Chapter 8.30
SOLID WASTE SERVICES
Sections:
8.30.020 Landfill general fee application.
8.30.030 Fee assessment, permitting, administration and operations.
8.30.040 Regulation of storage, collection, transportation, disposal and reclamation of solid waste.
8.30.050 Responsibility for solid waste disposal and recovery of disposal costs.
8.30.060 Dedication of collected fees.
8.30.010 Definitions.
“Approved site” means a site permitted and approved by the State Department of Environmental Quality as a site for the disposal of solid waste.
“Bulky items” means large items of solid waste whose size or shape precludes or complicates their handling by normal collection, processing or disposal methods. Materials defined as bulky waste will be determined on a site-specific basis, depending on equipment and facilities available. These items may include, but are not limited to, furniture, mattresses, and barrels, among others.
“Commercial solid waste hauler” means any person who receives compensation for hauling solid or liquid waste to an approved site, including landscapers.
“Compacted” means compressed through hydraulic or mechanical means.
“Department” means the public works department of the town of Huachuca City.
“Director” means the public works director of the town of Huachuca City.
“Permitted contractor” is a commercial solid waste hauler who has a valid permit from the public works department to recover and transport solid waste.
“Person” means any public or private corporation, company, partnership, firm, association or society of persons, or entity, including governmental entities, as well as a natural person.
“Sanitary landfill” means a disposal site employing an engineered method of disposing of solid waste in a manner that minimizes environmental hazards by spreading and compacting all wastes to the smallest practical volume, and by applying cover material over all exposed wastes at the end of each operating day.
“Solid waste” means all putrescible and nonputrescible solid and semi-solid wastes, including any garbage, trash, rubbish, refuse, sludge, ashes, dead animals, manure, street and parking lot cleanings, and other discarded material, but not including domestic sewage or hazardous wastes or liquid wastes.
“White goods” means large household appliances including but not limited to refrigerators, stoves, ovens, washers, dryers and hot water heaters. (Ord. 91-004, 1991; prior code § 10-6-1)
8.30.020 Landfill general fee application.
All persons disposing of waste at the Huachuca City landfill shall be charged a fee. The fee shall be due in cash at the time of usage unless other arrangements have been made with the department of town clerk. Payment of solid waste fees may also be made in advance of use. The fee collection program will be administered by the town clerk. (Ord. 01-015 § 7, 2001; Ord. 91-004, 1991; prior code § 10-6-2)
8.30.030 Fee assessment, permitting, administration and operations.
A. Fee Schedule. Fees for use of the Huachuca City landfill shall be assessed at $10.00 per residential vehicle (car, van, station wagon, pickup, or single-axle trailer); and $35.00 per ton for all other vehicles. The fee schedule may be amended by resolution of the town. The fee schedule for commercial solid waste haulers will be based on weight.
Commercial and business customers: $35.00/ton, 2,500-ton minimum.
Dead animals – livestock (if accompanied with livestock inspector or veterinarian certification of death): $35.00/ton, $10.00 minimum.
Not accepted: tires, white goods (refrigerators, air conditioners, stoves, washers, etc.), liquids, waste oil, antifreeze.
B. Commercial Solid Waste Haulers’ Permit and Fees. No commercial solid waste hauler shall be authorized to use the Huachuca City landfill facility in whole or in part without first obtaining a commercial solid waste hauler permit. This permit shall be issued by the director upon the completion of the required application form. This permit may be renewed annually, depending upon satisfactory compliance with the terms and conditions of this chapter. Beginning on November 1, 1991, and thereafter, no commercial solid waste hauler shall be allowed to use the Huachuca City landfill without first presenting a valid commercial solid waste hauler permit or copy thereof at the landfill site prior to disposal of any solid waste. No commercial solid waste hauler shall be permitted to deposit solid waste in the Huachuca City landfill without the express written permission of the director.
C. Determination of Charges. The Huachuca City landfill or collection station cashier shall determine whether a particular load is commercial or residential.
The user shall, at the time of use, abide by that decision. If a user believes he has been wrongly charged the commercial rate, he may submit an affidavit to the director, stating that the load was noncommercial. Depending on the director’s determination of the load’s status, the difference between the commercial and the noncommercial fee may be refunded to the user.
D. Billing. Any commercial solid waste hauler may, upon application, pay solid waste service fees through a monthly billing from the department. Monthly bills shall be due and payable upon receipt. Any bill unpaid after 15 days shall be considered in arrears. Any person in arrears on a monthly billing may be required to provide a cash deposit in a reasonable amount to the department to continue monthly billings. The deposit may be applied by the department against any amount unpaid 60 days after date of billing. At such time as such a person no longer desires a monthly billing, any amount remaining in the cash deposit will be returned to the person. The director may terminate a monthly billing privilege at any time.
