Chapter XV · Utilities

ARTICLE 5. SOLID WASTE

Sections 15-501 to 15-530 · 30 sections

15-501 Definitions.

Unless the context clearly indicates otherwise, the meaning of words and terms as used in this article shall be as follows:

(a)Commercial Waste. All refuse emanating from establishments engaged in business including, but not limited to stores, markets, office buildings, restaurants, shopping centers, theaters, hospitals, governments and nursing homes.

(b)Dwelling Unit. Any enclosure, building or portion thereof occupied by one or more persons for and as living quarters;

(c)Garbage. Waste resulting from the handling, processing, storage, packaging, preparation, sale, cooking and serving of meat, produce and other foods and shall include unclean containers;

(d)Multi-Family Unit. Any structure containing more than four individual dwelling units;

(e)Refuse. All garbage and/or rubbish or trash;

(f)Residential. Any structure containing four or less individual dwelling units, rooming houses having no more than four persons in addition to the family of the owner or operator, and mobile homes;

(g)Rubbish or Trash. All non-putrescible materials such as paper, tin cans, bottles, glass, crockery, rags, ashes, lawn and tree trimmings, stumps, boxes, wood, street sweepings and mineral refuse. Rubbish or trash shall not include earth and waste from building operations or wastes from industrial processes or manufacturing operations;

(h)Single Dwelling Unit. An enclosure, building or portion thereof occupied by one family as living quarters.

(i)Solid Waste. All non-liquid garbage, rubbish or trash.

(Ord. 999; Code 1998)

15-502 Collection.

All solid waste accumulated within the city shall be collected, conveyed and disposed of by the city or by contractors specifically authorized to collect and dispose of solid waste.

(Ord. 999; Code 1998)

15-503 Contracts.

The city shall have the right to enter into a contract with any responsible person for collection and disposal of solid waste.

(Ord. 999; Code 1998)

15-504 Duty of owner, occupant.

The owner or occupant of every dwelling unit or commercial enterprise shall provide at his or her own expense a suitable container for the storage of solid waste as provided in this article. No owner or occupant shall permit to accumulate quantities of refuse or other waste materials within or close to any structure within the city unless the same is stored in approved containers and in such a manner as not to create a health or fire hazard.

(Ord. 999; Code 1998)

15-505 Containers.

Residential containers shall have a capacity of not more than 32 gallons unless a larger container is approved by the City. They shall be of galvanized metal or other non-rusting material of substantial construction. Each container shall have a tight fitting lid and shall be leak-proof and fly-tight. All containers shall have handles of suitable construction to permit lifting. Thirty gallon capacity plastic bags manufactured for garbage and refuse disposal may be substituted for residential containers. Plastic bags, when used, shall be securely closed. All garbage shall be drained of all liquids before being placed in bags or containers.

(Ord. 1555; Code 2011)

15-506 Bulk containers.

On premises where excessive amounts of refuse accumulates or where cans or bags are impractical, bulk containers for the storage of refuse may be used. Any such container shall be approved by the City prior to use. Containers shall have a capacity and shall be equipped with appurtenances for attaching mechanical lifting devices which are compatible with the collection equipment being used. Containers shall be constructed of durable rust and corrosion resistant material which is easy to clean. All containers shall be equipped with tight fitting lids or doors to prevent entrance of insects or rodents. Doors and lids shall be constructed and maintained so they can be easily opened. Containers shall be watertight, leak proof and weather proof construction.

(Ord. 1555: Code 2011)

15-507 Enter private premises.

Solid waste collectors, employed by the city or operating under contract with the city, are hereby authorized to enter in and upon private property for the purpose of collecting solid waste therefrom as required by this article.

(Ord. 999; Code 1998)

15-508 Ownership of solid waste.

Ownership of solid waste when placed in containers by the occupants or owners of premises upon which refuse accumulates, shall be vested in the city and thereafter shall be subject to the exclusive control of the city, its employees or contractors. No person shall meddle with refuse containers or in any way pilfer or scatter contents thereof in any alley or street within the city.

(Ord. 999; Code 1998)

15-509 Wrapping garbage.

All garbage shall be drained of all excess liquid, and wrapped in paper or other disposable container before being placed in solid waste containers.

(Ord. 999; Code 1998)

15-510 Heavy, bulky waste.

Heavy accumulations such as brush, tree limbs, broken concrete, sand or gravel, automotive parts, engines, appliances, frames, dead trees, and other bulky, heavy materials shall be disposed of at the expense of the owner or person controlling same.

(Ord. 999; Code 1998)

15-511 Hazardous materials.

