ORD NO 10-2009 ORDINANCE NO. i tV -2009
A AN ORDINANCE TO REPEAL ORDINANCE NO. 1992 -25 AND
ORDINANCE NO. 23 -1997, AND TO IMPLEMENT A SOLID WASTE
MANAGEMENT SYSTEM AND RECYCLING PROGRAM FOR THE
CITY OF VAN BUREN, ARKANSAS
WHEREAS, the City of Van Buren, Arkansas adopted an Ordinance to
Implement a Solid Waste Management System and Recycling Program in 1992
identified as Ordinance No. 1992 -25; and,
WHEREAS, the City of Van Buren, Arkansas adopted an Ordinance
Amending Van Buren Solid Waste Management System and Recycling Program
Ordinance No. 1992 -25, Sections 6 and 16, and Repealing Section 20 in 1997
identified as Ordinance No. 23 -1997; and,
WHEREAS, since the additional adoption of Ordinance No. 1992 -25, and
Ordinance No. 23 -1997, more specific requirements and definitions for the same
are needed and that it is now necessary to repeal said Ordinances; and,
WHEREAS it is the desire and goal of the City of Van Buren, Arkansas to
continue 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 solid waste and recyclables; and,
WHEREAS, it is the desire of the City of Van Buren to maintain 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:
THAT, Ordinance No. 1992 -25 is hereby repealed; and,
THAT, Ordinance No. 23 -1997 is hereby repealed; and,
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SECTION 1: That under the authority of Arkansas Code Annotated
Sections 14- 232 -103, and 8 -6 -211, the City of Van Buren hereby prescribes the
following regulations.
SECTION 2: Definitions:
a. Bulk Items- Items that may require special handling and management
including, but not limited to: white goods such as refrigerators, ranges, water
heaters, freezers, and other similar domestic appliances; household goods such
as toilets, sinks, bathtubs, furniture, carpet or other bulk flooring materials;
and /or other materials resulting from do- it- yourself home improvements. Bulk
items must be generated by the customer at the address where they are collected.
b. City The City of Van Buren, Arkansas or its authorized representative.
c. 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.
d. Multi Family Residential Unit A premises where multiple separate units
for residential inhabitants are contained within one or more buildings such as a
Duplex (2 Units), Triplex (3 Units), Fourplex (4 Units), and a multiple unit
apartment building.
e. Person Any individual, corporation, company, firm, partnership,
association, trust, institution, occupant, owner's agent, lessor, lessee, or tenant.
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 building,
within the corporate limits of the City.
g. Recyclables Those materials which can be recovered for reuse in present
or reprocessed form. For the purposes of this Ordinance, these shall include but
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not be limited to, items agreed upon in the Agreement between the Van Buren
Municipal Utilities Commission and the Residential Solid Waste Disposal Firm.
h. Recycling The systematic collection, sorting, decontaminating, and
returning of waste materials to commerce as commodities for use or exchange.
i. Recycling Container Container used exclusively for recycling including
the City issue eighteen (18) gallon green containers or other containers that may
be approved and designated by the City in the future.
j. Residential Solid Waste Solid waste generated at and resulting from the
maintenance and operation of a residential unit where it is collected, including
but not limited to items that are acceptable at the disposal facility and do not
exceed the container and weight limits of this Ordinance and /or the Agreement
with a Residential Solid Waste Disposal Firm. Residential solid waste does not
include solid waste that, in the opinion of the Residential Solid Waste Disposal
Firm and /or the Van Buren Municipal Utilities could potentially cause harm to
the public, employees, environment, or equipment.
lc 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, contract, or agreement by the Van
Buren Municipal Utilities Commission and also meets all federal, state, and
local licensing requirements.
