Chapter 8.05 SOLID WASTE MANAGEMENT

It is hereby declared to be the purpose of this chapter to establish a solid waste management district and to regulate the storage, collection, transport, processing, recovering, and disposal of solid waste in order to protect the public safety, health, welfare, and to enhance the environment of those who are residents of the district. [1974 solid waste ordinance § 2.]

8.05.030 District.

The district shall include that area which is contained within a five-mile radius from the center of the town of Manila, and which is contained in the county of Daggett, state of Utah. For the purpose of this chapter, the center of the town of Manila is defined as the intersection of those highways known as U-43 and U-44. [1974 solid waste ordinance § 3.]

8.05.040 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings given herein unless their use in the text of the chapter clearly demonstrates a different meaning:

“Abandoned vehicle” means a vehicle that is defined as abandoned by applicable state laws.

“Agricultural solid waste” means the solid waste that results from the rearing and slaughtering of animals and the processing of animal products and orchard and field crops.

“Bulky wastes” includes large items such as trees, branches, stumps, appliances, furniture, and other oversize waste whose large size precludes or complicates their handling by normal collection, processing or disposal methods.

“Collection” means the act of collecting waste at the place of generation by an approved collection agent.

“Commercial solid waste” includes waste originating from a commercial facility including but not limited to stores, business offices, warehouses, educational institutions and restaurants.

“Dead animals” means animals that have died from any cause except those slaughtered or killed for human consumption.

“Director” means the person duly qualified and appointed by the sanitation board who is responsible for the administrative management of this chapter.

“Disposal” means the orderly process of discarding useless or unwanted material.

“Dump” means a land site where solid waste is disposed of in a manner that does not protect the environment.

“Garbage” includes all kitchen and table waste and animal or vegetable waste that attends or results from the storage, preparation, cooking, or handling of foodstuffs.

“Generation” means the act or process of producing solid waste.

“Hazardous waste” means solid waste which is excessively toxic or poisonous, corrosive, irritating or sensitizing.

“Incineration” means the controlled process by which solid, liquid, or gaseous combustible waste is burned and changed into gases, and the residue produced contains little or no combustible material.

“Incinerator” means an engineered apparatus used to burn waste substances and in which all the factors of combustion – temperature, retention time, turbulence, and combustion air – can be controlled.

“Industrial waste” means solid waste which is excessively toxic or poisonous, corrosive, irritating or sensitizing, radioactive, biologically infectious, explosive or flammable, and all waste classified as hazardous or infectious by state and federal law.

“Inert waste” means noncombustible, nonhazardous solid waste that retains its physical and chemical structure under expected conditions of disposal, including resistance to biological or chemical attack.

“Institutional solid waste” means solid waste originating from educational, health care and research facilities.

“Landfill Class II,” as applied to the Manila landfill, means a municipal or commercial landfill under contract with a local government taking municipal waste generated within the boundaries of local government, and receiving, on a yearly average, 20 tons or less of solid waste per day.

“Municipality” means a public corporation, created by government for political purposes, and having subordinate and local powers of legislation.

“Natural resources” means materials which have useful physical or chemical properties which exist, unused, in nature.

“Person” means any individual, firm, association, copartnership, political subdivision, government agency, municipality, public or private corporation, or any other entity whatsoever.

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

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

“Putrescible wastes” include wastes that are capable of being decomposed by microorganisms with sufficient rapidity as to cause reasonable health concerns or nuisances because of odors, gases or other offensive conditions and include but are not limited to materials.

“Recovered resources” means materials which still have useful physical or chemical properties after serving a specific purpose and can, therefore, be reused or recycled for the same or other purposes.

“Recovery” means the process of obtaining material or energy resources from solid waste.

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

“Refuse” includes garbage and rubbish.

“Rendering” means a process of recovering fatty substances from animal parts by heat treatment, extraction, and distillation.

“Reprocessing” means the action of changing the condition of a secondary material.

“Residence” or “residential” shall mean of, from, or pertaining to any property or premises containing a structure which is used for human habitation. It shall include, but shall not be limited to, single homes, mobile homes, townhouses, condominiums and apartments. Each unit shall be considered a separate residence for collection purposes.

“Residential waste” includes garbage, rubbish and all types of usual domestic wastes associated with or which originate in residential dwellings.

“Reuse” means the reintroduction of a commodity into an economic stream without any change.

