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I) Chapters 105 through 106 – Garbage and Solid Waste

CHAPTER 105

SOLID WASTE CONTROL

105.01 Purpose 105.07 Municipal Compost Area and Yard Waste Disposal Site
105.02 Definitions 105.08 Littering Prohibited
105.03 Sanitary Disposal Required 105.09 Toxic and Hazardous Waste
105.04 Health and Fire Hazard 105.10 Waste Storage Containers
105.05 Open Burning Restricted 105.11 Prohibited Practices
105.06 Separation of Yard Waste Required  

105.01     PURPOSE.  The purpose of the chapters in this Code of Ordinances pertaining to Solid Waste Control and Collection is to provide for the sanitary storage, collection, and disposal of solid waste and, thereby, to protect the citizens of the City from such hazards to their health, safety and welfare as may result from the uncontrolled disposal of solid waste.

105.02     DEFINITIONS.  For use in these chapters the following terms are defined:

  1. “Collector” means any person authorized to gather solid waste from public and private places.
  2. “Discard” means to place, cause to be placed, throw, deposit, or drop.

(Code of Iowa, Sec. 455B.361[1])

  1. “Dwelling unit” means any room or group of rooms located within a structure and forming a single habitable unit with facilities that are used or are intended to be used for living, sleeping, cooking, and eating.
  2. “Garbage” means all solid and semisolid, putrescible animal and vegetable waste resulting from the handling, preparing, cooking, storing, serving and consuming of food or of material intended for use as food, and all offal, excluding useful industrial by-products, and includes all such substances from all public and private establishments and from all residences.

(IAC, 567-100.2)

  1. “Landscape waste” means any vegetable or plant waste except garbage. The term includes trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery, and yard trimmings.

(IAC, 567-20.2[455B])

  1. “Litter” means any garbage, rubbish, trash, refuse, waste materials, or debris not exceeding 10 pounds in weight or 15 cubic feet in volume. Litter includes but is not limited to empty beverage containers, cigarette butts, food waste packaging, other food or candy wrappers, handbills, empty cartons, or boxes.

(Code of Iowa, Sec. 455B.361[2])

  1. “Owner” means, in addition to the record titleholder, any person residing in, renting, leasing, occupying, operating or transacting business in any premises, and as between such parties the duties, responsibilities, liabilities and obligations hereinafter imposed shall be joint and several.
  2. “Refuse” means putrescible and non-putrescible waste, including but not limited to garbage, rubbish, ashes, incinerator residues, street cleanings, market and industrial solid waste and sewage treatment waste in dry or semisolid form.

(IAC, 567-100.2)

  1. “Residential premises” means a single-family dwelling and any multiple-family dwelling.
  2. “Residential waste” means any refuse generated on the premises as a result of residential activities. The term includes landscape waste grown on the premises or deposited thereon by the elements, but excludes garbage, tires, trade wastes and any locally recyclable goods or plastics.

(IAC, 567-20.2[455B])

  1. “Rubbish” means non-putrescible solid waste consisting of combustible and non-combustible waste, such as ashes, paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, or litter of any kind.

(IAC, 567-100.2)

  1. “Sanitary disposal” means a method of treating solid waste so that it does not produce a hazard to the public health or safety or create a nuisance.

(IAC, 567-100.2)

  1. “Sanitary disposal project” means all facilities and appurtenances (including all real and personal property connected with such facilities) that are acquired, purchased, constructed, reconstructed, equipped, improved, extended, maintained, or operated to facilitate the final disposition of solid waste without creating a significant hazard to the public health or safety, and which are approved by the Director of the State Department of Natural Resources.

