Chapter 8.30 SOLID WASTE*

*Cross references – Accumulations of unwholesome or offensive matter on private property, SCC 9.05.190; trash disposal facilities on vehicles used for vending on streets, SCC 10.30.070; sewage disposal, Title 13, Division III; deposit of solid waste in sewers, SCC 13.35.040.

State law reference – Solid waste management, Code of Virginia, § 32.1-177 et seq. Art. I. In General, §§ 25-1 – 25-16 Art. II. Collection of Refuse by City, §§ 25-17 – 25-25 Art. III. Tire Storage Ordinance, §§ 25-26 – 25-31.

Article I. In General

8.30.010 Definitions.

As used in this chapter, the term “refuse” shall mean garbage, rubbish and ashes. (Code 1964, § 13-19; Code 1985, § 25-1).

8.30.020 Deposit in streets, parks, etc.

(1) No person shall place, deposit or cast, or cause to be placed, deposited or cast, upon or in any street, highway, alley, gutter, sidewalk, park, playground or other publicly owned, rented or otherwise publicly controlled land or building within the city, any refuse, timber, wood, lumber, litter, trash, leaves, earth, mud, glass or similar material, metal scraps, nails or similar material or any substance whatsoever, which may obstruct any such street, highway, alley, gutter, sidewalk, park, playground, school ground or other publicly owned, rented or otherwise publicly controlled land or building, or impede or hinder travel thereon, or which may injure or disfigure the same or tend to the injury or disfigurement thereof, or to render the same unsafe, unclean or a nuisance.

(2) A violation of any provision of this section shall constitute a Class 3 misdemeanor. (Code 1964, §§ 13-18, 25-6; Code 1985, § 25-2).

Cross reference – Penalty for Class 3 misdemeanor, SCC 1.05.100.

8.30.030 Limitation on use of public-owned receptacles.

(1) No person shall transport or remove from private premises within the city any refuse for the purpose of depositing the same in any publicly owned can or other receptacle within the city parks, at publicly owned buildings or along publicly owned rights-of-way, nor shall any person deposit in any such can or other receptacle any refuse which has been transported or removed from private premises.

(2) A violation of any provision of this section shall constitute a Class 4 misdemeanor. (Code 1964, § 13-26; Code 1985, § 25-3).

Cross reference – Penalty for Class 4 misdemeanor, SCC 1.05.100.

8.30.040 Requirements for transportation on streets.

(1) No garbage or decayed or spoiled matter shall be hauled on any vehicle on the streets or alleys of the city, except in containers with tight-fitting covers and solid bottoms, and no refuse or other matter shall be hauled in or on any vehicle in such manner that the same may be strewn along the streets or alleys of the city.

(2) A violation of any provision of this section shall constitute a Class 4 misdemeanor. (Code 1964, § 13-27; Code 1985, § 25-4).

Cross reference – Penalty for Class 4 misdemeanor, SCC 1.05.100.

8.30.050 Permit for, and methods used by, private refuse collectors.

(1) No person shall engage in the business of collecting refuse in the city, unless he has a permit to do so issued by the health officer. Every such person shall comply with the collection methods employed by the city.

(2) A violation of any provision of this section shall constitute a Class 4 misdemeanor. (Code 1964, § 13-27; Code 1985, § 25-5).

Cross reference – Penalty for Class 4 misdemeanor, SCC 1.05.100.

State law reference – Authority of city to regulate refuse collectors, Code of Virginia, § 15.2-930.

8.30.060 Service charge for use of sanitary landfill.

(1) There are hereby imposed charges for disposal of solid waste at any landfill owned or operated by or for the city in accordance with the following schedule:

Passenger tires	$2.00 per tire
Passenger tires, on a rim	$4.00 per tire
Truck tires	$8.00 per tire
Heavy equipment-tractor tires:
agriculture use	$8.00 per tire
by the ton	$168.00 per ton
Yard waste	$20.00 per ton
Commercial or industrial waste	$45.00 per ton
Construction demolition debris	$45.00 per ton
Residential waste, privately hauled by passenger car or pickup truck	No charge
Mulch and wood chips	$10.00 per ton
Clean fill dirt	No charge

(2) In the event the scale is not operable, the rates shall be as follows:

