Chapter 8.05 SOLID WASTE MANAGEMENT

Abandoned Vehicle. A vehicle is presumed abandoned if it is left unattended on a highway for a period in excess of 24 hours or on any public or private property for a period in excess of seven calendar days without express or implied consent of the owner or person in lawful possession or control of the property.

“Agricultural waste” means the manure or crop residues from various agricultural pursuits, including, but not limited to, dairies and the raising of livestock and poultry; solid waste that results from the rearing and slaughtering of animals and the processing of animal products and orchard and field crops.

“Bulky waste” means large items of solid waste, including, but not limited to, appliances, furniture, trees, branches, and stumps.

“City” means Eagle Mountain City, Utah.

“Collector” means any person who collects or transports solid waste.

“Compaction” means the volume reduction of material under load.

“Compost” means organic waste material that has biologically decomposed or is in the process of biologically decomposing under controlled conditions.

“Compost plant” means any place or facility where composting occurs.

“Composting” means the biological decomposition of organic waste under controlled conditions.

“Construction and demolition waste” means waste building materials and rubble resulting from construction, remodeling, repair, or demolition operations on houses, commercial buildings, structures, or pavements.

“Container” means city and collection agency approved metal, heavy duty paper, or plastic receptacles or carts used for storage or disposal of solid waste.

“Cover material” means soil or other material used to cover compacted solid waste, which is free of objects that hinder compaction and free of content conducive to vector harborage, feeding, or breeding.

“DEQ” means Utah Department of Environmental Quality.

“Disposal site” means any location, place, tract of land, or area, including any structure where solid waste is finally deposited.

“Dust” means any particulate matter capable of being suspended in air.

“Facility” means any structure, machinery, equipment, or recycling, reclamation, resource recovery, or processing facility, system, or process used in the storage, collection, transfer, incineration, pyrolization, consolidation, segregation, treatment, conversion, utilization, processing, classification, volume reduction, or disposal of solid waste.

“Garbage” means the animal and vegetable waste or food refuse resulting from handling, preparing, cooking, or consumption of food.

“Ground water” means water occurring in the zone of saturation in any aquifer or soil.

“Hazardous waste” means:

1. Any solid waste or combination of solid wastes that, because of its quantity, concentration, physical, chemical, or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or poses a substantial present or potential hazard to human health or the environment if improperly treated, stored, transported, disposed, or otherwise managed.

2. Any waste exempted or that does not meet the criteria as a hazardous waste under state or federal ordinances shall be exempted as a hazardous waste under this chapter.

“Household” means the association of persons who live in the same dwelling, sharing its furnishings, facilities, accommodations, and expenses.

“Illegal dumping” means discarding, trash, refuse, rubbish, or solid waste in an improper or illegal manner.

“Industrial waste” means any waste, either liquid, solid, or gas or any combination of these, resulting from any process of industry, manufacturing, trade, business, mining, agriculture, or the development of a natural resource.

“Inoperable vehicle” means any automobile, truck, motor home, or bus not currently registered and licensed in this state or another state, or in any of the following conditions that shall be considered unsightly or deleterious: dismantled; broken windows; flat or no tires; missing doors, fenders, hood, or trunk; won’t start; isn’t driveable; or any other condition that would result in the vehicle’s failure to pass state inspection.

“Junk” means any salvaged or scrap copper, brass, iron, steel, metal, rope, rags, batteries, paper, wood, trash, plastic, rubber, tires, waste, dismantled, wrecked, or inoperable motor vehicles or parts or other materials commonly designated as junk.

“Leachate” means liquid that has percolated through or drained from solid waste and contains extracted, dissolved, or suspended material.

“Litter” means any quantity of uncontainerized paper, metal, plastic, glass or miscellaneous solid waste.

“Littering” means the willful or negligent throwing, dropping, placing, depositing, or sweeping of solid waste on any premises other than in approved storage containers and sites.

“Mayor” means the mayor of Eagle Mountain City, Utah, or an authorized representative.

“Municipal solid waste” means household waste, commercial solid waste, and nonhazardous sludge.

“Nuisance” means unlawfully doing an act that annoys, injures, or endangers the comfort, repose, health, or safety of any person, or that renders a person insecure in life or the use of property.

“Open burning” means a fire whose products of combustion are emitted directly into the open air without passage through a stack or chimney.

“Open dump” means any disposal site that does not comply with this chapter.

“Operator” means a person who owns, leases, or manages a site or facility.

“Owner” means any person who, alone, jointly, or severally with others, has legal title to any premises, dwelling, or dwelling unit, with or without accompanying actual possession thereof; or has charge, care, or control of any premises, dwelling, or dwelling unit, as legal or equitable owner, agent of the owner, lessee, or is an executor, executrix, administrator, administratrix, trustee, or guardian of the estate of the owner.

“Person” means any individual, public or private corporation and its officers, partnership, association, firm, trustee, executor of an estate, the state or its departments, institution, bureau, agency, county, city, political subdivision, or any legal entity recognized by law.

“Pollution” means the condition caused by the presence in the environment of substance of such character and in such quantities that the quality of the environment is impaired or rendered offensive to live.

“Processing” means any method, system, or other treatment designed to change the physical form or chemical content of solid waste.

