CHAPTER VIII. HEALTH AND SANITATIONCHAPTER VIII. HEALTH AND SANITATION\ARTICLE 4. SOLID WASTE

Except as provided herein the fees and regulations for the collection and disposal of solid waste within and outside the City of Russell shall be set by adopting a resolution as authorized by this article. The Governing Body shall set and thereafter amend solid waste and disposal rate and regulations by Resolution adopted by a majority vote of the full membership of the Governing Body.

(Ord. 1390; Ord. 1508; Ord. 1590; Ord. 1736, Sec. 1)

For the purpose of this article, the following terms, phrases, words and their derivatives shall have the meaning given herein. The word “shall” is always mandatory and not merely directive.

(a)   Garbage and Refuse. This shall consist of:

(1)   Wastes from preparation, cooking and consumption of foods and foodstuffs, and market refuse and wastes from handling, preparation, storage and sale of foods and foodstuffs.

(2)   Paper, tin cans, bottles, glass, crockery, rags, clothing, cardboard and other items of a similar nature.

(3)   Small twigs and shrubs and organic garden waste. Garbage and refuse shall not include special material, hazardous materials, yard waste, and demolition material as defined in this article.

(b)   Special Material. This shall consist of bulky materials or other special wastes that are not capable of being disposed of within the storage containers described in section 8-402(p) or (q) and is not otherwise defined herein.

(c)   Hazardous Materials. This shall consist of solid and liquid wastes which require special handling and disposal to protect life and conserve the environment and shall include but is not limited to: ashes, poisons, pesticides, herbicides, acids, caustics, pathological and medical wastes, materials contaminated by infection or contagious disease, radioactive materials, flammable or explosive materials, paints, oils and solvents, asbestos, PCB’s, and similar chemicals and materials, and shall include other materials which may present a special hazard to collection or disposal personnel, equipment or to the public.

(d)   Demolition and Construction Materials. This shall consist of building materials permitted to be disposed of in the authorized county landfill.

(e)   Yard Waste. This shall consist of grass and leaves.

(f)   Residence. A dwelling unit such as a home, mobile home, or multi-family dwelling under six units within one location.

(g)   Commercial Establishment. Mercantile, industrial, business assembly, public, institutional and all other establishments commonly designated as such or as hereafter may be designated as such, or commonly considered non-residential. Housing complexes with six or more units within one location shall be considered as a commercial establishment, except that the property owner may request residential service for each individual unit having separate utility billing in which case each unit will be charged the residential rate.

(h)   City. All area within the corporate limits of Russell.

(i)    County. All area within the political boundaries of Russell County, Kansas.

(j)    County Approved Contractor. A person with whom the county has contracted to dispose of solid waste.

(k)   Person. Any person, firm, partnership, association, corporation, or company or organization of any kind.

(l)    Public Works Director. That person so designated by the city manager to be responsible for the duties of the position and to work with the county sanitarian.

(m)  County Sanitarian. That person so designated by the county governing body to be responsible for the duties of the position.

(n)   City Approved Solid Waste Contractor. The city shall have the right to enter into a contract with any responsible person for collection and disposal of solid waste upon approval of the Governing Body. Such person when approved by the Governing Body shall be a City Approved Solid Waste Contractor.

(o)   Solid Waste. All non-liquid garbage, refuse, rubbish or trash, but does not include special materials, hazardous materials, demolition and construction materials and yard wastes as defined above.

(p)   Residential Solid Waste Containers. Each container shall be windproof, water tight and of sufficient strength to hold the solid waste placed in it. Containers shall be kept closed at all times except when dumping solid waste. Plastic bags manufactured for garbage and refuse disposal may be used but shall be securely closed. The containers shall not exceed 32-gallon capacity and weigh no more than 50 pounds per container when filled. Or at the customer’s option polycarts, of a type and design approved by the public works director, not exceeding 90-gallon capacity nor weighing more than 150 pounds when filled may be used. All containers, except bags, shall have handles of suitable construction to permit lifting and shall be made of non-rusting materials. All solid waste shall be drained of liquids before being placed in bags, containers or polycarts.

