Chapter 12.15
SOLID WASTE MANAGEMENT Revised 5/21 Revised 1/22
Sections:
Article I. Regulations
12.15.030 Garbage or refuse originating outside town.
12.15.050 Burning garbage and rubbish.
12.15.060 Collection generally.
12.15.070 Garbage containers – Placement.
12.15.080 Recycling containers.
12.15.090 Solid waste management fees and services. Revised 5/21
12.15.093 Recycling services rate adjustment tracker.
12.15.110 Liability for payment.
12.15.120 Delinquent accounts. Revised 5/21
12.15.130 Procedures and fees for disposal of refuse. Revised 1/22
12.15.140 Abandoned or unattended major appliances.
12.15.150 Roll-off containers – General penalty provision.
Article I. Regulations
12.15.005 Title of chapter.
This chapter shall be referred to as the solid waste management code. [Ord. 1637 § 1, 2016].
12.15.010 Definitions.
(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
(1) “Construction and demolition debris” means rubbish generated by the construction, remodeling, or demolition of buildings or building appurtenances and includes concrete, brick, wood, roofing materials, gypsum board, piping and building fixtures (cabinets, water closets, windows, etc.).
(2) “Dwelling unit” means a dwelling, or a portion of a dwelling, used by one family for cooking, living, and sleeping purposes eligible for refuse and recycling service provided by the town of Highland.
(3) “Dwelling(s)” means a dwelling, or a portion of a dwelling, used primarily as a place of abode for one or more human beings, including apartment houses, but not including motels or hotels.
(4) “Electronic waste (e-waste)” means waste that has one or more of these components: a circuit board, electronic component (diode, resistor, capacitor, or coil), display device, computer, or electronic device. It does not include vehicles or white goods (refrigerators, ranges, water heaters, or other similar large appliances).
(5) “Garbage” means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
(6) “Recyclables” means paper, cardboard, newspaper and all inserts, magazines, glass bottles and jars (clear, brown, green), tin cans, steel cans, aluminum cans, plastic containers (1-2-3 liter plastic pop containers, milk and water jugs, any liquid laundry detergent bottles) or other such items that the town and its recycling collection vendor deem to be recyclable in nature.
(7) “Refuse” means all putrescible and nonputrescible wastes (except human body wastes), including garbage and rubbish, and yard waste.
(8) “Rubbish” is limited to nonrecyclable putrescible and nonputrescible solid waste, both combustible and noncombustible, including paper, cardboard, bottles, tin cans, steel cans, aluminum cans, glass clippings, small amounts of branches (not to exceed one cubic yard) cut in three foot lengths and securely bundled, and one large item per week such as furniture and appliances.
(9) “Yard waste” means compostable organic waste resulting from the maintenance of lawns, gardens, landscapes and trees including grass clippings, tree branches, hedge trimmings, garden waste, and leaves. Pursuant to IC 13-20-9 et seq., the deposit of vegetative matter in solid waste landfill is prohibited except for:
(a) Grass;
(b) Woody vegetative matter that is less than three feet in length and bagged, bundled, or otherwise contained; or
(c) De minimis amounts of vegetative matter that are less than three feet in length, bagged, bundled, or otherwise contained; and not set out separately for collection and disposal.
“Yard waste” does not include sod, dirt, rock, sand, etc.
(10) “Refuse cart” is a container made of plastic equipped with suitable handles, tight-fitting covers, and wheels used for the purpose of disposing household refuse and yard waste. Refuse carts shall be watertight and of a type approved by the town with a capacity of 95 gallons, 65 gallons or 35 gallons, capable of being emptied by the use of hydraulic operators affixed to the refuse collection equipment. Refuse carts shall be blue in color. Refuse carts shall be provided and maintained (as it relates to normal wear and tear) by the curbside collection vendor/contractor. Refuse carts shall be replaced by the curbside collection vendor/contractor, at its sole expense, if damaged and cannot be repaired; provided, that such damage is caused by normal wear and tear or contractor negligence of handling the cart.