“Reclamation facility” means a facility where solid wastes are stored, dismantled, segregated, or reprocessed to recover salvageable materials for sale or re-use.

“Recycling” means the process by which recovered resources are transformed into new products in such a manner that the original products lose their identity.

“Recycling facility” means any place, plant, or equipment designed and operated to store, collect, redistribute, and return processed material to market.

“Refuse” means garbage, rubbish, and other discarded material.

“Residential solid waste” means refuse produced by or resulting from the normal activities of residential households, and excluding asphalt, concrete, dirt, rocks, or other similar materials not normally associated with day-to-day residential household activities. This definition is applicable to the solid waste from a building of four or less separate residential units.

“Residue” means all solids that remain after incineration, including grade siftings, ash, and fly ash.

“Rubbish” means all solid waste except garbage and hazardous waste, including, but not limited to, ashes, bedding, cardboard, paper, wood, cans, metal, glass, crockery, rubber, plastic, leather, rags, and yard trimmings.

“Salvaging” means the controlled removal of waste materials for utilization.

“Sanitary landfill” means a site where solid waste is disposed of using sanitary landfilling techniques.

“Scavenge” means the uncontrolled removal of solid wastes from a site or facility at any point in solid waste management.

“Site” means any place, tract of land, or facility used for the storage, collection, transfer, conversion, utilization, processing, treatment, incineration, pyrolization, handling, or disposal of solid waste.

“Sludge” means any solid, semisolid, or liquid waste having similar characteristics and effects, generated from municipal, commercial, industrial wastewater and water supply treatment plants, or air pollution control facilities.

“Solid waste” means garbage, junk, inoperable vehicles, refuse, trash, rubbish, residential solid waste, hazardous waste, special waste, industrial waste, construction and demolition waste, dead animals, manure or feces, sludge, liquid or semiliquid waste, asphalt other than that being used for hard surfacing, organic materials, and waste concrete or rock larger than 12 inches in diameter; other spent, useless, worthless, or discarded materials or materials stored or accumulated for the purpose of discarding; materials that have served their original intended purpose; or waste material resulting from industrial, manufacturing, mining, commercial, agricultural, residential, institutional, recreational, or community activities.

“Special waste” means those wastes that are not considered hazardous, but may require complex or special management due to characteristics such as high moisture content or bulk.

“Storage” means the actual or intended containment of solid or hazardous waste either on a temporary basis or for a period of years in such a manner as not to constitute disposal of the waste.

“Transfer station” means a facility where solid waste is transferred from collection to haulage vehicles for transportation to another facility or site.

“Trash” means materials including, but not limited to, garbage, construction or demolition debris, clothing, rags, yard trimmings, or other refuse resulting from the conducting of any business, trade, or industry.

“Used oil” means oil which has been refined from crude oil, used, and as a result of that use, contaminated by physical or chemical impurities.

“Used oil collector” means any person who has obtained from the state of Utah a permit allowing the collection of used oil for resale to oil refining facilities or disposal by other methods approved by law.

“Waste contractor” means a person engaged in the business of collecting, hauling, or transporting garbage, refuse, agricultural or hazardous waste, sewage, sludge, dead animals, bones, or other solid waste.

“Water table” means the upper surface of the zone of saturation, if unconfined by an impervious formation, and that can be referred to in terms of elevation. [Ord. O-25-2018 § 2 (Exh. A); Ord. O-06-2016 § 2 (Exh. A); Ord. O-08-2005 § 1 (Exh. 1 § 77-1-1)].

8.05.020 Purpose.

It is the purpose of this chapter to regulate the accumulation, storage, collection, transportation, processing, treatment, handling and disposal of solid wastes in a way that will protect and promote the public health, safety and welfare; prevent damage to property; prevent the spread of disease; prevent the creation of nuisances; and prevent air and water pollution. [Ord. O-08-2005 § 1 (Exh. 1 § 77-1-2)].

8.05.030 Jurisdiction of Eagle Mountain City.

To the extent permitted by Utah law, all solid waste management activities described in this chapter are subject to the direction and control of the city. [Ord. O-08-2005 § 1 (Exh. 1 § 77-1-3)].

8.05.040 Powers and duties.

The city, by the mayor or the mayor’s representative, shall be responsible for the administration of this chapter and any other powers vested in it by law and shall:

A. Require the submission of reports, plans and specifications for public or private facilities or sites as necessary to implement the provisions, requirements, and standards of this chapter.

B. Issue permits and charge fees as necessary to implement the provisions, requirements and standards of this chapter.

C. Make inspections of any facilities or sites and issue orders as necessary to implement the objectives and effect the purposes of this chapter.

D. Take samples and make analyses of any solid waste or require the sampling and analysis of any such materials.

E. Require and comment on any proposed contract or agreement between any district, city, county, governmental unit, or person for the handling, treatment, processing or disposal of any solid waste within the city.

F. Do any and all acts permitted by law that are necessary for the successful enforcement of this chapter. [Ord. O-08-2005 § 1 (Exh. 1 § 77-1-4)].

8.05.050 Scope.

It shall be unlawful for any person or entity to violate this chapter or any solid waste control rule or regulation promulgated by the city. [Ord. O-08-2005 § 1 (Exh. 1 § 77-1-5)].