(q)   Commercial Solid Waste Containers. Each container shall be wind proof, watertight and of sufficient strength to hold the solid waste placed in it. Containers shall be kept closed at all times except when dumping solid waste. Acceptable containers are residential solid waste containers described above or two-yard dumpster capacity, of a type and design approved by the Public Works Director, and not to exceed 250 pounds when filled.

(Ord. 1590; Ord. 1736, Sec. 1)

(a)   Except as otherwise provided herein, all solid waste accumulated in the city shall be collected and conveyed to an approved landfill site by the city or a city approved solid waste contractor. All occupied residences shall be charged the monthly fee(s) as provided by city resolution.

(b)   All persons within the city shall dispose of solid waste in containers described in section 8-402.

(c)   It shall be unlawful for any person, except as herein after stated, to haul solid waste over the city streets. Those persons authorized to haul solid waste are persons contracted with the county or city to haul solid waste, city or county employees transporting solid waste in the course of their employment with the city or county, and persons traveling to either the county landfill for disposal of solid waste or to an authorized recycling center with solid waste acceptable by the facility.

(d)   Special container waste. Animal manure shall be separately contained in leak proof, sealed disposable container(s) provided by the customer and then placed in the approved solid waste container.

(e)   No person shall deposit any hazardous materials, demolition and construction materials or yard wastes in a solid waste container for collection by the city.

(f)   Handling and disposal of hazardous material shall be done in accordance with applicable federal, state and local law.

(Ord. 1590; Ord. 1736, Sec. 1)

No owner or occupant of premises shall permit to accumulate quantities of solid waste materials within the city unless the same is stored in approved containers and in such a manner as not to create a health, fire, or other hazard. It shall be unlawful for any person to throw, place, deposit or allow to accumulate, leave or cause to be thrown, placed, deposited or left upon any sidewalk, gutter, street, alley, thoroughfare, park, other public grounds or any city owned property, any solid waste, trash, filth, dirt, litter of any kind except by depositing the same in residential or commercial solid waste containers.

(Ord. 1590; Ord. 1736, Sec. 1)

It shall be unlawful for any person to:

(a)   Deposit solid waste in any container other than that owned or leased by such person or under such persons control with the intent of avoiding payment of the refuse service charges;

(b)   Interfere in any manner with employee of the city or its approved solid waste contractor in the collection of solid waste;

(c)   Burn solid waste except in an approved incinerator and unless a variance has been granted and a written permit obtained from the city or appropriate air pollution control agency;

(d)   Bury solid waste at any place within the city.

(Ord. 1590; Ord. 1736, Sec. 1)

(a)   Nothing in this article shall prevent any person from encumbering the streets or alleys with building materials or earth as may be necessary for the purpose of construction, erection, adding to, remodeling or repairing any building or structure or resulting from demolition operations; provided however, that in the event of such encumbering of the streets and alleys, the contractor, owner or occupant shall do so in accordance with the law and remove any and all material remaining within ten (10) days from the completion of the work and shall leave the streets and alleys in the same condition that they were in prior to such use thereof.

(b)   Nothing in this article shall be construed as prohibiting construction contractors, tree surgeons, roofers, and other private contractors, whose operations result in the accumulations of demolition and construction material or trees and branches from hauling and disposing of said materials resulting from their own operations, provided they shall, at all times, comply with the regulations of this article and any landfill restrictions.

(c)   In situations which are not contemplated or considered by the terms and conditions of this article, the city public works director shall have the power and the authority to grant special rights and privileges on a temporary basis for the collection, hauling and disposal of demolition and construction material where such special privileges are required in order to maintain the health and sanitation of the city and its inhabitants or such right and privilege is required to avoid the creation of a public nuisance.

(Ord. 1590; Ord. 1736, Sec. 1)

All solid waste, except that taken to an approved recycling center, shall be collected and disposed of in accordance with the solid waste disposal agreement entered into between Russell County and the county approved contractor or in accordance with the county landfill regulations. All special materials, unless special arrangements are made with the Public Works Director for disposal of special materials, yard waste, and demolition and construction materials shall be disposed of by the owner in accordance with county landfill regulations.

(Ord. 1590; Ord. 1736, Sec. 1)

Any person transporting any material to the landfill or recycling center shall securely tie in place the contents to prevent it from scattering along the streets and alleys, and such materials shall be transported in such a manner that the contents will not come into contact with any alley or streets as to mark the streets.