Pickup truck with no racks	$5.00
Single axle trailer, pulled by car or pickup truck, or pickup truck with racks	$20.00
Single axle dump truck (small, less than 1 ton)	$25.00
Single axle dump truck (standard) plus tandem axle trailer	$60.00
Stake body truck or equivalent	$75.00
Tandem axle dump truck or equivalent	$125.00
Compactor type or open top vehicle with a capacity less than 10 cubic yards or equivalent, commercial or industrial waste	$150.00
Compactor type or open top vehicle with a capacity greater than or equal to 10 cubic yards but less than 20 cubic yards or equivalent, commercial or industrial waste	$250.00
Compactor type or open top vehicle with a capacity greater than or equal to 20 cubic yards but less than 30 cubic yards or equivalent, commercial or industrial waste	$300.00
Compactor type or open top vehicle with a capacity greater than 30 cubic yards or equivalent, commercial or industrial waste	$350.00

(3) For all commercial or industrial customers whose loads consist of waste that weighs less than 20 pounds, but is greater in volume than one cubic yard, the tipping fee shall be calculated at a rate of $40.00 per cubic yard. The same rate shall apply in the event it is determined that a commercial or industrial customer’s load is greater in volume than one cubic yard, and such customer has incidentally increased the weight of such load in an effort to avoid calculation of the tipping fee in accordance with this subsection.

(4) All commercial haulers, haulers for hire, commercial or business enterprises hauling and disposing of their own waste or that of others and contractors and subcontractors engaged in construction or excavation for private, residential, commercial or industrial development shall be liable for payment of the charges prescribed in this section. (Ord. 2015-07; Ord. 2007-17. Code 1964, § 13-27.1; Code 1985, § 25-6; Ord. 9-28-89; Ord. 2-28-91; Ord. 3-12-92; Ord. 5-13-93; Ord. 5-12-94; Ord. 6-28-95; Ord. 6-13-96).

Article II. Collection of Refuse by City*

*State law reference – General authority of city relative to collection and disposal of refuse, Code of Virginia, §§ 15.2-927 et seq.

8.30.070 Violations of article.

(1) The city may, whenever it deems it necessary, after reasonable notice, have trash, garbage, refuse, litter, other debris, and other like substances which might endanger the health of other residents of the locality, removed by its own contractors or employees, in which event the cost thereof shall be charged as an additional refuse collection service fee (as further described in the city’s solid waste policy, which is incorporated by reference herein as may be amended) billed with other such fees and ultimately collected in any way permitted by law. Failure to timely pay such additional refuse collection service fee may result in the city discontinuing its services.

Violation of any provision of this article or the city’s solid waste policy, prescribed and approved pursuant to this article, shall also be subject to a civil penalty of $50.00 for the first violation, or violations arising from the same set of operative facts. The civil penalty for subsequent violations not arising from the same set of operative facts within 12 months of the first violation shall be $200.00. Each business day during which the same violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same set of operative facts result in civil penalties that exceed a total of $3,000 in a 12-month period. Three civil penalties previously imposed on the same person for the same or similar violation, not arising from the same set of operative facts, within a 24-month period, shall also constitute a Class 3 misdemeanor. Civil penalties shall be due and payable to the city of Staunton within 10 days from the date of the notice. Repeated violations may result in the city discontinuing its refuse services. Nothing herein, however, shall exempt the person or entity from paying the fees herein prescribed and otherwise due.

(2) Every charge authorized by this article with which the owner of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local real estate taxes and enforceable in the same manner as provided in Articles 3 (Section 58.1-3940 et seq.) and 4 (Section 58.1-3965 et seq.) of Chapter 39 of Title 58.1 of the Code of Virginia. A locality may waive such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed. (Ord. 2019-38; Ord. 2008-10. Code 1985, § 25-17; Ord. 4-12-90).

8.30.080 Provision of service generally.

The city will provide refuse collection service on the terms and conditions of this article to residents of the city and businesses located within the city. The city may, at the discretion of the city manager, provide refuse collection service to persons and businesses residing or located outside the city limits. Any service provided outside the city limits shall be subject to the city’s solid waste policy as established by the director of public works and approved by the city manager. (Ord. 2008-10. Code 1964, § 13-20; Code 1985, § 25-18).

8.30.090 City solid waste policy by director of public works.

The director of public works shall prescribe a city solid waste policy relating to the collection, handling and disposal of refuse by and in the city as deemed necessary to implement the provisions of this article. Such policy shall be subject to approval by the city manager. (Ord. 2008-10. Code 1964, § 13-25; Code 1985, § 25-19).

8.30.100 Schedule.

The schedule for collection of refuse by the city in the various areas of the city shall be as established by the director of public works in the city’s solid waste policy. The director may revise such schedule as special occasion or circumstances requires without amending the city’s solid waste policy. (Ord. 2008-10. Code 1964, §§ 13-21, 13-25; Code 1985, § 25-20; Ord. 1-26-84; Ord. 10-24-91).