Article II. Prohibited Acts, Emergency Orders and Condemnation

8.05.060 Prohibited acts.

Except as otherwise provided by law, it shall be unlawful for any person:

A. To dispose of any solid waste in any place except at a facility or site that has been approved by the city.

B. To deposit any solid waste upon any public or private property without the consent of the owner and approval of the city.

C. To construct, alter, operate or change the operating procedure of a site or facility without the corresponding permit or approval from the city.

D. To scavenge at a site.

E. To feed farm or domestic animals on an existing site, unless approved by the city.

F. To dispose of any solid waste in a way prohibited by any applicable laws.

G. To open burn, except as provided by law.

H. To create or operate an open dump.

I. To accumulate, litter, store, collect, transport, transfer, treat, process, utilize, reclaim, recover, recycle, consolidate, incinerate or dispose of any solid waste contrary to this chapter or orders of the city.

J. To create, cause or allow insect or rodent propagation, conditions for transmission of disease, any unsanitary condition, or any other safety or public health hazards.

K. To accumulate, litter, store, collect, transport, transfer, treat, process, utilize, reclaim, recover, recycle, incinerate or dispose of any solid waste in such a way that a nuisance is created.

L. To dispose of used oil, except through a used oil collector.

M. To discharge used oil into sewers, drainage systems, surface waters, ground waters or watercourses or deposit used oil on land, unless authorized under other provision of law.

N. To mix or commingle used oil with solid waste that is to be disposed of in landfills or otherwise by trash collection.

O. To apply used oil to road oiling, dust control, weed abatement or other similar uses that have the potential to release used oil into the environment.

P. To dispose of wet paint in violation of DEQ requirements and processes. [Ord. O-18-2021 § 2 (Exh. A); Ord. O-06-2016 § 2 (Exh. A); Ord. O-08-2005 § 1 (Exh. 1 § 77-2-1)].

8.05.070 Emergency orders.

Whenever the city finds that an emergency exists requiring immediate action to protect the public health, safety or well-being, the mayor may issue an order declaring the existence of an emergency and requiring that remedial action be taken. The order shall be effective immediately, but on application to the city the recipient of the order shall be granted a hearing within 48 hours before the mayor. On the basis of the hearing, and not more than 24 hours after adjournment of the hearing, the mayor shall revoke, modify or continue such order in effect. [Ord. O-08-2005 § 1 (Exh. 1 § 77-2-2)].

Article III. Permits and Bonds

8.05.080 Building permits required.

A properly authorized building permit will be required for the construction of any facility or site. No construction building permit for a facility or site shall be issued without approval from the city. [Ord. O-08-2005 § 1 (Exh. 1 § 77-3-1)].

8.05.090 Operational permit required.

No business license for the operation of a facility, site, or non-city waste contractor shall be issued except upon the presentation of a signed inspection report from the city indicating that all facilities, sites and vehicles to be used in handling solid waste have been inspected and approved by the city and an operational permit has been issued to the applicant for each vehicle to be used in such handling of solid waste. No person shall operate a facility or site without a corresponding valid operational permit from the city. [Ord. O-08-2005 § 1 (Exh. 1 § 77-3-2)].

8.05.100 Application requirements.

Application for approval to engage in the business of a waste contractor shall be in writing setting forth the plans, specifications, and reports as required in the applicable sections of this chapter. The city may prescribe the form on which the information required under this chapter shall be submitted. Applications shall be made within the following time periods:

A. For approval of a building permit for construction of a new facility, site or business: at least 60 calendar days prior to the start of construction.

B. For an operational permit to operate a new facility, site or business, prior to commencement of operation of the facility, site or business: 120 days prior to the commencement of work to construct the facility; or for an operational permit to operate an existing facility, site or business: no later than 180 calendar days after the effective date of the ordinance codified in this chapter. [Ord. O-08-2005 § 1 (Exh. 1 § 77-3-3)].

8.05.110 Reserved.

[Ord. O-08-2005 § 1 (Exh. 1 § 77-3-4)].

8.05.120 Permit not transferable.

No permit shall be transferable from one person to another, one site or facility to another, or one vehicle to another. [Ord. O-08-2005 § 1 (Exh. 1 § 77-3-5)].

8.05.130 Suspension or revocation.

Construction approval or any permit issued pursuant to this chapter may be denied, suspended or revoked by the city council for any of the following reasons:

A. Failure of the reports, plans or specifications to show that the facility or site will be constructed, operated or maintained in accordance with the requirements and standards of this chapter.

B. Submission of incorrect or false information in the application, reports, plans or specifications.

C. Failure to construct, operate or maintain the facility, site or vehicles in accordance with the application, reports, plans and specifications approved by the city and the state of Utah.

D. Operation of the facility, site or business in a way that causes or creates a nuisance or hazard to the public health, safety or welfare.

E. Violation of any ordinances, restrictions or requirements adopted by the city.

F. Violation of any condition upon which the permit was issued.

G. Failure to pay the permit fee or post the surety bond.

H. Failure to pay any deficiency in the required bond.

I. Failure of the owner or operator of a facility or site to permit or allow the city to conduct inspections to determine compliance with this chapter. [Ord. O-08-2005 § 1 (Exh. 1 § 77-3-6)].

