CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\ARTICLE 3. COLLECTION, HAULING, DISPOSAL OF SOLID WASTE AND RECYCLING

The city shall have the exclusive right to collect and dispose of refuse and recyclable materials within the city limits and no other person shall collect and dispose of refuse or recyclable materials within the city unless authorized by license or other formal agreement with the city. The city or its authorized contractors shall establish, maintain and conduct a service for the collection and disposal of refuse and/or recycling and shall purchase such equipment and engage such employees as may be needed, and shall pay such prices, salaries and wages as the city commission may authorize for efficient operation of such service.

The collection, transportation and disposal of refuse and recycling shall be at all times under the general supervision of the city manager or public works director as the city manager's duly authorized agent who shall have the authority to make additional rules and regulations not inconsistent with the terms and provisions of this article, to the end that the collection, transportation, accumulation, storage and disposal of refuse and recycling be conducted in such a manner as to safeguard the public health, and not become an annoyance or hazard to the inhabitants of the city or surrounding territory.

(Ord. 878; Code 2016; Ord. 1063)

As used in this article, the following words shall have the meanings respectively set out opposite them.

(a)   Bulk Waste. Large items of waste including but not limited to household furniture, appliances (excluding refrigerant), bicycles and mattresses.

(b)   Commercial Waste. All solid waste coming from establishments engaged in business. This category includes, but is not limited to, solid waste originating in stores, markets, office buildings, restaurants, cafes and shopping centers.

(c)   Garbage. All kitchen and table refuse and every accumulation of animal, vegetable and other material that attends the preparation, consumption, decay or dealing in or storage of meat, fish, fowl, birds, grain, fruits, vegetables or other types of foods of whatever character and shall include all animal and vegetable refuse from kitchens and all household wastes that shall have resulted from the preparation of food including tin cans and bottles. Dead animals, dishwater and wastewater are not included under garbage.

(d)   Hazardous Waste. Solid and liquid waste which requires special handling and disposal to protect and conserve the environment and shall include but not limited to pesticides, acids, caustics, pathological waste, radioactive materials, flammable and/or explosive materials. Hazardous materials shall include but not limited to household chemicals and paint; explosive materials; rags or other waste soaked in volatile and flammable materials; drugs, poisons, radioactive materials, high combustible materials; television picture tubes; soiled dressings, clothing, bedding and/or wastes contaminated by infection or contagious disease and other materials which may present a special hazard to collection or disposal personnel or equipment or to the public.

(e)   Nuisance. Anything which:

(1)   Is injurious to health, is offensive to the senses, or any obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property;

(2)   Adversely affects an entire community or neighborhood, or any substantial number of persons even though the extent of the annoyance or damage inflicted upon individuals may be unequal;

(3)   Is caused by or is a result of the handling or disposal of solid wastes.

(f)   Person. Any individual, firm, association, syndicate, partnership, corporation, trust, or legal entity having proprietary interest in a premise, or other legal entity having responsibility for an act.

(g)   Recycling or Recyclable material.  Newspapers, magazines, junk mail, office paper, telephone books, brochures, and other similar recyclable paper products; corrugated cardboard and chipboard cardboard; aluminum beverage cans and steel/tin food or beverage cans; #1 through #7 plastic containers, excluding those having previously contained household hazardous materials, glass, bottles, jars and automotive oils and fluids.  Unacceptable plastics shall also include but not necessarily be limited to expanded polystyrene ("Styrofoam").

(h)   Refuse. Any and all accumulations of waste material, garbage, trash, rubbish, paper, packing material, pasteboard, cinders, recycling, metal and small tree limbs under five (5) inches in diameter when cut to a length of not to exceed five (5) feet and tied in bundles not to exceed 25 pounds.  The term refuse shall not include:

(1)   Sod, dirt, sand, rocks, bricks, or other masonry.

(2)   Waste products from the construction, remodeling, demolition or repair of any building, or resulting from any construction or building operation.

(3)   Any item posing unusual risk of injury to personnel or damage to the collection vehicle.

(4)   Tires, except as provided in section 9-412.9.

(5)   Hazardous waste or non-regulated materials, such as motor oil, antifreeze, and car batteries.

