Chapter 8.20
COMMERCIAL GARBAGE AND TRASH HAULERS
Sections:
8.20.040 Permit required and vehicle requirements.
8.20.060 Revocation of license.
8.20.100 Separability of provisions.
Prior legislation: Code 2009 §§ 3-2-1 – 3-2-9 and Ords. 88 and 126.
8.20.010 Purpose.
The purpose of this chapter is to comply with Iowa Code Sections 455B through 455E and to implement regulations which provide a safe and effective method of transporting, handling, and disposing of solid waste materials within Black Hawk County, Iowa. To provide a safe, effective, and reasonable method of transportation of yard waste, garbage, refuse, and other solid waste, the Board of Health of Black Hawk County, Iowa adopts the following chapter. [Res. passed 11/26/2024 (BOH Res. passed 10/30/24).]
8.20.020 Applicability.
The provisions contained herein apply throughout the unincorporated and incorporated areas in Black Hawk County, Iowa. [Res. passed 11/26/2024 (BOH Res. passed 10/30/24).]
8.20.030 Definitions.
“Appliances” shall mean machines common to residential household use and shall include refrigerators, stoves, microwave ovens, dishwashers, clothes washers, clothes dryers, water heaters, furnaces, air conditioners, dehumidifiers, console television sets, lawn mowers and any device containing a gasoline engine, an electric motor, or an electric motor capacitor.
“Board of Health” shall refer to the Black Hawk County Board of Health.
“Board of Supervisors” shall refer to the Black Hawk County Board of Supervisors.
“Commercial solid waste” shall mean solid waste resulting from the operation of any commercial, industrial, institutional, agricultural or other establishment.
“Commercial trash hauler” shall mean any person or business engaged in the collection, storage, or transportation of solid waste for a fee or other compensation.
“Compost” shall mean organic material resulting from biological decomposition of waste which can be used as a soil additive.
“Construction and demolition waste” means waste building materials including wood, metals and rubble which result from construction or demolition of structures. Such waste shall also include trees.
“Garbage” means the byproducts of animal or vegetable foodstuffs resulting from the handling, preparation, cooking or consumption of food, or other matter which is subject to decomposition, decay, putrefaction or the generation of noxious or offensive gases or odors, or which during or after decay may serve as breeding or feeding material for flies, insects or animals.
“Health Department” shall mean Black Hawk County Public Health.
“Health Officer” shall mean the authorized representative of the Black Hawk County Board of Health or their designee.
“Landfill” shall mean the Black Hawk County Landfill operated by the Black Hawk County Solid Waste Management Commission.
“Licensed hauler” shall mean any person with a valid permit obtained from the Health Department who is engaged in the business, process, or storage, collection, transportation and disposal of solid wastes.
“Permit” shall mean a written order to serve as a licensed hauler in Black Hawk County. The permit shall be approved and issued by a Health Officer from the Health Department. The permit shall approve the person as a licensed hauler.
“Permit fee” shall mean the fee charged by the Health Department as established by the Black Hawk County Board of Health.
“Person” means a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.
“Refuse” means solid waste accumulations consisting of garbage, household trash, yard wastes, and business trash as herein defined.
“Residential solid waste” shall mean solid waste resulting from the maintenance and operation of a residential dwelling.
“Solid waste” shall mean garbage, refuse, rubbish, and other similar discarded solid or semisolid materials, including but not limited to such materials resulting from industrial, commercial, agricultural, and domestic activities.
“Stake body type” means a vehicle with flatbed and removable side rails or stakes.
“Tarpaulin” means heavy duty, waterproof sheet or covering made of canvas, plastic or similar materials.
“Transportation” shall mean the transporting of solid waste and all other matter identified in this chapter from the place of collection or processing to the landfill.
“Vehicle” means any device that is designed, constructed, or modified primarily for the collection, transportation, and disposal of solid waste and shall include, without limitation, a motor vehicle, automobile, truck, trailer, motorcycle or any combination thereof.
“Yard waste” shall mean organic debris such as grass clippings, leaves, tree limbs, bark, branches, flowers, etc., that are produced as part of yard and garden development or maintenance and of which are generally considered compostable material. Yard waste shall not include:
1. Tree stumps.
2. Material meeting the definition of garbage as provided herein.
3. Flower and decorative products manufactured or fabricated or the waste by-products incidental to their manufacture or fabrication, which includes organic materials and other nonorganic wastes which are not practically separable. Examples of this exemption include but are not limited to things such as flower arrangements, decorative potted plants, wreaths, bouquets, garlands, and small bedding flats.
4. Dirt, rocks, large branches, and bulky or noncombustible material. [Res. passed 11/26/2024 (BOH Res. passed 10/30/24).]