No person shall deposit in a solid waste container or otherwise offer for collection any hazardous garbage, refuse, or waste. Hazardous material shall include:

(a)Explosive materials;

(b)Rags or other waste soaked in volatile and flammable materials;

(c)Chemicals;

(d)Poisons;

(e)Radio-active materials;

(f)Highly combustible materials;

(g)Soiled dressings, clothing, bedding and/or other wastes, contaminated by infection or contagious disease;

(h)Any other materials which may present a special hazard to collection or disposal personnel, equipment, or to the public.

(Ord. 999; Code 1998)

15-512 Prohibited practices.

It shall be unlawful for any person to:

(a)Deposit solid waste in any container other than that owned or leased by him or her or under his or her control without written consent of the owner and/or with the intent of avoiding payment of the refuse service charge;

(b)Interfere in any manner with employees of the city or its contractors in the collection of solid waste;

(c)Burn solid waste except in an approved incinerator and unless a variance has been granted and a written permit obtained from the city or the appropriate air pollution control agency;

(d)Bury refuse at any place within the city except that lawn and garden trimmings may be composted;

(e)No residential owner and/or occupant shall dispose more than three 30 gallon containers and/or plastic bags per week.

(f)Deposit leaves, branches, limbs, tree and plant trimmings or other vegetation in trash containers.

(Ord. 1555; Code 2011)

15-513 Objectionable waste.

Manure from cow lots, stables, poultry yards, pigeon lofts and other animal or fowl pens, and waste oils from garages or filling stations shall be removed and disposed of at the expense of the person controlling the same. It shall be unlawful for any person to deposit objectionable waste in trash containers.

(Ord. 1555: Code 2011)

15-514 Unauthorized disposal.

No person shall haul or cause to be hauled any garbage, refuse or other waste material of any kind to any place, site or area within or without the limits of the city unless such site is a sanitary landfill, transfer point or disposal facility approved by the Kansas State Department of Health and Environment.

(Ord. 999; Code 1998)

15-515 Collection of solid waste.

The city shall provide for the collection of all solid waste in the city; provided however, that the city may provide the collection service by contracting with a person, firm, corporation, county, municipality, or combination thereof, for the entire city or portions thereof, as deemed to be in the best interests of the city.

(Ord. 999; Code 1998)

15-516 Closed vehicle.

Any vehicle used by any person for the collection and transportation of solid waste shall be maintained in a good mechanical condition.

Vehicle shall be equipped with an enclosed covered body to prevent the contents leaking or escaping therefrom. Only tree trimmings or brush may be transported in open-bodied vehicles provided the material is securely tied in place to prevent scattering along the streets and alleys.

(Ord. 999; Code 1998)

15-517 Rules and regulations.

The collection and transportation of trash and waste materials shall be at all times under the general supervision of the mayor or his or her duly authorized agent, who shall have the authority by and with the consent of the governing body to make additional rules and regulations not inconsistent with the terms and provisions of this article requiring that the collection and transportation of trash and waste materials shall be conducted in such manner as not to endanger the public health, or to become an annoyance to the inhabitants of the city, and providing for a proper fee to be charged to the customer.

(Ord. 1555: Code 2011)

15-518 Frequency of collection.

The solid waste in residential areas shall be collected at least once a week. All commercial solid waste shall be collected at intervals as may be fixed by the contractor and approved by the governing body.

(Ord. 1555: Code 2011)

15-519 Charges.

The following monthly rates are hereby fixed for the collection of solid waste by City of Belle Plaine, effective on the 15^th Day of December 2022:

(a)Residential customers inside the city limits:

(1)The sum of $24.97 per month for each residential dwelling serviced with a 95-gallon trash and 95-gallon recycle container provided.

(2)The sum of $20.43 per month for any senior citizen residential occupant account holder over the age of 65 requesting such reduction with a 95-gallon trash and 95-gallon recycle container provided.

(3)The sum of $10.22 per month for each additional 95-gallon trash container.

(4)The sum of $5.93 per month for each additional 95-gallon recycle cart.

(5)The sum of $18.73 for each bulk item.

(6)The sum of $50.00 for reconnection of discontinued service for non-payment.

(b)Residential customers outside the city limits:

(1)The sum of $25.48 per month for each residential dwelling serviced with a 95-gallon trash and 95-gallon recycle container provided.

(2)The sum of $20.83 per month for any senior citizen residential occupant account holder over the age of 65 requesting such reduction with a 95-gallon trash and 95-gallon recycle container provided.

(3)The sum of $10.42 per month for each additional 95-gallon trash container.

(4)The sum of $5.93 per month for each additional 95-gallon recycle cart.

(5)The sum of $18.73 for each bulk item.

(6)The sum of $50.00 for reconnection of discontinued service for non-payment.

