CHAPTER 6.10
REFUSE DIVISION – COLLECTION, REMOVAL AND DISPOSAL

Sections:

6.10.010    Application – Territory – Authority.

6.10.020    Intent.

6.10.030    Definitions.

6.10.040    Refuse division created – Operation.

6.10.050    Containers – Storage and removal responsibility.

6.10.060    Containers – Maintenance and location.

6.10.070    Containers – Placement.

6.10.080    Designated materials – Preparation and storage.

6.10.090    Burning – Conditions.

6.10.100    Handling uncontained material and swill – Container location.

6.10.110    Undesignated waste matter – Owner or occupant removal responsibility.

6.10.120    Containers – Delivery and recordkeeping.

6.10.130    Extraordinary costs charged to customer.

6.10.140    Modification of containers.

6.10.150    City cleanup week.

6.10.160    Hazardous waste.

6.10.170    Collection – Restrictions on materials.

6.10.180    Unlawful disposal.

6.10.190    Collection – Outside agencies.

6.10.200    Collection – Frequency.

6.10.215    Sale of finished compost.

6.10.220    Billing, collection and fees.

6.10.240    Collection – Charge – Assessments as based upon water and sewer use.

6.10.250    Disposal of garbage and other refuse.

6.10.260    Collection – Authority.

6.10.270    Reports to council.

6.10.280    Director – Administration.

6.10.290    Ownership of collected waste.

6.10.300    Administration – Regulatory power delegated.

6.10.310    Storage and collection – Notice of deficiency.

6.10.320    Violation – Storage and collection – Fees.

6.10.330    Violation – Unlawful use of container.

6.10.340    Violation – Civil penalty.

6.10.010 Application – Territory – Authority.

This chapter shall apply to all territory embraced within the corporate limits of the City. Pursuant to authority conferred upon the City by law, the City may buy, own, operate, maintain or lease the equipment for the collection, removal and disposal of garbage and refuse from within the City and may do all other things necessary, proper and incidental thereto. (Ord 92-05 §3, 1992)

6.10.020 Intent.

The maintenance of health and sanitation require, and it is the intention of this chapter, to make the collection, removal and disposal of garbage and refuse within the City compulsory and universal. (Ord 92-05 §3, 1992)

6.10.030 Definitions.

For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows:

"Compost" means the stabilized product of the composting process which is beneficial to plant growth; it has undergone an initial rapid stage of decomposition including the Process to Further Reduce Pathogens and is in the process of humification.

"Container" means a container furnished by the City of various sizes from sixty-gallon to four hundred-gallon capacity, for use with the City’s automated refuse collection vehicles, or Container, Rear-load.

"Rear-load container" means a container furnished by the City, of various sizes from one cubic yard to ten cubic yards’ capacity, also known as a dumpster, for use with the City’s rear-load refuse collection vehicles.

"Director" means the City’s Public Works Director or his/her designee.

"Garbage" means all accumulations of waste matter, such as kitchen and table waste, bottles, cans, wrappings, small discarded containers, small dead animals weighing under fifteen pounds, hollow ware and every accumulation of animal, fruits and vegetable waste from the preparation of processing, cooking, storage or handling of meats, fish, fowl, fruits and vegetables. Garbage does not include swill, sewage and human body wastes.

"Hazardous waste" means any moderate-risk waste ("MRW") or household hazardous waste ("HHW") as defined by the regional local hazardous waste management plan as adopted by Grant, Adams and Lincoln Counties, June 1991, and any provision of a comparable future waste management plan that amends, supplements or supersedes the present waste management plan, and includes such materials as pesticide and herbicide containers, paint containers, waste oil, batteries and like materials. Hazardous waste also includes any dangerous wastes requiring special handling.

"Medical waste" means any waste material generated by any hospital, medical facility, nursing home, veterinary facility, or like facility, that is or may become infectious or otherwise hazardous to human life and/or health. This category includes but is not limited to such items as blood, needles and other sharp objects, scalpels, byproducts of surgery and medical treatment, and similar materials.