(Code of Iowa, Sec. 455B.301) 

  1. “Solid waste” means garbage, refuse, rubbish, and other similar discarded solid or semisolid materials, including but not limited to such materials resulting from industrial, commercial, agricultural, and domestic activities. Solid waste may include vehicles, as defined by Section 321.1 of the Code of Iowa.  Solid waste does not include any of the following:

(Code of Iowa, Sec. 455B.301)

  1. Hazardous waste regulated under the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6921-6934.
  2. Hazardous waste as defined in Section 455B.411 of the Code of Iowa, except to the extent that rules allowing for the disposal of specific wastes have been adopted by the State Environmental Protection Commission.
  3. Source, special nuclear, or by-product material as defined in the Atomic Energy Act of 1954, as amended to January 1, 1979.
  4. Petroleum contaminated soil that has been remediated to acceptable State or federal standards.
  5. Steel slag which is a product resulting from the steel manufacturing process and is managed as an item of value in a controlled manner and not as a discarded material.

105.03     SANITARY DISPOSAL REQUIRED.  It is the duty of each owner to provide for the sanitary disposal of all refuse accumulating on the owner’s premises before it becomes a nuisance.  Any such accumulation remaining on any premises for a period of more than 30 days shall be deemed a nuisance and the City may proceed to abate such nuisances in accordance with the provisions of Chapter 50 or by initiating proper action in district court.

(Code of Iowa, Ch. 657)  

105.04     HEALTH AND FIRE HAZARD.  It is unlawful for any person to permit to accumulate on any premises, improved or vacant, or on any public place, such quantities of solid waste that constitute a health, sanitation or fire hazard.

105.05     OPEN BURNING RESTRICTED.  No person shall allow, cause or permit open burning of combustible materials where the products of combustion are emitted into the open air without passing through a chimney or stack, except that open burning is permitted in the following circumstances, on Wednesdays, Saturdays, and Sundays during the months of June, July, and August, from 4:00 p.m. to 9:00 p.m., and seven days a week during all other months, from 4:00 p.m. to 9:00 p.m.  A responsible adult shall be in immediate attendance of any outdoor fire at all times except where such attendance is excused in a permit issued pursuant to subsection 12 of this section.  The person in attendance shall extinguish the fire at the prescribed times in such a manner that it will not continue to smolder or emit smoke.

(IAC, 567-23.2[455B] and 567-100.2)

  1. Disaster Rubbish. The open burning of rubbish, including landscape waste, for the duration of the community disaster period in cases where an officially declared emergency condition exists, provided that the burning of any structures or demolished structures is conducted in accordance with 40 CFR Section 61.145.

(IAC, 567-23.2[3a])

  1. Trees and Tree Trimmings. The open burning of trees and tree trimmings at a City-operated burning site, provided such burning is conducted in compliance with the rules established by the State Department of Natural Resources.

(IAC, 567-23.2[3b])

  1. Flare Stacks. The open burning or flaring of waste gases, provided such open burning or flaring is conducted in compliance with applicable rules of the State Department of Natural Resources.

(IAC, 567-23.2[3c])

  1. Landscape Waste. The disposal by open burning of landscape waste originating on the premises.  However, the burning of landscape waste produced in clearing, grubbing and construction operations shall be limited to areas located at least one-fourth mile from any building inhabited by other than the landowner or tenant conducting the open burning.  Rubber tires shall not be used to ignite landscape waste.

(IAC, 567-23.2[3d])

  1. Recreational Fires. Open fires for cooking, heating, recreation, and ceremonies, provided they comply with the limits for emission of visible air contaminants established by the State Department of Natural Resources.  Rubber tires shall not be burned in a recreational fire.

(IAC, 567-23.2[3e])

  1. Residential Waste. Backyard burning of residential waste at dwellings of four-family units or less.

(IAC, 567-23.2[3f])

  1. Training Fires. Fires set for the purpose of conducting bona fide training of public or industrial employees in firefighting methods, provided that the training fires are conducted in compliance with rules established by the State Department of Natural Resources.

(IAC, 567-23.2[3g])

  1. Pesticide Containers and Seed Corn Bags. The disposal by open burning of paper or plastic pesticide containers (except those formerly containing organic forms of beryllium, selenium, mercury, lead, cadmium or arsenic) and seed corn bags resulting from farming activities occurring on the premises if burned in accordance with rules established by the State Department of Natural Resources.

(IAC, 567-23.2[3h])

  1. Agricultural Structures. The open burning of agricultural structures if in accordance with rules and limitations established by the State Department of Natural Resources.

