CHAPTER XV. UTILITIES – WATER AND SOLID WASTECHAPTER XV. UTILITIES – WATER AND SOLID WASTE\ARTICLE 8. SOLID WASTE

For the purposes of this chapter, the following words and phrases shall have the following meanings:

(a)   Approved collection container shall mean the container, bin or dumpster provided by the city for the disposal and collection of garbage or refuse or recyclables, or other containers approved by the city for the disposal and collection under the terms of this chapter.

(b)   City means the City of Cottonwood Falls, Kansas.

(c)   Collection point means a point convenient to street along the parking or a point designated by the city for the collection of solid waste.

(d)   Commercial and Industrial establishment shall include, among others, the operation of storage, mercantile, industrial, business, public assembly, institutional and all other establishments commonly designated as commercial or as industrial, or a s may hereafter be designated as such. The differentiation between Commercial and Industrial solid waste shall be determined on an individual basis at the discretion of the governing body of the City by weighing the factors of the type and content of the waste, as well as the quantity of the waste generated by the commercial or industrial establishment, as well as other factors deemed relevant by the City.

(e)   Construction and demolition waste shall mean solid waste resulting from the construction, remodeling, repair and demolition of structures, roads, sidewalks and utilities, and shall include (but not be limited to) the following: untreated wood and untreated sawdust from any source; motor vehicle window glass; vegetation from land clearing and grubbing, utility maintenance and seasonal or storm-related clean-up; bricks; concrete; masonry, materials; roofing materials; soil; rock; wood; and wood products.

(f)   Dwelling unit shall mean and include a room or group of rooms within a building or structure forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating. The term dwelling unit shall include each living unit within an apartment house, each apartment within a private home, each individual mobile home within a mobile home park or subdivision, and each living unit within a duplex, triplex or other structure designed for multi-family living in separate living units. within units.

(g)   Gallon means form of liquid measurement of capacity equal to 231 cubic inches or 3.785 liters.

(h)   Garbage shall mean and include the putrescible animal and vegetable wastes resulting from the handling, preparing, cooking and consumption of food and shall also include bakery and market waste from the handling, storage or sale of bakery goods or produce.

(i)    Junk shall mean all worn out, broken or discarded materials not included within the definitions of garbage, rubbish, and trash or recyclable.

(j)    Person shall mean and include any person, firm, partnership, association, corporation, company or organization, or any kind of a governmental body or agency.

(k)   Polycart means a container provided by the City of Cottonwood Falls, Kansas, for the collection of solid waste. The polycart is typically made of plastic or rubber and can be of various capacities. The polycart is portable and has a lid that closes.

(l)    Premises shall mean and include a lot, plot or parcel of land, including the buildings and structures thereon.

(m)  Recycle shall mean the separation from other refuse and the preparation for disposal and collection of all materials designated as recyclables pursuant to the provisions of this chapter.

(n)   Recyclable shall mean any refuse designated from time to time by the governing body of the city by ordinance as being a recyclable material for purposes of separate disposal and collection under the provisions of this chapter.

(o)   Refuse shall mean and include all garbage, rubbish and trash.

(p)   Rubbish shall mean and include the nonputrescible wastes consisting of miscellaneous materials, and shall also include, among other things, paper, tin foil, broken crockery, fabrics, coffee grounds, utensils, excelsior, packing, wrappings, sweepings of dust and dirt, rubber and bits of metal

(q)   Sanitation division shall mean the city department or division charged with the responsibility for providing municipal solid waste collection services under the provisions of this chapter.

(r)    Solid Waste means garbage, refuse and other discarded material including but not limited to solid and liquid waste materials resulting from industrial, commercial, agricultural and domestic activities.

(s)   Trash shall mea n and include all other putrescible and nonputrescible wastes other than garbage and rubbish, except body wastes, and shall include, among other things, wood, no pliable crating, boxes or cartons, shrubbery and tree trimmings, discarded furniture, bedding, small appliances, clothing and shoes.

(t)    Type 1 service shall mean a collection service or technique at single dwelling units, and at multiple dwelling units where individual collection can be established, and utilizes a city-provided roll-out polycart for refuse and recycling bins for recyclables.