(11) “Garbage container” is a container made of plastic or metal equipped with suitable handles and tight-fitting cover, and/or plastic garbage bags or similar receptacles. Containers shall be watertight and of a type approved by the town with a capacity of not less than 20 gallons and not more than 32 gallons. Garbage containers are provided by the household and shall be kept clean, neat, and sanitary at all times.
(12) “Recycle cart” is a container made of plastic equipped with suitable handles, tight fitting covers, and wheels. Recycle carts shall be watertight and of a type approved by the town with a capacity of 95 gallons, 65 gallons, or 35 gallons, capable of being emptied by the use of hydraulic operators affixed to the refuse collection equipment. Carts shall be a blue in color, with a contrasting colored lid or other means of distinction, which readily identifies the cart as a recycle cart. Recycle carts shall be provided and maintained (as it relates to normal wear and tear) by the curbside collection vendor/contractor. Recycle carts shall be replaced by the curbside collection vendor/contractor, at its sole expense, if damaged and cannot be repaired; provided, that such damage is caused by normal wear and tear or contractor negligence of handling the cart. [Ord. 1637 § 1, 2016; Ord. 1698 § 5, 2019].
12.15.020 Enforcement.
The director of public works as superintendent of the sewage works, or his associate department directors, shall have authority to enforce this chapter. [Ord. 1637 § 1, 2016].
12.15.030 Garbage or refuse originating outside town.
No person shall dump garbage and/or rubbish within the town of Highland and the boundaries of the sanitary district unless when such garbage and/or rubbish has its origin within the town of Highland and the boundaries of the sanitary district. [Ord. 1637 § 1, 2016].
12.15.040 Littering.
It shall be an offense for any person to throw or deposit on any lot, ground, premises, right-of-way, street, alley, drive, sidewalk or parkway any garbage or rubbish except in containers as herein provided. [Ord. 1637 § 1, 2016].
12.15.050 Burning garbage and rubbish.
It shall be an offense for any person to openly burn or ignite refuse, garbage, or rubbish. [Ord. 1637 § 1, 2016].
12.15.060 Collection generally.
(A) The collection and disposal of refuse within the corporate limits of the town of Highland and the boundaries of the sanitary district shall be administered, operated, conducted, and/or maintained by and through the board of sanitary commissioners under the terms and the provisions of this chapter. The town of Highland shall have the right, exercisable by its board of sanitary commissioners, to appoint or contract with one or more persons, exclusively, or concurrently with the activities of the town, to collect and/or dispose of refuse, garbage or rubbish.
(B) Any person or persons owning or leasing any residence or establishment which fails to comply with the provisions of this chapter shall promptly remove and dispose of the garbage and rubbish accumulated by such person or persons at their own expense and in a sanitary manner.
(C) Except as otherwise provided in subsection (D) of this section, commercial units which include a building or part thereof or establishment for the conduct of a single business, apartment houses of more than two units, and except those three- and four-dwelling unit apartment houses that have separate water metered service and individual billing to each dwelling unit, motels, hotels, civic and athletic centers, and all other establishments which produce refuse, but are not dwellings, shall be responsible for the collection and disposal of refuse, garbage and rubbish in conjunction therewith.
(D) Option to Participate. Commercial units which include a building or part thereof or establishment for the conduct of a single business and also have a single dwelling unit, which would not otherwise participate in the municipal solid waste management program, may apply to the public works director for a “waiver and option to participate letter,” which would allow participation in the municipal solid waste program.
(1) In considering any application to participate, the public works director shall consider the following matters related to the delivery of service:
(a) Whether or not the applicant’s participation materially affects the effectiveness of any or all of the services as outlined in HMC 12.15.090.
(b) Whether or not the applicant’s participation materially affects the efficiency of any or all of the services as outlined in HMC 12.15.090.
(c) Whether or not the applicant’s participation is equitable and the participation is in the public interest.