(i)    Yard Waste. Leaves, grass, trimmings from lawn and flower gardens, and small twigs or sticks less than .5 inch in diameter.

(Ord. 878; Code 2016; Ord. 1063)

(a)   The city or its contractor shall provide to the owner or tenant residing in any single family residence and duplex or four-plex multiple family residence within the City of Eudora, Kansas, a garbage and refuse container for ordinarily accumulated refuse and, if recycling is provided, a recycling container, at such place during the intervals between collections made by the city or its contractor. Each numbered container will be assigned to that residence and remain at that residence unless removed by the city or its contractor.

It shall be the duty of the owner or tenant residing at a business, commercial, industrial, institutional, or professional facility or establishment within the City of Eudora, Kansas, to obtain from the city of the city's contractor, and at all times keep or cause to be kept, a portable container or containers adequate to contain the amount of refuse ordinarily accumulated at such place during the intervals between collections made by the city or its contractor. All containers shall be at all times in good repair, kept in a clean, neat and sanitary condition. No modifications may be made to the containers provided, such as, but not limited to, drilling holes in cart, locks attached, or wheels modified.

(b)   Compostable craft paper bags specifically designed for yard waste must be used for all yard waste. Plastic bags are prohibited for packaging yard waste. Yard waste shall be picked up as a separate collection.

(c)   The customer will be responsible for clean-up of refuse scattered or spilled by animals, wind or other causes before arrival of the collection crew. Customers using containers designed for mechanical dumping whose refuse is of a type susceptible to easy dispersal by the wind when the container is being dumped, or who permit the container to be overfilled, will be responsible for clean-up of any litter caused by wind scattering or by refuse falling from the container during the dumping operation.

(d)   Containers with sharp or jagged items protruding above the top of the container shall not be collected. Collectors shall not dig compacted refuse from containers due to the risk of injury. Broken glass should be placed in a durable sealed package, prominently labeled so that the risk of injury can be recognized, and the package placed inside the container.

(e)   Waste products from construction, remodeling, demolition, and repair of any building or resulting from any construction or building operation shall be placed in roll-off containers specifically designed for that purpose or be subject to other charges.

(f)   Recycling will be collected separately from other refuse (though, collection may occur on the same day). If recycling services and containers are provided, then recycling shall be separated from other refuse and deposited into separate recycling containers for collection.

(Ord. 878; Code 2016; Ord. 1063)

(a)   Unless another pickup point has been approved by the public works director, all portable containers containing refuse, upon days of collection thereof, shall be placed by the occupant outside of any existing yard fence and placed at the curb or edge of roadway.

(b)   Containers shall be placed in a clearly accessible and uncluttered area to minimize risk of injury to the collector. Dogs tethered near refuse containers must be where they cannot reach or interfere with the collection of refuse.

(c)   Containers may not be placed in front of any mail box and vehicles may not be parked in front of the container(s) as to block access for crew pick-up.

(d)   To ensure collection on the scheduled day, containers and other properly packaged refuse must be placed at the designated point of collection before 7:00 a.m. on the scheduled day of collection, but not earlier than 24 hours before that time.

(e)   After collection, the crew shall return the trash receptacles to the spot where they were set out. Containers and refuse left by the collection crew due to improper packaging must be removed from the curb as promptly as possible after the collection crew has departed, but not later than 24 hours after the collection crew has departed.

(f)   Except during scheduled pick-up times, all containers must be stored in a storage area at the side or rear of the residential home and kept in an enclosure, fence, screen or other suitable means. Failure to comply with this section may result in the condition being declared an environmental code violation and subject to the enforcement measures set forth in section 15-315.

(Ord. 878; Code 2016; Ord. 1063)

Provisions relating to the accumulation of refuse, garbage and solid wastes shall be as follows:

(a)   It shall be unlawful for the owner or occupant of any residence, institution, professional, commercial, or business establishment, or for contractors or builders engaged in construction or remodeling projects, to deposit or accumulate refuse in or upon any lot, parcel of land, public or private drive, alley, street or other place in the city. No person shall permit or allow any refuse to be scattered about in his or her yard or upon the premises occupied by him or her or to throw or deposit any refuse upon the premises of any other person or upon any of the streets, alleys or other public places in the city. All refuse, garbage, and recycling must be contained each week within container(s) as provided by this article.

