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ORD NO 36-1976 ORDINANCE 54 1976 AN ORDINANCE TO ADOPT THE ARKANSAS SOLID WASTE DISPOSAL CODE. ADOPTED THE 28th DAY OF JUNE 1973, TO PROVIDE FOR STORAGE OF SOLID WASTE, DISPOSAL OF SOLID WASTE, PROHIBITING BURNING IN RESIDENTIAL ZONES, REGFLATING BURNING IN OTHER ZONES, COL- LECTION AND TRANSPORTATION OF SOLID WASTE, E FORCEMENT OF SAID ORDINANCE, PENALTY CLAUSE AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF VAN BUREN, ARKANSAS. SECTION 1. There is hereby adopted by reference, the Arkansas Solid Waste Disposal Code. Promulgated the 28th day of June 1973, of which not less than three (3) copies have been and now are filed in the office of the Clerk of the City of Van Buren, Arkansas, and the same are hereby adopted and incorporated as fully as if set out at length herein and from the date on which this ordinance shall take effect the provisions thereof shall be controlling. SECTION 2. DEFINITIONS The definitions given below apply whenever the following words are used in this ordinance: (1) Garbage: Putrescible animal and vegetable waste resulting from the preparation, cooking and serving of food and the use of produce, tin cans, glass containers and paper. All normal household waste will be considered garbage. (2) Trash: Nonputrescible waste consisting of combustible and noncombus- tible material such as, but not limited to, yard clippings, leaves, wood, glass, and similar materials. (3) Solid Waste: A collective term including all garbage, trash and non- combustible waste. (4) Commercial Container: A manufactured container other than a garbage can or bag suitable for storage of waste generated by commercial customers and cap- able of being emptied by mechanical equipment; provided 55 gallon drums or cans may be utilized by commercial customers when approved by the designated representa- tive of the solid waste collection service. (5) Garbage Bag: A durable watertight plastic bag with a wall thickness equal to or greater than 1 :6 mil. polyethelene plastic with a capacity of not less than twenty (20) gallons and not more than thirty -two (32) gallons and having a maximum loaded weight of seventy (70) pounds. (6) Garbage Can: A watertight, galvanized metal or heavy duty plastic contain- er of a capacity of not less than twenty (20) gallons and not exceeding thirty (30) gallons, having a maximum loaded weight of seventy (70) pounds, kving two (2) handles on the sides thereof by which it may by lifted, having a tight- fitting metal or plastic top with a handle and being so constructed as to permit the free discharge of its contents. (7) Sanitary Landfill: Method of disposing of solid waste on land without creating nuisances or hazards to public health or safety, by utilizing the prin- ciples of engineering to confine the refuse to the smallest practical area, to reduce it to the smallest practical volume, and to cover it with a layer of earth at the conclusion of each days operation or at such more frequent inter- vals as may he necessary. (8) Person: Any individual, firm or corporation. (9) Premises: Any dwelling, flat, rooming house, apartment building, hospital, school, hotel, motel, club, restaurant, boarding house, eating place, shop, church, place of business, manufacturing establishment, court house, jail, or any other public building. (10) Hazardous Waste: Any laboratory wastes including pathological speci- mens (i.e., all tissues, specimens of blood elements, excreta, and secretions obtained from patients or laboratory animals) and disposable fomites (any sub- stance which may harbor or transmit pathogenic organisms) attendant thereto. Also, surgical operating room pathologic specimens and disposable fomites atten- dant thereto and similar disposable materials from out patient areas and emer- gency rooms. Also, equipment, instruments, utensils, and fomites of a dispos- able nature from the rooms of patients who are suspected to have or have been diagnosed as having a communicable disease and must, therefore, be isolated, as required by public health agencies. SECTION 3 STORAGE OF SOLID WASTES 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 in- habitants of the community, any officer of the City of Van Buren, Arkansas enu- merated in Section 8 of this Ordinance shall be empowered to order the owner or person in charge of said premise to remove such solid wastes. SECTION 4 STORAGE OF HAZARDOUS WASTES 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 in- clude double- strength bags (either plastic or paper) which are impervious to moisture, double tied and have a strength sufficient to resist ripping or tear- 411) ing 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 5 REQUIREMENT TO DISPOSE OF SOLID WASTE Every person in possession, charge, or control of any premises, within the City of Van Buren, Arkansas, where solid waste is created or accummulated shall remove or shall cause to have said solid waste removed a minimum of once each week or more often if necessary to conform with Section 11 (a) (1) and Section 12 (d) of the Arkansas State Solid Waste Disposal Code. All solid waste so removed shall be hauled to and disposed of, at a disposal site which has been approved by the appropriate Oklahoma or Arkansas State agency having jurisdiction over the approval of such sites. Failure to dispose of solid wastes at an approved site, by a person hauling solid wastes for hire within the City of Van Buren, Arkansas, shall constitute sufficient grounds for cancellation of any permit or license for operation of private solid waste collection and haul- ing services within the City of Van Buren, Arkansas. SECTION 6 PROHIBITION OF RESIDENTIAL SOLID WASTE BURNING It shall be unlawful for any person to burn any garbage, rubbish or solid waste in any area of the City zoned residential as per the zoning