(2) If the public works director determines and finds favorably for an applicant, a letter of waiver will be issued to the particular participant, a copy of which will be filed with the board of sanitary commissioners and office of the clerk-treasurer and which will remain in effect for the particular participant only.
(3) If an option to participate is granted, the participant shall be subject to the relevant provisions of this chapter, including the requirement to pay the monthly solid waste management fees as set forth in HMC 12.15.090.
(4) The public works director shall be authorized to make reasonable rules or conditions related to the “waiver and option to participate letter” with which the participant shall comply.
(5) Failure to comply with the rules or conditions of the waiver may result in revocation of the waiver and prevention from participation in the solid waste management program of the town.
(E) Limited Option for Exemption. Commercial units, which include a building or part thereof or establishment committed to the conduct of educational, literary, scientific, religious, or charitable purposes and also have a single dwelling unit, which would otherwise participate in the municipal solid waste management program, may apply to the public works director for an “exemption letter,” which would allow extrication from the single dwelling unit in the municipal solid waste program.
(1) In considering any application to participate, the public works director shall consider all the matters set forth in HMC 12.15.090(C)(1) and whether or not the single-family dwelling will be used for educational, literary, scientific, religious, or charitable purposes and not serve any further residential purpose.
(2) If the public works director determines and finds favorably for an applicant, a letter of exemption will be issued to the particular participant, a copy of which will be filed with the office of the clerk-treasurer and the board of sanitary commissioners and which will remain in effect for the particular participant only.
(3) The public works director shall be authorized to make reasonable rules or conditions related to the “waiver and exemption letter” with which the participant shall comply.
(4) Failure to comply with the rules or conditions of the waiver may result in revocation of the exemption and resumption of billing for and participation in the solid waste management program of the town.
(F) No person or other entity shall collect, remove, pilfer, cremate, dispose or otherwise deal in refuse within the corporate limits of the town unless expressly authorized to do so by the board of sanitary commissioners.
(G) It shall be unlawful to conduct or condone any unauthorized collections of recyclable materials, which are set out by town residents as part of the designated recycling program. Such unauthorized collections may reduce volumes of materials collected as part of a designated program and thereby threaten the economic liability of the authorized program.
(H) The collection and disposal of refuse and recyclables shall be provided to each single- and two-family dwelling unit and to each three- and four-family dwelling unit; provided, that each dwelling unit with a three- and four-family dwelling has separate water meter service with individual billing to each dwelling unit. Collection and disposal is subject to the following exceptions:
(1) Furniture and appliances shall be limited to one item per week.
(2) Appliances containing refrigerant gases are excluded unless properly evacuated of refrigerant gases.
(3) Carpeting shall be cut and rolled into pieces that do not exceed 30 pounds and are no longer than three feet in length.
(4) Construction and demolition debris is excluded.
(5) Hazardous waste or medical waste is excluded.
(6) Concrete is excluded.
(7) Tires are excluded.
(8) Electronic waste is excluded.
(9) Refuse and rubbish that is uncontained or stored in a nonprovided container and is associated with a reduced service volume user. [Ord. 1637 § 1, 2016].
12.15.070 Garbage containers – Placement.
(A) Every tenant or owner of a dwelling or dwelling unit within the town of Highland and the boundaries of the sanitary district shall be provided suitable and sufficient containers for the collection and disposal of solid waste and garbage.
(B) Refuse containers will be provided to support the service volume, standard service. Standard service containers will be 95 gallons. The provided refuse containers must be used as they are designed to be emptied by standard mechanical equipment installed on the collection vehicle. Said containers shall be kept clean, neat, and sanitary at all times.
(C) The provided container(s) for the deposit of refuse shall be placed for collection at ground level by the tenant or resident served within the right-of-way of a street or alley at the discretion of the board of sanitary commissioners for dwellings, shall be accessible and shall be not more than 15 feet from the side of the street or alley from which collection is to be made. The containers shall be placed in an orderly and sanitary manner on the days designated for the collection and removal of refuse by the board. The containers shall be removed to the rear of the premises and out of sight as viewed from the street after collection is made and on the same date of collection.