"Person" means every person, firm, partnership, association, institution and corporation. It also means the occupant and/or owner of the premises to which service mentioned in this chapter is provided.

"Process to Further Reduce Pathogens – PFRP" means the process by which Compostable material is raised to a minimum temperature of 131 degrees Fahrenheit for a minimum of 3 days to reduce the pathogen content of the finished Compost.

"Putrescible" means capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances from odors, gases and such. Kitchen wastes, intestine and discarded animal parts and dead animals are examples of putrescible components of garbage.

"Refuse" means and includes, but is not limited to waste such as ashes, cinders, clinkers, broken-up household furnishings and equipment from dwellings, boxes, small barrels, cartons, paper, tin cans, scraps of wooden crates and boxes, and discarded small home appliances. Large trees more than six feet long and four inches in diameter, earth, sand, gravel, rocks, broken concrete, plaster, bricks and other building/construction materials, automobile bodies/hulks, large automobile or machine parts, building waste, large appliances and fire refuse such as debris from burned buildings are excluded.

"Regional Yard Waste Compost Facility" means the City owned and operated facility at which the City accepts yard waste and other compostable material and process the material into a finished Compost product.

Roadway, Traveled. "Traveled roadway" means any street, avenue, alley, easement or any other area used by the City or which could be used by the City as a means of access to garbage and refuse storage areas.

"Senior citizen rate" means a rate charged to qualifying senior customers. In order to qualify, a customer must be over the age of sixty-five, must be the head of the household, must reside in a single-family dwelling, and must complete an affidavit provided by the Finance Officer/Clerk’s office attesting to these qualifications.

"Swill" means animal or vegetable matter, liquid or otherwise, that attends the preparation, processing, use, cooking, dealing in or storing of meat, fish, fowl, vegetables and other agricultural products, including cooking oils or greases.

"Yard waste" means grass and lawn cuttings, small twigs, leaves and shrub trimmings, and does not include tree limbs and other noncomposting materials, including plastic bags.

"Waste" means useless, unused, unwanted or discarded materials. (Ord 03-114 §1, 2003; Ord 92-05 §3, 1992)

6.10.040 Refuse division created – Operation.

There is created a division within the department of public works of the City under the supervision of the Director to be known and called the refuse division. The refuse division shall operate a system for the collection, removal and disposal of garbage, refuse and yard waste within the City. (Ord 92-05 §3, 1992)

6.10.050 Containers – Storage and removal responsibility.

It shall be the duty of every person in possession, charge or control of any place or residence or dwelling premises, hospital, school, hotel, motel, club, restaurant or eating establishment, or in possession, charge or control of any shop, place of business or processing, or manufacturing establishment, or any other activity or premises where garbage, refuse or yard waste is created or accumulated, to keep or cause to be kept at all times containers furnished by the City of proper size and construction to accommodate all garbage, refuse or yard waste generated at such premises, and to deposit or cause the same to be collected and disposed of by the City refuse division in accordance with the provisions of this chapter. (Ord 92-05 §3, 1992)

6.10.060 Containers – Maintenance and location.

B. All containers shall be maintained in a clean and sanitary condition both inside and outside such that they are free from accumulative grease and decomposition material. Areas around the containers shall be kept clean, and free of rubbish and debris. Lids for all containers shall be kept tightly closed and secured except when necessary to place or deposit garbage, refuse and/or yard waste in such containers. Containers shall not be filled with dishwater or other liquid or semiliquid kitchen waste which is properly disposable through the use of sanitary drains or sewers. Containers shall be so packed such that the contents will dump out readily when the container is inverted, and shall not be overloaded beyond the point where the lid cannot be securely replaced. The occurrence of an overloaded container shall enable the City to notify the customer of the violation of this section. An occurrence of an overloaded container within one hundred twenty days after such notice enables the City to replace the container with a larger container, pursuant to the provisions of Section 6.10.120(C).