(u)   Type 2 service shall mean a collection service or technique used at multiple dwelling units under common ownership or management where individual collection cannot be established, and generally utilizes one or more dumpsters for the collection of refuse, and one or more roll-out polycarts for the collection of recyclables at a single collection point servicing several dwelling units.

(v)   Yard waste shall mean all grass trimmings, leaves, weeds and all other vegetation or portions, trimmings or wastes thereof or therefrom, except for food wastes included within the definition of garbage, and except from shrubbery and tree trimmings included within the definition of trash. Yard waste may be disposed of free of charge at the City burn site.

The governing body may, by ordinance, limit or extend these definitions and may give interpretations to words and phrases.

(Code 1976, 7-400s; Ord. 940; Ord. 945; Code 2015)

It shall be unlawful for any person to throw, place or deposit, or to allow or permit the throwing, placing or depositin9, or to allow the accumulation upon any parking, sidewalk, gutter, street, alley, thoroughfare, park or other public grounds or city-owned property, any refuse, recyclables or junk of any kind.

(Code 1976, 7-400s; Ord. 940; Code 2015)

Nothing in this chapter shall prevent any person, under a permit from the city, from encumbering the streets or alleys with building materials or earth for the purposes of construction, demolition, remodeling or repairing any building or structure; provided, that in the event of such encumbering of the streets or alleys, the contractor, owner or occupant shall remove any and all materials remaining within 10 days from the competition of the work and shall leave the streets or alleys in the same condition that they were prior to his or her use thereof.

(Code 1976, 7-400s; Ord. 940; Code 2015)

Owners or occupants shall maintain their premises as follows:

(a)   Every owner or occupant shall maintain and keep his or her premises in a clean and sanitary manner and free from any accumulations of refuse and junk of any kind except for the permissible and temporary storage thereof for purposes of collection and disposal pursuant to the provisions of this chapter.

(b)   Every owner or occupant of any such premises shall dispose of all refuse, garbage, rubbish and recyclables in a clean and sanitary manner by placing such in an approved storage or disposal facility which is safe and sanitary. Materials not approved for collection by the city shall be disposed of in a manner: prescribed by federal, state or local regulations.

(Code 1976, 7-400s; Ord. 940; Code 2015)

Any owner or harborer of any animal that dies within the city limits to properly dispose of the same immediately. In the event of the neglect or refusal to properly dispose of the animal, the city may dispose of the same and make a reasonable charge against the owner and/or harborer thereof for the disposal of such carcass. Any animal which is disposed of by burial within the city limits shall be buried with a minimum of 24 inches of earth cover.

(Code 1976, 7-400s; Ord. 940; Code 2015)

The landfill, solid waste collection center, hazardous waste collection center, recycling center operated by the City of Emporia and Lyon County, Kansas, Chase County participates in under a solid waste management plan, is hereby designated for the use of the city sanitation division and the citizens of the city for the purpose of disposing of all refuse, recyclables, hazardous waste and construction and demolition waste, pursuant to the rules and regulations established in this chapter and the Board of County Commissioners and their designees.

(Code 1976, 7-400s; Ord. 940; Code 2015)

It shall be unlawful for any person to commit any of the following acts:

(a)   To cause, allow or permit any material or matter whatsoever other than refuse, garbage or rubbish as defined in Section 15-801 to be deposited in any city-provided garbage receptacles.

(b)   To deposit, place or leave any garbage, rubbish or trash at any collection point in any manner other than in an approved collection container, unless otherwise specifically allowed as a part of the disposal preparation requirements established from time to time by the governing body.

(c)   To deposit, throw, place or leave any refuse or any other material or materials that are subject to be scattered by wind or otherwise, upon any property, public or private, in the city, except in an approved collection container.

To cause, allow or permit any refuse to burn.

(e)   To upset, turn over, damage, remove or carry away any approved collection container.

(f)   To deposit, throw, place or leave any approved collection container with in the portions of any highway, street, road or alleyway maintained for vehicular traffic or parking.

(g)   To place concrete or large rocks in collection containers.

(h)   To place hazardous waste in collection containers.