(D) Refuse containers shall remain with the dwelling unit even upon changes of residents or transfers of ownership. [Ord. 1698 § 4, 2019].
12.15.080 Recycling containers.
(A) The town of Highland and the department of public sanitation shall provide to each dwelling unit one container to be used for the collection and disposal of recyclables.
(B) In addition to any terms set forth in any contract for recycling collection services which may be in force, the public works director shall have the authority to identify additional recyclable articles under the solid waste management program.
(C) Recycling containers, as provided by the town of Highland and the department of public sanitation, or by contracted waste collector, shall remain the property of the provider. Damaged containers shall be replaced at no cost to the customer. Lost or stolen containers may be replaced after payment of a replacement fee in an amount set forth in the fee schedule in HMC 12.15.090.
(D) Recycling containers shall remain with the dwelling unit even upon changes of residents or transfers of ownership.
(E) The provided containers for recycling shall be placed for collection at ground level by the tenant or resident served within the right-of-way of a street or alley at the discretion of the board of sanitary commissioners for dwellings, and shall be accessible and not more than 15 feet from the side of the street or alley from which collection is to be made. The containers shall be placed in an orderly and sanitary manner on the days designated for the collection and removal of refuse by the board. The containers shall be removed to the rear of the premises and out of sight as viewed from the street after collection is made and on the same date of collection. [Ord. 1637 § 1, 2016].
12.15.090 Solid waste management fees and services.1 Revised 5/21
(A) Fees shall be charged in support of the solid waste management program of the town. The fees shall be reasonable and just and reasonably related to support the following activities and services of the town:
(1) Collection and disposal of garbage and refuse associated with qualified residential dwelling units, placed for collection at ground level, and not more than 15 feet distant from the side of the street from which collection is made.
(2) Collection and disposal of garbage and refuse associated with qualified residential dwelling units, that have been identified as recyclable articles by the town of Highland and the department of public sanitation, placed for collection at ground level in the container provided by the town, and not more than 15 feet distant from the side of the street from which collection is made.
(3) Collection and disposal of tree leaves, associated with qualified residential dwelling units, seasonally placed for collection at ground level, and not more than 15 feet distant from the side of the street from which collection is made.
(4) Collection and disposal of articles of garbage and refuse associated with qualified residential dwelling units that have been identified as yard waste by the town of Highland and the department of public sanitation, placed for collection at ground level, properly contained and not more than 15 feet distant from the side of the street from which collection is made.
(5) On-demand collection and disposal of branches or fallen tree limbs associated with qualified residential dwelling units, placed for collection at ground level and not more than 15 feet distant from the side of the street from which collection is made.
(B) The solid waste management invoices shall be issued pursuant to the billing and reading frequencies and practices of the municipal water utility, all pursuant to Chapter 12.05 HMC. Service bills (invoices) shall be payable at the same time as water service bills of said utility are payable. Solid waste management fees shall be deposited into the sanitary district special operating fund.
(C) Waiver of Fees. The solid waste management fees which shall be imposed under this chapter may be temporarily waived for a time certain pursuant to the following:
(1) Person(s) desiring the waiver shall contact the billing authority and apply for such a waiver; and
(2) Person(s) desiring the waiver shall have paid a fee for a temporary cessation of water service in the amount set forth in the schedule of fees set forth in Chapter 12.05 HMC.
(3) The duration of the waiver will be concurrent with the duration of the cessation of water service. The waiver ceases or expires upon resumption of water service.
(D) Alternative Waiver (Refund) of Fees. For those persons for whom a temporary water service cessation is impracticable, owing to a water-based heating system, who would otherwise seek a waiver under the provisions of subsection (C) of this section, solid waste management fees may be refunded for a time certain, pursuant to the following:
(1) Person(s) desiring the refund shall contact the billing authority and apply for such refund; and
(2) Person(s) desiring the refund shall have paid a special cessation of solid waste management services fee in the amount set forth in the schedule of fees set forth in this chapter.
