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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.
FAMILY DOMESTIC UNIT. Any single, independent family unit, irrespective of the number of persons constituting such family. Each independent family unit living in multiple-dwelling residences, apartment houses, or any type of residence (including, but not limited to, trailer houses) which have normal cooking facilities and is occupied more than three days a week shall be deemed a FAMILY DOMESTIC UNIT for the purposes of this chapter. A rooming house that supplies lodging only for hire and which does not serve meals to any lodgers and does not permit cooking and eating on the premises shall be deemed a ONE-FAMILY DOMESTIC UNIT for the purposes of this chapter.
GARBAGE. Solid and semi-solid putrescible animal and vegetable wastes resulting from the handling, preparing, cooking, storing, serving, or consumption of food or of material intended for use as food and all offal excluding useful industrial byproducts from all public and private establishments and from all residences.
HAZARDOUS WASTE. Any waste which is defined as hazardous by state, federal, or local laws or regulations or which is deemed by the Director of Public Works or City Council as posing a hazard to the waste facility, human health, or the environment.
INFECTIOUS WASTE. Includes material containing pathogens of sufficient virulence and quantity that exposure to such material by a susceptible host could result in an infectious disease. Such materials include, but are not limited to, the following:
(1) Isolation waste and material generated by contact with hospitalized patients who are isolated to protect others from communicable diseases as defined by the Center for Disease Control;
(2) Cultures and stocks of infectious agents and associated biologicals, specimen cultures from medical and pathological laboratories, cultures and stocks of infectious agents from research and industrial laboratories, wastes from the productions of biologicals, and discarded live and attenuated vaccines together with any culture dishes and devices used to transfer, inoculate, or mix cultures or other such agents;
(3) Human blood and blood products, all waste human blood, and blood products such as serum, plasma, and other blood components;
(4) Pathological waste consisting of tissue, organs, body parts, or body fluids that are removed during surgery or autopsy;
(5) Contaminated sharps including hypodermic needles, syringes, pasteur pipettes, broken glass, scalpel blades, and other similar items which have come into contact with infectious agents during use in patient care or in medical research;
(6) Contaminated animal carcasses, body parts, and bedding including all such materials exposed to pathogens in research, and the production of biologicals or in the in vitro testing of pharmaceuticals; and
(7) Miscellaneous contaminated waste including materials contaminated by contact with pathogens during surgery or autopsy, laboratory testing or experimentation, materials which were in contact with the blood of patients undergoing hemodialysis, and all other materials contaminated by contact with pathogens. INFECTIOUS WASTE shall not include material which has been rendered noninfectious by autoclaving, incineration, or other process recognized and accepted by the medical profession or material determined to be not infectious by responsible, authorized, licensed practitioner at the facility at which such waste was generated; provided, however, the Public Works Director, under the direction of the City Council, shall have final authority within their sound discretion to determine what is and what is not infectious waste.
LIQUID WASTE. Liquids or waste containing free moisture.
REFUSE. Putrescible and nonputrescible wastes including, but not limited to: garbage, rubbish, ashes, incinerator ash, incinerator residues, street cleanings, market and industrial solid wastes, and sewage treatment wastes in dry or semi-solid form.
RUBBISH. Nonputrescible solid waste consisting of combustible and noncombustible wastes such as ashes, paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, trees or portions of trees, or other litter with similar properties.
SPECIAL WASTE. Includes all hazardous waste, liquid waste, infectious waste, and other waste requiring special handling under any state, federal, or city law or regulation.
TOXIC WASTE. Any waste which is defined as toxic by state, federal, or local laws or regulations or which is deemed by the Public Works Director or City Council as posing a toxic hazard to the waste facility, human health, or the environment.
WASTE FACILITY. Any area designated by the City Council as a separate transfer station or restricted use solid waste facility or recycling center.
WHITE GOODS. All household appliances including, but not limited to: stoves, refrigerators, washers, dryers, air conditioners, and the like.