(i)    To cause damage to any city provided collection container.

(Code 1976, 7-400s; Ord. 940; Code 2015)

The charges. for municipal solid waste collection and disposal services shall be made at. the same t1m.e and 1n the same manner as the charges for water utility services and furnished by the city, and such charges shall be due and payable at the same time and place as charges for water service.

A request for water service shall constitute a request for solid waste service. In cases in which a person requiring solid waste service is not a water utility customer, billing for the solid waste service shall be rendered directly. Persons who generate no solid waste shall not be required to pay any service charge, but every residence, dwelling unit and every business and commercial establishment shall be presumed to have solid waste until proof to the contrary is provided to the city council.

The charge for the collection of solid waste will be made at the same time and in the same manner as the charge for the water utility service offered and furnished by the city, and such solid waste charge shall be due and payable at the same time and place as; the charge for the water utility service that is due and payable. The charge for solid waste collections and the charge for water utility service are hereby declared to be parts of one debt to the city insofar as the same affects any one customer or consumer, and the refusal or failure to pay any part of such debt for any monthly period of service in accordance with the rules and regulations established by the governing body shall be sufficient cause for discontinuing water utility service and solid waste collection service. All outstanding amounts owed for solid waste collection service shall constitute an encumbrance against the property so served, and the city clerk may deny the provision of any new municipal solid waste collection service(s) to the subject property as long as delinquent charges remain outstanding, irrespective of any intervening change in the ownership or tenancy of the property, and may deny service to any other property owned or managed by the delinquent customer.

(Code 1976, 7-400s; Ord. 940; Code 2015)

The governing body shall have the authority to establish policies, rules and regulations regarding the operation of the city’s solid waste collection and disposal activities which are not inconsistent with the provisions of this chapter and with federal and state law.

(Code 1976, 7-400s; Ord. 940; Code 2015)

(a)   The city shall collect and dispose of all solid waste within the city limits as a municipal function pursuant to K.S.A. 12-2103, and amendments thereto. No other firm or company is hereby allowed to collect solid waste within the City of Cottonwood Falls, Kansas.

(b)   Nothing contained herein shall prevent or be construed as preventing or prohibiting the commercial collection of solid waste not regularly collected within the city by the city’s sanitation division nor city prohibiting an individual or business from disposing personally of their own solid waste in a lawful and approved manner.

(Code 1976, 7-400s; Ord. 940; Code 2015)

Collection of refuse and recyclables shall be as follows:

(a)   Where Type 1 service is established, refuse and recyclables shall be collected and removed once each week.

(b)   Where Type 2 service is established, refuse and recyclables shall be collected on an established frequency as determined by agreement between the customer and the city.

(c)   Collection routes and the designated day of collection as to each dwelling unit shall be determined by sanitation division and may be adjusted from time to time as deemed appropriate for efficiency or economy of operations.

(Code 1976, 7-400s; Ord. 940; Code 2015)

(a)   Provision and collection: Except as otherwise provided in this chapter, the city will provide a single polycart to each dwelling unit without cost. Collection of the re1fuse will be provided once per week on a day to be established by the city. In the event that polycart is lost or stolen, the owner, tenant or occupant of the dwelling unit shall notify the Chase County Sheriff’s Department and file a stolen property report. Upon the filing of such report, the polycart will be replaced at no additional cost.

(b)   Care and Maintenance: Standard maintenance of the physical condition of the polycart due to normal usage will be performed by the city. The owner, tenant or occupant of a dwelling unit shall be responsible for the cleaning and storage of the polycart. If a polycart is damaged due to abuse, placement of hazardous materials, or extremely heavy materials within the cart, the owner, tenant or occupant of the dwelling unit will be charged for the placement of the polycart at the cost charged by the manufacturer or supplier to the city, plus an administrative charge of Fifteen dollars ($15.00).

(c)   Usage of polycart. Owners, tenants and occupants of dwelling units provided the polycart shall utilize the cart for solid waste collection in accordance with the provisions of this chapter and the following:

(1)   All refuse, garbage and rubbish shall be placed inside the polycart for collection by the city.