(3) The refunds will be of those fees paid during the time period of the desired temporary cessation of service, owing to extended absences from the customer residence.
(4) In order to determine the length of time for which a refund may be made, the following apply:
(a) No refund will be given for any month in which there is evidence of more than minimum water consumption; and
(b) No refund will be given without reasonable documentation of actual absence, which may include but not be limited to out-of-state utility bills, active bank accounts and the like.
(E) Limited Waiver of Fees for Certain Two-Family Dwellings. In the event that one unit of a two-unit dwelling, without a separate water meter and/or account status, becomes vacant, for a period of not less than four months, the property owner may request a waiver of the solid waste management fee charged for the unoccupied unit pursuant to the following:
(1) Person(s) who desire this limited waiver shall contact the public works director, and apply for such a waiver, not sooner than the first day of the month following the date of the vacancy; and
(2) The duration of the limited waiver of fees in this subsection shall be for four months. Persons may renew the waiver with the public works director.
(3) Unless specifically renewed, the public works director will advise the billing authority that the solid waste management fee charges shall resume, in full, beginning on the first month following the waiver’s lapse.
(4) Person(s) shall notify the public works director in the event that the vacant unit becomes occupied before the fee waiver expires. The solid waste management fee shall be reinstated and charged beginning in the month that the unit becomes occupied.
(5) In the event that the owner fails to notify the public works director prior to the reoccupation of the vacant unit, all waived solid waste management fees shall be reinstated, back to the first day of the waiver period. Application shall be on forms to be provided by the office of the clerk-treasurer and shall include name, address, account number, and the specific reason for the request.
(F) The solid waste management and associated fees shall be charged according to the following schedule and shall remain in effect as indicated until such time as they may be modified or rescinded by passage and adoption of an ordinance, pursuant to the terms of IC 36-9-25 et seq.:
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Solid Waste Management Fees Schedule |
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Monthly Solid Waste Management Fees |
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(1) For the period beginning July 1, 2019: |
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(a) Qualified dwelling unit – 95 gallon refuse cart: |
$23.12 monthly |
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(b) Plus a rate adjustment for recycling services, charged monthly: |
$0.77 |
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(2) For the period beginning April 1, 2020: |
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(a) Qualified dwelling unit – 95 gallon refuse cart: |
$23.99 monthly |
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(b) Plus a rate adjustment for recycling services, charged monthly: |
Fixed pursuant to HMC 12.15.093 |
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(3) For the period beginning April 1, 2021: |
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(a) Qualified dwelling unit – 95 gallon refuse cart: |
$24.94 monthly |
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(b) Plus a rate adjustment for recycling services, charged monthly: |
Fixed pursuant to HMC 12.15.093 |
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(4) For the period beginning April 1, 2022: |
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(a) Qualified dwelling unit – 95 gallon refuse cart: |
$25.95 monthly |
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(b) Plus a rate adjustment for recycling services, charged monthly: |
Fixed pursuant to HMC 12.15.093 |
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(5) For the period beginning April 1, 2023: |
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(a) Qualified dwelling unit – 95 gallon refuse cart: |
$26.98 monthly |
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(b) Plus a rate adjustment for recycling services, charged monthly: |
Fixed pursuant to HMC 12.15.093 |
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(6) For the period beginning April 1, 2024: |
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(a) Qualified dwelling unit – 95 gallon refuse cart: |
$28.06 monthly |
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(b) Plus a rate adjustment for recycling services, charged monthly: |
Fixed pursuant to HMC 12.15.093 |
[Ord. 1637 § 1, 2016; Ord. 1698 § 2, 2019; Ord. 1729 §§ 2, 3, 2021].
