ORD NO 25-1992 ORDINANCE NO. 1992 p�
AN ORDINANCE TO IMPLEMENT A SOLID WASTE MANAGEMENT SYSTEM
AND RECYCLING PROGRAM FOR THE CITY OF VAN BUREN, ARKANSAS.
WHEREAS, it is the desire and goal of the City of Van Buren
to protect the public health and welfare, to prevent the creation
of nuisances, to conserve natural resources and to enhance the
beauty and quality of the environment; and,
WHEREAS, the City of Van Buren is authorized to implement
rules and regulations for the control, collection, removal,
reduction, disposal, treatment and handling of refuse and
recyclables; and,
WHEREAS, it is the desire of the City to implement a
comprehensive, city -wide solid waste management system and
recycling program.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN, ARKANSAS:
SECTION 1: That under the authority of Arkansas Statutes
Annotated Sections 14- 232 -103, 8 -9 -203 and 8 -6 -211, the City of
Van Buren hereby prescribes the following regulations.
SECTION 2: Definitions:
a. City The City of Van Buren, Arkansas, or its
authorized representative.
b. Person Any individual, corporation, company, firm,
partnership, association, trust, institution, occupant, owner's
agent, lessor, lessee or tenant.
c. Solid Waste All putrescible and nonputrescible refuse
in solid or semisolid form including, but not limited to,
garbage, rubbish, ashes, street refuse, demolition wastes,
construction wastes, hazardous wastes, trash, refuse matter or
vegetable matter from kitchen, market, or store, paper food
containers, and all other solid and semisolid waste materials
resulting from industrial, commercial, agricultural, community,
and residential activities.
d. Yard Waste Grass clippings, leaves, brush and tree
prunings.
e. Hazardous Waste Any waste or combination of wastes of
a solid, liquid, gaseous or semi -solid form which, because of its
quantity, concentration, physical, chemical or infectious
characteristics may, (1) cause or significantly contribute to an
increase in mortality or an increase in serious irreversible or
incapacitating illness; or (2) poses a substantial present or
potential hazard to human health or the environment when
improperly treated, stored, transported, disposed of or
improperly managed.
f. Premises House, yard, apartment, motel, mobile home,
park, dwelling place, hospital, school, hotel, club, restaurant,
shop, church, place of business, manufacturing establishment,
government building, or other private or public building, within
the corporate limits of the City.
g. Residential Unit A premises owned, leased, occupied or
managed for a residential purpose in a single family structure.
h. Solid Waste Container A commercial container suitable
for storage of waste generated by commercial enterprises and
capable of being emptied by mechanical equipment, or a plastic
bag, durable and leak proof, and tied securely, or covered
plastic or metal garbage can of sufficient size and number to
hold the solid waste which accumulates on the premises.
i. Solid Waste Disposal Firm A person, firm, company or
corporation engaged in the business of removal and disposal of
solid waste and also meets all federal, state and local licensing
requirements.
j. Residential Solid Waste Disposal Firm A person, firm,
company, or corporation engaged in the business of removal and
disposal of residential solid waste, which has been granted a
franchise or contract by the City and also meets all federal,
state and local licensing requirements.
k. Recycling The systematic collection, sorting,
decontaminating and returning of waste materials to commerce as
commodities for use or exchange.
1. Recyclables Those materials which can be recovered for
reuse in present or reprocessed form. These shall include, but
not be limited to, glass beverage container, plastic beverage
containers, newsprint, and aluminum beverage containers.
SECTION 3: That the City of Van Buren shall regulate the
collection, storage, transportation, and processing of all solid
waste within the City limits.
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0 SECTION 4: Every person in possession, charge or control
of any premises within the City of Van Buren, Arkansas, where
solid waste is created or accumulated shall be required to keep a
sufficient number of approved garbage cans, garbage bags, or
commercial containers for deposit of solid waste to prevent the
spreading or scattering of such wastes. When it is found that
the storage of such solid waste might become a breeding place for
mosquitos, rodents, flies and germs harmful to the health of the
inhabitants of the community, the City or its agents shall be
empowered to order the owner or person in charge of said
premises to remove such solid wastes.
SECTION 5: Certain wastes, such as those produced by
hospitals and nursing homes should be stored or disposed of so as
to prevent transmission of disease or causing of injuries.
Acceptable containers for hazardous hospital waste include
double- strength bags (either plastic or paper) which are
impervious to moisture double tied and have a strength sufficient
to resist ripping or tearing under normal use. Sharp objects
(needles, blades, etc) which have been pulverized, melted, or
otherwise processed so as to make them incapable of puncturing
and cutting, may also be disposed of in such containers.
Containers for wastes containing sharp objects that have not been
so treated should be puncture proof and should be taped closed so
as to prevent escape of any material. All containers for storing
or transporting that portion of the hospital's or nursing home's
wastes which could be hazardous should be colored international
orange and labeled "HAZARDOUS WASTE" in black letters at least
three (3) inches high.
SECTION 6: That each person occupying a residential unit
within the City shall be required to collect and place upon the
premises, in a solid waste container, all solid waste generated
thereon, for mandatory pick -up by a Residential Solid Waste
Disposal Firm.
SECTION 7: That each person occupying a residential unit
within the City, shall be required to collect, separate and place
upon the premises, in a solid waste container, all recyclables
accumulated thereon, for mandatory pick -up by a Solid Waste
Disposal Firm. All recyclables shall be separated according to
type and placed in separate containers.