(c)Commercial customers:

(1)The sum of $24.97 per month for each commercial account holder serviced with a 95-gallon trash container provided.

(2)The sum of $54.10 per month for a 2-yard dumpster dumped one day a week; $147.88 when dumped twice a week; $241.66 when dumped three times a week.

(3)The sum of $67.63 per month for a 3-yard dumpster dumped one day a week; $184.85 when dumped twice a week; $302.07 when dumped three times a week.

(4)The sum of $81.15 per month for a 4-yard dumpster dumped one day a week; $221.81 when dumped twice a week; $362.48 when dumped three times a week.

(5)The sum of $108.20 per month for a 6-yard dumpster dumped one day a week; $295.75 when dumped twice a week; $483.31 when dumped three times a week.

(6)The sum of $65.00 for pickup of trash dumpsters.

(7)The sum of $50.00 for reconnection of discontinued service for non-payment.

The rates identified above shall increase by at least two percent (2.0%) each year effective December 15, 2023, and shall increase every January billing date thereafter by at least 2.0%.

(Ord. 1555: Code 2011; Res. 2015-02; Code 2017; Res. 2018-05; Res. 2019-07; Res. 2019-10; Res. 2022-07)

15-520 Billing.

Solid waste charges shall be billed monthly and shall be included on water or utility bills. Delinquent solid waste bills shall carry the same due dates, grace periods and a 10% late penalty as water bills.

(Ord. 1555: Code 2011)

15-521 Same; delinquent account.

In the event the owner or occupant of any property shall fail to pay the solid waste bills within 60 days following the date upon which it becomes due, the city clerk may annually certify such unpaid bills to the county clerk as a lien upon the property. The lien shall be collected subject to the same regulations and penalties as other property taxes are collected.

(K.S.A. 65-3410; Ord. 1555: Code 2011)

15-522 Miscellaneous waste.

(a)Books, magazines, and newspapers may be securely tied in bundles or placed in disposable containers in lieu of placing in an approved container. Such bundle or container and contents shall not exceed a weight of 50 pounds.

(b)Empty cardboard boxes shall be flattened. No trash shall be placed in cardboard boxes.

(c)All ashes must be placed in plastic bags as described in section 15-505 of this article before being placed in any containers.

(Ord. 1555: Code 2011)

15-523 Distributing containers.

Refuse materials, when placed in containers by the occupants or owners of the premises upon which the same are located, shall be subject to the exclusive control of the city, its agent or contractors and no person shall meddle with refuse containers or in any way pilfer or scatter the contents thereof.

(Ord. 999; Code 1998)

15-524 Improper containers.

Refuse placed in an improper container shall not be collected.

(Ord. 999; Code 1998)

15-525 Rocks, dirt, etc.

Rocks, dirt, sod, concrete and building materials shall be disposed of only in sites and in a manner approved by the mayor, the local Board of Health, and the State Board of Health.

(Ord. 999; Code 1998)

15-526 Request for service.

A request for water service within the corporate city limits shall automatically constitute a request for refuse service. A termination of water service shall automatically terminate refuse service; provided however, that the absence of public water service shall not relieve any owner or occupant of any residence, multi-family dwelling or commercial enterprise from the responsibility of complying with the provisions of this article.

(Ord. 999; Code 1998)

15-527 Partial service.

Any person, firm or corporation at the time of beginning or terminating service who receives service for a period of less than 15 consecutive days, shall be billed at one-half of the regular monthly rate. For service of 15 consecutive days or more, the charge shall be at the full monthly rate.

(Ord. 999; Code 1998; Code 2017)

15-528 Service fees; exceptions.

Where collections are made from each individual unit of a multi-family dwelling, an individual unit may be exempted from the monthly service fee upon written application of the owner that such dwelling unit has been vacant more than 18 consecutive days. Should the owner fail to advise the city at the time the unit again becomes occupied he or she shall immediately become liable for all fees waived.

(Ord. 999; Code 1998)

15-529 Prohibited practices.

It shall be unlawful for any person, firm or corporation to:

(a)Burn solid waste unless a variance has been granted and a written permit obtained from the city as outlined in Ordinance 501 of the City of Belle Plaine, or the appropriate air pollution control agency; provided however, an incinerator as approved by the fire chief of the city must be used.

(b)Dispose of solid waste in an unapproved site.

(c)Dispose of solid waste at the county disposal site in such a manner as will litter or contaminate the environment.

(Ord. 999; Code 1998)

15-530 Severability.

If for any reason any section, subsection, sentence, clause or phrase of this article is declared to be unconstitutional or invalid, such decision shall not affect the validity of any remaining section, subsection, sentence, clause or phrase of this article.

(Ord. 999; Code 1998)