(IAC, 567-23.2[3i])

  1. Controlled Burning of a Demolished Building. The controlled burning of a demolished building by the City, subject to approval of the Council, provided that the controlled burning is conducted in accordance with rules and limitations established by the State Department of Natural Resources.

(IAC, 567-23.2[3j])

  1. Any person wishing to conduct open burning of materials not permitted herein may make application for a variance to the Director of the State Department of Natural Resources.

(IAC, 567-23.2[2])

  1. Special Permit. A special outdoor burning permit that is signed by the City Administrator and/or Fire Chief for the burning of materials other than household or business refuse or waste.  These outdoor fires shall be extinguished by 4:00 p.m.  The application must be submitted setting forth the special circumstances that create a hardship by not allowing open burning.  If said application is denied, an appeal can be filed in writing within five days to the Council.  Action by the Council shall be considered final.

105.06     SEPARATION OF YARD WASTE REQUIRED.  All yard waste shall be separated by the owner or occupant from all other solid waste accumulated on the premises and shall be composted on the premises or delivered to the City’s yard waste disposal site or the City’s burn pile site.  As used in this section, “yard waste” means any debris such as grass clippings, leaves, garden waste, brush, and trees.  Yard waste does not include tree stumps.  The burn pile shall be open according to a time schedule set by the Council.  There shall be no after-hours access.  No one is allowed to set the burn pile on fire except a City employee.  The burn pile is a depository for yard waste only.  The hours at the burn pile are on the first and third Saturdays of each month, from 7:00 a.m. to 3:30 p.m. from April 1 to December 1.

105.07     MUNICIPAL COMPOST AREA AND YARD WASTE DISPOSAL SITE.  The purpose of this section is to establish a municipal compost area and yard waste disposal site and set guidelines for refuse deposited into the municipal compost area located in the City.

  1. General Rules of Operation. The compost area and yard waste disposal site operated by the City shall be designated as the official site for the disposal of yard waste produced or originating within the City, subject to the following:
  2. It is unlawful to operate a motor vehicle within the compost area and yard waste disposal site at a speed in excess of 15 miles per hour.
  3. It is unlawful to operate any all-terrain vehicles, snowmobiles or motorcycles within the compost area and yard waste disposal site.
  4. All vehicles shall be operated on established roadways within the facility.
  5. Yard waste disposed of within the facility shall be placed only at areas within the compost area and yard waste disposal site designated to accept yard waste.
  6. The compost area and yard waste disposal site shall be available for disposal of yard waste or brush commencing at sun-up and ending at sun-down each day.
  7. No logs greater than 36 inches in diameter shall be deposited in the compost area and yard waste disposal site.
  8. Any yard waste created during a major storm event shall be placed separately in the area designated.
  9. Yard Waste from Outside City Prohibited. It is unlawful for any person to dispose of yard waste or brush in the compost area and yard waste disposal site which did not originate or was not produced within the City limits, with the exception of the residences located outside of the City limits that have an account for City Water as of the effective date of the ordinance codified in this section.
  10. Permitted Material for Disposal. Only yard waste as defined in this chapter and produced or originating with the City of Belle Plaine may be disposed of in the facility.
  11. Prohibited Material. It is unlawful to dispose of any garbage, paper, construction materials of any kind, stumps, rocks, plastic, metal or iron of any kind, appliances, furniture, tires, rims, oil filters, car or truck parts of any kind, animal feces, animal carcass, cans, bottles, buckets, containers, any material from household, office, business, or garages, or any other material or substance which does not fall within the definition of yard waste as set forth herein.
  12. Violation and Penalty. Anyone violating any of the provisions of this section shall, upon conviction, be guilty of a misdemeanor.  The person shall be required to remove any unapproved materials deposited into the compost area and yard waste disposal site.  In addition, the violator may be subject to civil penalties which shall include the costs of removing the material in violation of this section and the proper disposal thereof.  The minimum civil penalty for a violation shall be $500.00 for the first offense and $1,000.00 for each subsequent offense.
  13. User Fees. User fees shall be established by resolution of the Council and shall be automatically adjusted on July 1 of each year in accordance with the Consumer Price Index or as special circumstances dictate.  The City Clerk shall annually, as part of the budget preparation, review the adequacy of the rates and make recommendation to the Council concerning the need for any changes.