8.05.140 Hearing.

If any permit is denied, suspended or revoked, the applicant may request a hearing within 10 calendar days of such action. The hearing shall be held before the city council within 10 calendar days after the request. Within 10 calendar days after the hearing, the city shall send written notice to all parties of the decision of the city council and the reasons therefor. [Ord. O-08-2005 § 1 (Exh. 1 § 77-3-7)].

Article IV. Accumulation and Storage of Waste

8.05.150 Accumulation prohibited.

It shall be unlawful for any person to accumulate, throw, discard, deposit, place, sweep, dump, conduct or allow any person to accumulate, throw, discard, deposit, place, sweep, dump or conduct any solid waste or litter into or upon any public place, private premises, street, road, alley, property abutting any alley, stream, well, spring, canal, ditch, gutter, lot or any other property or place, above or below ground level. [Ord. O-08-2005 § 1 (Exh. 1 § 77-4-1)].

8.05.160 Exceptions.

A. This article shall not apply to waste thrown, deposited or placed in containers meeting the requirements of this chapter and provided for the person’s use, or a facility or site approved by the city.

B. This article shall not apply to spreading of manure or other materials upon the land for fertilizing or conditioning the soil, provided a nuisance or health hazard is not created.

C. This article does not preclude solid waste from being temporarily accumulated for immediate removal, if approved by the city.

D. This article does not preclude the construction or operation of a compost pile, as provided in this article.

E. This article does not apply to junk and scrap metal accumulated on the premises of a business enterprise lawfully situated and licensed for the same, if a nuisance or health hazard is not created. [Ord. O-08-2005 § 1 (Exh. 1 § 77-4-2)].

8.05.170 Compost.

A person may keep or maintain compost on his property for home gardening if the following requirements are complied with:

A. The compost shall be located and maintained to prevent the spread of disease, the propagation or harborage of insects or rodents, the creation of any odor or nuisance, or any other condition that might affect the public health, safety or welfare.

B. The compost shall not be used or sold as a commercial product or used in any licensed business operation unless the requirements of approval, permits, and operation described in Articles III and VI of this chapter are complied with. [Ord. O-08-2005 § 1 (Exh. 1 § 77-4-3)].

8.05.180 Containers provided.

To facilitate proper disposal of litter by pedestrians and motorists, public establishments and institutions shall provide adequate containers that are emptied and maintained in good condition and meet the prescribed standards in this chapter. The requirements shall be applicable but not limited to fast food outlets, shopping centers, convenience stores, supermarkets, service stations, commercial parking lots, mobile canteens, motels, hospitals, schools and colleges. [Ord. O-08-2005 § 1 (Exh. 1 § 77-4-4)].

8.05.190 Construction and demolition projects.

It shall be unlawful for the owner, agent or contractor in charge of any construction or demolition project to cause, maintain, permit or allow to be caused, maintained or permitted the accumulation of any litter on the site before, during or after completion of the construction or demolition project.

A. It shall be the duty of the owner, agent, or contractor to have adequate containers on the site for the disposal of litter and to make appropriate arrangements for its collection or final disposition at an authorized facility.

B. It shall be unlawful for the owner, agent, or contractor in charge of any construction or demolition project or place to dispose of any waste from construction or demolition projects in any city-furnished bulky waste collection.

C. The owner, agent or contractor may be required by the city to show proof of appropriate collection, or if personally transported, of final disposition at an authorized facility. [Amended during 2008 codification; Ord. O-08-2005 § 1 (Exh. 1 § 77-4-5)].

8.05.200 Loading and unloading operations.

Any owner or occupant of an establishment or institution where litter is attendant to the packing or unpacking or loading or unloading of materials at exterior locations shall provide suitable containers for the disposal and storage of such litter. It shall be the duty of such owner or occupant to remove at the end of each working day any litter that has not been containerized at exterior locations. [Ord. O-08-2005 § 1 (Exh. 1 § 77-4-6)].

8.05.210 Sanitary storage of waste materials required.

The owner or occupant of any premises, residence, business establishment, institution, industry or creation area shall ensure that all solid waste generated by such premises or establishment is stored to prevent the attraction, harborage, or breeding of insects or rodents or both and eliminate conditions harmful to public health or that create safety hazards, odors or nuisances. [Ord. O-08-2005 § 1 (Exh. 1 § 77-4-7)].

8.05.220 Sufficient containers required.

Except as otherwise provided herein, each premises, residence, business establishment, institution, industry, construction or demolition project, or recreation area shall provide a sufficient number of containers meeting the requirements in EMMC 8.05.240 through 8.05.270, suitable for the type of material accumulated. The containers shall be sufficient to prevent overflowing and to accommodate all waste and litter accumulated between scheduled collections. [Ord. O-08-2005 § 1 (Exh. 1 § 77-4-8)].

8.05.230 Automated collection solid waste containers.

A. All dwellings and commercial units shall utilize the automated collecting solid waste containers furnished by city-licensed waste contractors when available.

B. It shall be unlawful to deface or otherwise damage automated solid waste collection containers. If such defacing or damage occurs, the owner or occupant shall be responsible for container replacement at the replacement cost determined by the city and/or contractor to be reasonable.

C. The city waste contractor may supply additional automated solid waste containers to dwelling and commercial units, upon written request, at the fees set forth in the consolidated fee schedule and for minimum time periods established by the city. [Ord. O-08-2005 § 1 (Exh. 1 § 77-4-9)].