C. Container Storage Requirements on Private Property. Where there are no alleys, or where it is determined that no alley access is available to the City’s refuse collection vehicles, all containers shall be kept on private property in a readily accessible location to the street, on the curbline thereof, on the day designated for collection. On all other days all containers shall be removed from street view. (Ord 98-33 §1, 1998: Ord 92-05 §3, 1992)

6.10.070 Containers – Placement.

A. Where containers are used, it shall be the duty of each person to provide a level surface on which to keep containers. The surface shall be large enough to allow easy pickup by the City’s automated refuse collection vehicles. The areas adjacent to all containers shall be kept clear of all vehicles, pallets, portable bins, overhanging branches, spilled garbage and refuse, and any other items that might interfere with collection. The minimum clearance required for each container shall be two feet on each side of the container and one foot between the rear of the container and any object, fence or other obstruction.

B. Where any rear-load container is kept, it shall be the duty of each person to provide a solid, level surface, such as concrete or asphalt, on which to keep the containers, the minimum dimensions of which shall be established and approved by the Director. The solid surface shall be large enough to permit the attachment of containers to the collection truck without the containers leaving the solid surface. (Ord 92-05 §3, 1992)

6.10.080 Designated materials – Preparation and storage.

A. The City reserves the right to require the separation of paper and other recyclables, swill, or other components of garbage, refuse and yard waste, or any of them, one from the other, and may require the deposit thereof into separate cans or receptacles and may prescribe from time to time the method of disposal thereof. When such separation of materials is required, the City may supply suitable containers for this purpose, and will charge for those containers pursuant to Section 6.10.020.

B. Putrescible garbage shall be drained and wrapped in paper or other suitable material before deposit into the garbage containers.

C. Any ashes deposited in a garbage container must be cool and contained in a paper bag.

D. Packing material, including but not limited to, shredded paper, styrofoam packing, plastic packing, and other such material commonly referred to as "packing peanuts" must be enclosed and contained in a suitable bag, box or other container to prevent the packing materials from littering the area when the garbage container is emptied. (Ord 92-05 §3, 1992)

6.10.090 Burning – Conditions.

A. No person shall burn refuse or garbage upon any street, alley, traveled roadway, vacant lot or upon any public or private property within the City unless otherwise provided for in this chapter.

B. No person shall maintain upon the premises any receptacle, such as a burn barrel, for the disposal of garbage, refuse, yard waste or other waste by outdoor or open burning. Incinerators may be allowed when installed in accordance with approved by and permitted by the appropriate local, state and federal agencies.

C. Brush, leaves, cuttings from trees, lawns, shrubs and gardens, untreated wood, and other yard wastes may be burned on private property only at such times that outdoor or open burning is permitted and an outdoor burning permit, has been obtained from the appropriate state and/or federal authorities. No use of a receptacle, such as a burn barrel, shall be permitted for any burning done in accordance with this provision.

D. No person shall at any time burn any putrescible garbage, refuse, material or any other garbage or waste which will contribute to air pollution or affect the peaceful residential use of property.

E. No outdoor or open burning of any materials of any kind shall be permitted within the City limits of Quincy without a valid permit issued by the appropriate state and/or federal agency.

(Ord 94-05 §1, 1994: Ord 92-05 §3, 1992)

6.10.100 Handling uncontained material and swill – Container location.

A. No person shall dump, bury, or otherwise dispose of garbage, refuse or yard waste upon any street, alley, traveled roadway, vacant lot or other public place within the City.

B. No person conducting business in any hotel, restaurant or any public eating place shall deposit, throw or place swill, garbage, or other refuse in any street, alley or traveled roadway, or other public place, or upon private property, regardless of the ownership, unless the garbage or swill is enclosed in containers of a type approved by the Director and which shall be watertight and shall have tightly fitting covers, which covers shall not be removed except when absolutely necessary for the depositing and removal of swill.