“Rubbish” includes nonputrescible solid waste such as ashes, paper, cardboard, tin cans, wood, glass, bedding, crockery, plastics, rubber byproducts, small appliances or litter.

“Salvage” means the utilization of waste materials.

“Sanitary landfill” means a disposal site employing an engineered method of disposing of solid waste in a manner that minimizes environmental hazards by spreading, compacting to the smallest practical volume, and applying cover material over all exposed solid wastes as required by rules and regulations.

“Sanitary landfilling” means an engineered method of disposing of solid waste on land in a manner that protects the environment by spreading the waste in thin layers, compacting it to the smallest practical volume and covering it with soil.

“Sanitation board” means the board charged with the administrative management of this chapter.

“Scavenging” means the uncontrolled removal of materials at any point in the solid waste management process.

“Scrap” means discarded or rejected material or parts of material that are suitable for reprocessing or recycling.

“Secondary material” means a material that is utilized in place of a primary or raw material in manufacturing a product.

“Solid waste” includes all putrescible and nonputrescible solid and semi-solid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable, or animal solid or semi-solid waste, and shall include other discarded material classified as solid waste by state and federal law or regulation.

“Solid waste management” means the purposeful, systematic control of the generation, storage, collection, transport, separation, processing, recovery and disposal of solid waste.

“Storage” means the interim containment of solid waste, in an approved manner, after generation and prior to ultimate disposal.

“Transport” means the movement of solid waste subsequent to collection. [Ord. 4-12-01 § 7; 1974 solid waste ordinance § 4.]

8.05.050 Sanitation board.

The sanitation board (“board”) shall be responsible for the administrative management of this chapter and the rules and regulations authorized herein. The board shall consist of one Daggett County commissioner, one trustee of the town of Manila and three members at large. The at-large members of the board may either be residents of the town of Manila or of Daggett County. The three at-large members shall be selected by the other two members of the board and approved by the Daggett County commission and the Manila town council. [1974 solid waste ordinance § 5.]

8.05.060 Term of office.

The term of office of the members of the board shall be four years. In order to perpetuate the continuity of the policies and management of the board, the terms of office shall be staggered as follows:

A. The original term of office for the three at-large members shall be for two years. Thereafter the term for each successor member at large shall be for four years.

B. The original term of office for the other two members of the board shall be for four years or until his elected term of office expires, in which case, his elected successor shall serve the unexpired portion of his term on the board.

C. Nothing herein shall be construed as meaning that any member of the board cannot serve for more than one term or that any member may not be reappointed to serve successive terms on the board. [1974 solid waste ordinance § 6.]

8.05.070 Chairman of the board.

The board shall select one of its members to serve as chairman. He shall serve for two years and shall be responsible for presiding over the regular meetings of the board, calling special meetings and all other executive functions which are incidental to the conducting of the business of the board. [1974 solid waste ordinance § 7.]

8.05.080 Secretary.

The board shall designate one of their number to act as secretary for a term of two years and he shall be responsible for keeping minutes and records of all of the meetings of the board and any other activities of the board as may be required. [1974 solid waste ordinance § 8.]

8.05.090 Meetings of the board.

The board shall meet at least once each month at a time and place agreed upon by the board and at any other times and places as shall be determined necessary by the chairman and pursuant to five-day notice of the same. Such notice may be waived in writing or otherwise by the members of the board at any meeting called by the chairman. [1974 solid waste ordinance § 9.]

8.05.100 Quorum and voting requirements.

Three members of the board shall constitute a quorum for conducting the business of the board and all matters decided by the board shall be determined by majority vote. [1974 solid waste ordinance § 10.]

8.05.110 Compensation of the board.

Each member of the board shall be compensated at the rate of $4.00 for each meeting he attends. [1974 solid waste ordinance § 11.]

8.05.120 Powers and duties of the board.

A. Sanitation Department. The board may create a sanitation department and employ whatever personnel are needed therein for the purpose of putting into effect the policies of this chapter. The board is also granted the option to license a private contractor as set forth hereinafter for the purpose of putting into effect the policies of this chapter.

B. Director. If the board creates a sanitation department, they shall designate one member of said department to be the director thereof. He may not be a member of the board, but may perform any of the duties of the department. He shall be salaried at a rate determined by the board and may be terminated with or without cause by the board upon two weeks’ notice. He shall be responsible for supervising and managing the business of the department and implementing whatever rules and regulations are necessary for that purpose under the direction of the board.