8.05.240 Containers provided.

No waste contractor shall supply solid waste collection containers to customers that do not meet the requirements of this chapter. The name of the waste contractor shall be legibly written on the container in letters at least one inch high. [Ord. O-08-2005 § 1 (Exh. 1 § 77-4-10)].

8.05.250 Maintenance of containers.

If a waste contractor furnishes collection containers, the contractor shall be responsible for maintaining the containers in clean and good condition unless they are furnished under other terms, conditions or agreements. The waste contractor shall plan and work with the property owner or occupant or both for placement of the storage containers to minimize traffic and other problems on the property and for the general public. [Ord. O-08-2005 § 1 (Exh. 1 § 77-4-11)].

8.05.260 Loading of containers.

Automated collection solid waste containers shall not be packed tightly with solid waste such that the waste will not easily slide out of the container when emptied. Automated collection solid waste containers shall not be filled with residential solid waste weighing more than 200 pounds. [Ord. O-08-2005 § 1 (Exh. 1 § 77-4-12)].

8.05.270 Containers to be kept closed.

Containers shall be kept securely closed at all times except when placing waste in or emptying waste from the container. All containers, including nonreusable containers, shall be stored and securely closed to prevent insects, rodents and other animals from gaining access to the contents and to prevent littering. The city may exempt containers used for the storage of rubbish from the cover requirements of this section. [Ord. O-08-2005 § 1 (Exh. 1 § 77-4-13)].

8.05.280 Standards of storage containers.

Containers used for the storage of solid waste shall meet the following minimum requirements:

A. Reusable-type containers shall be:

1. Constructed of metal, plastic or rubber; durable; rust and corrosion resistant; watertight; and insect- and rodent-proof;

2. Kept clean and sanitary;

3. Outfitted with tight-fitting lids or covers;

4. Provided with handles or devices sufficiently strong and accessible that the container may be handled conveniently;

5. Constructed with wide necks and mouth and tapered sides to prevent clogging and littering, if the containers are emptied manually; and

6. Capable of being emptied without the collector coming into physical contact with the solid waste.

B. Nonreusable containers shall be constructed of reinforced weather-resistant kraft paper or plastic designed specifically for the storage and collection of solid waste and have holding strength capable of withstanding stress until after collection. Plastic bags used for the storage and collection of solid waste shall be a thickness of 2.0 mils or more.

C. Pasteboard boxes may be used for the storage and collection of waste material if the boxes can be easily handled and placed in the collection vehicle; weigh no more than 50 pounds (23 kilograms) when filled; are filled with dry waste; are dry when collected; and are tightly covered to prevent littering.

D. Wooden boxes, barrels and similar containers may be used if they have tight-fitting covers.

E. Other types of containers shall meet the requirements of this chapter and be approved by the city and collection agency. [Ord. O-08-2005 § 1 (Exh. 1 § 77-4-14)].

8.05.290 Storage of bulky waste.

Bulky waste, or waste too large or otherwise unsuitable for storage containers, shall be stored temporarily in a way that does not create a health hazard, nuisance, fire hazard, rodent harborage or litter. No person shall store or leave outside any unattended or discarded ice box, refrigerator, freezer, washer, dryer or other similar bulky waste without removing or sealing any door or latch attached thereto and otherwise preventing it from being a hazard to children. [Ord. O-08-2005 § 1 (Exh. 1 § 77-4-15)].

8.05.300 Storage of agricultural waste.

Agricultural waste shall be stored to prevent insect or rodent production or sustenance, conditions for transmission of disease to man or animals, water and air pollution, and to minimize odors and nuisance conditions. No person having charge of any stable, stall, shed, coop, apartment or yard where any animal is kept, or in any place where manure or liquid discharges of any animals accumulate or collect, shall permit such stable, stall, shed, coop, apartment or yard to be kept unclean or unsanitary. Manure stacks shall be constructed or established and maintained to prevent runoff and leachate from entering surface or ground water. [Ord. O-08-2005 § 1 (Exh. 1 § 77-4-16)].

8.05.310 Provision for new building site.

Before a building permit is issued for construction of a commercial building or multiple dwelling units, plans for the adequacy, location and accessibility of solid waste containerization and storage facilities shall be approved by the city. [Ord. O-08-2005 § 1 (Exh. 1 § 77-4-17)].

8.05.320 Storage rooms.

Storage houses, rooms or areas used to store solid waste shall be of rodent-proof construction, readily cleanable, and have proper drainage. Storage rooms or buildings not refrigerated shall be adequately vented and all openings screened to prevent entrance or egress of insects or rodents. Storage houses, rooms or areas used to store solid waste shall be kept in good repair, free from rodent or insect production, and any nuisance or unsanitary condition. [Ord. O-08-2005 § 1 (Exh. 1 § 77-4-18)].

8.05.330 Location of containers.

Solid waste and containers used for the storage of solid waste shall be stored at least three feet (0.91 meters) from the property line of another person and located in places convenient for authorized users. No container shall be placed where it creates a nuisance. Automated containers need to be placed five feet from any object including other containers with 14 feet clearance directly above the container. [Ord. O-08-2005 § 1 (Exh. 1 § 77-4-19)].