C. Such vessels or tanks shall be kept in the rear of the premises or in the basement or other place authorized by the Director so as to be readily accessible for collection and shall not be kept upon the street, alley, traveled roadway, sidewalk or public place. All such tanks or vessels shall be promptly delivered to the collector when called for and shall be returned to him/her without unnecessary delay, and no persons, except for the purpose of collection, shall in any manner interfere with the containers or with the contents thereof. (Ord 92-05 §3, 1992)

6.10.110 Undesignated waste matter – Owner or occupant removal responsibility.

It shall be the responsibility of every person to promptly and properly remove from his/her premises rocks, boards, tree branches, appliances, large containers, or any other waste matter not picked up by the City during normal operations of the refuse division because of such person’s noncompliance with any applicable section of this chapter. (Ord 92-05 §3, 1992)

6.10.120 Containers – Delivery and recordkeeping.

A. The City will deliver a household refuse container to each residential customer.

B. The City will deliver containers of the appropriate type and size to every commercial or nonresidential customer.

C. The City will replace an existing container with a different size container on request from any customer, provided the requested size is available. The City may replace an existing container with a larger container upon the violation of Section 6.10.060. A residential customer may replace the larger container with a container of the original size after one hundred twenty days after the provision of the larger container by the City.

D. The City will deliver a yard waste container to each residential customer in early spring and will pick up the container in late fall. The yard waste container will be automatically delivered unless the customer notifies the Finance Officer/Clerk in writing that the customer does not need it. The charges defined in the City’s Rate Resolution for yard waste containers are in addition to the applicable charge for household containers. For any person who fails to use or request a yard waste container and who continues to deposit yard waste into a household container, a yard waste container will automatically be delivered by the refuse division for which the person will be charged pursuant to the City’s Rate Resolution.

E. The City will deliver a rear-load container to any account for special use, upon request to the refuse division, provided the requested container is available and deemed appropriate. "Special use" shall include, but not be limited to, cleanup, construction, demolition and recycling activities.

F. The City will keep records of the serial numbers of all refuse containers delivered and the responsible customer’s name and address. (Ed. Note: This section referred to Section 6.10.210, which adopted rates, which was repealed by Ord 07-209, in favor of an adopted rate resolution. The foregoing section is therefore changed during compilation to refer to the City’s Rate Resolution; Ord 98-33 §2; Ord 92-05 §3)

6.10.130 Extraordinary costs charged to customer.

A. The City will clean the container for the customer, at a charge as provided in the City’s Rate Resolution, if and when notified of the need for cleaning.

B. Containers shall be replaced by the City at no charge when replacement is due to normal wear and tear. The customer shall be responsible for full replacement costs if replacement is required from misuse and/or abuse.

C. A callback fee as provided for in the City’s Rate Resolution will be charged to those accounts which have failed to put out garbage, refuse or yard waste on the proper day, or proper time of day, or when access to the container is blocked by vehicles or other obstructions, or when the container is improperly located, or for any other action or lack of action by such person which results in the unscheduled return of the refuse collection vehicle to the account. (Ed. Note: This section referred to Section 6.10.210, which adopted rates, which was repealed by Ord 07-209, in favor of an adopted rate resolution. The foregoing section is therefore changed during compilation to refer to the City’s Rate Resolution. Ord 92-05 §3)

6.10.140 Modification of containers.

No person shall paint, decorate or in any way alter or modify any container provided by the City. (Ord 92-05 §3)

6.10.150 City cleanup week.

One week in April and one week in October of each year shall be designated by the Director as City clean up week. Residential customers may dispose of any household items at no extra charge by delivering such items to a central place, to be designated by the Director, for collection. Household items may include appliances, mattresses, old furniture, brush and other authorized items. In addition, the City may make extra pickups at no extra charge after high-refuse-generation holidays such as Christmas, at the discretion of the Director. (Ord 92-05 §3)

