TITLE VI PHYSICAL ENVIRONMENT
6-84-3 City Contract with Collector
6-84-5 Schedule of Fees, Payment & Collection
6-84-6 Location of Containers
6-84-7 Foreign Matter in Garbage Containers
6-84-8 Frequency and Time of Collection
6-84-9 Garbage & Refuse Collected, Limitations & Additional Fees
6-84-10 Collection and Hauling
6-84-11 Duties and Qualifications
6-84-12 Disposal of Toxic & Hazardous Wastes Radioactive Materials
6-84-13 Private Sanitary Disposal Project
6-84-14 Commercial Garbage, Refuse & Other Solid Wastes
6-84-15 Remedies for Breach of Agreement
6-84-16 Revocation of Licenses
6-84-17 Penalty of Violation
SECTION 6-84-1 PURPOSE. The purpose of this ordinance is to protect the health and safety of the citizens of Belle Plaine by eliminating unhealthy, unsanitary and unsightly conditions caused by the accumulation of garbage, refuse, recyclables, and other solid wastes by providing a means of collection and disposal and establishing authority to charge for such removal and to offset landfill charges.
SECTION 6-84-2 DEFINITIONS. For use within this ordinance the following terms are defined:
1.) Household: Any single family dwelling facilities occupied by one or more individuals as a residence including dwelling facilities of any apartment occupied by the owner.
2.) Business Establishments: Stores, restaurants, banks, taverns, hotels, offices (including medical centers), wholesale establishments, retail establishments, manufacturing plants, shops, schools, churches and apartments; parsonages and beauty shops in the owner’s residence are excluded as business establishments.
3.) Garbage: All solid and semi-solid animal and vegetable wastes resulting from handling, preparing, cooking, storing, serving, and consuming food, including food containers, cans, glass bottles, and paper cartons, all of which are produced in a household, apartment or residential premises. Recyclable items are defined later herein.
4.) Refuse: All waste papers, rags, boxes, clothing, cold ashes, litter of any kind, and incidental plaster, lumber scraps or other building materials resulting from work done by the occupant at the household; this term shall not include yard waste; household appliances not placed in containers, animal carcasses, manure, cars, car bodies or parts, liquids, dangerous chemicals, hot ashes logs, stumps or branches produced from the work of commercial landscapers and tree trimmers; any small items in piles requiring a shovel or fork to handle and materials resulting from the construction, repair or demolition of buildings except as noted above and any articles more than four feet in length or weighing more than forty pounds.
5.) Recyclables. The following items must be recycled:
a.) Paper Products: newspapers with supplements, magazines/catalogs, corrugated cardboard and chipboard (cut 2 feet by 2 feet for collection and flattened), brown or gray when torn including cereal, cracker and tissue boxes, toilet paper and paper towel cores, mixed paper – while, colored, NCR, FAX, photocopy, legal pad, note and computer paper, post-it, call slips, file folders, envelopes, junk mail and Kraft bags.
b.) Metals: all metal food and beverage containers, aluminum foil and pie plates.
c.) Plastics: all plastic containers #1-#7. Milk, water and juice jugs, detergent, soda and pop bottles and film canisters are accepted. Plastic bags are not accepted.
d.) Glass Bottles: glass bottles must be kept separate from other recyclables.
The following items are not recyclable:
a.) Paper: No food contaminated containers. No waxed, filmed covered containers. No hygiene products (toilet paper, paper towels, etc.) No disposable diapers.
b.) Metals: No large metals, coat hangers, engine parts, etc.
c.) Plastics: No packaging container inserts even with numbers (EXAMPLE: cookie trays). No styrofoam, plastic bags or motor oil bottles. No caps or lids or hangers. No plastic green house or plant containers. No deli grocery plastic food containers, even with a number.
d.) The following are hazardous items and cannot be taken to the landfill with regular waste: batteries; engine oil, lubricants, antifreeze, other types of oils and/or filters; paint still in liquid form (must be mixed with cat litter); needles, syringes, medical waste, propane and/or empty propane tanks; tires; appliances; refrigerants.
