Chapter 8.05
SOLID WASTE DISPOSAL1
Sections:
8.05.020 Improper disposal of solid waste prohibited.
8.05.030 Accumulation of waste material prohibited – Exception.
8.05.040 City to remove solid waste.
8.05.050 Waste material to be made available for collection.
8.05.060 Collection containers.
8.05.070 Time and place of pickup.
8.05.080 Fees – To be set by council – Method of collection – Enforcement.
8.05.010 Intent.
The intent of this chapter shall be:
A. To prohibit the creation of nuisances or health hazards to the community and its residents as the result of the unsafe accumulation of garbage or other waste material or the improper disposal of such materials.
B. To prohibit the indiscriminate dumping of solid waste material except in established disposal sites which have been approved and are maintained in accordance with public health standards.
C. To encourage the efficient collection and disposal of solid waste material in a safe, sanitary manner. [Code 1988 § 12-5-1].
8.05.020 Improper disposal of solid waste prohibited.
It shall be unlawful for any person to dump or otherwise dispose of any solid waste material on any property within the city. It shall also be unlawful for any owner of land to allow such unlawful dumping or disposal of solid waste on property belonging to said owner. It shall be unlawful to burn any solid waste within the city’s corporate limits except as permitted by city ordinance and by rules and regulations of the fire department and State Board of Health. [Code 1988 § 12-5-2].
8.05.030 Accumulation of waste material prohibited – Exception.
It shall be unlawful for any person owning or occupying any premises to permit solid waste matter to collect or remain upon such premises except that the temporary accumulation of solid waste matter for subsequent disposal by the city, as provided in this chapter, shall be permitted, provided:
A. The period of accumulation shall not exceed two weeks.
B. All accumulated waste shall be placed in covered containers which conform with the provisions of HMC 8.05.060. [Code 1988 § 12-5-3].
8.05.040 City to remove solid waste.
The city, either by city department or contract with one or more licensed contractors, shall provide solid waste collection and disposal service to all producers of solid waste material within the city. It shall be presumed that all dwellings, commercial establishments and other producers of waste material are to utilize such removal service unless they shall have made application to and received authorization from the city council to remove and dispose of their own waste matter. [Code 1988 § 12-5-4.1].
8.05.050 Waste material to be made available for collection.
All persons having charge of or occupying any property in the city shall make all solid waste created or collected on said property available for collection and disposal on a regular basis in accordance with the terms of this chapter and with such other ordinances, rules and regulations as the city council shall make. It shall be unlawful to accumulate and/or place in a container for disposal pursuant to the provisions of this chapter any waste matter defined herein as hazardous waste. [Code 1988 § 12-5-4.2].
8.05.060 Collection containers.
The owner and/or occupant of any residence, commercial building or other premises where solid waste is produced shall provide containers sufficient in size to contain the solid waste matter which may accumulate between times of collection.
Individual collection containers shall be constructed of metal, rubber, or plastic and be manufactured for the purpose of receiving and holding solid waste on the premises between times of collection. They shall have tight fitting lids and handles sufficiently strong and accessible for convenient handling by workmen. No container shall have a capacity of more than 32 gallons and when filled shall exceed 70 pounds. Containers shall be easily cleanable and shall be kept clean and in a sanitary manner. No container should be worn out, broken, or have sharp or jagged edges.
Heavy duty plastic bags may be used as containers provided they are designed for the storage and collection of solid wastes and provided the bag is closed securely. However, cardboard boxes, cartons, drums, barrels, or paper sacks shall not be used as containers for collection.
In the case of multiple dwellings, commercial or industrial users, the city may approve the use of bulk disposal containers. Where so authorized bulk containers shall be so constructed as to be capable of being picked up and emptied by disposal vehicles designed for that purpose. Such containers shall be of a condition and state of repair to permit safe operation and shall be kept clean, neat and sanitary. Bulk containers shall be placed at locations, as specified by the city, which are readily accessible for emptying and will not constitute a nuisance or hazard. [Code 1988 § 12-5-4.3].
8.05.070 Time and place of pickup.
Individual containers shall be set out at the front curb line not earlier than the evening prior to the day of collection and shall be removed within 24 hours after collection. Ownership of the contents of such containers when placed out for collection shall vest in the city. The disposal of all solid waste shall be at an approved and designated solid waste facility and in accordance with the rules and regulations now and hereinafter established for said facility. [Code 1988 § 12-5-4.4].
8.05.080 Fees – To be set by council – Method of collection – Enforcement.
A schedule of fees shall be adopted by the city council for the collection and disposal of solid wastes, which schedule shall be filed with the city recorder and may be amended from time to time. Such charges shall apply to all residences, and to all commercial industrial and other premises where solid waste is produced whether or not the owner or occupants elect to utilize the service.
The fees hereinabove imposed shall be collected monthly as part of the customer utility billing and shall be paid by all persons who have the service available to them. Failure to pay fees will result in the discontinuance of utility services, including water, sewer, and garbage collection. [Code 1988 § 12-5-5].
8.05.090 Definitions.
For the purpose of this chapter the following terms, phrases, words, and their derivations shall have the meaning given herein.
“Disposal” means the discharge, deposit, injection, dumping, spilling, leaking, burning, or placing of any solid wastes or hazardous wastes into or on any land or water.
“Hazardous waste” means a solid waste, or combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious character, may pose a threat to human health, safety, or welfare, or to animal life, plant life, or property, when improperly treated, stored, transported, disposed of, or otherwise managed.
“Person” means an individual, family, trust, firm, joint stock company, corporation (including government corporation), partnership, association, state, municipality, commission, or political subdivision of the state, or any interstate body whether organized for profit or not.
“Solid waste” means any garbage, trash, refuse, sludge, or discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from residential, industrial, commercial, mining, or agricultural activities and from community activities but does not include solid or dissolved materials in domestic sewage or in irrigation return flows or discharge for which a permit is required under the Utah Code Annotated 1953, as amended.
“Solid waste facility” means any land, facility, or appurtenances thereto, used for the treatment or disposal of solid wastes, including hazardous wastes. [Code 1988 § 12-5-6].
8.05.100 Penalties.
Failure to comply with the provisions as set forth herein shall be deemed a nuisance and punishable as a class C misdemeanor. At the enforcement officer’s sole discretion, a violation of this chapter may be handled as a civil violation under HMC Title 11, a criminal violation as stated herein, or both. The civil penalty shall be $50.00 per day. [Ord. 2018-1. Code 1988 § 12-5-7].
Statutory Authority: Section 10-8-62, Utah Code Annotated 1953.