6.10.160 Hazardous waste.

The City refuse division will not collect or pick up any material considered to be hazardous waste, medical waste, MRW or HHW waste under any circumstances. Any such waste shall be the responsibility of the person producing such waste and shall be directly disposed of in accordance with all local, state and federal laws. Where any waste is considered to be hazardous will be the decision of the Director. (Ord 92-05 §3)

6.10.170 Collection – Restrictions on materials.

A. Unless prior arrangements are made with the City refuse division for the collection of the following items, by way of a conventional dumpster, the following items shall not be collected or picked up by the City refuse division: earth, rock, mortar, plaster, sand, scrap wire, scrap lumber, construction and demolition waste, large accumulations of lawn renovations, large accumulations of containers from lawn plantings, any such container large than one-gallon size, tree stumps, tree limbs or shrubbery larger than three inches in diameter or four feet in length, or any items not entirely contained in the refuse container.

B. The City refuse division will only pick up and remove those materials placed in City provided containers. (Ord 92-05 §3)

6.10.180 Unlawful disposal.

No person shall burn, dump, collect, remove, or in any other manner dispose of garbage, refuse, yard waste, or any other waste material or swill upon any streets, alleys or public place or private property within the City other than as provided for in this chapter. (Ord 92-05 §3)

6.10.190 Collection – Outside agencies.

It shall be the responsibility of the City Council to review the materials being collected by the City refuse division and to allow an outside agency and/or refuse collector to pick up materials within the City that are either hazardous waste, or detrimental to the City’s collection system, or are being generated in volumes that exceed forty cubic yards per month. If the City Council chooses to allow such pickup by an outside agency or refuse collector, there shall be a letter of agreement or contract between the City and that agency or refuse collector, which shall set forth the terms and conditions of any such agreement and shall be reviewed annually. When any such agreement or contract is reached, all associated costs may, at the direction of the City Council, be passed on to the customer along with an added administrative fee. (Ord 92-05 §3)

6.10.200 Collection – Frequency.

The City refuse division shall collect, remove and dispose of all garbage and refuse in residential areas of the City at least once each week. The City refuse division shall collect, remove and dispose of all garbage and refuse from hotels, motels, boardinghouses, restaurants, eating establishments, apartment houses, schools, hospitals, other commercial or manufacturing establishments, and from the business and commercial zones of the City, with such frequency as is requisite and proper in consideration of the daily accumulation of refuse and garbage from those particular establishments. (Ord 92-05 §3)

6.10.215 Sale of finished compost.

The following rate is hereby established for the purchase of finished compost from the Regional Yard Waste Compost Facility:

Material

Measure

Rate (1/4 cubic yard min)

1/4 cy

1/2 cy

1-50 Cy

over 50 cy

Finished 5/8" minus Compost

Per cu. yd.

$3

$5.50

$10

$8

Finished course Compost

Per cu. yd.

$3

$5.50

$10

$8

(Ord 06-173 §1; Ord 03-119 §1; Ord 03-114 §2)

6.10.220 Billing, collection and fees.

The establishment of accounts for garbage and refuse, as well as the collection and payment of fees therefore, and the establishment of liens for violations of this chapter are set out in Chapter 3.05. (Ord 96-06 §3)

6.10.240 Collection – Charge – Assessments as based upon water and sewer use.

All active domestic water and/or sewer accounts within the City limits receiving City water and/or sewer services shall, during the time that the premises are receiving City water and/or sewer, be assessed and shall pay the applicable rates for garbage collection as provided for in this chapter. If the premises are to be unoccupied a period of time of at least sixty (60) consecutive days, the owner thereof may, upon prior application to and approval from the Director, receive a waiver of garbage collection charges during the period the premises are not occupied. Further, any premises not producing any refuse, garbage and/or waste may also upon prior application to and approval from the Director, receive a waiver of garbage collection charges during the period in which no garbage, refuse, and/or waste is produced. (Ord 08-245 §1; Ord 92-05 §3)