12.15.093 Recycling services rate adjustment tracker.
(A) In addition to the foregoing charges set forth in HMC 12.15.090, a rate adjustment will be charged, fixed annually and charged monthly, to support the costs of recycling services. This fee may increase or decrease and shall be modified if required on the dates indicated in HMC 12.15.090;
(B) During the term of the current term of the curbside solid waste and recycling collection vendor/contractor (CONTRACTOR) agreement, the average recycling process charge (ARPC) shall be recalculated based upon the monthly recycling process charge (RPC) determined and reported monthly by the municipal recycling facility (MRF) to the department of public sanitation and sanitary district;
(C) The ARPC will be based upon the preceding 12-month average of the RPC and form the basis for the calculation of the rate adjustment for recycling services. For the period beginning July 1 through March 31, 2020, the rate adjustment for recycling services shall be fixed as set forth in HMC 12.15.090(F)(1)(b);
(D) The rate adjustment for recycling services reflects variable costs for recycling processing and recyclables markets to be calculated as follows:
(1) Rate adjustment for recycling services equals Number of collections per month (2.17) times Average weight of recyclables per unit (17.65) divided by 2,000 times ARPC;
(E) The recycling processing charge (RPC) is determined and reported monthly by the municipal recycling facility (MRF) and the average recycling processing charge is the preceding 12-month average (April through March), and shall be fixed as set forth in HMC 12.15.090(F)(1)(b). This rate will remain in effect each rate period unless and until it is changed owing to the recalculation described in this section. The recalculation will be conducted each year. [Ord. 1698 § 3, 2019].
12.15.100 Appeals.
Any person aggrieved by a regulation of, a decision of, or a fee charged by the director shall have the right of appeal to the board of sanitary commissioners who shall have the authority to confirm, modify, or reject any such regulation, decision, or fee. If the aggrieved party does not accept the findings and order of the board of sanitary commissioners, any such finding or order shall be appealable to the courts as provided by law. [Ord. 1637 § 1, 2016].
12.15.110 Liability for payment.
The user charges shall be billed to the person being billed for municipal utility service at the residence dwelling, unless by contract with the town of Highland and the department of public sanitation, and other persons assume such responsibility. If a tenant or occupant is billed, the owner shall in no way be relieved of the liability in the event payment is not made by the tenant or occupant as herein provided. Such owner shall have the right to examine the town of Highland and the department of public sanitation’s collection records to ascertain whether such charges have been paid. [Ord. 1637 § 1, 2016].
12.15.120 Delinquent accounts.2 Revised 5/21
(A) How Delinquencies Arise. Fees charged pursuant to this chapter shall be due and payable on or before the due dates shown on the bills. Any fee not paid by the due date shall be considered delinquent. Such delinquent fee together with any applicable interest shall be collectible as hereinafter set forth.
(B) Delinquent Bills and Fees. Rates or charges so established shall be paid on the due date as stated in such bills. If such rates or charges are not paid on the due date thereof, as stated in such bills, after written notice to the owner of any such lot, parcel of real estate or building, the same shall thereupon become and hereby are declared to be delinquent and a penalty of 10 percent of the amount of such charges shall attach, which charges, together with the penalty, shall be collectible in the manner hereinafter provided.
(C) It shall be the duty of the clerk-treasurer of the town to enforce payment thereof, together with the penalty hereinabove provided.
(1) The clerk-treasurer shall certify to the county auditor a list of such rates or charges, including the amount of the penalty, which have become delinquent according to law.
(2) Such list shall include the name or names of the owner or owners of each and every lot, parcel of real estate or building on which such rates or charges have become delinquent, the description of such premises as shown by the records of the office of the county auditor, and the amount of such rates or charges, together with the amount of the penalty.
(3) It shall be the duty of the county auditor to place and include any such rates or charges, including the amount of the penalty, on the tax list, roll of taxes or tax duplicate, in the appropriate place thereon, in respect to the premises on which any such rates or charges and penalty are due and payable, in such manner and pursuant to the terms of IC 36-9-25-11(g), 36-9-23-33 and 36-9-23-34.