(2)   All refuse garbage and rubbish to be collected must be contai1ned within the polycart and no loose material/refuse will be collected.

(3)   Solvents, liquids or hazardous materials must not be placed in the polycarts.

(4)   No hot ashes are to be placed in the polycart. Extremely heavy objects, such as concrete, engine blocks, etc., shall not be placed in the polycart.

(d)   Additional fees:

(1)   If an owner, tenant or occupant of a dwelling unit finds that the polycart provided does not have sufficient capacity to contain the refuse generated by the household, it is the owner, tenant or occupants responsibility to notify the sanitation division and request an additional container. The fee for each additional container provided shall be at the rate of $11.25 per month.

(2)   If a polycart cannot be physically picked up by the sanitation collection vehicle due to obstructed access (i.e., a vehicle parked in front of the polycart or the cart being placed next to a tree/mailbox, etc.) it will be passed for collection. Upon request by the owner, tenant or occupant of the dwelling unit, a special pick up can be made at an additional cost of $10.50 per pick up.

(3)   If the refuse generated by the household is in excess of the polycart capacity, an additional or loose pick up can be made upon request of the owner, tenant or occupant at an additional cost of $10.50.

(4)   Other Regulations. All other provisions of this chapter pertaining to municipal collection of solid waste shall be applicable to the use of polycarts to the extent that such regulations are not inconsistent with the provisions of this section. In the event that such regulations are inconsistent within this section, the provisions of this section shall control.

(Code 1976, 7-400s; Ord. 940; Code 2015)

(a)   Type 1 Service. It shall be the responsibility of the owner, tenant or occupant of each dwelling unit designated for Type 1 Service to adhere to the following practices:

(1)   To place the collection container(s) at the collection point no sooner than 5:00 p.m. on the day prior to scheduled collection, nor later than 7:00 a.m. on the day of scheduled collection, and to remove the collection container to their normal storage location within 24 hours after collection.

(2)   To remove or cause to be removed any refuse or litter remaining at the collection point which is not collected because of any failure to adhere to the provisions of this chapter.

(b)   Type 2 Service. It shall be the responsibility of the common owner or management of multiple dwelling units designated for Type 2 Service to adhere to the following practices:

(1)   To establish, in consultation with the sanitation division, one or more collection points which are readily accessible to city collection vehicles.

(Code 1976, 7-400s; Ord. 940; Code 2015)

(a)   Fees for the collection and disposal of refuse and recyclables by the City from inside the City shall be as follows:

(1)   Type 1 Service (Polycarts)– once per week:

(A)  Single family dwelling unit - $11.25 per month

(B)  Trailer & mobile home park, single family unit - $11.25 per month

(C)  Additional polycart –for type 1 service $11.25 each per month

(i)    One-time extra dump (occasional) - $10.50 each dump

(2)   Type 2 Service - once per week:

(A)  Multiple family dwelling units - $14.25 per month

(B)  Additional polycarts for type 2 service - $14.25 each per month

(i)    One-time extra dump (occasional) - $10.50 each dump

(b)   Fees for the collection and disposal of refuse and recyclables by the City from "Out of City Limits" residential (non-commercial/non-industrial) accounts, when and if agreed to by the City, shall be as follows:

(1)   Type 1 Service (Polycarts): Once per week

(A)  Out of City Limits (one-mile radius) - $14.25 per month

(B)  Out of City Limits (one to ten-mile radius) - $16.00 per month

(C)  Additional Polycarts for type 1 service within 1 mile of the city limits - $14.25 per month each cart

(D)  From 1-10 miles of the City Limits - $16.00 per month each cart

(i)    One-time extra dump (occasional) - $10.50 each dump

(c)   Fees for the collection of garbage, refuse, and rubbish by the City from Commercial/Industrial establishments "In the City Limits" in approved containers provided by the City shall be as follows:

(1)   Commercial Service:

Non-Compacted dumpsters (prices per dumpster)