ordinance of the City of Van Buren, Arkansas. SECTION 7 BURNING OF SOLID WASTE IN OTHER ZONES In zones, other than residential, there shall be no burning of solid waste other than in boilers, furnaces or incinerators, or in refuse burners safely constructed and located, in accordance with Section 7 of the Arkansas State Solid Waste Code, and or any other apropos Federal, State or lical law. In any event these apparatuses shall be approved by the Fire Department and will be inspected each summer for their effective operation. SECTION 8 COLLECTION AND TRANSPORATATION OF SOLID WASTE Solid waste containers should be placed in a safe and convenient place for the purpose of collecting solid waste. However, the placement should not interfere with the public right of way, pose a health hazard or create a public nuisance. If placed curbside, they should only be out on days determined by the solid waste collectors as days for servicing that particular area. Every person engaged in the business of collecting and hauling solid waste for hire within the City of Van Buren, Arkansas, shall obtain a permit or license for that purpose. This permit or license shall be posted in an office in the City of Van Buren, Arkansas, maintained by the solid waste collectors or their agent to resolve complaints. A record of these complaints and their disposition shall also be maintained for public inspection. Each collection vehicle shall display the name and telephone number of the collection service on both sides and the rear in letters five (5) inches high. It shall be unlawful for any person to collector haul solid waste for hire within the City of Van Buren, Arkansas, in any vehicle to which such name and number has not been affixed. Persons engaged in collection activities for hire shall wear uniforms identifying themselves as such. Whenever an officer of the City of Van Buren, Arkansas, charged with the enforcement of this ordinance finds a violation of this ordinance by a permit or license holder he shall give a notice in writing setting out the violations and given twenty (20) days notice to correct said violation. If said violations are not corrected said officer may issue and order canceling said permit or license. Said order of cancellation shall become final within ten (10) days unless said permit or license holder appeal said order when it is claimed that the provision of this ordinance do not apply or the true intent and meaning of the ordinance has been misconstruded or wrongly interpreted. Said regular Council meeting held after such appeal is filed, provided that all parties have at least ten days (10) to prepare for said hearing. The City Council may affirm the order or modify said order or set the order aside. The permit or license holder may appeal this order to the Circuit Court of Crawford County Arkansas for judicial review, within twenty (20) days. The review shall be conducted by the court without a jury and shall be confined to the record, except that in cases of alleged irregularities in procedure before the City Council, not shown in the record, testimony may be taken before the court. The court shall, upon request, hear oral argument and receive written briefs. The court may affirm the decision of the City Council or remand the case for further proceedings. It may reverse or modify the decision if the substantial rights of the petitioner have been prejudiced because the administrative findings, inferences, conclusions, or decisions are: (1) in violation of constitutional or statutory provisions; (2) in excess of the City's statutory authority; (3) made upon unlawful procedure; (4) affected by other error of law; (5) not supported by substantial evidence of record; or (6) arbitrary, capricious, or characterized by abuse of discretion. Every person, whether having a permit or license to operate a solid waste collection service in the City of Van Buren, Arkansas, or not, shall comply with Section 12 of the Arkansas State Solid Waste Disposal Code by: (a) haul- ing trash or rubbish in vehicles which have beds of tight construction to pre- vent the contents from shifting or falling from the vehicles, and have a canvas cover over the vehicle at all times except when loading or unloading; and (b) haul garbage in vehicles specifically made for that purpose which either have a bed constructed of metal and are leakproof or have metal containers with tight fitting lids. SECTION 9 ENFORCEMENT The following officers of the City of Van Buren, Arkansas, may enforce the Ordinance. 1. Policemen 2. Firemen 3. Building Inspector SECTION 10 PENALTIES Any person violating the provisions of this ordinance will be subjected to a fine not to exceed $25 provided, however, that each day a violation of this ordinance continues will constitute a separate offense for which a maximum fine will be $25 per day for the second and subsequent days of violation. rs SECTION 11 SAVING CLAUSE If any section, sentence, subdivision or clause of this ordinance if for any reason held invalid or to be unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance. SECTION 12 POWERS The powers vested hereby in the City of Van Buren, Arkansas, shall be in addition to and commulative to any and all other powers of said City of Van Buren, Arkansas, to enforce all laws and ordinances with respect to solid waste storage, collection and disposal. SECTION 13 EMERGENCY That due to the need to solve the solid waste problem and to reduce the danger of fire due to open burning of solid waste, an emergency therefore it declared and the ordinance being necessary for the preservation of the public peace, health, safety shall be in full force and effect from and after its passage, approval and publication. PASSED AND APPROVED THIS 18th DAY OF OCTOBER, 1976. Allen Ray y .'•th. er, Mayor ATTESTED.: Euge P. Hobbs, City Cleric. v 0