Unless the context clearly indicates otherwise, the meaning of words and terms as used in this article shall be as follows:
(a) Commercial Waste. - All refuse emanating from establishments engaged in business including, but not limited to stores, markets, office buildings, restaurants, shopping centers, theaters, hospitals, governments and nursing homes.
(b) Construction and Demolition Waste. – Solid waste resulting from the construction, remodeling, repair and demolition of structures, roads, sidewalks and utilities; untreated wood and untreated sawdust from any source; solid waste consisting of motor vehicle window glass; and solid waste consisting of vegetation from land clearing and grubbing, utility maintenance, and seasonal or storm-related cleanup. Such wastes include, but are not limited to, bricks, concrete and other masonry materials, roofing materials, soil, rock, wood, wood products, wall or floor coverings, plaster, drywall, plumbing fixtures, electrical wiring, electrical components containing no hazardous materials, non-asbestos insulation and construction related packaging. “Construction and demolition waste” shall not include waste material containing friable asbestos, garbage, furniture, appliances, electrical equipment containing hazardous materials, tires, drums and containers even though such wastes resulted from construction and demolition activities. Clean rubble that is mixed with other construction and demolition waste during demolition or transportation shall be considered to be construction and demolition waste.
(c) Contractor or Collector. – A contractor licensed/or contracted with the City under this Article to collect and transport waste, recyclable materials and/or yard waste.
(d) Director. - The City Manager or his/her designee.
(e) Recyclable Materials. – Any materials that will be used or reused, or prepared for use or reuse, as an ingredient in an industrial process to make a product, or as an effective substitute for a commercial product. “Recyclables” includes, but is not limited to, paper, glass, plastic, municipal water treatment residues, as defined by K.S.A. 65-163 and metal, but excludes materials rejected by licensed recycling contractors and yard waste.
(f) Residence and Residential. – All single-family dwellings, duplexes, triplexes, townhomes and condominiums and all other types of dwelling units in the City except apartment buildings which shall be consider for purpose of this Article commercial buildings.
(g) Solid Waste. – Unwanted or discarded waste materials in a solid or liquid state including but not limited to refuse, garbage, trash, rubbish and discarded appliances, furniture, tires, and equipment.
(h) Yard Waste. – Consists of grass clippings, leaves, shrubs and tree trimmings.
(Code 2008; Ord. 3784)
(a) The City shall provide for the collection and disposal of all residential solid waste as a municipal function, and shall extend such service to all residential properties within the City, establish the conditions thereof, and fix the charges under which service will be rendered including designated containers provided by the contractor that every residential customer will use.. The City shall contract with one (1) or more private companies to perform such collection and disposal. All companies providing the service of collecting residential solid waste shall also provide a same-day curbside recycling service or other recycling program approved by the City and shall meet all requirements and regulation set forth by the Governing Body.
(b) Every resident of a residential property in the City shall be required to allow a collector contracted by the City on to his, her or its property for the purpose of collecting residential solid waste and recyclable materials.
(Code 2008; Ord. 3784)
The city shall have the right to enter into a contract with any responsible person for collection and disposal of solid waste.
(Code 2008)
(a) The owner or occupant of every dwelling unit or commercial enterprise shall provide at his or her own expense a suitable container for the storage of solid waste as provided in this article. No owner or occupant shall permit to accumulate quantities of refuse or other waste materials within or close to any structure within the city unless the same is stored in approved containers and in such a manner as not to create a health or fire hazard.
(Code 2008; Ord. 3770; Ord. 3784)
(a) The owner or occupant of every residence and of every institutional, commercial or industrial establishment or apartment building where solid waste is accumulated must provide sufficient and adequate containers for the deposit and collection of solid waste.