(Prior Code, § 8.16.010) (Ord. 94-1, passed - -)
(A) Right to collect. The city specifically reserves unto itself the exclusive right to collect, remove, and dispose of all residential garbage, trash, and refuse within the corporate limits of the city or its possessions; provided, however, nothing herein shall limit or prevent the city from making and entering into contracts with private person, corporations, or other governmental subdivisions for the purpose of contracting for the collection, removal, and disposal of all garbage. All commercial establishments (including, but not limited to, motels, food service establishments, and retail and service establishments) shall arrange for disposal of refuse generated by or accruing to such establishment either by a licensed commercial garbage hauler or by personnel and vehicles of such establishments.
(Prior Code, § 8.16.080)
(B) Exceptions. The owners or occupants of any premises within the limits of the city, in addition to the duties imposed by this chapter, shall be responsible for the removal, at their sole cost and expense, to the waste facility or to such locations as may hereafter be designated by the Public Works Director or City Council the following specific items:
(1) Discarded automobiles, automobile parts, furniture, and white goods;
(2) Wool, hides, furs, waste materials from slaughter or packing houses or junk yards, dead animal carcasses, or animal renderings;
(3) Construction waste and material;
(4) Christmas trees and tree waste;
(5) Manure, other than light spread manure for application to lawns or gardens for fertilizing purposes; provided, however, manure is not being kept on any premises for any purpose or kept in piles for later use is prohibited;
(6) Highly explosive or inflammable garbage, trash, or refuse; and
(7) All other specific items of garbage, trash, or refuse as may be hereafter designated as excepted wastes by the Public Works Director or City Council. The Public Works Director shall be and is authorized and empowered to permit persons subject to the foregoing exceptions to accumulate such wastes and to periodically dispose of the same subject to such reasonable terms as specified by the Public Works Director. Otherwise, such accumulated wastes shall be removed within 24 hours of accumulation. The city, by motion or resolution, can mandate certain materials be eliminated from the waste facility either by required recycling or disposal in an alternative site or by an alternative method. Until such time as federal and state laws mandate or until such time as the city mandates, as stated above, recycling of household items shall be on a voluntary basis.
(Prior Code, § 8.16.090)
(Ord. 94-1, passed - -)
(A) Establishment of facility. The City Council establishes the following real property: SE one-quarter/SW one-quarter, SW one-quarter/SE one-quarter, Sec. 33, T1N, R16E of BHM as the restricted use solid waste facility, and Tract A of Outlot 1 (SW one-quarter/SE one-quarter, and Tract B, SE one-quarter/SE one-quarter, Sec. 31, T1N, R16E of BHM, Pennington County, South Dakota) together with such further property, public or private, as may hereafter be used in connection therewith, as the same may be established by resolution of the City Council, to be an authorized solid waste facility or temporary or permanent depository of garbage, trash, or refuse for the city.
(Prior Code, § 8.16.020)
(B) Regulation. All general ordinances of the city are declared to be applicable to all waste facility sites.
(Prior Code, § 8.16.040)
(Ord. 94-1, passed - -)
(A) Free rubble site dump. One free dump of a pickup size load is allowed with a current paid city utility bill. CURRENT shall be defined as the current month. No other previous utility bill will be allowed for a free dump. The use of another person’s utility bill will not be allowed unless that person is present in the vehicle. White goods, tires, asbestos, waste oil, petroleum-contaminated soil, and other banned items are exempt from the Free Dump Policy and will be charged a fee. This policy is good during the normal working hours of the rubble site that will be set and can be changed by resolution. Fees for services may be changed by resolution.
(Prior Code, § 8.16.130)
(B) Recycling at the rubble site. Recycling at the rubble site is prohibited by any person under the age of 18 years of age. Persons over the age of 18 will be permitted only when a release agreement has been properly filled out and filed with the City Finance Office. The release agreement will need to be filled out and filed with the City Finance Office each year before a person can continue recycling at the rubble site.