(4) A fee is not enforceable as a lien against a subsequent owner of property unless the lien for the fee was recorded with the county recorder before the conveyance to the subsequent owner. If the property is conveyed before the lien can be filed, the municipality shall notify the person who owned the property at the time the fee became payable. The notice must inform the person that payment, including penalty fees for delinquencies, is due not more than 15 days after the date of the notice. If payment is not received within 180 days after the date of the notice, the amount due may be expensed as a bad debt loss.
(5) A lien attaches against real property occupied by someone other than the owner only if the utility notifies the owner not later than 20 days after the time the utility fees become 60 days delinquent. A notice sent to the owner under this subsection must be sent by first class mail or by certified mail, return receipt requested (or an equivalent service permitted under IC 1-1-7-1) to:
(a) The owner of record of real property with a single owner; or
(b) At least one of the owners of real property with multiple owners;
at the last address of the owner for the property as indicated in the records of the county auditor on the date of the notice of the delinquency, or to another address specified by the owner in a written notice to the utility at which the owner requests to receive a notice of delinquency under this subsection.
The cost of sending notice under this subsection is an administrative cost that may be billed to the owner.
(D) In addition to the methods of collection of such charges, including the penalty thereon, when the same become delinquent as hereinabove provided, the board of sanitary commissioners shall have the right to foreclose the lien hereinbefore established. In all suits brought to foreclose such lien, the board of sanitary commissioners shall recover the amount of such charges and the penalty thereon, together with a reasonable attorney’s fee, pursuant to the terms of IC 36-9-25-11(g), 36-9-23-33 and 36-9-23-34. [Ord. 1637 § 1, 2016; Ord. 1729 § 4, 2021].
12.15.130 Procedures and fees for disposal of refuse. Revised 1/22
(A) Permitted Uses. The disposal of compactable refuse by residents of the town shall be permitted in accordance with this section. The town of Highland garage dump site is only intended for a small amount of household waste on an occasional basis.
(B) Prohibited Uses.
(1) It shall be an offense for commercial dumping or disposal of refuse by commercial vendors or any contractors.
(2) Nonresidents of the town are prohibited under penalty from disposing of refuse at the Highland public works facility.
(3) No resident is allowed to dump construction materials. If debris is from a contracted job, it must be taken to a landfill for disposal, at the resident’s expense. Residents remodeling their homes are considered contractors.
(C) Permit and Fees.
(1) Any person dumping refuse at the Highland public works facility shall first secure a “dumping permit” from the public works office. The permit shall identify the name, address, and phone number of the permittee; vehicle type and license number; description of the refuse to be disposed; and disposal fee. Dumping refuse without a valid permit is prohibited; said permit shall be presented to the dumpster attendant prior to dumping refuse, and the dumpster attendant shall verify that the permit is proper for the refuse being disposed. Only single-axle trailers shall be allowed to dump. Double-axle trailers are prohibited.
(2) Fees for the disposal of residential refuse by residents of the town of Highland served by the department of public sanitation shall be collected by the public works office according to the following schedule:
(a) Compactor Rate. Extra trash (less than four feet in length):
1. Pickup truck, van, or one-ton dump truck, single-axle trailer (full): $15.00.
2. Pickup truck, van, SUV or one-ton dump truck, single-axle trailer (one-half full or less): $10.00.
3. Minimum fee (car load): $5.00.
(b) Open Container Rate. Extra trash (over four feet in length):
1. Pickup truck, van, SUV, or one-ton dump truck, single-axle trailer: $25.00.
2. Furniture, appliances, mattresses, and the like (each piece): $5.00.
(c) Tree Branch Disposal. No charge (office check-in required).
(d) Concrete: $10.00 minimum charge and $25.00 per cubic yard. (Standard full-size pickup equals one cubic yard, one-ton dump truck and single-axle trailer equals two cubic yards.)
(D) Concrete. Disposal of concrete at the Highland public works facility is limited to no more than two cubic yards.