Pickups per week

2 cu. Yds

3 cu. Yds

4 cu. Yds

6 cuYds

One per week

$65.75

$90.75

$130.75

$171.75 per month

Two per week

$87.75

$120.75

$170.75

$235.75 per month

Three per week

$105.75

$150.75

$210.75

$295.75 per month

Five per week

$149.75

$202 .75

$272.75

$377.75 per month

One-time extra dump any size (occasional) - $50.00 each dump of a dumpster

(2)   Industrial Service:

Non-Compacted dumpsters (Price per dumpster)

Pickups per week

2 cu. Yds

3 cu. Yds

4 cuYds

6 cu. Yds

One per week

$109.75

$134.75

$164.75

$215.75 per month

Two per week

$131.75

$164.75

$204.75

$265.75 per month

Three per week

$153.75

$194.75

$244 .75

$315.75 per month

Five per week

$192 .75

$254 .75

$364.75

$415.75 per month

One-time extra dump any size (occasional) - $50.00 each dump of a dumpster

(d)   Fees for the collection of garbage, refuse, and rubbish by the City from Commercial and Industrial establishments "Out of the City" in approved containers provided by the City shall be as follows:

       Commercial service and Industrial service for those customers outside of the City limits shall be based upon 6 cubic yard dumpsters at the rate for Commercial or Industrial service for customers in the City Limits, which is called the "base rate."

       In addition to the base rate, there shall be charged a mileage fee computed as follows: Multiply the round-trip miles driven to the customer by the number of trips made in a four-week period; the product shall be multiplied by an amount equal to three times the standard mileage rate as established by the Internal Revenue Service each January to calculate the deductible cost of operating an automobile for business purposes. The result is the mileage fee.

       If requested by the customer, the City may re-evaluate the "Out of the City" fee, considering the number of miles driven, content of the waste, and whether other customers are in the vicinity of the requesting customer.

       One-time extra dump (occasional) with no additional trip to premises - $50.00 each dump of a dumpster.

(Code 1976, 7-400s; Ord. 940; Ord. 954; Code 2015)

Collection from commercial and industrial establishments inside the City limits may be provided once, twice, or three times per week, based upon the needs of the customer as established in consultation with the City. Collection from commercial and industrial establishments outside of the City limits shall be negotiated between the customer and the City as per an agreement signed by the parties.

(Code 1976, 7-400s; Ord. 940; Code 2015)

(a)   Containers used by commercial establishments shall be provided by the City. The container size shall be agreed upon by the commercial customer and the City and not exceed a total capacity of six (6) cubic yards.

(b)   Containers used by industrial customers shall be limited to those having a total capacity of six (6) cubic yards.

(Code 1976, 7-400s; Ord. 940; Code 2015)

It shall be the responsibility of the owner or management of any commercial establishment receiving service under this chapter to adhere to the following:

(a)   To place or cause to be placed the collection container or containers at a suitable location, determined in consultation with the sanitation division, which is readily accessible to City collection vehicles.

(b)   To maintain the collection containers in a serviceable and sanitary condition, which shall be used exclusively for the placement of approved refuse and recyclables for collection and disposal by the City.

(c)   To remove or cause to be removed any refuse or litter remaining at the collection point which is not collected because of any failure to adhere to the provisions of this chapter.

(Code 1976, 7-400s; Ord. 940; Ord. 954; Code 2015)

The sanitation division shall be under no obligation to collect any refuse or recyclables which are not in an approved collection container. If the sanitation division does collect such refuse from a Type I or Type II service, the customer shall pay an additional charge as establishment under the rules and regulatory function of the City described in this Chapter, but not to exceed one-half the monthly collection charge for that customer. If the sanitation division does collect such refuse, a commercial or industrial establishment shall pay an additional charge equal to the minimum monthly charge for each increment in volume of such refuse or recyclables, equal to or less than the volume of the containers for which the commercial or industrial establishment’s monthly minimum charge is determined.

(Code 1976, 7-400s; Ord. 940; Ord. 954; Code 2015)

Any person violating any of the provisions of this chapter shall, upon conviction thereof, be fined in the sum not less than $10 nor more than $100, and by imprisonment for not more than thirty (30) days, with each day of failure to comply with any such provisions of this chapter constituting a separate violation.

(Code 1976, 7-400s; Ord. 940; Code 2015)