(Prior Code, § 8.16.135)
(Ord. 08-4, passed - -; Ord. 09-4, passed 5-7-2009; Ord. 10-9, passed 10-5-2010)
(A) Unlawful dumping. No garbage, trash, or refuse shall be stored or accumulated anywhere within the limits of the city in a manner other than authorized by this chapter nor thrown or swept into any street, gutter, sewer, intake, alley, vacant lot, pond, or any other property, public or private. Every occupied premises within the city shall be responsible for the keeping of the alley to the rear of and the sidewalks in front of or abutting any building or improvements free from any accumulation of garbage, trash, or refuse. No commercial establishment or resident shall throw any garbage, trash, or refuse generated out of the commercial establishment or residence into any city-owned container except as designated for such use. No garbage, trash, or refuse (except as designated by this chapter) shall be stored or accumulated at the old dump site or the restricted use site. The unlawful dumping shall be punishable under state law.
(Prior Code, § 8.16.050)
(B) Unlawful usage of other dumpsters. No commercial establishment or resident shall throw any garbage, trash, or refuse generated out of the commercial establishment or residence into any container except for their own container designated for such use.
(Prior Code, § 8.16.055)
(Ord. 94-1, passed - -; Ord. 12-7, passed 12-6-2012) Penalty, see § 51.99
(A) All family domestic units within the city shall dispose of their refuse in the following manner.
All refuse shall be placed in metal or plastic garbage cans equipped with tightly-fitted covers or in plastic bags suitably designed and sufficiently strong to hold and confine the materials placed therein. Garbage cans shall be not more than 32-gallon capacity. Materials placed into a garbage can shall be drained and wrapped in paper to avoid odor and to prevent freezing to the can. No hot ashes shall be placed into any garbage container. All ashes must be placed in a cardboard box separate from all other garbage. The Public Works Director or City Council may require the use of plastic or metal garbage cans at any location if a persistent problem exists with animals breaking plastic bags.
(B) Garbage cans and waste material containers required by this section shall be kept on the premises adjacent to an alley bordering on the premises and so as to be accessible from the alley adjoining the premises. Where no alley is available, garbage cans and waste material containers shall be placed on the parkway or parking adjoining the premises on the day of the garbage collection only during such times as is practically necessary to permit scheduled collection and in no event more than 24 hours before or after the scheduled collection time. Garbage cans and waste material containers shall be so placed that the collectors of garbage do not have to carry such cans or containers for a distance of more than ten feet to reach the collection vehicle. No garbage truck shall be required to use any private driveway in collecting refuse under the provisions of this chapter.
(C) No person shall place any hazardous or special waste into any container for collection by the city or any commercial refuse collector authorized by the city to collect garbage and the like.
(Prior Code, § 8.16.070) (Ord. 94-1, passed - -) Penalty, see § 51.99
(A) The city shall make a charge for each month for the collection and disposal of refuse from each family domestic unit within the city. Such charges for collection and disposal of refuse shall be payable by and chargeable to either the owner or occupant of each dwelling and occupied by a family domestic unit. Such charge shall be added to the monthly water bill for each family domestic unit and shall be due and payable with and in addition to such water bill. All utility charges (including, but not limited to, refuse collection and disposal) shall be due by the first of the month following the service and delinquent by the tenth of the month following. In the event of nonpayment of the refuse collection and disposal charges, water service and refuse collection service to the dwelling unit may be forthwith discontinued by the city.
(B) In the event refuse collection and disposal service shall be provided by the city under the provisions of this chapter from any family domestic unit within the city, not independently served by the city water service and charged therefor, the owner and occupant of the dwelling unit occupied by such family domestic unit shall be charged for each month at the same rate that water users are charged. Such refuse collection and disposal service charge shall be forthwith payable to the city by either the owner or occupant of such dwelling unit. In the event of failure of payment of such charges, refuse collection and disposal service to such dwelling unit may be forthwith discontinued.
(C) In addition to the foregoing methods of charges and collections for refuse collection and disposal, the Finance Officer, under the direction of the City Council, may from time to time adopt, use, and enforce such other methods of billing and collection as may be reasonable, efficient, feasible, and appropriate to the end that, in every case, all collection and disposal charges provided by this section shall be paid.
(D) Rates for the charges for collection and disposal of garbage and refuse shall be set by resolution by the City Council.
(Prior Code, § 8.16.100) (Ord. 94-1, passed - -; Ord. 05-2, passed - -)
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