CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\ARTICLE 5. SOLID WASTE

The occupant of every dwelling unit and of every institutional commercial or business industrial or agricultural establishment producing solid waste within the corporate limits of the city, hall provide sufficient and adequate containers for the storage of all solid waste except bulky solid waste and demolition and construction waste to serve each such dwelling unit and/or establishment; and to maintain such solid waste containers at all times in good repair; and shall maintain the area. Surrounding them in a clean neat and sanitary condition at all ties, these containers must have been originally manufactured for the purpose of storing solid waste including a lid. Exceptions to this will require special permission from the city.

(Ord. 87; Code 2016)

The city shall provide for the collection of solid waste as follows:

(a)   Collection of residential solid waste – The city shall provide for the collection of all residential solid waste in the city, provided, however, that they city may provide the collection service by contacting with a person county or other city or a combination thereof, for the entire city or portions thereof, as deemed to be in the best interests of the city. All solid waste collected shall, upon being loaded onto collection equipment, become the property of the collection agency. Solid waste containers shall be placed at the curb before the time scheduled for collection. Bulky solid waste collection may or may not be provided, however, if not provided by the city, it shall be the occupant’s responsibility to see that said bulky solid waste does not accumulate and to see that it is properly disposed of or processed.

(b)   Solid waste collectors, employed by the city or a solid waste collection agency operating under contract with the city, are hereby authorized to enter upon private property for the purpose of collection solid waste there from as required by this article.

(c)   The following collection frequencies shall apply to collections of solid waste within the city: all residential solid waste other than bulky solid waste, shall be collected at least once weekly. All commercial solid waste shall be collected at least once weekly.

(d)   Containers to be manually lifted shall not exceed 35 gallons in capacity nor weigh more than 65 pounds when full.

(e)   All collection vehicles shall be maintained in a safe, clean and sanitary condition and shall be so constructed maintained and operated as to prevent spillage of solid waste there from.

(f)   Permits shall not be required for the removal hauling or disposal of earth and rock material from grading or excavation activities nor shall they be required for the transportation of demolition and construction wastes; however, all such material shall be conveyed in tight vehicles, trucks or receptacles, so constructed and maintained that none of the material being transported shall spill upon the public rights of way.

(Ord. 87; Code 2016)

(a)   Solid wastes shall be disposed of at a processing facility or disposal area complying with all requirements of the Kansas State Department of Health.

(b)   The city may classify certain wastes as hazardous wastes which will require special handling and shall be disposed of only in a manner acceptable to the city and which will meet all local, state and federal regulations.

(Ord. 87; Code 2016)

(a)   No person shall engage in the business of collecting, transporting, processing or disposing of solid waste within the corporate limits of the city, without first obtaining an annual permit therefor from the city: provided, however, that this provision shall not be deemed to apply to employees of the holder of any such permit when performing their duties for said holder.

(b)   No such permit shall be issued until and unless the applicant therefor, in addition to all other requirements set forth, shall file and maintain with the city evidence of a satisfactory public liability insurance policy, covering all operations of such applicant pertaining to such business and all vehicles to be operated in the conduct thereof, in the amount of not less than $300,000 in the event of injury or death of two or more persons in any single accident, and in the amount of not less than $50,000 for damage to property. Such policy may be written to allow the first $500 of liability for damage to property to be deductible. Should any such policy be cancelled, the city shall be notified of, such cancellation by the insurance carrier in writing not less than·15 days prior to the effective date of such cancellation, and provisions to. that effect shall be incorporated in such policy which shall also place upon the company writing such policy the duty to give such notice.

(c)   Each applicant for any such permit shall state in his application therefor: (a) the nature of the permit desired, as to collect, transport, process, or dispose of solid waste or any combination thereof; (b) the characteristics of solid waste to be collected, transported processed, of disposed; (c) the number of solid waste vehicles to be operated thereunder.

(d)   If the application shows that the applicant will collect, transport, process or dispose of solid wastes without hazard. to the public health and in conformity with this article, the city shall issue the permit authorized by this article. The permit shall be issued for a period of one year, and each applicant shall pay therefor a fee of $25. The annual permit may be renewed simply upon payment of the fee provided all other requirements of this article are met.

(e)   In order to Insure compliance with this article the city is authorized to inspect all phases of solid waste management within the city. No inspection shall be made in any residential unit unless authorized by the occupant or by due process of law. In all instances where such inspections reveal violation of this article the city shall issue notice for each such violation stating therein the violation or violations found, the time and date and the corrective measure to be taken, together with the time in which such corrections shall be made.

(f)   In all cases, when the corrective measures have not been taken within the time specified, the City shall suspend or revoke the permit or permits involved in the violations, however, in those cases where an extension of time will permit correction and there is no public health hazard created by the delay, one extension of time not to exceed the original time period may be given.

(g)   Any person who feels aggrieved by any notice of violation or order issued pursuant thereto of the city may, within thirty (30) days of the act for which redress is sought appeal directly to the proper Court of Kansas in writing, setting forth in a concise statement the act being appealed and the grounds for its reversal.