7.) Collector: The person, firm or corporation contracting with the City for the hauling to the landfill site of all refuse, garbage and other wastes.
8.) Person: Includes any individual, firm, corporation, association, trust, or organized group or government.
a.) Sanitary plastic bags used for garbage or refuse disposal which are liquid-proof, or
b.) Metal or plastic containers used for garbage or refuse storage and disposal with tight fitting covers with handles on the sides and on the cover and which are liquid-proof and kept in a sanitary condition; cardboard boxes may be used as containers except for disposal or storage of garbage.
All containers shall not exceed a size equal to thirty-two gallons in liquid measure or of a size that can be conveniently handled by one person and which do not weigh more than forty-five pounds with contents. These containers shall be provided by and at the expense of the household.
10.) Commercial Containers: Large portable containers with lift devices designed for commercial use and compatible with use by a packer truck.
11.) Construction and Demolition Waste: Waste building materials including wood, plastics, metals, cement, rock and rubble which result from construction or demolition of structures, buildings, residences and commercial plants.
12.) Toxic and Hazardous Wastes: Waste materials including, but not limited to, radioactive materials, poisons, pesticides, herbicides, acid, caustics, pathological waste flammable or explosive materials, and all similar harmful wastes which require special handling and which must be disposed of in such manner as to conserve the environment and to protect the public health and safety.
13.) Business-owner Hauler: Any person who owns an interest in a business establishment may qualify as a Business-owner Hauler by: (1) paying an annual license fee to the City Clerk in the amount of $25.00, (2) demonstrate that it has and uses for garbage and refuse disposal a truck meeting the requirements of Section 6-57-10 (b), (3) pays to the City Clerk upon application for a Business-owner Hauler License the per capita landfill fee adopted by resolution as the annual sanitary landfill fee and administrative cost for each person for whom garbage and refuse is hauled, and (4) provides garbage and refuse service pickup to each user not less than once each week. The per capita fee referred to herein shall not be refundable for any user for whom service is no longer rendered, and an additional per capita fee shall be paid for any user who was not included in the original application for a license under this subsection. The per capita fee referred to herein may be changed from time to time by resolution duly passed and approved by the Belle Plaine City Council.
14.) Apartment: Dwelling facilities, other than single family dwellings, consisting of more than one living unit each comprised of one or more bathrooms, a kitchen, and sleeping or living quarters and occupied as a residence by one or more individuals other than the owner (where the dwelling is occupied by the owner, the owner’s dwelling facility shall be considered as a household); each apartment shall also be known as an apartment unit.
15.) Burn Pile.
a.) The burn pile shall be open according to a time schedule set by the City Council. There shall be no after hours access. No one is allowed to set the burn pile on fire except a City employee.
b.) The burn pile shall be a depository for yard waste only. The hours at the burn pile are: From September 1st to May 31st – 7 seven days a week from 4:00 p.m. – 9:00 p.m. June, July and August – Saturdays only from Noon until 4:00 p.m.
c.) Yard Waste: All organic debris (e.g. grass clippings, leaves, tree limbs, bark, vines, branches, flowers, garden plants, etc.) which are produced as part of residential yard and garden development maintenance; these terms shall not include animal manure, animal wastes or bedding or crop residue, or construction lumber or materials.
d.) Penalty. Anyone violating any of the provisions of this ordinance shall, upon conviction, be guilty of a misdemeanor and be subject to imprisonment not exceeding thirty days, and/or a fine not exceeding $100.00. Any person violating this ordinance shall be required to remove any unapproved material deposited on the burn pile.
