Chapter 8.05
SOLID WASTE

Sections:

8.05.010    Definitions.

8.05.020    City authorized to adopt solid waste management contract and enter into contracts.

8.05.030    Use of solid waste services by residents.

8.05.040    Payment for services.

8.05.050    Remedies of city for nonpayment.

8.05.060    Unlawful to dispose of solid waste by unapproved method.

8.05.070    Delivery of solid waste to designated facility.

8.05.010 Definitions.

“Solid waste” means all putrescible and nonputrescible materials or substances discarded or rejected as being spent, useless, worthless, or in excess to the owner’s needs at the time of discard or rejection, including, but not limited to, garbage, refuse, industrial and commercial waste, sludges from air or water control facilities, rubbish, ashes, contained gaseous material, incinerator residue, demolition, construction debris, and discarded automobiles and offal, but not including sewage and other highly diluted water-carried materials or substances and those in gaseous form.

“Solid waste management” means the purposeful and systematic collection, transportation, storage, processing, recovery, and disposal of solid waste.

“Solid waste management facility” means any facility employed for solid waste management, including, but not limited to, transfer stations, transport systems, baling facilities, landfills, processing systems, including resource recovery facilities or other facilities for reducing solid waste volume, plants and facilities for compacting, composting or pyrolization of solid wastes, incinerators and other solid waste disposal, reduction or conversion facilities, and facilities for resource recovery of energy consisting of:

1. Facilities for the production, transmission, distribution and sale of heat and steam; and

2. Facilities for the generation and sale of electric energy to a public utility or municipality or other public entity which owns and operates an electric power system on March 15, 1982, and for the generation, sale and transmission of electric energy on an emergency basis only to a military installation of the United States. [Code 2000 § 14-4-1].

8.05.020 City authorized to adopt solid waste management contract and enter into contracts.

The city council is, by and through the mayor and city recorder, authorized and empowered to supervise and regulate the collection, transportation, and disposition of all solid waste generated within the city and to provide for disposition of such solid waste at a solid waste management facility within or outside of the city. The city is further authorized to enter into contracts providing for the responsibility for the collection and disposition of solid waste, to levy and collect taxes, fees, and charges and require licenses as may be appropriate to discharge the city’s responsibility with respect to solid waste management, including licensing private collectors operating within the city. The city is further empowered to require that all solid waste generated within the city be delivered to a solid waste management facility designated by the city and to control the right to collect, transport and dispose of all solid waste generated within the city and to provide that the sole and exclusive right to collect, transport and dispose of solid waste within the city shall be assumed by any public entity, private person, or any combination thereof, with whom the city has contracted. [Code 2000 § 14-4-2].

8.05.030 Use of solid waste services by residents.

The owners and occupants of all single-family dwellings and duplexes within the city shall be required to dispose of all solid waste, trash and garbage produced or generated on or by their premises by utilizing the services of any public or private solid waste collector with whom the city has contracted to provide for the collection and removal of such solid waste, trash, or garbage. Such services shall be utilized in compliance with such rules, regulations and collection dates as the city may promulgate. [Code 2000 § 14-4-3].

8.05.040 Payment for services.

The owner or occupant of each single-family dwelling or duplex unit shall pay a fee for the collection, transport and removal of solid waste, trash and garbage from their premises in an amount to be fixed by resolution of the city council. Such fee shall be billed on a regular basis by the city and shall be itemized and included in a comprehensive statement for all services provided by the city including water service, electrical service, sewer service and all related services, where applicable. The solid waste collection fee shall be collected together with and not separately from the charges for any other utility services rendered by the city and all charges shall be billed upon the same bill and collected as one item. [Code 2000 § 14-4-4].

8.05.050 Remedies of city for nonpayment.

In addition to other remedies which the city may have by law for nonpayment of the solid waste collection fee, the city may suspend or disconnect all services to the premises of any owner or occupant of any single-family dwelling or duplex including specifically disconnection of water and electrical service to the premises until such payment has been made in full, including interest and reconnection fees. [Code 2000 § 14-4-5].

8.05.060 Unlawful to dispose of solid waste by unapproved method.

The city has adopted this chapter to provide for a uniform, safe, regular and healthful method and means of disposing of solid waste, trash, and garbage generated within the city. The city deems such method to be necessary to preserve the public health, safety and welfare of the residents and inhabitants of the city and to prevent the occurrence of dangerous, unhealthy, or offensive conditions. Accordingly, it shall be unlawful for any person to dispose of solid waste as defined herein except through utilization of the services of any person or public entity with whom the city has contracted to provide such services by approved procedures. [Code 2000 § 14-4-6].

8.05.070 Delivery of solid waste to designated facility.

The city has entered into a solid waste disposal services contract with the Davis County Solid Waste Management and Energy Recovery Special Services District, now known as Wasatch Energy System, pursuant to the terms of which the city has agreed to have solid waste generated within the city processed by the facility owned by said district as authorized by the Solid Waste Management Act. Beginning on the date provided in a notice to the city given by the owner of such processing facility for the commencement of delivery of solid waste to the facility or in a notice given by the owner as to the effective date for the commencement of delivery of solid waste to the landfill (as defined in Section 2.1 of the said contract with said district), all persons, including private collectors of solid waste, operating within the jurisdiction of the city shall deliver all solid waste generated within the city and any territory annexed thereto in the future, to the facility or the landfill in accordance with the said contract; provided, however, that in the event the facility is operating at capacity or is shut down as provided in the said contract, such persons, including private collectors of solid waste operating within the city, shall, upon the direction of the owner of the facility, deliver all solid waste to a landfill or landfills within Davis County. [Code 2000 § 14-4-7].