(Ord. 87; Code 2016)

It shall be unlawful for any person to (1) deposit solid waste in any solid waste container other than his own without the written consent of the owner of such container and/or with the intent of avoiding payment of the service charge hereinafter provided for the solid waste collection and disposal; (2) interfere in any manner with solid waste collection equipment, or with solid waste collectors in the lawful performance of their duties as such, whether such equipment or collectors shall be those of the city, or those of a solid waste collection agency operating under contract with the city; (3) burn solid waste unless an approved incinerator is provided or unless a variance has been obtained from the appropriate air pollution control agency, except however, this does not apply to yard wastes; (4) dispose of solid waste at any facility or location which is not approved by the State of Kansas, Department of Health and Environment; (5) engage in the business of collection, transporting, processing or disposing of solid waste within the corporate limits of the city without a permit from the city, or operate under an expired permit, or operate after a permit has been suspended or revoked.

(Ord. 87; Code 2016)

(a)   That a processing fee of twenty-four cents ($0.24) be charged, assessed, and collected from each residential and commercial unit within the city limits in order to defray the cost of billing and collection of solid waste fees. This shall be in addition to the fee charged to each residential and commercial unit pursuant to the current solid waste removal contract. This fee will become part of the total city utility bill, and as such will be subject to the existing penalties for late and/or non-payment.

(b)   That the removal of yard waste, including but not limited to, leaves, grass clippings, tree limbs, and agricultural products, is hereby exempt from contract requirements for the removal of solid waste.

(Ord. 87; Ord. 208; Code 2016)

Any person violating any of the provisions of this article, upon conviction, shall be punished by a fine of not less than five dollars ($5.00) nor more than five-hundred dollars ($500.00); provided that each day’s violation thereof shall be a separate offense for the purpose hereof.

(Ord. 87; Code 2016)

If it becomes necessary to designate one person to see that this article is properly enforced and that normal operations are maintained without separate council action on each problem that arises, the mayor is hereby authorized to appoint a citizen of this city to carry out these functions. City council approval will be necessary at the next regularly scheduled council meeting. Compensation will be decided by the city council. All decisions by this person shall be final unless a signed request for council review is delivered to said person who shall present the request at the next regularly scheduled council meeting.

(Ord. 87; Code 2016)

The provisions of this article are severable and if any provisions or part thereof shall be held invalid or unconstitutional or inapplicable to any person or circumstance, such invalidity, unconstitutionality or inapplicability shall not affect or impair the remaining provisions of this article.

(Ord. 87; Code 2016)

For the purposes of this article, the following terms shall be deemed to have the meaning indicated below:

(a)   Approved incinerator – An incinerator which complies with all current regulations of the Division of Air Quality, State of Kansas, Department of Health and Environment.

(b)   Bulky solid waste – Nonputrescible solid wastes consisting of combustible and/or noncombustible waste materials from dwelling units, commercial, industrial, institutional, or agricultural establishments which are either too large or too heavy to be loaded in solid waste collection vehicles with safety and convenience by solid waste collectors, with the equipment available therefor.

(c)   City – The City of Overbrook, Kansas.

(d)   Collection – Removal and transportation of solid waste from its lace of storage to its place of processing or disposal.

(e)   Demolition and construction waste – Waste materials from the construction or destruction of residential, industrial or commercial structures.

(f)   Dwelling Unit – Any room or group of rooms located within a structure, and forming a single habitable unit with facilities which are used, or are intended to be used, or living, sleeping, cooking and eating.

(g)   Garbage – Putrescible animal or vegetable wastes resulting from the handling preparation, cooking, serving or consumption of food.

(h)   Hazardous wastes – including but not limited to: pathological wastes, explosive wastes, pesticides, pesticide containers, toxic or radioactive materials.

(i)    Occupant – Any person who, alone or jointly or severally with others, shall be in actual possession of any dwelling unit or of any other improved real property, either as owner or as a tenant.

(j)    Person – Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision, or organization of any kind, or their legal representative agent or assigns.

(k)   Processing – Incinerating, composting, bailing, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.

(l)    Refuse – Solid waste.

(m)  Sanitation officer – Person designated by Mayor and Council to enforce provisions of this article.

(n)   Solid waste – Unwanted or discarded waste materials in a solid or semi-solid state, including but not limited to garbage, ashes street effuse, rubbish, dead animals, animal and agricultural wastes, yard wastes, discarded appliances, special wastes, industrial wastes and demolition and construction wastes.

(1)   Commercial solid waste – solid waste resulting from the operation of any commercial, industrial, institutional or agricultural establishment.

(2)   Residential solid waste – solid waste resulting from the maintenance and operation of dwelling units.

(o)   Solid waste container – Receptacle used by any person to store solid waste during the interval between solid waste collections.

(p)   Solid waste disposal – The process of discarding or getting rid of unwanted material. In particular, the final deposition of solid waste by man.

(Ord. 87; Code 2016)