8.05.340 Unauthorized use of container.

No person shall tamper, modify, remove or deposit solid waste in any container that has not been provided for his use, without the permission of the container owner. No person shall deposit solid waste from any business, apartment house, multiple dwelling or public building in any receptacle for disposal of litter by pedestrians. [Ord. O-08-2005 § 1 (Exh. 1 § 77-4-20)].

Article V. Collection, Transportation and Storage

8.05.350 Solid waste collection fees.

The owner of every residential dwelling unit or multifamily dwelling unit shall be responsible and liable for the monthly charges enumerated in the Eagle Mountain City consolidated fee schedule for solid waste collection services. The charge for such services shall be billed on a periodic basis to each address of which the city has record. In those instances where the periodic utility bill is currently being sent to a tenant at the owner’s request, solid waste collection services may be similarly billed. [Ord. O-08-2005 § 1 (Exh. 1 § 77-5-1)].

8.05.360 Billing and delinquency.

A. The city shall cause billings for solid waste collection services to be rendered periodically at rates established in the consolidated fee schedule, in a manner approved by the city council.

B. Fees and charges levied in accordance herewith shall be a debt due to the city. Unless otherwise determined by the city council, if billed charges are not paid within 30 days after billing, they shall be deemed delinquent and shall be subject to recovery in a civil action for which the city may recover reasonable attorney’s fees and collection costs. [Ord. O-08-2005 § 1 (Exh. 1 § 77-5-2)].

8.05.370 Deposits required.

The city may require that all users of solid waste collection services who are not the owners of the premises pay to the city, for deposit with the city treasurer, an amount sufficient to cover the cost of solid waste collection services that may accumulate. The amount deposited shall not be less than two times any monthly or bimonthly bill for solid waste collections over the preceding year on such premises, but in no case shall the amount be less than $15.00. The city shall issue a receipt of deposit. The city treasurer shall refund the amount deposited to the holder; provided, that all solid waste bills and other charges have been paid. All bills for solid waste collection services must be paid promptly without reference to said deposit. Whenever any user of solid waste collection services has failed to pay for solid waste collection services rendered to such premises, the city may apply the money deposited, or any part thereof, to the payment of any such delinquent bills. [Ord. O-08-2005 § 1 (Exh. 1 § 77-5-3)].

8.05.380 Reserved.

[Ord. O-08-2005 § 1 (Exh. 1 § 77-5-4)].

8.05.390 Customer’s duties and liabilities.

The storage containers shall be in the possession and control of the customer. The customer shall be responsible for the cleanliness and safekeeping of the storage containers. The customer shall not make any alterations or improvements to the storage containers without the prior written consent of the waste contractor. Customer shall be responsible for loss or damage in excess of reasonable wear and tear. [Ord. O-08-2005 § 1 (Exh. 1 § 77-5-5)].

8.05.400 Approved collection and transportation required.

Solid waste shall be collected and transported by a waste contractor, issued a permit by the city, in order to prevent public health and safety hazards, unsanitary conditions and nuisances. [Ord. O-08-2005 § 1 (Exh. 1 § 77-5-6)].

8.05.410 Removal of waste by owner required.

All solid waste not collected and hauled by the city or its contracted agent in its regular waste collections shall be collected, hauled and disposed of by the owner, occupant or licensed waste contractor as required by this chapter. [Ord. O-08-2005 § 1 (Exh. 1 § 77-5-7)].

8.05.420 Frequency of collection.

Solid waste, except bulky waste, shall be removed from the storage containers on premises and disposed at least once a week. Waste of every kind shall be removed from commercial, industrial, institutional, residential and recreational properties as often as necessary to prevent a nuisance, overfilling of storage containers, rodent harborage, or the creation of a fire hazard or unsanitary conditions, and at minimum of once a week to prevent other adverse health or nuisance conditions. [Ord. O-08-2005 § 1 (Exh. 1 § 77-5-8)].

8.05.430 Placement of containers for collection.

The city may designate the time and place of solid waste collected and hauled by the city. Containers of solid waste shall not be set out upon the street prior to the evening of the day before scheduled collection and shall be set out before 7:00 a.m. on the scheduled collection day. All empty containers shall be removed from the street the same day they were emptied. [Ord. O-08-2005 § 1 (Exh. 1 § 77-5-9)].

8.05.440 Uncontained waste.

No person shall place or cause to be placed upon any street or alley for collection any loose paper, yard trimmings, or other solid waste. All such waste shall be properly contained, baled or securely tied before collection is made. [Ord. O-08-2005 § 1 (Exh. 1 § 77-5-10)].

8.05.450 Bulky waste collection.

The city may designate the time and place for collection of bulky waste. No bulky waste shall be placed on any curbside or roadside earlier than one day prior to the scheduled collection date. Bundles of small limbs, twigs, and shrubs too large for containers shall be securely tied before being placed for bulky waste collection. It shall be unlawful to place on any curbside or roadside any of the following materials: construction and demolition waste, commercial waste, car bodies, tires, used oil, batteries, hazardous materials, rocks, brick, broken concrete, or dirt. [Ord. O-08-2005 § 1 (Exh. 1 § 77-5-11)].