SECTION 6-84-3 CITY TO CONTRACT WITH COLLECTOR. The City of Belle Plaine shall contract with a collector to provide the services contemplated by this ordinance for the pickup and disposition of all garbage, refuse and recyclables from each household and apartment units. The contract shall be awarded in keeping with the City’s local purchases policy to a responsible bidder submitting bids at the time and manner requested and in response to the specifications of the City. The pickup service shall include all households whether or not they existed at the time of the contract between the City and the collector. The contract with the collector shall be for a term of not more than five years and shall provide for payments to the collector in monthly installments with each payment to be made on the first business day of the month following the month for which the service was rendered. The per capita fee referred to herein may be changed from time to time by resolution duly passed and approved by the Belle Plaine City Council.
SECTION 6-84-4 STORAGE. Except where food is served commercially, all garbage must be drained and wrapped in paper or other acceptable means and all garbage and refuse shall be placed in a container or commercial container and all garbage and refuse shall be removed before it becomes a nuisance; no person shall deposit any garbage or refuse on any public street or alley or any lot or property or in any stream of body of water except as authorized by this ordinance.
SECTION 6-84-5 SCHEDULE OF FEES, PAYMENT AND COLLECTION. There shall be collected by the City of Belle Plaine from each household and from the owner of each apartment unit using the services of the collector for the services in collecting garbage, refuse, and recyclables and to offset the per-capita fee paid by the City for sanitary landfill usage a fee to be prescribed by resolution from time to time and which fee shall be separately stated but shall be included in the monthly water charge and sewer rental statement of each residence unit. All such fees not paid at the due date of the water and sewer rental statement on which said fee is stated shall constitute a lien upon the premises for which collection has been made and shall be certified to the County Treasurer for collection in the same manner as real estate taxes.
SECTION 6-84-6 LOCATION OF CONTAINERS. Containers for garbage, refuse and recyclables shall be placed and kept on private property; all garbage, refuse, and recyclables to be collected shall be placed in plain view in front or side of the premises with easy access to the collector; exceptions may be made for the handicapped or infirm by special agreement with the collector. Containers shall not be left on public property for more than twenty-four hours. Material not intended for collection shall not be kept on the alley line or at the curb and the collector shall not be responsible for any material adjacent to garbage or refuse containers. Any refuse containers shall be clearly marked if they are to be retained by the owner; oil drums shall not be used as containers of garbage or refuse to be hauled by the collector.
SECTION 6-84-7 FOREIGN MATTER IN GARBAGE CONTAINERS. No person shall deposit into any garbage container for pickup any material other than garbage or refuse; if a container contains material other than garbage or refuse defined by this ordinance, the collector shall not be obligated to remove the contents of such container but the collector shall attach to such container a note or message identifying the reason that such materials are not being collected.
SECTION 6-84-8 FREQUENCY AND TIME OF COLLECTION. The collector shall collect and remove all garbage and refuse from premises or dwellings, apartments and flats not less often than once each week except that no collection shall be made on Sundays or on days the landfill site is closed and all garbage and refuse collection for households shall be made between the hours of 6:00 A.M. and 6:00 P.M. The collector shall publish conspicuous notice in The Belle Plaine Union and local cable TV not more than fifteen days nor less than four days in advance of any regularly scheduled pickup that will not be made and identifying the alternate pickup date.
SECTION 6-84-9 GARBAGE AND REFUSE COLLECTED, LIMITATIONS AND ADDITIONAL FEES. The weekly pickup by the collector shall include all garbage and refuse for each household in containers or bundles and placed for pickup as defined in Section 6-57-6 except that for any pickups of more than three containers of refuse the collector may charge and collect from the user the sum of .25 per container. Such fees shall not reduce the amount due the collector under the terms of the contract with the City.