C. The board shall survey the solid waste management practices within the district and prepare a solid waste management plan to be compatible with the state plan, showing therein all present management activities and recommend management activities for future use, taking into consideration population growth, solid waste generation, land development regulations and overall system management including organizational, financing and regulatory capabilities. The plan shall provide 10- and 20-year qualitative and quantitative projections of solid waste expected to be generated within the district from residential, commercial, industrial and agricultural sources and shall be submitted to the state for review and approval. The plan developed must be designed to be operational and when implemented must be an environmentally acceptable and economically efficient solid waste management system.

D. Solid Waste Management System. The board or subcontractor shall provide for a solid waste management system consistent with the solid waste management plan, consisting of storage, collection, transport, processing, separation, recovery, and disposal through public ownership, or through exclusive agreement with one or more persons for a part or all of such solid waste system, or may, through the permits allowed herein, authorize any person to manage the solid waste which he generates pursuant to the terms of this chapter.

E. Permits. The board or director is hereby authorized to issue permits for all elements of solid waste management. All such permits shall be nontransferable, shall be for a term of one year and shall be subject to the fees set forth herein. All permits so issued shall be conditioned upon observance of the laws of the state, the ordinances of Daggett County and the town of Manila and the rules and regulations authorized herein.

F. Contracts. All contracts entered into by the board under this chapter shall meet the following minimum requirements:

1. Be with the consent of the board of county commissioners of Daggett County and the town council of Manila.

2. Receive the prior approval of legal counsel for Daggett County and the town of Manila.

3. Meet all other requirements as shall be set forth by the state and as shall be contained in instructions to bidders or other necessary qualifications, as required by the contemplated work.

G. Exclusive Service. All generators of solid waste, other than those operating under permits as authorized herein, shall use the services of the municipality or contractor for the disposal of the solid waste which is generated. [1974 solid waste ordinance § 12.]

8.05.130 Permits for management of solid waste.

A. Permit for Storage, Transportation, Processing, and Disposal of Solid Waste by Generator Thereof. The board or director shall prepare application forms for all such permits, requiring the following information:

1. The name and address of the applicant, showing its legal identity (corporation, partnership, association, etc.).

2. The business address of the applicant.

3. The types of waste to be covered by the permit.

4. The methods of storage, transport processing and disposal.

5. Proof of all insurance required by this chapter, including state financial responsibility limits for motor vehicles, etc.

6. The route or routes to be used in transporting and schedules used.

7. The location and type of processing and/or disposal contemplated.

8. Such other information as may be reasonably required for the protection of the public health and the environment.

B. Permit for Solid Waste Collection. The board or director shall prepare application forms for all such permits, requiring the following information:

1. Name and address of applicant, showing its legal identity (individual, partnership, corporation, etc.).

2. The business address of the applicant.

3. The identity of the nonresidential customers using the collection service and all storage permit numbers of the same. If residential collection, the area served, hours of collection and type of collection service to be provided.

4. The routes used for the movement of all solid waste between collection and further management.

5. An inventory of all motorized equipment to be used in such collection, including all permits required by law.

6. Proof of all insurance required by this chapter.

7. All other information reasonably required by the director to fulfill the intent of this chapter.

C. Permit to Transport Solid Waste. The board or the director is hereby authorized to prepare application forms to transport solid waste originating outside the district by any method not covered by other provision of this chapter requiring the following information:

1. The name and business address of the applicant (individual, partnership, corporation, etc.).

2. The methods of transport, unit volume, schedule of movement routes used and the identity of the persons in the next management step.

3. All other information reasonably required by the board or the director to fulfill the intent of this chapter.

D. Permit to Locate and Operate a Sanitary Landfill. The board or director is hereby authorized to prepare application forms for permits to locate and operate a sanitary landfill requiring the following information:

1. The name and address of the applicant, showing its legal identity (individual, partnership, corporation, etc.).

2. The full legal description of each site including the name and address of each owner of record. If not owned by the applicant, documentary proof of the right to use the site, with the site plans which conform to the requirements of this chapter.

3. Clear evidence of approval by all other regulatory agencies.

4. The engineering design reports, prepared by an engineer licensed to practice that profession in this state, including but not limited to the following:

a. Hydrology and climatology.

b. Soil and geology.

c. Site improvements.

d. Volume requirements.

e. Control of leachate and gas movement.

f. Surface and ground water protection.

g. Complete use.