(b) Residential solid waste containers furnished by the contractor shall have a tight-fitting lid or otherwise be tightly secured and/or enclosed to prevent solid waste from escaping or from allowing water to collect inside the container. The container shall be maintained so as to retain odors and prohibit insects or animals from entering the solid waste containers. Containers shall be ninety-five (95) or less gallons of capacity, lightweight to be easily emptied and shall not weigh over fifty (50) pounds when full.
(Code 2008; Code 2018; Ord. 3784)
The following provisions of this article shall be observed in the storage of solid wastes and recyclable materials:
(a) The occupant of every dwelling unit and of every institutional, commercial, industrial, agricultural or business establishment, from which solid waste and/or recyclable materials collection is made under this article, shall place all solid waste and/or recyclable materials in approved containers. Whenever a portion of the solid waste and/or recyclable materials is subject to decay or putrefaction, blowing or spillage by weather or animals, such an accumulation must be kept covered or in approved containers, closed bins or containers not subject to deterioration. For single family dwellings and duplexes, containers may be stored outdoors in the following locations:
(1) Behind the dwelling in the rear yard; or
(2) On the side or front yard behind the front building line of the dwelling.
(A) The City may, during inclement weather, provide an amnesty period.
(b) Residential solid waste shall be stored in approved containers of not more than 96 gallons. They shall be of lightweight and sturdy construction. Containers, when such are recognized by the City as approved containers for residential solid waste, shall not be placed at a collection point any sooner than 5pm on the day prior to collection, and must be returned to appropriate storage locations no later than 11am the day after collection.
(Code 2008; Code 2018; Ord. 3781; Ord. 3784; Ord. 3800)
Solid waste collectors, employed by the city or operating under contract with the city, are hereby authorized to enter in and upon private property for the purpose of collecting solid waste therefrom as required by this article.
(Code 2008)
Ownership of solid waste when placed in containers by the occupants or owners of premises upon which refuse accumulates, shall be vested in the city and thereafter shall be subject to the exclusive control of the city, its employees or contractors. No person shall meddle with refuse containers or in any way pilfer or scatter contents thereof in any alley or street within the city.
(Code 2008)
Containers for recyclable materials in residential areas shall be open rectangular bins furnished by the contractor(s) with a minimum of eighteen (18) gallons in capacity. The Director may provide other specific requirements for the containers.
(Code 2008; Code 2018; Ord. 3784)
The Bulky Item Pickup Program is for disposal of large household items that can’t be handled as part of the weekly trash pickup.
(a) Rules and Procedures
(1) Bulky items shall be placed in the manner, and at the time and the location proscribed by the city, or their contractor, per regulations provided on the city and contractor’s website. Any bulky item shall not be placed for pickup more than 72 hours before the scheduled pickup.
(2) Collection shall be provided for all residential refuse customers.
(3) Appliances and tires shall only be picked up at special times of the year. Tires are limited to six per billed customer.
(4) Not acceptable are:
(A) bags or boxes of smaller items that could be picked up on the regular collection day.
(B) loose or scattered materials
(C) construction material/debris
(D) liquid waste or hazardous materials
(5) Any items not picked up shall be the responsibility of the customer to remove from street view and out of the front yard or public right of way within 24 hours following the day of pickup.
(Ord. 3606, Sec. 1; Code 2008; Code 2018; Ord. 3784)
No person shall deposit in a solid waste container or otherwise offer for collection any hazardous garbage, refuse, or waste. Hazardous material shall include:
(a) Explosive materials;
(b) Rags or other waste soaked in volatile and flammable materials;
(c) Chemicals;
(d) Poisons;
(e) Radio-active materials;
(f) Highly combustible materials;
(g) Soiled dressings, clothing, bedding and/or other wastes, contaminated by infection or contagious disease;
(h) Any other materials which may present a special hazard to collection or disposal personnel, equipment, or to the public.