(E) Hours. The Highland public works facility shall be available for the disposal of refuse in accordance with the provisions of this chapter from Monday through Saturday from the hours of 8:00 a.m. through 3:30 p.m. and on Saturday from the hours of 8:00 a.m. through 3:30 p.m. from March through December. Dumping shall not be available on Saturday from January through February.
(F) Temporary Fee Waiver by Order of the Board of Sanitary Commissioners President. Whenever an intense weather or other natural event has occurred which has unduly caused or created an unusual and involuntary increase in the volume of trash or debris experienced by residents of the town, the board of sanitary commissioners hereby authorizes that the board of sanitary commissioners president, when in his opinion the public good would require it, may issue a written order, directed to the public works director and the clerk-treasurer, indicating that for the foregoing reasons set forth in this chapter, the fees set forth in the schedule under this section for refuse services at the public works facility are waived for residents, with such waiver to be for a time certain and not to exceed a period of three weeks. Further, such order should be reported to the board of sanitary commissioners for its information in a timely manner. [Ord. 1762 § 2, 2022].
12.15.140 Abandoned or unattended major appliances.
(A) Abandoning or Leaving Freezers, Refrigerators, Iceboxes, Ice Chests, and Other Major Appliances. The provisions of this section shall apply to any icebox, refrigerator, freezer, ice chest, dryer, washer, or other major appliance having a capacity of one and one-half cubic feet or more. It shall be an offense for any person, firm, corporation, or organization to abandon any such refrigerator, freezer, icebox, ice chest, or other major appliance any place within the town of Highland and the boundaries of the sanitary district.
(B) Further, it shall be an offense for any person to leave any such refrigerator, freezer, icebox, ice chest, or other major appliance unattended out-of-doors. The purpose of this section is to prevent children from dying for lack of air as a result of being locked in such a refrigerator, icebox, ice chest, freezer, or other major appliance.
(C) Removal of Hinges and Doors. Any person, firm, corporation, or organization that shall have abandoned or left out-of-doors a refrigerator, freezer, icebox, ice chest, or other major appliance shall immediately take steps to avoid the danger of a child being trapped inside by removing the door of such freezer, refrigerator, icebox, ice chest, or other major appliance before taking the same out-of-doors. [Ord. 1637 § 1, 2016].
12.15.150 Roll-off containers – General penalty provision.
(A) Private Roll-Off Containers. No person, firm, corporation, or organization shall place a roll-off container, POD, or closed container upon a public street or alley.
(B) General Penalty for Violations of This Chapter. Except as otherwise provided, any person, entity or organization who shall violate any provisions of this chapter shall be fined in the amount set forth in the designated schedule as a payable offense subject to admission before the violations clerk of the ordinance violation bureau in the amount set forth in the admissions clerk payable offenses schedule in HMC 9.85.060.
(C) If such person, entity or organization shall violate any provisions of this chapter, and there is a failure to satisfy the civil violation as set forth in Chapter 9.85 HMC, then such violations shall be construed as justifiable offenses and, upon conviction or a finding of liability, shall be subject to a fine of not less than $100.00 per violation, nor more than $2,500. Each day of such unlawful activity as is prohibited shall be deemed a separate offense. [Ord. 1698 § 6, 2019].
Code reviser’s note: Section 2(C) of Ord. 1637 provides “That the provisions set forth in Section 1 of this ordinance particularly amending Sections [12.15.090(B)] and 12.15.120 of the code, shall be construed to be effective from January 1, 2012, and all actions since that date made according to and consistent with the amended provisions are ratified, pursuant to IC 36-1-2-16.”
Section 2(C) of Ord. 1637 provides “That the provisions set forth in Section 1 of this ordinance particularly amending Sections [12.15.090(B)] and 12.15.120 of the code, shall be construed to be effective from January 1, 2012, and all actions since that date made according to and consistent with the amended provisions are ratified, pursuant to IC 36-1-2-16.”