5. Operational plan which shall include, but not be limited to:

a. Hours of operation.

b. Classification of waste.

c. Anticipated volume and weight of waste.

d. Hazardous waste handling.

e. Equipment to be utilized.

f. Landfilling methods.

6. All other information reasonably required by the board or director to fulfill the intent of this chapter.

E. Permit to Locate and Operate a Resource Recovery Facility. The board or director is hereby authorized to prepare application forms for permits to locate and operate facilities to recover material or energy resources from solid waste within this municipality, requiring the following information:

1. The name and business of the applicant.

2. Clear evidence of approval by all other regulatory agencies.

3. A full legal description of each site, including the owner of record, if nonowned, documentary proof of the right to use each site, with appropriate site plans.

4. An operational plan, including the classification, volume and weight of solid waste to be delivered, the materials to be recovered, anticipated volume and weight of nonrecoverable residue and hours of operation.

5. The method of transporting the residue from the recovery facility, the destination and identity of the carriers involved.

6. Certificates of all insurance required by this chapter.

7. All other information reasonably required by the board or director to fulfill the intent of this chapter.

F. Denial of Permits. The board or director is hereby authorized to deny any permits if the application therefor does not clearly show that there is a need for the same and that the applicant will render services or operate the facility without health hazard or adverse effects on the environment. If the application is denied, the applicant shall be notified in writing, stating therein the reasons for the denial. Nothing in this section shall prevent any applicant from reapplying after the rejection of his application, provided the requirements of this chapter are met.

G. Suspension or Revocation of Permits. The board or director shall cite all permit holders who fail to correct violations of the terms of this chapter, or the rules and regulations authorized herein within the time specified in the notice to appear before the board or director at a designated time and show cause why said permit should not be suspended or revoked.

H. Hearings. The board or the director or his representative or any person who charges the violation shall appear and present evidence of the violation charged. The permit holders cited may appear in person or through counsel and shall have the opportunity of cross-examining any witnesses called against him and may present evidence in his own behalf.

I. Opinion. The board shall decide the issues of the alleged permit violation and shall within 15 days of the conclusion of the hearing render an opinion in writing, in which opinion the board may suspend or revoke the permit or permits involved in the hearing.

J. Nonexclusive Remedy. The suspension or revocation of a permit shall not preclude the exercise of any other remedy which may be appropriate under this chapter.

K. Display of Permit Numbers. All motor vehicles operating under any permit required by this chapter shall display the permit number or numbers in a method and manner as prescribed by the board or the director. [1974 solid waste ordinance § 13.]

8.05.140 Powers and duties of the director.

If the board creates a sanitation department and chooses a director, his powers and duties shall be as follows:

A. The director shall adopt, revise, revoke and enforce rules and regulations governing the health, safety, welfare, and environmental aspects of solid waste management within the district under the direction of the sanitation board.

B. Inspections. In order to ensure compliance with the laws of this state, this chapter and the rules and regulations authorized herein, the director is authorized to inspect at reasonable times all phases of solid waste management within the district.

C. Notices. In all instances where such inspections reveal violations of this chapter, the rules and regulations governing solid waste management, or the laws of this state, the director shall issue written notices for each such violation, stating therein the violation or violations found, the date and time of such violation and the corrective measures to be taken, together with a time in which such correction shall be made, or cite the person to appear before the sanitation board as set forth in MMC 8.05.130(G). All such notices and citations shall be kept in a clearly marked file and shall be available for public inspection during regular business hours.

D. Injunction. In all cases where the violation of this chapter or the rules and regulations authorized herein or the laws of this state create an immediate threat to the safety, health, welfare or environment of the residents of the district, the director shall cite the violator, stating therein the necessary corrective measures to be taken, and shall order the same to begin forthwith. If such corrective measures are not taken forthwith, the director shall notify the sanitation board, which shall take steps immediately to obtain a court injunction prohibiting further violations as shown in the notice. The provisions of this section shall be in addition to and not in substitution of any other section or sections. [1974 solid waste ordinance § 14.]

8.05.150 Time and frequency of collection.

All solid waste shall be collected on a regular schedule to be determined by the director or the board. [1974 solid waste ordinance § 15.]

8.05.160 Regulations for packaging and time schedules.

A. Packaging – Limitation: two plastic bags or cardboard boxes securely tied and weighing not more than 70 pounds each. All trash hauled to the sanitary landfill shall be of such nature that it cannot escape the carrying vehicle and cause litter. If it is not of this nature it should be well covered and secured so that it cannot cause litter.