8.30.110 Fees – Prescribed.

(1) Residential. For a mandatory fee of $24.01 per month for each single-family unit (to include each unit in a multifamily structure), the city shall provide one weekly pickup of refuse from each residential unit in the city, whether inside or outside the central business district, the basis of computation of the fee being a single-family unit. The fee for refuse collection service for all other than single-family units shall be in an amount adequate to cover all costs to the city for such service, such amount to be established by the director of public works as part of the city’s solid waste policy, with the approval of the city manager, but such fee shall not be less than $24.01 per month per unit.

(2) Light Commercial. The mandatory fee for refuse collection service to light commercial customers, whether inside or outside the central business district, shall be $54.51 per month. The light commercial designation shall apply to those customers which place the equivalent of four or fewer bags/containers of refuse at the curb for collection.

(3) Heavy Commercial. The mandatory fee for refuse collection service to heavy commercial customers within the central business district shall be $146.52 and $115.32 for those outside the central business district. The heavy commercial designation shall apply to those customers which place the equivalent of five or more bags/containers at the curb for collection. All full-time restaurants shall be deemed heavy commercial customers.

(4) Special Unscheduled Pickup. When refuse is stored or placed curbside in a manner not otherwise in accordance with the city’s solid waste policy, it shall be deemed a request for a special unscheduled pickup and a crew may be dispatched to collect the refuse. The fee for pickup shall be in an amount adequate to cover all costs to the city for such service, such amount to be established by the director of public works as part of the city’s solid waste policy, with approval of the city manager, but such fee shall not be less than $120.75 and shall be charged to the property owner or tenant.

(5) Recyclables. The mandatory fee for the collection of recyclable materials from customers not otherwise charged a refuse collection service fee shall be $24.01 per month.

(6) Collection Outside City Limits. The fee for refuse collection service rendered outside of the city limits shall be in an amount equal to 200 percent of the fee charged for such service in the city limits.

(7) Exemption, Deferral, Modification or Waiver of Fee.

(a) By ordinance, persons may be exempted, deferred, or charged a lesser amount from paying any charges and fees authorized for the collection and disposal of garbage and refuse only if based on the income criteria, as provided by Section 58.1-3211 of the Code of Virginia.

(b) The director of public works may waive all or part of the fees for any multifamily structure or commercial customer if contractual arrangements are made and maintained by that customer for adequate containerized service as determined satisfactory by the director of public works. (Ord. 2022-11; Ord. 2020-07; Ord. 2019-17; Ord. 2016-09; Ord. 2013-07; Ord. 2013-05; Ord. 2011-14; Ord. 2009-19; Ord. 2008-10; Ord. 2005-18. Code 1964, §§ 13-20, 13-21; Code 1985, § 25-21; Ord. 1-26-84; Ord. 3-23-89; Ord. 9-28-89; Ord. 5-28-92; Ord. 10-8-92; Ord. 5-13-93).

8.30.120 Same – Billing and collection.

(1) The fee for refuse collection service rendered by the city shall be billed in the most economical and practical method established by the city manager.

(2) Payment of the fee for refuse collection shall be made within 30 days from the date the bill becomes due and payable. In the event that any person fails to pay such fee, the city shall use such legal means and procedures as are available to effect collection. (Ord. 2008-10. Code 1964, § 13-21; Code 1985, § 25-22; Ord. 1-26-84).

8.30.130 Same – Responsibility of apartment house owner for payment.

As to any apartment house, the owner thereof shall be responsible for the payment of all fees due the city for the collection of refuse. (Ord. 2008-10. Code 1964, § 13-22; Code 1985, § 25-23).

8.30.140 Containers – Required.

Except as otherwise provided, all persons availing themselves of the city’s refuse collection service shall solely use containers meeting the requirements of the city’s solid waste policy prescribed and approved pursuant to SCC 8.30.090. (Ord. 2013-07; Ord. 2008-10. Code 1964, § 13-23; Code 1985, § 25-24).

8.30.150 Containers and recyclable material.

Residents and businesses located in the city of Staunton are required to separate and handle recyclable material for collection in accordance with the city’s solid waste policy. (Ord. 2008-10. Code 1985, § 25-24.1; Ord. 10-24-91; Ord. 12-17-92; Ord. 11-11-99).

8.30.160 Other refuse.

Refuse, other than the recyclable materials set forth herein, shall be placed and handled by residents and businesses in accordance with the city’s solid waste policy. (Ord. 2008-10. Code 1985, § 25-24.2; Ord. 4-12-90).

8.30.170 Container placement for collection of contents and removal after such collection.

The containers referred to in SCC 8.30.140 shall be placed for collection in accordance with the city’s solid waste policy. (Ord. 2008-10. Code 1964, § 13-24; Code 1985, § 25-25).