8.05.460 Burning or hot waste.

No person shall place smoking, smoldering or burning waste for collection and no collector or hauler shall provide service if waste materials show evidence of smoking, smoldering or burning. All waste in transit that must be dumped in an emergency due to smoking, smoldering or burning shall be cleaned up by the collector or hauler. The operator of the vehicle shall immediately notify the police and fire departments having jurisdiction. [Ord. O-08-2005 § 1 (Exh. 1 § 77-5-12)].

8.05.470 Spillage from container.

No person, waste contractor, or any employee of a governmental entity engaged in the collection and transportation of solid waste shall permit, allow or cause any solid waste to fall and remain on any property, place, building, premises, street, road or highway. If spillage occurs, the material shall be picked up immediately by the collector and returned to the vehicle or container and the area properly cleaned. If the waste was not properly contained pursuant to the requirements of this chapter, the waste shall be cleaned by the person responsible for the improper containerization of the waste. [Ord. O-08-2005 § 1 (Exh. 1 § 77-5-13)].

8.05.480 Transportation of waste material.

The waste collector shall be responsible for the satisfactory transportation of all solid waste to an approved site or facility. No person, waste contractor or any employee of a governmental entity engaged in waste collection and transportation shall:

A. Permit or allow any vehicle loaded with manure, slops, swill, refuse, solid waste, or any other type of waste material to remain standing upon any public street any longer than necessary for loading and transporting.

B. Haul, convey, or transport any manure, tree limbs, brush, clippings, solid waste, or any other type of waste material in any open truck, transfer vehicle, open trailer, or other open conveyances for a distance of five blocks or more without making a waste collection stop, unless covered completely or secured to prevent littering. The duties and responsibilities imposed by this section shall be applicable to both the owner of the vehicle and the operator.

C. Operate any vehicle used for the collection and transportation of solid waste in a way that the contents fall, leak or spill. If spillage occurs, the material shall be picked up immediately by the collector or transporter and returned to the vehicle and the area properly cleaned.

D. Convey, transport or haul any swill, sewage, sludge, fecal material or other similar solid waste except in a sanitary receptacle or vehicle especially constructed for that purpose and with a current permit from the city.

E. Carry or haul any sewage or contents of any grease trap between the hours of 11:00 p.m. and 5:00 a.m. from May 1st to October 30th and between the hours of 10:00 p.m. and 6:00 a.m. from November 1st to April 30th, unless authorized by the city. [Ord. O-08-2005 § 1 (Exh. 1 § 77-5-14)].

8.05.490 Unloading of waste material.

All solid waste material shall be unloaded only within a facility or site approved by the city and all unloading shall be done according to the requirements of the approved site and the city. Unless warranted by an emergency such as severe weather conditions, equipment breakdown, or accident, no solid waste shall be allowed to remain or be stored in any collection or hauling vehicle in excess of 24 hours. [Ord. O-08-2005 § 1 (Exh. 1 § 77-5-15)].

8.05.500 Inspection of vehicle.

Upon the delivery of a notice to comply with this section, vehicles used by waste contractors to haul or transport solid waste shall be inspected and approved by the city. Upon making application for the required permit or license or both, each vehicle used in such business shall be made available to the city for inspection. If the vehicle meets the requirements of EMMC 8.05.510 and is approved, the following documents shall be issued:

A. An inspection report signed by the mayor or representative stating that the vehicle identified by the report has passed inspection.

B. Two permit stickers that shall be placed on the vehicle by the mayor or representative to identify the vehicle as having been inspected for the current year. Such stickers shall not be removed, except by the city, so long as the vehicle is used for hauling.

C. A receipt showing payment of the permit fee. [Ord. O-08-2005 § 1 (Exh. 1 § 77-5-16)].

8.05.510 Vehicle requirements.

Each vehicle to be used by a waste contractor in the collection or transportation of solid waste shall meet the following requirements:

A. The vehicle body shall be clean, easily cleanable and in good condition and repair.

B. The body shall be metal-lined with steel and welded at all seams or constructed of other materials approved by the city.

C. The size capacity of the vehicle body or tank shall be certified by the manufacturer or a size certification company approved by the city.

D. The vehicle shall be easily loaded and emptied.

E. The tailgate or hopper of the vehicle shall be constructed so that the contents of the body will not spill or blow from the vehicle while in motion.

F. A heavy duty canvas or other acceptable heavy duty cover that is adequate in size to cover the open body of the vehicle shall accompany the vehicle.

G. The outside of the body shall be painted and identified by the name of the person or company owning the vehicle and the weight capacity of the truck body or tank in letters and numbers that are legible and at least three inches (seven and one-half centimeters) in height.

H. All equipment attached to a vehicle hauling liquid or hazardous waste, including, but not limited to, pumps, hoses, valves, and the containers or tanks or both used to contain the waste, shall be watertight and in good repair.

I. The vehicle shall comply with all applicable air pollution and noise control ordinances and regulations. [Ord. O-08-2005 § 1 (Exh. 1 § 77-5-17)].

8.05.520 Report required.

At the request of the city, a waste contractor or other person collecting and hauling solid waste shall report to the city the names and addresses of all places of business or persons where collection of solid waste is made and where such waste is hauled or deposited. The report shall be made as required by the city. [Ord. O-08-2005 § 1 (Exh. 1 § 77-5-18)].