1. Residential Unit A premises owned, leased, occupied or managed for a
residential purpose in a single family dwelling.
m. 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, debris,
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.
n. 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
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securely, or covered plastic or metal garbage can of sufficient size and number
to hold the solid waste which accumulates on the premises. A container larger
than forty five (45) gallon capacity shall not be considered an approved
container for residential purposes unless otherwise specified in the Agreement
with a Residential Solid Waste Disposal Firm. A cardboard box is not
considered an approved container, however; may be set out for residential
collection one time, providing that the box and /or boxes and contents do not
exceed the capacity, weight, and number of container limits set by this
Ordinance and the Agreement with a Residential Solid Waste Disposal Firm.
o. 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.
p. Yard Waste Including but not limited to, grass clippings, leaves, brush,
tree prunings, pine needles, shrubbery, etc.
SECTION 3: That the City shall regulate the collection, storage,
transportation, and processing of all solid waste within the City Limits of Van
Buren, Arkansas.
SECTION 4: Every person in possession, charge or control of any
premises within the City, 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 mosquitoes, 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 hazardous and medical wastes, such as those
produced by hospitals and nursing homes should be stored and /or disposed of so
as to prevent transmission of disease or causing of injuries pursuant to State and
Federal regulations.
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SECTION 6: That each person occupying a residential unit within
the City, shall be required to collect, separate, and place upon the premises, in
an approved solid waste container, all solid waste generated thereon for
mandatory collection. No solid waste container weighing more than fifty (50)
pounds, including contents of said container, shall be set out for residential
solid waste collection.
SECTION 7: That each person occupying a residential unit within
the City, shall have the opportunity to separate and place upon the premises, in
a recycling container designated recyclables generated thereon, for collection by
a Residential Solid Waste Disposal Firm.
SECTION 8: That a Multi- family Residential Unit may be added to
the mandatory residential solid waste collection program, if agreed upon by the
Van Buren Municipal Utilities, the Residential Solid Waste Disposal Firm, and
the Premises owner.
SECTION 9: That all 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
through or to the property for the purpose of collection and all vicious animals
shall be either confined or kept restrained at a point where collectors may
collect or empty containers without fear of attack.
SECTION 10: That every person in possession, charge, or control of
any industrial, commercial, or multi family residential premises, within the
City, where solid waste is created or accumulated shall cause to have 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 federal and state agency.
SECTION 11: 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
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the premises or the contractor responsible for the accumulation. Dead animals,
furniture or items too large for the solid waste containers are prohibited. The
solid waste disposal firms, may, with City approval, make special arrangements
to collect bulk items and /or yard waste. 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 and /or the City pertaining thereto.
SECTION 12: 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 collection and disposal.
SECTION 13: The City shall grant a franchise, contract, or agreement
to a Residential Solid Waste Disposal Firm for the mandatory collection of
residential solid waste and recyclables and shall issue, implement and enforce
such regulations as are necessary to insure quality solid waste and recycling
collection service.
SECTION 14: That the City shall regulate all rates and fees charged
by the residential solid waste disposal firm or any monies to which they are
entitled by franchise, contract, or agreement 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 15: That the Van Buren Municipal Utilities Commission is
hereby appointed the agent of the City for the residential phase of the solid
waste management system and recycling program, and shall conduct its
implementation, operation, oversight; the negotiation and contracting with a
Residential Solid Waste Disposal Firm; and the division of the City into service
areas, and shall have the authority to make such additional rules and regulations
necessary for the same. The Van Buren Municipal Utilities shall be entitled to
compensation for these duties. Provided, however, that the Van Buren City
Council shall have sole authority to approve rates, charges, or contractual fees.
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SECTION 16: 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 violation 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 Code Annotated Section 8 -6 -211, and also loss of
City utilities.
SECTION 17: That if any Section or part of this Ordinance shall be
held to be invalid or unconstitutional, it shall not affect the remaining Sections
thereof, and the Sections and parts of said Ordinance shall be treated severally.
SECTION 18: That all Ordinances or parts of Ordinances in conflict
herein, are hereby repealed.
SECTION 19: That due to the need to maintain and enforce a
comprehensive, city -wide, solid waste management system and recycling
program, and this ordinance being necessary for the preservation of the public
peace, health and safety, shall be in full force and effect from January 1, 2010.
PASSED AND APPROVED this CJ day of 2009.
By
MAYOR
ATTEST:
CITY CLERK
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