6.10.250 Disposal of garbage and other refuse.

All disposal of refuse and/or garbage shall be by sanitary fill method or methods specifically provided for and approved by the State Department of Health. All such disposal shall include the maximum practicable rodent, insect and nuisance control at the place of disposal. (Ord 92-05 §3)

6.10.260 Collection – Authority.

The City refuse division, by and through its duly authorized agents and employees, shall have the exclusive right to gather, collect and remove garbage, refuse and yard waste within the City except as provided for in Section 6.10.190. No person shall collect or gather garbage, refuse, or yard waste except manure or the contents of any septic tank, within the City, or deposit or dump the same or cause the same to be dumped or deposited upon any property, public or private, or in any water or watercourse within the corporate limits of the City, except as may otherwise be provided for in this chapter. (Ord 92-05 §3)

6.10.270 Reports to council.

The Director shall make quarterly reports to the City Council regarding the general condition of the City refuse division, the expenses of conducting the same, and the revenue produced together with such other, further, and necessary material and/or data as the City Council may from time and time request and require. (Ord 92-05 §3)

6.10.280 Director – Administration.

The Director shall have full charge and control of all work provided for and contemplated under this chapter and as may be provided for by rules and regulations subsequently adopted. The Director shall also have charge of all collections and the enforcement of all charges for services rendered. (Ord 92-05 §3)

6.10.290 Ownership of collected waste.

The City refuse division shall have title to all authorized garbage, refuse, yard waste, or any other waste material after the material has been collected by the City refuse division. (Ord 92-05 §3)

6.10.300 Administration – Regulatory power delegated.

The City shall have the power, from time to time, by resolution, or after council consideration by motion duly made and passed, to set forth and determine rules and regulations, duties and responsibilities, and any other such matters as may be necessary to carry into effect the provisions of this chapter. (Ord 92-05 §3)

6.10.310 Storage and collection – Notice of deficiency.

A. Whenever any person charged with the duty of preparing, storing or arranging for the collection of garbage or other refuse has failed to perform or observe the provisions or requirements of this chapter concerning garbage or refuse, or preparation, storage or collection thereof, the Director may mail or serve a written notice of such failure or deficiency upon such person. The written notice shall state the violations and any action(s) required to comply with the provisions of this chapter. The failure of such person to comply with a written notice within five days of receiving notice, and each day of noncompliance thereafter, constitutes a separate violation.

B. Violation of the burning restrictions defined in this chapter shall be abated immediately upon notification, regardless of whether the notification is written or verbal and, failure of any person to so immediately abate shall constitute a separate violation. (Ord 92-05 §3)

6.10.320 Violation – Storage and collection – Fees.

If it becomes necessary for the City to respond to any violation of the provisions of this chapter, a fee shall be charged, to the responsible person in an amount equal to any costs and expenses incurred by the City for any labor, materials and/or equipment required by and/or for such response. Failure to pay such fees shall result in a lien against the real property as provided for by law. (Ord 92-05 §3)

6.10.330 Violation – Unlawful use of container.

No person shall deposit garbage, refuse, swill or yard waste in a container assigned to someone else. No person shall place yard waste in household containers, and household waste (or yard waste in plastic bags) in yard waste containers. No person shall use a public container in a public park for anything but waste generated at such park or connected with park use, nor shall any person place waste brought in from outside the public area into such containers. (Ord 92-05 §3)

6.10.340 Violation – Civil penalty.

Any person violating any provision of this chapter shall be deemed to have committed a civil infraction and shall be subject to the penalties as provided in Section 1.01.110(A). (Ord 92-05 §3) (Changes were made during codification for hyperlinking)