(Code 2008)
It shall be unlawful for any person to:
(a) Deposit solid waste in any container other than that owned or leased by him or under his control without written consent of the owner and/or with the intent of avoiding payment of the refuse service charge;
(b) Interfere in any manner with employees of the city or its contractors in the collection of solid waste;
(c) Burn solid waste except in an approved incinerator and unless a variance has been granted and a written permit obtained from the city or the appropriate air pollution control agency;
(d) Bury refuse at any place within the city except that lawn and garden trimmings may be composted.
(Code 2008)
Manure from cow lots, stables, poultry yards, pigeon lofts and other animal or fowl pens, and waste oils from garages or filling stations shall be removed and disposed of at the expense of the person controlling the same and in a manner consistent with this article.
(Code 2008)
No person shall haul or cause to be hauled any garbage, refuse or other waste material of any kind to any place, site or area within or without the limits of the city unless such site is a sanitary landfill, transfer point or disposal facility approved by the Kansas State Department of Health and Environment.
(Code 2008)
Any vehicle used by any person for the collection and transportation of solid waste shall be maintained in a good mechanical condition. Vehicle shall be equipped with an enclosed covered body to prevent the contents leaking or escaping therefrom. Only tree trimmings or brush may be transported in open-bodied vehicles provided the material is securely tied in place to prevent scattering along the streets and alleys.
(Code 2008)
The collection and transportation of trash and waste materials shall be at all times under the general supervision of the director, who shall have the authority by and with the consent of the governing body to make additional rules and regulations not inconsistent with the terms and provisions of this article requiring that the collection and transportation of trash and waste materials shall be conducted in such manner as not to endanger the public health, or to become an annoyance to the inhabitants of the city, and providing for a proper fee to be charged to the customer.
(Code 2008; Ord. 3784)
The owner or occupant of any residence where recyclable materials shall be generated by separate recyclable materials from all other solid waste and place such recyclable materials at the location designated by the contractor in a recyclable materials container for collection on collection day and shall maintain such recyclable containers and the area surrounding them in a neat, clean and sanitary condition at all times.
(Code 2008; Ord. 3784)
(a) Residential and apartment building collection of solid waste and recyclable materials shall be not less than one (1) collection each calendar week.
(b) Institutional, commercial and industrial solid waste collection shall be as required to protect the health, welfare and safety of the City and maintain the premises in a sanitary and unlettered condition so as to avoid the creation of a nuisance.
(Code 2008; Code 2018; Ord. 3784)
All contractors shall engage in collection and transportation of solid waste and recyclable materials between the hours of 7:00 A.M. and 7:00 P.M.
(Ord. 3606, Sec. 2; Code 2008; Ord. 3784)
All contractors shall maintain an office with adequate telephone service to provide for service requests and complaints. The Director shall be furnished immediately any change in telephone or address if such office changes.
(Ord. 3784)
All recyclable materials shall be disposed of at a recycling processing or disposal facility approved by and in compliance with all local, State and Federal regulations.
(Ord. 3784)
(a) Annual charges for solid waste and recycling collection for residential property shall be collected with ad valorem real estate taxes annually.
(b) The City will make available residential bulky waste pick up at least monthly.
(c) Charges by contractors for solid waste collection for institutional, commercial and industrial establishments and apartment building shall be the responsibility of the owner or occupant of the establishment or apartment building.
(Ord. 3784)
The charges to be assessed and paid by the property owner for the collection, transportation and disposal of solid waste and recyclable materials shall be as fixed from time to time in the city’s schedule of fees and include the appropriate franchise fee and administrative service charge. Such franchise fee shall not exceed five percent (5%) of the customer’s monthly charge as established between Contractor and the City. Such charge shall be collected monthly and remitted to the city quarterly. The charge shall also be applicable to all residential and non-residential properties within the corporate limits of the City of Osawatomie and shall be subject to audit upon the request of the Director.
(Ord. 3784; Ord. 3800; Ord. 3831)
That any charges and fees assessed or paid incorrectly in accordance with this Article maybe abated by the Director.
(Ord. 3784)