105.08     LITTERING PROHIBITED.  No person shall discard any litter onto or in any water or land, except that nothing in this section shall be construed to affect the authorized collection and discarding of such litter in or on areas or receptacles provided for such purpose.  When litter

is discarded from a motor vehicle, the driver of the motor vehicle shall be responsible for the act in any case where doubt exists as to which occupant of the motor vehicle actually discarded the litter.

(Code of Iowa, Sec. 455B.363)

105.09     TOXIC AND HAZARDOUS WASTE.  No person shall deposit in a solid waste container or otherwise offer for collection any toxic or hazardous waste.  Such materials shall be transported and disposed of as prescribed by the Director of the State Department of Natural Resources.  As used in this section, “toxic and hazardous waste” means waste materials, including (but not limited to) poisons, pesticides, herbicides, acids, caustics, pathological waste, flammable or explosive materials, and similar harmful waste that requires special handling and that must be disposed of in such a manner as to conserve the environment and protect the public health and safety.

(IAC, 567-100.2)

(IAC, 567-102.13[2] and 400-27.14[2])

105.10     WASTE STORAGE CONTAINERS.  Every person owning, managing, operating, leasing, or renting any premises, dwelling unit or any place where refuse accumulates shall provide and at all times maintain in good order and repair portable containers for refuse in accordance with the following:

  1. Container Specifications. Waste storage containers shall comply with the following specifications:
  2. Residential waste containers, whether they are reusable, portable containers or heavy-duty disposable garbage bags, shall be not more than 32 gallons in nominal capacity, and shall be leak-proof and waterproof.  The total weight of any container and contents shall not exceed 45 pounds.  Disposable containers shall be kept securely fastened and shall be of sufficient strength to maintain integrity when lifted, and reusable containers shall be in conformity with the following:

(1)        Be fitted with a fly-tight lid that shall be kept in place except when depositing or removing the contents of the container.

(2)        Have handles, bails, or other suitable lifting devices or features.

(3)        Be of a type originally manufactured for the storage of residential waste with tapered sides for easy emptying.

(4)        Be of lightweight and sturdy construction.

  1. Galvanized metal containers, rubber or fiberglass containers, and plastic containers that do not become brittle in cold weather may be used.
  2. Every person owning, managing, operating, leasing or renting any commercial premises where an excessive amount of refuse accumulates and where its storage in portable containers as required above is impractical, shall maintain metal bulk storage containers approved by the City.
  3. Storage of Containers. Residential solid waste containers shall be stored upon the residential premises.  Commercial solid waste containers shall be stored upon private property, unless the owner has been granted written permission from the City to use public property for such purposes.  The storage site shall be well drained and fully accessible to collection equipment, public health personnel, and fire inspection personnel.  All owners of residential and commercial premises shall be responsible for proper storage of all garbage and yard waste to prevent materials from being blown or scattered around neighboring yards and streets.
  4. Location of Containers for Collection. Containers for the storage of solid waste awaiting collection shall be placed at the curb or alley line by the owner or occupant of the premises served.  Containers or other solid waste placed at the curb line shall not be so placed more than 24 hours in advance of the regularly scheduled collection day and shall be promptly removed from the curb line following collection.
  5. Nonconforming Containers. Solid waste placed in containers that are not in compliance with the provisions of this section will not be collected.

105.11     PROHIBITED PRACTICES.  It is unlawful for any person to:

  1. Unlawful Use of Containers. Deposit refuse in any solid waste containers not owned by such person without the written consent of the owner of such containers.
  2. Interfere with Collectors. Interfere in any manner with solid waste collection equipment or with solid waste collectors in the lawful performance of their duties as such, whether such equipment or collectors be those of the City, or those of any other authorized waste collection service.
  3. Burn rubbish or garbage except in incinerators designed for high temperature operation, in which solid, semisolid, liquid, or gaseous combustible refuse is ignited and burned efficiently, and from which the solid residues contain little or no combustible material, as acceptable to the Environmental Protection Commission.
  4. Take or collect any solid waste that has been placed out for collection on any premises, unless such person is an authorized solid waste collector.