E. Delinquency.
1. Any monthly bill in arrears shall be considered delinquent. There shall be added charges for:
a. Interest at the rate of one and one-half percent per month on the sum of delinquent payments, compounded monthly; and
b. Any legal and administrative expenses incurred necessary to secure payment.
2. When a payment has been delinquent for more than 60 days, a written notice may be sent to the address listed for such account, stating the total amount of delinquent payments then due and the period of time for which the payment has been delinquent.
3. If the delinquent payments are not paid within 10 working days from the date of the delinquency notice, the director or his agents may take appropriate steps to collect all outstanding payments and at the option of the director may refuse to accept solid waste from the delinquent hauler. (Res. 13-08, 2013; Res. 11-07, 2011; Ord. 08-08, 2008; Res. 06-06, 2006; Ord. 01-015 § 7, 2001; Ord. 97-001, 1997; Ord. 95-006, 1995; Ord. 91-004, 1991; prior code § 10-6-3)
8.30.040 Regulation of storage, collection, transportation, disposal and reclamation of solid waste.
A. Pursuant to the authority of ARS Sections 49-704 and 49-765, the Waste Management Rules promulgated by the Arizona Department of Environmental Quality, codified in the Arizona Administrative Code, Title 18, Article 5, R18-8-501 et seq., as they may be amended from time to time, are hereby incorporated by reference as the Huachuca City rules regulating the storage, collection, transportation, disposal and reclamation of solid waste. The director is authorized to enforce these rules to protect public health and safety and the environment and to prevent and abate public nuisances.
B. The director may permit salvaging of solid waste at the Huachuca City landfill; provided, that any such salvaging is subject to such terms and conditions as the director determines to be appropriate to comply with this chapter and other applicable laws and regulations. (Ord. 91-004, 1991; prior code § 10-6-4)
8.30.050 Responsibility for solid waste disposal and recovery of disposal costs.
A. When solid waste is dumped or deposited in a manner not authorized by law and items in the solid waste identify the same person as the owner or recipient of that item, there shall be a rebuttable presumption that the person is responsible for the unlawful dumping of solid waste.
B. If a person disposes of solid waste in a manner not authorized by law and the town arranges for or executes the lawful disposal of the solid waste, that person shall be responsible to Huachuca City for all reasonable costs and expenses associated with the transportation, disposal and cleanup of solid waste.
C. If a person disposes of solid waste in a manner not authorized by law and the owner of the property on which the solid waste was unlawfully dumped, deposited or disposed of arranges for or executes the lawful disposal of the solid waste, the person in violation shall be responsible to the property owner for all reasonable costs and expenses associated with the transportation and disposal of the solid waste.
D. If the town or a property owner files suit to collect their reasonable costs and expenses as provided in subsections B and C of this section, the court may award a reasonable amount as attorney’s fees to the prevailing party.
E. If any person stores, collects, transports, disposes or reclaims solid waste in violation of this chapter, the director, acting through the town attorney, in addition to other remedies provided by this chapter and applicable law, may institute an injunction, mandamus, abatement, or any other appropriate action or proceeding to prevent or abate any unlawful act or cause removal of any unlawful deposit. (Ord. 01-015 § 7, 2001; Ord. 91-004, 1991; prior code § 10-6-5)
8.30.060 Dedication of collected fees.
All fees, penalties, and interest that are collected pursuant to this chapter shall be dedicated to the costs of administering this program and to the costs incurred by the town in connection with providing solid waste disposal services. In the event that general funds have been expended for such services in any fiscal year, revenues generated in that fiscal year may be used to reimburse the general fund to the extent of such expenditure. In no event shall these revenues be used for other general fund purposes, except for such direct reimbursement of solid waste disposal services. (Ord. 01-015 § 7, 2001; Ord. 91-004, 1991; prior code § 10-6-6)
8.30.070 Penalties and fines.
A violation of this chapter is a class one misdemeanor. Any person who violates this chapter may be subject to a fine not to exceed $2,500 or a term of imprisonment not to exceed six months, or both. (Ord. 01-015 § 7, 2001; Ord. 91-004, 1991; prior code § 10-6-7)
8.30.080 Effective date.
This chapter shall become effective on November 1, 1991. The department is directed to implement the appropriate provisions of this chapter as rapidly as possible after this date, in a manner in which the director determines to be appropriate to achieve public awareness and compliance with these provisions. (Ord. 91-004, 1991; prior code § 10-6-8)
8.30.090 Severability.
In the event that any provision of this chapter or the application thereof is held to be invalid, such invalidity shall have no effect on other provisions and their applications which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are severable. (Ord. 91-004, 1991; prior code § 10-6-9)