(Ord. 1590; Ord. 1736, Sec. 1)

It shall be unlawful for any person to kindle or maintain any bonfire or any rubbish fire or authorize any such fire to be kindled or maintained on or in any public sidewalk, street, alley, road or other public ground, except in authorized fireplaces in park locations, unless permission from the fire department shall have first been obtained.

(Ord. 1590; Ord. 1736, Sec. 1)

Special materials, such as furniture and large tree limbs, may be picked up by the city at the discretion of the city’s Public Works Director. The city’s charge for the service will be determined by the city’s Public Works Director depending upon weight and material type. Those special materials requiring special hauling may be picked up by any other person hired to perform the job and transported for disposal to the county landfill if acceptable to the county approved contractor.

(Ord. 1590; Ord. 1736, Sec. 1)

It shall be the duty of every person in possession, charge or control of any place, premises, dwelling, commercial establishment, building or structure from which solid waste accumulates in the city to provide or cause to be kept or provided suitable containers or enclosures for holding and storing such solid waste. Suitable containers or enclosures are residential solid waste containers and commercial solid waste containers as defined in section 8- 402 above.

(Ord. 1590; Ord. 1736, Sec. 1)

Solid waste collectors employed by the city or operating under contract with the city, are hereby authorized to enter in and upon private property for the purpose of collecting solid waste containers therefrom as required by this article.

(Ord. 1590; Ord. 1736, Sec. 1)

Ownership of solid waste when placed with the county approved contractor shall be vested in the contactor and shall therefore be subject to the exclusive control of the contractor, it’s employees or agents. No person shall meddle with solid waste containers or in any way pilfer or scatter contents thereof in any alley, street, or yard in the city.

(Ord. 1590; Ord. 1736, Sec. 1)

Containers for the storage of solid waste shall be placed and kept by the occupants of premises in the following locations:

(a)   All dwellings and commercial establishments shall place containers at a suitable, accessible location or at such location as may be designated by the city Public Works Director. Alley lines are preferred and street curbs acceptable as locations when no alleys are accessible.

(b)   All containers or enclosures shall be maintained in a clean and sanitary manner by the person or persons in possession of the premises, which the container(s) serve.

(c)   All dumpsters shall be placed on a hard surface free from obstruction for servicing by the city.

(d)   On day of service, containers shall be placed at curbside or alley as required, and free from obstruction, for service by 8:00 AM and returned to the house by sundown.

(Ord. 1590; Ord. 1736, Sec. 1)

(a)   Residential. Solid Waste accumulated by residences and placed in City approved containers shall be collected once each week. Where necessary to protect the public health, the Public Works Director shall have the authority to require that more frequent collections be made.

(b)   Commercial. Commercial establishments may enter into an agreement with the city or city approved solid waste contractor for greater frequency of collection. Where necessary to protect the public health, the Public Works Director shall have the authority to require that more frequent collections be made.

(Ord. 1590; Ord. 1736, Sec. 1)

No person shall haul, dispose or cause to be handled for disposal any solid waste or other waste materials of any kind to any place, site or area within or without the limits of the city unless such site is a sanitary landfill, authorized recycling center, transfer point or disposal facility approved by the Kansas Department of Health and Environment.

(Ord. 1590; Ord. 1736, Sec. 1)

Solid waste charges shall be billed monthly and shall be included on the water and electric bills. Delinquent solid waste bills shall carry the due dates, grace period and penalties as other bills.

(Ord. 1590; Ord. 1736, Sec. 1)

Any person convicted of depositing hazardous materials in violation of the provisions of this article shall be fined an amount of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($ 500.00) plus 105% of the cost of all clean-up and disposal of the materials, or shall be imprisoned for a period of not less than five (5) days nor more than ninety (90) days, or by any combination of such fine and/or imprisonment; and upon a second or subsequent conviction of the violation, such person may be barred from offering any solid waste for collection by the City of Russell or any agency operating under their authority. Any person convicted of violating any other section of this article shall be fined in amount not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00).

(Ord. 1590; Ord. 1736, Sec. 1)