[The next page is 565]

 

CHAPTER 106

COLLECTION OF SOLID WASTE

106.01 Collection Service 106.06 Right of Entry
106.02 Collection Vehicles 106.07 Contract Requirements
106.03 Loading 106.08 Collection Fees
106.04 Frequency and Time of Collection 106.09 Lien for Nonpayment
106.05 Bulky Rubbish  

106.01     COLLECTION SERVICE.  The City shall provide by contract for the collection of solid waste, except bulky rubbish as provided in Section 106.05, from residential premises only.  The owners or operators of commercial, industrial, or institutional premises shall provide for the collection of solid waste produced upon such premises.

106.02     COLLECTION VEHICLES.  Vehicles or containers used for the collection and transportation of garbage and similar putrescible waste or solid waste containing such materials shall be leak-proof, durable and of easily cleanable construction.  They shall be cleaned to prevent nuisances, pollution, or insect breeding and shall be maintained in good repair.

(IAC, 567-104.9[455B])

106.03     LOADING.  Vehicles or containers used for the collection and transportation of any solid waste shall be loaded and moved in such a manner that the contents will not fall, leak, or spill therefrom, and shall be covered to prevent blowing or loss of material.  Where spillage does occur, the material shall be picked up immediately by the collector or transporter and returned to the vehicle or container and the area properly cleaned.

106.04     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 will notify the City of Belle Plaine when the regularly scheduled pickup day is changed for any reason and the City of Belle Plaine will put out broadcasts on local media in an attempt to notify the public.

106.05     BULKY RUBBISH.  Bulky rubbish that is too large or heavy to be collected in the normal manner of other solid waste may be collected by the collector upon request in accordance with procedures established by the Council.

106.06     RIGHT OF ENTRY.  Solid waste collectors are hereby authorized to enter upon private property for the purpose of collecting solid waste, as required by this chapter; however, solid waste collectors shall not enter dwelling units or other residential buildings.

106.07     CONTRACT REQUIREMENTS.  No person shall engage in the business of collecting, transporting, processing or disposing of solid waste from residential premises for the City without first entering into a contract with the City.  This section does not prohibit an owner from transporting solid waste accumulating upon premises owned, occupied or used by such owner, provided such refuse is disposed of properly in an approved sanitary disposal project.  Furthermore, a contract is not required for the removal, hauling, or disposal of earth and rock material from grading or excavation activities, provided that all such materials are conveyed in tight vehicles, trucks or receptacles so constructed and maintained that none of the material being transported is spilled upon any public right-of-way.

106.08     COLLECTION FEES.  The City provides residential services only.  The collection and disposal of solid waste as provided by this chapter are declared to be beneficial to the property served or eligible to be served and there shall be levied and collected fees for the same, in accordance with the following:

(Goreham vs. Des Moines, 1970, 179 NW 2nd, 449)

  1. Fee for Collection. The fee for solid waste collection, recycling, and disposal service, used or available, of $19.91 per month.
  2. Payment of Bills. All fees are due and payable under the same terms and conditions provided for payment of a combined service account as contained in Section 87.04 of this Code of Ordinances.  Solid waste collection service may be discontinued in accordance with the provisions contained in Section 87.05 if the combined service account becomes delinquent, and the provisions contained in Section 87.08 relating to lien notices shall also apply in the event of a delinquent account.

106.09     LIEN FOR NONPAYMENT.  Except as provided for in Section 87.07 of this Code of Ordinances, the owner of the premises served and any lessee or tenant thereof are jointly and severally liable for fees for solid waste collection and disposal.  Fees remaining unpaid and delinquent shall constitute a lien upon the property or premises served and shall be certified by the Clerk to the County Treasurer for collection in the same manner as property taxes.

(Code of Iowa, Sec. 384.84)

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