B. The sanitary landfill will be open from 9:00 a.m. until 12:00 p.m. on each Saturday. The time for opening the landfill may be changed by the vote of the board if necessary and the customers shall be notified.

The rate of charging, manner of packaging, time schedule, and other necessary changes may be made by the town council upon a resolution to this effect when it should become necessary. [Ord. 4-14-77 § II.]

8.05.170 Storage.

A. Residential. The owners of all residential units shall provide approved containers with sufficient volume to store all residential solid waste generated in such unit between collection periods.

B. Nonresidential. All occupants of nonresidential premises shall provide a sufficient number of approved containers of solid waste which they generate and shall place all such solid waste therein other than those wastes which do not require containerized storage, which shall be stored as authorized by the rules and regulations approved by the board and the director. [1974 solid waste ordinance § 16.]

8.05.180 Containers.

A. Sanitation. The owners of all reuseable approved containers shall maintain them and the adjacent area in a nuisance- and odor-free condition.

B. Defective Containers. All reuseable containers incapable of meeting the definition of approved containers shall be considered waste and shall be placed in the collection vehicle by the collectors.

C. Residential Container Location Prior to Collection. All residential solid waste containers shall be placed in an appropriate place near the street not more than 24 hours before collection. All reuseable containers shall be removed from said location 24 hours after collection. [1974 solid waste ordinance § 17.]

8.05.190 Noncontainerized waste.

Nonbulky wastes which do not provide food or harborage for insects and rodents may be placed for collection, provided they are secured to prevent littering and do not exceed 80 pounds in weight. [1974 solid waste ordinance § 18.]

8.05.200 Bulky waste.

All bulky items shall be stored within the residence of the owner. The director or the board shall be notified by each resident of the type and location of the items of bulky waste to be collected and shall make same available for pickup on the date scheduled by the director or the board. [1974 solid waste ordinance § 19.]

8.05.210 Fees – Generally.

A. Establishment and Payment. The board or the director shall establish such fees for solid waste collection as are necessary to meet all costs of operating and maintaining the solid waste management system. All such fees, including subsequent revisions thereof, shall be paid by the owner of record of the property served, or any other person, business, or firm served, and shall be paid to the order of Daggett County on a quarterly basis. The board or the director is specifically authorized to set fees on a differential basis taking into consideration the difference between commercial, residential, agricultural and seasonal use.

B. Delinquencies. All unpaid fees shall become delinquent upon the expiration of the time specified and shall bear interest at the rate of eight percent per annum until paid.

C. The board or director is authorized to use any legal method for the purpose of collecting all delinquent fees.

D. All uncollected fees, after judgment, shall be placed on the records of Daggett County as any other judgment lien, and shall be released only as paid.

E. Fee Increase. No fees authorized in this chapter shall be increased until the board or director has held one public hearing thereon. No hearing shall be held before one notice thereof has been published in a newspaper of general circulation within the county. There shall not be less than 15 days’ nor more than 30 days’ lapse between such publication and hearing.

F. Hearings. The chairman of the board or director shall preside at all hearings concerning fee increases and shall open and close the hearing. Any system user or permit holder present and wishing to be heard shall be recognized by the chairman or director, who shall give the user or permit holder the opportunity to make a concise statement presenting his views. [1974 solid waste ordinance § 20.]

8.05.220 Charges.

A. 1. The monthly charge for Manila curbside household waste pickup fee shall be increased by $2.00 for a total amount of $12.00. The weekly schedule will remain the same with consideration for holiday or other necessary adjustments. The established landfill-opening schedule will retain the same dates and times.

2. All residential service accounts in Manila are obligated to pay the curbside household waste pickup fee each calendar month or be subject to have the delinquent account considered for collective remediation.

B. The fee of $7.00 for entry and deposit of waste on days the landfill is open will be adjusted to apply to all persons desiring to deposit waste in the landfill regardless of place of residence. The $3.00 fee for town residents will no longer be applicable. All fee schedules at the landfill with respect to specific load sizes, weights, and special landfill opening will remain the same.

C. The adjusted fee for weekly curbside residential pickup will allow for individual household waste to be expanded to five trash bags. This is an increase of one trash bag per weekly pickup without additional fee. Each bag above the five will be charged the established $2.00. All established restrictions and guidelines for acceptable waste for weekly residential pickup and deposit at the landfill will remain in effect.