8.20.040 Permit required and vehicle requirements.
A. No commercial trash hauler shall engage in the collection and hauling of garbage, solid waste, appliances, commercial solid waste, construction and demolition waste, residential solid waste, refuse, or yard waste within Black Hawk County without first obtaining a permit from the Health Department. The permit shall be issued when the equipment for hauling said garbage, refuse, or yard waste meets the requirements of this chapter. Such equipment shall have been inspected by a Health Officer and an inspection fee paid to the Health Department. The inspection fee shall be as established by the Black Hawk County Board of Health. The license shall be valid for one year unless sooner revoked as provided in this chapter. All applications and fees are due by May 1st of each year.
B. An application for a permit shall be filed with the Health Department and shall contain the following information:
1. The name and address and phone number of the applicant.
2. The vehicle(s) to be used with vehicle license number(s).
C. No permit shall be issued or renewed prior to the vehicles having been inspected by the Health Officer. The vehicle must meet the following requirements:
1. Construction of the vehicles shall be such that solid waste and other matter loaded therein or transported thereby shall be securely contained. Trucks with open sides, such as stake body truck, must have some type of paneling installed on the interior of the stakes to prevent the loss of any solid waste. Plywood or hardboard may be used to line the interior; large sections of cardboard are not acceptable.
2. All vehicles shall be equipped with a permanently attached covering over the bed of the vehicle, or with a suitable tarpaulin. The tarpaulin must be constructed in such a manner so that both sides and the end of the tarpaulin can be securely tied down or the vehicle loaded to prevent the solid waste and other matter from being blown or spilled.
3. All vehicles other than stake body types must be equipped with a tailgate of rigid construction of at least one and one-half feet in height which, when closed, shall securely hold and contain solid waste and other matter.
D. All vehicles inspected, permitted, and licensed under this section shall prominently display the business name and permit number in a location specified by the Health Department. [Res. passed 11/26/2024 (BOH Res. passed 10/30/24).]
8.20.050 Transferability.
No permit issued pursuant to this chapter shall be transferable from one person to another or from one vehicle to another. [Res. passed 11/26/2024 (BOH Res. passed 10/30/24).]
8.20.060 Revocation of license.
The Health Department may suspend, revoke or deny a license for any of the following reasons:
A. A material misstatement of facts in a permit application or submission of an incomplete application.
B. Failure to pay fees or costs as provided by this chapter.
C. Violation of the rules in this chapter. [Res. passed 11/26/2024 (BOH Res. passed 10/30/24).]
8.20.070 Enforcement.
A. The Health Department or Health Officers shall have the duty and responsibility of enforcing this chapter.
B. Penalties shall be as provided in County Code of Ordinances.
1. A violation of any provision of this chapter or any code, rules, or regulations adopted herein by reference shall constitute a county infraction. Any person committing a county infraction shall, upon conviction, be subject to a civil penalty of not more than $750.00 for each offense, not to exceed $1,000 for each repeat offense. Each day that a violation occurs or is permitted to exist by the violator shall constitute a separate offense.
2. The citation for a county infraction may be served by personal service or by certified mail return receipt requested. The administrative authority shall retain a copy of the citation, and one copy shall be sent to the clerk of the district court.
3. A person found guilty of a county infraction is liable for the court costs and fees.
4. In addition to any civil penalty imposed for violation of this chapter, the court may grant appropriate relief to abate or halt the violation.
5. If a violator willfully fails to pay the civil penalty or violates the terms of any other order imposed by the court, such failure shall constitute contempt.
6. Anyone who commits a violation of any of the provisions of this chapter may be charged with a simple misdemeanor fine of $65.00 up to the maximum fine of $650.00 and up to 30 days in jail. Each day that a violation occurs or is permitted to exist, following notice of violation, shall constitute a separate offense.
7. The provisions of this chapter shall not preclude the bringing of a civil action by ordinary proceedings to enjoin or abate any nuisance. Any action taken by the local board on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. [Res. passed 11/26/2024 (BOH Res. passed 10/30/24).]
8.20.080 Appeals.
In the event any person is aggrieved by any order made by the authority, the person may appeal to the Board of Health within 20 days of the date of such order. The appeal shall state the reasons for requesting such order to be rescinded or modified and serving such notice on the Board. The Board of Health shall review the action of the local authority within 20 days to the district court for the county in which the local board is located. [Res. passed 11/26/2024 (BOH Res. passed 10/30/24).]
8.20.090 Injunction.
Nothing in this chapter shall prohibit the Black Hawk County Board of Health from pursuing injunctive relief or other relief as allowed by law. [Res. passed 11/26/2024 (BOH Res. passed 10/30/24).]
8.20.100 Separability of provisions.
It is the intention of the Board of Health that each section, paragraph, sentence, clause, and provision of this chapter is separable, and if any provision is held unconstitutional or invalid for any reason, such decision shall not affect the remainder of this chapter, nor any part thereof, other than that affected by such decisions. [Res. passed 11/26/2024 (BOH Res. passed 10/30/24).]