Article III. Tire Storage Ordinance

8.30.180 Purpose of article.

The purpose of this article is to regulate the stockpiling of tires in order to promote resource conservation and resource recovery, and to prevent any hazards, fire or otherwise, that might be created by such stockpiling of tires. (Code 1985, § 25-26; Ord. 12-11-86).

8.30.190 Definitions.

For the purposes of this article, the following words and phrases shall have the meanings ascribed to them in this section:

“Bureau” means the Bureau of Solid Waste Management of the State Health Department.

“Chief of the fire department” means the chief of the fire department of the city of Staunton, Virginia.

“Disposal” means the deposit, dumping or placing of any solid waste into or on any land or water so that such solid waste or any constituent thereof may enter the environment or be emitted into the air.

“Fire control plan” means a document addressing the requirements established in SCC 8.30.210 of this article. It may include appropriate maps as well as any other management information the submitting party deems relevant.

“Person” means an individual, corporation, partnership, association or any other legal entity.

“Tire” means a solid or air-filled covering for a wheel, typically rubber or a similarly elastic synthetic material, fitted around the wheel’s rim to absorb shock and provide traction.

“Used tire storage” means an accumulation of 5,000 or more used tires or any number of used tires covering more than 10,000 square feet at a location, not under a roof or other similar structure, for some future useful purpose such as retreading, fuel supplement, reef construction or some other innovative use. (Code 1985, § 25-27; Ord. 12-11-86).

8.30.200 Application of article.

(1) All persons operating a used tire storage facility on the effective date of the ordinance codified in this chapter shall submit to the chief of the fire department a fire control plan. Such plan must be submitted within six months of the effective date of the ordinance codified in this chapter. If such plan is not approved by the chief of the fire department, or if such plan is not submitted for such approval, the persons operating a used tire storage facility shall cease such operation at once and dispose of said tires in a manner permitted under law within nine months of the effective date of the ordinance codified in this chapter.

(2) All persons proposing to operate a used tire storage facility that comes into existence after the effective date of this regulation shall submit to the chief of the fire department a fire control plan. Such plan must be submitted 60 days prior to the date the facility is proposed to come into existence, and such persons shall not operate a used tire storage facility until such plan is approved. (Code 1985, § 25-28; Ord. 12-11-86).

8.30.210 Fire control plans.

(1) A fire control plan must adequately address compliance with the following requirements for used tire storage:

(a) All tires must be stockpiled neatly in cells of 1,000 tires or less per cell and be no higher than 10 feet;

(b) A berm of soil must be provided between all cells of tires in the storage area. The berm shall extend as high as the height of the tires in the cells;

(c) A passageway of 20 feet in width must be maintained between the berms of all cells of tires except where cells consist of only one or two lanes and the cells can be approached directly;

(d) For each cell of tires, a stockpile of 20 cubic yards of soil must be maintained within 200 feet of the cell. This material shall be in addition to any berm material;

(e) In lieu of stockpiled soil for fire suppression as described in subsection (1)(d) of this section, foam with all the necessary equipment for its effective use may be available on the site;

(f) A fence of heavy-gauge wire eight feet in height with two strands of barbed wire extending along the top must enclose the entire storage site;

(g) The access to the site must be controlled with a gate equipped with a lock or some other suitable method of preventing access to the site;

(h) The plan must specify how long the tires will be stored and the ultimate purpose for which they will be used;

(i) Appropriate and adequate equipment to place soil over the tires in case of fire must either be on the site at all times or be readily available.

(2) The chief of the fire department shall review all fire control plans and make a decision on approval or denial of such plans within a reasonable time. Approved plans must be fully implemented within 60 days after the date of notification of approval. Rejected plans may be resubmitted within a reasonable time for further consideration, or may be submitted to the council for the city of Staunton, Virginia, for its consideration.

(3) No used tire storage facility shall be allowed to operate unless it has an approved fire control plan which is fully implemented and in force. (Code 1985, § 25-29; Ord. 12-11-86).

8.30.220 Disposal – Permits required.

Disposal of used tires or storage of used tires prior to disposal shall not occur without a permit from the Bureau of Solid Waste Management of the State Department of Health. Nothing in this article shall be construed to affect, modify or change any requirement imposed by the State Department of Health or the Bureau, or any penalty imposed by said bureau under the laws of the state of Virginia. (Code 1985, § 25-30; Ord. 12-11-86).

8.30.230 Penalty for violation of article.

Any person who violates any provision of this article, by doing a prohibited act, or failing to perform a required act, or failing to perform permitted acts in the prescribed manner, shall be subject to the general penalty for a Class 4 misdemeanor pursuant to the provisions of SCC 1.05.100. (Code 1985, § 25-31; Ord. 12-11-86).