D. All businesses will be charged $4.00 at the landfill. If any business desires to have garbage collected, they may make arrangements with the garbage collector for this service.

E. All garbage must be disposed of at the sanitary landfill by either the garbage collector or the owner of the garbage. Persons disposing of garbage elsewhere shall be deemed guilty of a misdemeanor. [Ord. 8-15-12 §§ 5, 6; Res. 2-14-02 §§ 1 – 3; Ord. 4-14-77 § I.]

8.05.225 Garbage rate fee schedule.

A. Garbage Fee Schedule. The following garbage fee schedule is hereby adopted and required payable by all residents.

B. Charges for Service.


Each residence (includes summer people) year-round	$5.00
At Dumpsite:
All Dumping Will Be Charged at the Following Rate:
Pickup load	$7.00
Pickup load heaping or with racks	$10.00
Small trailer load	$7.00
Small trailer load heaping or with racks	$10.00
Double trailer (i.e., horse trailer)	$12.00

There will be an additional charge for any garbage not deemed household.

Landfill passes will be issued to town residents at a reduced rate. The pass will be revoked with improper use. [Ord. 8-15-12 § 6; Res. 6-96 §§ 1, 2.]

8.05.230 Insurance.

A. Performance Bonds. All contractors who manage solid waste within this municipality shall furnish performance bonds conditioned upon the faithful performance of their agreements. All such bonds shall be written by an insurance company licensed to transact business in this state and shall be for a sum not less than half of the annual sum paid to each such contractor. No such bond shall exceed 100 percent of the annual contract payment to each contractor. Each performance bond shall be for a period equal to the initial contract term or any extension thereof.

B. Payment Bonds. Each contractor referred to above shall, not less than 10 days after the execution of each contract, deliver to the board or director proof of a payment bond executed by a surety company licensed to transact business in this state, guaranteeing payment of wages to all employees of the contractor and the cost of all supplies, materials and insurance premiums required in fulfilling each contract.

C. Liability Insurance. All contractors and permit holders under the provisions of this chapter shall furnish proof to the board or director of liability insurance covering all aspects of their activities under this chapter. No personal insurance policies shall be for less than $100,000 per person or $300,000 per accident. No property damage policy shall be for less than $50,000 per accident. All policies required under this chapter shall have a minimal cancellation period of not less than 15 days after receipt in writing of the notice of cancellation by the board or the director. [1974 solid waste ordinance § 21.]

8.05.240 Permit renewal.

Any permit holder desiring to renew an existing permit shall complete and submit to the board or the director an application therefor not more than 30 days nor less than 15 days before the expiration date thereof and shall tender with each application form such permit fees as are hereinbelow required:

A. Self-management fees;

B. Collection fees;

C. Transportation fees;

D. Sanitary landfill fees. [1974 solid waste ordinance § 22.]

8.05.250 Appeals.

Any person who feels aggrieved by any action of the director or the board may, within 30 days of the act for which redress is sought, appeal to the legislative body of his municipality (board of county commissioners for residents of the county area or board of trustees for residents of the town of Manila) in writing, setting forth in a concise statement the act being appealed and the ground for its reversal. The legislative body shall, within 30 days following the receipt of each written appeal, schedule a hearing date and notify the appellant and the board or director in writing of the date and time of the scheduled hearing. The appellant may appear on his own behalf or through counsel and may present his witnesses. The board or director may present rebuttal testimony and witnesses.

The legislative body shall within 15 days of the hearing notify the board or the director of its decision and recommendations and shall forward one copy to the appellant. [1974 solid waste ordinance § 23.]

8.05.260 Title to waste.

In the absence of an agreement to the contrary, title to the solid waste shall vest in the owner of each management activity or facility in which the solid waste is placed. [1974 solid waste ordinance § 24.]

8.05.270 Prohibited activities.

A. Disposal of Solid Waste. It shall be unlawful for any person to dump, deposit or allow to be placed any solid waste in any place within the town of Manila unless specifically authorized to do so by the Manila town council, State of Utah Department of Environmental Quality, or the tri-county health department, as applicable. Disposal of solid waste shall be accomplished in the Manila landfill or other state of Utah recognized landfill.