8.05.530 Continuing compliance required.

A collection vehicle that fails to meet the requirements of this chapter shall be repaired or corrected within the time specified in the notice of violation. If the corrections are not made to the collection vehicle within the time specified in the notice of violation, its use shall be discontinued and the permit issued the owner of the vehicle shall be revoked pursuant to the revocation provision of EMMC 8.05.130. [Ord. O-08-2005 § 1 (Exh. 1 § 77-5-19)].

8.05.540 Equipment to be maintained.

All equipment used for the collection and transportation of solid waste shall be maintained in good condition and cleaned with a frequency and method determined by the city to prevent the propagation or attraction of flies, rodents or other vectors and prevent the creation of a nuisance. [Ord. O-08-2005 § 1 (Exh. 1 § 77-5-20)].

8.05.550 Transportation of only approved waste.

A vehicle shall be used to collect and transport only that type of solid waste for which it was approved when the permit was issued. [Ord. O-08-2005 § 1 (Exh. 1 § 77-5-21)].

Article VI. Notice of Violation – Enforcement – Appeal – Penalty

8.05.560 City to notify owners.

If the mayor or the mayor’s appointed representative has inspected any property and has found and determined that the property is in violation of this chapter or has reasonable grounds to believe that there has been a violation of any part of this chapter, a notice of violation or citation shall be issued to the owner or other responsible person. [Ord. O-08-2005 § 1 (Exh. 1 § 77-6-1)].

8.05.570 City to issue written notice of violations.

Prior to initiating a court complaint for the violation of this chapter, the mayor or representative shall issue a notice pursuant to EMMC 8.05.560 and shall:

A. Describe the property;

B. Give a statement of the cause for its issuance;

C. Set forth an outline of the remedial action that complies with the provisions of this chapter; and

D. Set a reasonable time for the performance of any required remedial act. [Ord. O-08-2005 § 1 (Exh. 1 § 77-6-2)].

8.05.580 City to serve notice.

The mayor or the mayor’s representative shall serve notice upon the owner of the property or other responsible person pursuant to EMMC 8.05.560 and 8.05.570. Service shall be deemed complete if the notice is served in one of the following ways:

A. Served in person;

B. Sent by certified mail to the last known address of the owner or other responsible person; or

C. Published in a newspaper of general circulation. [Ord. O-08-2005 § 1 (Exh. 1 § 77-6-3)].

8.05.590 City to ensure compliance.

It shall be the duty of the mayor or representative, upon the presentation of proper credentials, to make inspections of any property where solid waste is accumulated, stored, or where a facility or site is located or will be located as is necessary to ensure compliance with this chapter. [Ord. O-08-2005 § 1 (Exh. 1 § 77-6-4)].

8.05.600 Inspections made.

Inspections may be made with the consent of the owner of property or any lawful occupant over the age of 16. If consent is not granted, search may be made pursuant to an administrative search warrant issued by a court of competent jurisdiction. [Ord. O-08-2005 § 1 (Exh. 1 § 77-6-5)].

8.05.610 Report of inspections.

Owners may request a factual report of inspections. Upon request, the owner or other responsible person of any property shall receive a report setting forth all facts found that relate to the owner’s compliance status. [Ord. O-08-2005 § 1 (Exh. 1 § 77-6-6)].

8.05.620 Right to appeal.

Within 10 calendar days after the city has given a notice of violations, any person aggrieved by the notice may request in writing a hearing before the city. The hearing shall take place at a regularly scheduled council meeting after the city council notice is received. A written notice of the council’s final determination shall be given within 10 calendar days after adjournment of the hearing. The council may sustain, modify or reverse the action or order. [Ord. O-08-2005 § 1 (Exh. 1 § 77-6-7)].

8.05.630 Penalty.

Any person who is found guilty of violating any of the provisions of this chapter, either by failing to do those acts required herein, or by doing a prohibited act, is guilty of a Class B misdemeanor pursuant to Utah Code, and subject to fines in the consolidated fee schedule as adopted by the city council. [Ord. O-06-2016 § 2 (Exh. A); Ord. O-08-2005 § 1 (Exh. 1 § 77-6-8)].

8.05.640 Each day separate violation.

Each day such violation is committed or permitted to continue shall constitute a separate violation. [Ord. O-06-2016 § 2 (Exh. A); Ord. O-08-2005 § 1 (Exh. 1 § 77-6-9)].

8.05.650 Mayor may request legal action.

The city attorney or, if appropriate, the county attorney may initiate legal action, civil or criminal, requested by the mayor, to abate any condition that exists in violation of this chapter or other provisions of Utah law. [Ord. O-06-2016 § 2 (Exh. A); Ord. O-08-2005 § 1 (Exh. 1 § 77-6-10)].

8.05.660 Guilty persons liable for expenses.

In addition to other penalties imposed by a court of competent jurisdiction, any person found guilty of violating this chapter shall be liable for all expense incurred by the city in removing or abating any nuisance, source of filth, cause of sickness or infection, health hazard or sanitation violation. [Ord. O-06-2016 § 2 (Exh. A); Ord. O-08-2005 § 1 (Exh. 1 § 77-6-11)].

8.05.670 Fines.

The penalties associated with violations shall be consistent with the consolidated fee schedule adopted by the city council. [Ord. O-06-2016 § 2 (Exh. A)].