SECTION 8: That all solid waste containers shall be
placed in a safe and convenient place, either curbside or beside
alleys as appropriate, for the purpose of collecting solid waste
and recyclables. However, the placement shall not interfere with
the public right of way, pose a health hazard or create a public
nuisance. All residential customers shall provide a safe and
convenient entrance to or through the property for the purpose of
collection and all vicious animals shall be either confined or
kept restrained at a point where collectors may pick -up or empty
containers without fear of attack.
SECTION 9: That every person in possession, charge, or
control of any industrial or commercial premises, within the
City, where solid waste is created or accumulated shall cause to
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have said solid waste removed a minimum of once per week or more
often if necessary. All solid waste so removed shall be hauled
to and disposed of, at a disposal site which has been approved by
the appropriate state agency.
SECTION 10: That construction and demolition waste such as
lumber, plaster, roofing material, dirt, stumps, tree trunks,
other debris incidental to construction and demolition, and yard
waste shall be removed by the owner of the premises or the
contractor responsible for the accumulation. Dead animals,
furniture or items to large for the solid waste containers are
prohibited. The solid waste disposal firms, may, with City
approval, make special arrangements to collect furniture,
appliances, yard waste, or other large, bulky items. Hazardous
waste and solid waste such as used motor oil, pesticides, paint,
lead -acid batteries, waste tires, fertilizers or chemicals, must
be disposed of as provided by regulation of the agencies of the
United States and the State of Arkansas or the City pertaining
thereto.
SECTION 11: That no person shall be permitted to accumulate
upon their premises, any solid waste or recyclables, except in
the appropriate solid waste containers to be placed upon the
premises for pick -up and disposal.
SECTION 12: The City shall grant franchises or contracts
to all residential solid waste disposal firms for the mandatory
pick -up of residential solid waste and recyclables and shall
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issue, implement and enforce such regulations as are necessary to
insure quality solid waste and recyclable pick -up and service.
SECTION 13: That the City shall regulate all rates and
fees charged by the residential solid waste disposal firms, or
any monies to which they are entitled by franchise or contract
under this Ordinance, and shall implement and enforce such
Ordinances and regulations necessary for the funding of the
City's solid waste management system and recycling program. All
such rates, charges or contractual fees shall be on file at the
office of the City Clerk and available for inspection by the
public during business hours.
SECTION 14: That the operation and oversight of the
residential phase of the City's solid waste management system and
recycling program, including implementation and enforcement of
this Ordinance and negotiation and contracting with residential
solid waste disposal firms and the division of the City into
service areas to be assigned to the residential solid waste
disposal firms, shall be conducted by the Van Buren Water and
Sewer Department and the City's Water and Sewer Commission is
hereby appointed the agent for the City for its implementation,
operation and enforcement. In addition, the Water and Sewer
Commission shall have the authority to make such additional rules
and regulations necessary for the implementation, operation and
enforcement of the City's residential solid waste management
system and recycling program. Provided, however, that the Van
Buren City Council shall have sole authority to approve rates,
charges or contractual fees. The Water and Sewer Department
shall be entitled to compensation for these duties.
SECTION 15: That any person who fails, neglects, or
refuses to comply with or resists the enforcement of any of the
provisions of this Ordinance shall be guilty of a misdemeanor,
and shall be fined not less than $25.00 nor more than $100.00,
plus court costs, for each offense. Each day that a violator is
permitted to exist shall constitute a separate offense. In
addition to the above penalty, each violator may be subject to
enforcement procedures authorized under Arkansas Statutes
Annotated Section 8 -6 -211, and also loss of City utilities.
SECTION 16: That the City shall make, pass and publish
such other future regulations and Ordinances not otherwise
authorized and delegated to its agent to implement as shall be
necessary to implement and achieve the purposes and goals of the
City's solid waste management system and recycling program.
After this Ordinance has been in effect for a period of five (5)
years, the City may, at its discretion, open the collection of
the City's residential solid waste management system and
recycling program to bids among all solid waste disposal firms,
and may award such collection to the lowest, responsible bidder.
SECTION 17: That this Ordinance, as it pertains to
mandatory residential pick -up of solid waste and recyclables, and
the initiation of rates, charges or contractual fees for such
mandatory pick -up, shall become effective on January 1, 1993.
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SECTION 18: That if any Section or part of this Ordinance
shall be held to be invalid or unconstitutional, it shall not
effect the remaining Sections thereof, and the Sections and parts
of said Ordinance shall be treated severally.
SECTION 19: That all Ordinances or parts of Ordinances in
conflict herein, are hereby repealed.
SECTION 20: That due to the necessity of dividing the City
into service zones and the granting, by the City, of exclusive
franchises within those service zones to the Residential Solid
Waste Disposal Firms, an exceptional situation exists and the
requirement of competitive bidding is deemed not feasible or
practical and therefore is hereby waived.
SECTION 21: That due to the need to implement and enforce
a comprehensive, city -wide, solid waste management system and
recycling program, an emergency is declared to exist and this
Ordinance being necessary for the preservation of the public
peace, health and safety, shall be in full force and effect from
and after its passage, approval and publication.
PASSED AND APPROVED this day of --2J t
1992.
BY L/_ I i sag :1
ALLEN RAY TOO -.K MAYOR
ATTEST:
A /i —ti A. fif
CITY CLERK- REASURER 1