B. Public Nuisance. Waste is regulated as a public nuisance in the following manner. It is unlawful for any person to allow garbage, trash, dead animals, refuse, animal or vegetable matter or other putrescible waste to accumulate upon premises under their control or fail to remove the same within 24 hours or such greater time as may be allowed after notification from the town of Manila or the tri-county health department.

C. Burning. It is unlawful for any person to burn any trash, refuse, garbage, or other solid waste except as authorized and permitted by the town of Manila, subject to air quality rules and regulations, and other applicable rules and regulations as may be imposed by fire safety agencies.

D. Nuisances Enumerated. Nuisances applicable under this chapter are designated as but not limited to the following:

1. Whatever impairs the reasonable and lawful use of property.

2. Whatever unreasonably or unlawfully affects the health or safety of one or more persons.

3. Anything which unreasonably or unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous for passage, any public or private street, highway, sidewalk, stream, ditch or drainageway.

4. Noxious weeds, or weeds more than 12 inches in height or within 30 feet of a structure or weeds in any other location which constitute an unreasonable fire hazard.

5. Any building or structure which is unfit for human habitation, or which is an unreasonable hazard to the health of people residing in the vicinity thereof, or which represents an unreasonable fire hazard in the vicinity where it is located.

6. Any accumulation of rubbish, trash, junk, or abandoned material which creates a health hazard to those living in the vicinity where located. An accumulation of rubbish, trash, junk, or abandoned material which is contrary to the expectation of community standards.

7. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of the town of Manila planning and zoning ordinances or other state or federal rules or regulations as applicable.

E. Compliance. Nothing in this section is intended, or shall be construed, to exempt any person from complying with all applicable state and federal laws and regulations regarding generation, storage, collection, transportation, processing or disposing of solid and hazardous wastes.

F. Dead Animals. It shall be unlawful to place any dead animal, or parts thereof, in a container for normal collection without the consent of the director or the board; provided, however, this section shall not apply to animal parts from food preparations for human consumption.

G. Littering. It shall be unlawful to place, or allow to be placed, any solid waste upon the roads, streets, public or private property within this municipality contrary to the provisions of this chapter.

H. Acts Contrary to Chapter. It shall be unlawful to store, collect, transport, transfer, recover, incinerate, or dispose of any solid waste within the boundary of this district contrary to the provisions of this chapter.

I. Vehicle Construction. It shall be unlawful to transport any solid waste in any vehicle which permits the contents to blow, sift, leak, or fall therefrom.

J. No Interference with Authorized Solid Waste Management. It shall be unlawful for any person to interfere with any employee of the sanitation department or any employee of a contractor while in performance of their duty as authorized by this chapter.

K. Scavaging Prohibited. It shall be unlawful for any person to scavenge any solid waste within the boundaries of this municipality.

L. False Information. It shall be unlawful for any person to make any false statement in any application required by this chapter.

M. Dumps Prohibited. It shall be unlawful for any person to use or operate a dump.

N. Illegal Use of Permit Number. It shall be unlawful to display any permit number unless the person displaying such number or numbers holds a valid permit or permits therefor.

O. Hazardous Waste. No person shall place any hazardous waste in any container for collection, transport, processing or disposal until the director or the board has approved the method of storage, transport, processing and/or disposal. [Ord. 4-12-01 §§ 2 – 6; 1974 solid waste ordinance § 25.]

8.05.280 Violation, enforcement and penalties.

A. Enforcement. All violations set forth in this chapter may be declared to be a public nuisance. Knowing and intentional violations shall be charged with violation of a Class C misdemeanor or assessed a civil penalty. Each day any violation is committed or continued shall be a separate offense.

B. Clearing of Solid Waste or Declared Nuisance by Manila. If solid waste or a declared public nuisance is not removed in a timely manner, enforcement of this chapter may be as follows:

1. Notice to remove will be initiated with the owner, or agent of such owner, of any open, vacant, or occupied private property within the town of Manila to properly dispose of solid waste or declared public nuisance located on such owner’s private property which is dangerous to public health, safety or welfare. Such notice shall be by certified mail, addressed to said owner at his last known address as shown on the Daggett County tax assessment rolls.

2. Action upon noncompliance, failure, neglect, or refusal of any owner or agent so notified to properly dispose of solid waste or a declared nuisance dangerous to the public health, safety or welfare within 30 days after written notice provided for in subsection (B)(1) of this section, or within 30 days after date of such notice in the event the same is returned undelivered, may cause the town of Manila to order its disposal.