(b)   No person shall store, collect, maintain, or display on private property refuse or garbage that is offensive or hazardous to health and safety of the public or which creates offensive odors or a condition of unsightliness. Storage, collection, maintenance, or display of wastes or solid wastes in violation of this section shall be considered to be a public nuisance.

(c)   No person shall be permitted to accumulate quantities of refuse, papers, trash, ashes, or other waste materials within or close to any building in the city, unless the same is stored in container in such a manner as not to create a health hazard.

(d)   The places having rubble and excessive accumulations of garbage and refuse shall be included for minimum service, but may be excluded from additional service provided by the city; the option resting with the city that such accumulation shall then be removed and disposed of at the expense of owner. The removal of such waste may be scheduled with the city clerk unless removals are performed by arrangement with the city or other contractor.

(e)   Heavy accumulations such as brush, broken concrete, ashes, sand, gravel, automotive frames and parts, dead trees, and other bulky heavy materials shall be disposed of at the expense of the owner or person controlling same under the direction of the public works director.

(Ord. 878; Code 2016; Ord. 1063)

Unless authorized hereby to collect and dispose of refuse or to operate a service for the collection of material for recycling, it shall be unlawful for any person to:

(a)   Remove any portion of the contents of any refuse container, or remove any material placed out by residents or occupants of any premise for collection by operators of recycling services;

(b)   Upset, turn over, remove or carry away a refuse container or to damage such container in any manner;

(c)   Place or deposit, throw, rake, dump, drop or spill refuse or any substance in a container other than his or her own, one which has been provided for his or her use, or a container provided and marked for public use;

(d)   Set out, or cause to be set out, refuse for collection that does not originate from the premises where it is set out unless specifically approved by the public works director in each case;

(e)   Place any material other than refuse, as defined in section 15-302(h), in any city-owned container except with prior authorization by the public works director;

(f)   Place refuse in any container in such a manner as to prevent proper closure of the container lid;

(g)   Bury refuse at any place within the city;

(h)   Burn any garbage, refuse, leather, rubber, plastic, green or wet vegetation or organic material, or burn any substance producing smoke problems or odor problems within the city, except as provided by section 7-302 of the City Code. A permit may be obtained from the fire department for burning in an approved type incinerator that is in compliance with all existing federal and state standards;

(i)    Haul or cause to be hauled, any garbage, refuse, recycling, or other waste material of any kind, to any dumping place or site or area, within or without the corporate limits of the city, unless such place, or site is operated by the contractor, the city or is a sanitary landfill site transfer point or disposal facility or recycling facility approved by the Kansas State Department of Health. In addition, the site facility must comply with applicable health and zoning ordinances of the city; or

(j)    Deposit in a garbage or refuse container or otherwise offer for collection, any hazardous waste. Hazardous waste shall be transported by the owner, responsible person, or his or her agent, to a place of safe deposit or disposal as prescribed by the public works director or his or her authorized representative.

(Ord. 878; Code 2016; Ord. 1063)

(a)   Dangerous material such as hot ashes, radioactive material acids, caustics, diseased or infected materials, highly volatile materials, or explosives, shall not be collected.

(b)   Materials not defined as refuse in section 15-302 shall not be collected.

(c)   Cold ashes, sawdust, sand, dirt, powdery materials, small gravel or materials whose particles are less than one (1) inch in diameter, herbicides, insecticides, other home and garden chemicals, animal manure, and litter box refuse shall not be collected unless sealed in a durable, disposable container prior to being placed out for collection.

(d)   Material defined as hazardous or infectious by federal or state agencies shall not be collected.

(e)   Large boxes or cartons will not be collected during the weekly pick-up unless reduced in size so that they easily fit into the trash container.

(f)   Constructions and remodeling materials shall not be collected as part of the weekly refuse or bulky waste pick-up.

(g)   Dead animals such as but not limited to dogs, cats, rodents, birds, or any other dead animal shall not be collected.

