process such as that of factories, industries, mills, and mining operations and which when reported to the city, it is not considered municipal solid waste or used in the recycling goal calculations.
   LARGE ELECTRONICS. Desktop and laptop computers, monitors, servers, battery backup uninterruptible power supplies, printers, scanners, copy machines, fax machines, televisions, video cassette recorders, laser disc players, digital video disc players, and stereo receivers.
   LEAK RESISTANT. Designed, constructed, and maintained to resist leakage.
   LIQUID WASTE. All nonhazardous waste that is mostly water containing no more than 25% treatable contaminants not directly discharged to the sanitary sewer system.
   LITTER. Garbage, rubbish, waste material, or animal waste improperly disposed of by discarding, abandoning, allowing to accumulate, scattering, or depositing the same outside an approved container.
   MAGAZINES. Multi-page publications, whether published periodically or not, of coated paper.
   METAL CONTAINERS. Any container made from aluminum, tin or steel which contained a product for consumption.
   MUNICIPAL SOLID WASTE. MSW is a type of garbage and consists of everyday items such as product packaging, grass clippings, furniture, clothing, bottles and cans, food scraps, newspapers, appliances, consumer electronics, and batteries. These wastes come from homes; institutions such as schools and hospitals; and commercial sources such as restaurants and small businesses. This does not include municipal wastewater treatment sludges, industrial process wastes, automobile bodies, combustion ash, or construction and demolition debris.
   NEWSPAPER. Printed ground wood paper commonly referred to as newsprint, including glossy advertisements delivered with the newspaper.
   PAPER. High grade office paper, offset paper, bond paper, xerographic bond paper, mimeo paper, duplicator paper, computer paper, and envelopes.
   PAPER PRODUCTS. Magazines, catalogs, advertising supplements, books, and junk mail. It does not include chip board, items such as juice boxes, milk cartons, cereal boxes, mix boxes, tissue boxes, shoe boxes, soda and beer cartons, and similar products.
   PLASTIC CONTAINERS. Any formed or molded container composed predominately of plastic resin.
   RECYCLABLE COLLECTOR. Any person who collects or receives recyclable materials from another person or persons for a consideration or a fee and/or for the purpose of resale.
   RECYCLABLE MATERIALS. Materials or products that may be readily separated from the municipal solid waste stream and may be used or reused as a substitute for raw materials or other items, including, but not limited to, aluminum, glass, paper, plastic, and steel.
   RECYCLING FACILITY. A specialized standalone facility that receives, separates, and prepares recyclable materials as defined or listed by the EPA for marketing to end user manufacturers. In addition, facilities which handle hazardous materials or waste petroleum products are included in this definition. Nothing in this chapter authorizes or permits nuisances.
   RECYCLING CONTAINER. A weather- resistant container which will securely hold recyclable materials for collection and will prevent recyclables from falling or being blown from the container.
   RECYCLING PROCESSING FACILITY. An established facility where recyclable materials are collected and/or processed by sorting, volume reduction, containment, or other preparation for shipment off site. Electronics recycling facilities are included.
   REGULATED MEDICAL WASTE. As defined by § 160.005 of this Code.
   REQUIRED RECYCLABLES.
      (1)   Paper;
      (2)   Corrugated cardboard and chip board;
      (3)   Plastics #1 and #2;
      (4)   Newspaper;
      (5)   Electronics;
      (6)   Magazines;
      (7)   Bulk rate mail; and
      (8)   Aluminum, tin, and steel cans.
   RESIDENTIAL. A dwelling having accommodation for and occupied by one or more families.
   RUBBISH. All combustible refuse matter, such as contaminated or nonrecyclable paper, sweepings, rags, contaminated cardboard, and similar materials.
   SALVAGING. The controlled removal of waste materials for reuse.
   SANITARY LANDFILL. The Sioux Falls Sanitary Landfill, which is the area provided by the city for the dumping or depositing of municipal solid waste, garbage, rubbish, animal waste, litter, and waste materials not prohibited by city ordinance.
   SCAVENGING. The uncontrolled and unauthorized removal of waste materials.
   SINGLE-STREAM. A system in which recyclable fibers (including, but not limited to, bulk rate mail, chipboard, corrugated cardboard, magazines, newspaper, and office paper) and recyclable containers (including, but not limited to, glass, metal, and plastic) are commingled for collection into one container instead of being sorted into separate commodities and multiple containers.