3. Assessment for Costs – Lien Payment. The cost of abating a nuisance as defined herein and after the opportunity is provided for a hearing thereon may be a special assessment against the land on which such abatement was done and may constitute a lien against the land on which such abatement was performed. This lien shall be imposed in addition to other applicable penalties as provided by this chapter.

C. Civil penalties as outlined in MMC 1.15.010 are applicable to violations of this chapter. These civil penalties shall be applied in addition to all other penalties. Civil penalties are applicable as follows:

1. Any person using land located within the boundaries of Manila in violation of the planning and zoning, business, or solid waste and nuisance ordinances of said town is declared to be engaging in the unauthorized use of land.

2. Any person engaging in the unauthorized use of land shall be liable for a civil penalty. Any civil penalty assessed may be in addition to such other penalties as may be provided by the ordinances of Manila Town, or the statutes of the state of Utah.

3. Each day a person engages in the unauthorized use of land within the town of Manila constitutes a separate offense and shall be subject to a separate offense and shall be subject to a separate and additional penalty for each day a violation continues.

4. The civil penalty for each day’s violation of this chapter shall be imposed as follows: solid waste and nuisance: $100.00.

5. The civil penalty specified in this chapter shall be subject to the following:

a. Any penalty paid within five days of the receipt of notice of penalty shall be reduced by the sum of $75.00.

b. Any penalty paid within 10 days from date of notice shall be reduced by the sum of $50.00.

c. Any penalty paid within 15 days from date of receipt of notice shall be reduced by the sum of $25.00.

d. Any penalty paid after 15 days from date of receipt of notice of violation shall be payable in full.

D. As used in this chapter, “receipt of notice” means the affixing of a notice to the property or structure which is in violation of the ordinances of the town of Manila, delivery by certified mail, or by delivery of such notice to the owner or occupant thereof.

E. Whenever any property shall be used in a manner in violation of ordinances of the town of Manila, the person to whose name such property is listed on the records of Daggett County shall be liable for such unauthorized use and penalty thereof.

F. If the civil penalty is not paid within 30 days after the issuance of notice of violation, the full amount of the civil penalty shall be immediately due and payable and the town of Manila may exercise any and all legal remedies, including filing an action in the courts to obtain judgment for the assessed civil penalties. The imposition by the town from time to time of civil penalties shall not prevent the town of Manila from applying to the court for injunctive relief, nor shall the assessment of a civil penalty preclude prosecution for any criminal offense committed by any person in the town of Manila.

G. The mayor shall execute the notice of violation and shall give or cause to be given notice of the violation to the property owner as prescribed in this chapter.

H. The Manila town council is designated as the hearing board to consider matters relating the unauthorized use of property within the town of Manila as outlined in this chapter.

I. Any person having received a notice of violation as specified in this chapter may appear before the town council and present and contest such alleged violation(s).

J. A person wishing to contest a notice of violation must deliver a written notice of appeal to the town recorder within 10 days after receipt of notice. The notice of appeal must be in writing, addressed to the Manila town council, and set forth:

1. Date and nature of the violation as stated in the notice of violation as appealed;

2. A description of the relief requested; and

3. All facts and circumstances justifying the relief.

K. Within 15 after delivery of the notice of appeal, the mayor shall schedule a date for the hearing before the town council. This date logically may correspond with the next scheduled meeting date of the Manila town council. Notice of the hearing date shall be sent by regular mail, postage prepaid, to the address listed on the notice of appeal at least 10 days prior to the date set for the hearing.

L. If it is necessary to bring an action in the courts to obtain judgment or otherwise enforce this chapter, the party violating the chapter shall be liable, not only for the penalties provided by this section, but also for costs and attorney’s fees necessarily incurred by the town of Manila. [Ord. 4-12-01 §§ 8 – 10; 1974 solid waste ordinance § 26.]

8.05.290 Variance.

The board or director is hereby authorized to grant any person a variance from the applicability of the terms of this chapter so long as the granting of the same shall not be injurious to the public safety, health and welfare of the residents of the district and so long as the same shall be environmentally acceptable. Any person desiring such a variance shall make written application to the board or director setting forth the specific variance requested, the need and reason for the same and all particulars pertaining thereto. The board or the director shall then have 30 days upon which to act upon said application and shall then advise said applicant of its decision within 15 days of said action. The decision of the board or director shall be final and not subject to the review and appeal provisions of this chapter. [1974 solid waste ordinance § 27.]