(Ord. 878; Code 2016; Ord. 1063)

(a)   Yard waste will be collected separately from other refuse. This separate collection will be on one day each week during the yard waste season as specified by the public works director. Regular refuse containers will not be collected during yard waste collection times.

(b)   Tree trimmings must be bundled. Bundles must be tied securely, shall not be more than eighteen (18) inches in diameter, not more than five (5) feet long or more than sixty-five (65) pounds in weight.

(Ord. 878; Code 2016; Ord. 1063)

The governing body may from time to time, by ordinance, prescribe charges for the service of collection and disposal of solid waste and recycling. Such charges shall be paid to the city clerk and shall be billed each month. The solid waste and recycling collection charge shall be levied against every premise within the city limits which is receiving city water or sewer service and every occupied premise even though water or sewer service is not provided at the premises concerned, or when the water and/or sewer service is paid for by other parties. Should the charge for solid waste and recycling collection become delinquent, the water utility service shall be discontinued under the terms as provided for failure to pay for such service. Any other appropriate legal means are authorized for delinquent accounts. Recipients of bills for solid waste and recycling charges which they believe to be erroneous must report the possible error to the city clerk's office within thirty (30) days so that any required corrections may be made. The city manager will make recommendations to the governing body concerning solid waste and recycling collection charges annually.

(Ord. 878; Code 2016; Ord. 1063)

(a)   For single-family dwellings, and for each family living unit in multiple family dwellings up to a four-plex, the refuse and recycling collection rate shall be set by resolution of the governing body from time to time.

(b)   All other multiple-family dwellings, and all business, commercial, industrial, institutional or professional facilities or establishments are classified as commercial customers and shall be charged and billed the commercial rate as established by the city or the city's contractor.

(c)   The containers user fee includes only routine maintenance. Damages from neglect or from fires or other casualty in or around the containers will result in additional charges to cover labor and material for restoration or replacement of the containers.

(d)   Excessive bulky waste pick-up and special waste pick up will be determined by estimated tonnage charges per landfill deposit fees and labor needed to pick material up as charged by the city or the city's contractor.

(Ord. 878; Code 2016; Ord. 1063)

No extra charge will be made for bulky waste pickup of residential refuse as defined in section 15-302(a) for pick-up one time each month at the regular collection site for each property on the regular refuse collection day for such property during the first full week of each month. This does not include additional garbage, refuse, yard waste and hazardous materials as defined in section 15-302. Residential customers desiring collection of bulky items during any times other than the time provided in this section must do so by contacting the city clerk or city contractor to make arrangements for a special pick-up which shall be subject to additional charges.

(Ord. 878; Code 2016; Ord. 1063)

(a)   Unusual amounts or sizes of refuse which do not qualify for bulk pick-up service may be picked up at the direction of the public works director.

(b)   Waste tires will be collected only as permitted by the State Department of Health and Environment. Collection of waste tires will be conducted in accordance with regulations established by the public works director.

(Ord. 878; Code 2016; Ord. 1063)

The employees of the city or the city's contractor shall make collections of refuse and recycling at such regular intervals as shall be prescribed by the governing body.

(Ord. 878; Code 2016; Ord. 1063)

The city shall have the right to control and regulate recycling services within the city limits. No person shall operate a service for the collection of recyclable material from residential, business, or other premises within the city unless authorized by license or other formal agreement with the city. Any person so licensed shall be required to comply with regulations established by the public works director.

(Ord. 878; Code 2016; Ord. 1063)

The public works director is hereby authorized to formulate reasonable rules and regulations, including points of collection, necessary to carry out the provisions of this article. Chapter 28, State Board of Health Regulations and Article 20 Solid Wastes Management Standards and Regulations shall be complied with in the formulation of such rules and regulations, as well as all county and city rules and regulations covering collection and disposal of refuse.

(Ord. 878; Code 2016; Ord. 1063)

Any person or corporation violating any provision of this article shall be guilty of a misdemeanor and upon conviction shall be subject to a fine set by resolution of the city commission from time to time. Each day's failure to comply with any provision shall constitute a separate violation.

(Ord. 878; Code 2016; Ord. 1063)