   SLUDGES. Any solid, semisolid or liquid waste encountered, collected, and/or concentrated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, catch basins, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.
   SOLID WASTE. Garbage, rubbish, waste materials, special wastes, and sludges as defined in this section.
   SOLID WASTE GENERATED FROM THE TREATMENT OF REGULATED MEDICAL WASTE. Waste generated from the treatment of regulated medical waste in conformance with city, state, and federal rules and regulations so it no longer poses a threat to public health.
   SOLID WASTE TRANSFER FACILITY. A fixed facility where solid waste from collection vehicles is consolidated and temporarily stored for subsequent transport to a permanent disposal site.
   SPECIAL WASTE. Asbestos; gasoline, fuel oil, or waste oil, contaminated soils, materials, sediments, and the like; co-mingled gasoline and fuel oil and/or waste oil contaminated soils, materials, sediments, and the like; and anti-freeze contaminated soils, materials, sediments, and the like.
   SUSTAINABILITY COORDINATOR. Person employed by the director to promote environmental sustainability throughout the city.
   WASTE MATERIAL. All nonrecyclable and noncombustible inorganic matter such as ashes, sand, earth, stones, concrete, mortar, metals, and similar material.
   WEATHER-RESISTANT. The ability to withstand the effects of precipitation, wind, or sun and to retain its appearance and integrity.
   WOOD WASTE. Trees, any size diameter tree branches, brush, wood, wood shavings, and wood pallets.
   YARD WASTE. Grass clippings, garden waste, and leaves.
(1957 Rev. Ords., § 7.901; 1992 Code, § 18-1) (Ord. 2308, passed 12-14-1964; Ord. 73-75, passed 11-17-1975; Ord. 88-81, passed 11-2-1981; Ord. 93-88, passed 10-24-1988; Ord. 60-92, passed 6-22-1992; Ord. 43-93, passed 5-17-1993; Ord. 149-95, passed 11-20-1995; Ord. 43-97, passed 6-2-1997; Ord. 75-01, passed 8-6-2001; Ord. 38-04, passed 4-5-2004; Ord. 74-04, passed 7-12-2004; Ord. 63-06, passed 5-15-2006; Ord. 76-11, passed 10-3-2011; Ord. 53-12, passed 7-17-2012; Ord. 107-16, passed 10-17-2016; Ord. 117-18, passed 12-11-2018)
Cross-reference:
   Definitions and rules of construction generally, see § 10.002
   Distributing handbills in public places, see § 97.017
§ 57.002 LITTERING PROHIBITED; GENERALLY.
   It shall be unlawful for any person to throw, drop, cast, or deposit upon any street, alley, sidewalk, lake, stream, river, pond, body of water, or any yard or premises, public or private, any garbage, or any form of litter or waste material.
(1957 Rev. Ords., §§ 9.802, 9.809; 1992 Code, § 18-2) (Ord. 149-95, passed 11-20-1995; Ord. 63-06, passed 5-15-2006; Ord. 117-18, passed 12-11-2018) Penalty, see § 10.999
Statutory reference:
   Littering prohibited, see SDCL 34A-7-6 et seq.
   Ordinances to regulate litter, see SDCL 34A-7-14
   Refuse in public places and streams, see SDCL 9-32-10
§ 57.003 LITTERING PROHIBITED; DUTY OF BUSINESS OWNERS, OCCUPANTS.
   (a)   Generally. The owner or occupant of any store or other place of business situated within the city shall exercise reasonable diligence at all times to keep his or her premises clean of garbage or any form of litter or waste material thrown or left on the premises other than in receptacles for such purpose, and to take reasonable measures to prevent the materials from drifting or blowing to adjoining premises.
   (b)   Receptacles. Separate garbage and recycling receptacles of sufficient size and number shall be kept accessible to all persons on the premises where the articles may be placed.
   (c)   Signs. Every business establishment shall place upon its premises in a conspicuous place, in close proximity to the receptacles referred to in division (b) above, a sign which shall convey to all persons a request that they use the receptacles for the separate disposal of garbage and recyclable materials.
(1992 Code, § 18-3) (Ord. 149-95, passed 11-20-1995; Ord. 63-06, passed 5-15-2006; Ord. 117-18, passed 12-11-2018) Penalty, see § 10.999
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