SECTION 6-84-10 COLLECTION AND HAULING. The collector shall have a truck or trucks as follows: (a) a garbage disposal unit referred to as a packer (or packer truck) which shall be used only for garbage and refuse and recyclables or (b) a truck for garbage, refuse and recyclables with a body constructed sufficiently tight on the sides and bottom and with end gates so that the contents of the truck will not be dropped on the streets when the truck is in operation; the truck shall have a tailgate not less than half the height of the sideboard or not less than thirty inches in height and the truck shall be equipped with a top or cover so that the contents of the truck are not subject to spilling or blowing while the truck is in use.
SECTION 6-84-11 DUTIES AND QUALIFICATIONS OF THE COLLECTOR.
1.) Hauling to landfill site. The collector shall haul all garbage and refuse to the sanitary landfill at Blairstown, Iowa. The collector of recyclables will haul all recyclables to a recyclable collection point.
2.) Bond. The collector shall also post with the City of Belle Plaine a performance bond with a corporate surety in an amount not less than $10,000.00
3.) Insurance. The collector shall provide and keep in force a comprehensive general public liability and property damage insurance policy in a company approved by the City; such public liability coverage shall be not less than $100,000.00 for each person and not less than $300,000.00 for each accident and for property damage coverage of not less than $50,000.00, and the collector shall furnish to the City a copy of the policy or policies or an appropriate certificate from the insurance carrier showing such insurance to be in force; such policy copies or certificates shall be accompanied by evidence of premium payment and an endorsement obligating the insurance company to furnish the City with notice of not less than ten days in advance of cancellation of all coverages required by this ordinance. All policy renewals shall be delivered to the City not less than ten days in advance of the expiration of existing policies.
4.) Collector not employee. The collector shall not be an employee of the City and not eligible for any employee benefits and shall, at his expense, furnish all trucks, equipment, labor and supervision to collect and haul all garbage and refuse from all households in the City of Belle Plaine, Iowa.
SECTION 6-84-12 DISPOSAL OF TOXIC AND HAZARDOUS WASTES AND RADIOACTIVE MATERIALS. Toxic or hazardous wastes and radioactive materials shall be disposed of only upon receipt of and in accordance with explicit instructions obtained from the executive director of the State of Department of Environmental Quality.
SECTION 6-84-13 PRIVATE SANITARY DISPOSAL PROJECT. No person except the collector may haul for disposal any refuse or garbage except that (1) nothing herein contained shall prevent a licensed business-owner hauler from hauling garbage, refuse or other solid wastes from his business establishment, and (2) any person who is not a licensed business-owner hauler may haul garbage, refuse or other solid wastes from his personal household or his business to the sanitary disposal site if such hauling is done in accordance with all requirements for secure handling of items.
SECTION 6-84-14 COMMERCIAL GARBAGE, REFUSE AND OTHER SOLID WASTES. Nothing herein contained shall prevent any person from contracting separately with the collector or any other licensed hauler for pickup of non-household garbage and refuse or any other solid wastes.
SECTION 6-84-15 REMEDIES FOR BREACH OF AGREEMENT. In the event the collector shall fail to perform any of the obligations required of the collector under the provisions of this ordinance, the contract with the collector may be terminated; however, no termination shall be made until the collector has been given not less than forty-eight (48) hours notice of a meeting with the Belle Plaine City Council to review the basis for termination; any expenses incurred by the City including the employment of a substitute collector to perform the duties contacted for shall be paid by the collector or offset from sums due and owing to him.
SECTION 6-84-16 REVOCATION OF LICENSES. The licenses of a licensed hauler and a business-owner hauler shall be subject to revocation by a majority vote of the City Council and which vote shall take place only after the hauler has been given notice by certified mail of not less than five days and grounds for such revocation shall be violation or failing to comply with any of the licensing requirements for each such license as defined in this ordinance.
SECTION 6-84-17 PENALTY OF VIOLATION. Any person convicted of violating any of the provisions of this ordinance shall be deemed guilty of a municipal infraction and shall be punishable by a fine of not more than $100.00 for each violation or, if the infraction is a repeat offense, not to exceed $200.00 for each repeat offense.