§ 18-12. Landfills and recycling facilities.

(a)

No person other than the City shall establish, maintain, or operate any dump or disposal grounds or facility in the City for the keeping, accumulation, or disposal of any garbage, trash, refuse, or any other solid or liquid waste or recyclable material unless so authorized by a permit of the county, state or the federal government and approved by the City.

(b)

Payment of any dumping, annual licenses or permit fees is subject to the conditions of this chapter, and the schedule of fees as established herein and approved by the City Council.

(c)

Persons who own, operate or occupy residential property within the city may either:

(1)

Use the city's curbside solid waste services for the collection and disposal of garbage, trash, refuse or other solid waste and the collection and processing recyclable material, provided they pay all applicable fees, as set by the city council; or

(2)

If special arrangements are made with the city by formal agreement, collect, manage and dispose of their own garbage, trash, refuse or other solid waste and collect and manage their recyclable material themselves.

(d)

Persons receiving service in accordance with subsection (c) above may deliver and dispose of garbage, trash, refuse or other solid waste generated at the residential property at the city's landfill at no charge, once per month, provided the net weight of a load of such material does not exceed two thousand (2,000) pounds and provided their account is paid in full and not in arrears. Any material in excess of two thousand (2,000) pounds may be disposed of by such persons upon payment of applicable disposal fees. Persons seeking a waiver of the applicable disposal fees in accordance with this section will be required to display a driver's license, current utility bill, or other documentation acceptable to the administrator to verify they are eligible for the fee waiver. Failure to prove eligibility will result in denial of the fee waiver.

(e)

Business establishments may:

(1)

Use the city's commercial solid waste service for the collection and disposal of garbage, trash, refuse or other solid waste and the collection and recycling of recyclable material, provided these customers pay all applicable fees, as set by the city council; or

(2)

Collect, transport and dispose of garbage, trash, refuse or other solid waste themselves, provided they pay all applicable fees, as set by the city council, and such self-collection, management and disposal does not violate any provision of this chapter; or

(3)

Use a duly-permitted third party commercial solid waste service.

(f)

All business establishments that use the city's solid waste services or collect, transport and dispose of their garbage, trash, refuse or other solid waste themselves must pay all applicable solid waste and landfill fees with cash or establish a customer account. Business establishments that wish to establish a customer account for landfill usage shall submit a payment guaranty deposit to the city upon establishment of an account. The permit fee may be pro-rated. At the end of each permit year thereafter, a customer account shall remain active only if the user maintains a deposit equal to the average monthly billing of the previous year. Deposits shall not be interest earning. If any business establishment fails to pay the landfill fees by the last day of the billing month, the administrator may:

(1)

Consider the account delinquent;

(2)

Decline to extend credit;

(3)

Prohibit the business establishment from accruing any additional landfill fees; and/or

(4)

Deduct all delinquent fees from the payment guaranty deposit.

(g)

The administrator may require any user to return to the scales for verification of the tare weight of any vehicle. Loads may be estimated with a known tare weight when the scales are inoperative.

(h)

All bulk disposal loads of liquid waste are prohibited except with the express written approval of the administrator. The city shall have the right to take samples of any bulk liquid waste loads for the purpose of lab testing to determine if hazardous waste is present in the bulk liquid waste.

(i)

Surcharges are added to the schedule of the disposal fees for "hard to handle" waste materials. Surcharge shall be charged for wire and tires and other hard to bury materials which are defined as "hard to handle" wastes at the prevailing market rate.

(j)

The schedule of disposal fees, guaranty deposit and "hard to handle" waste surcharge fee shall be established by resolution of the council.

(k)

Bills shall become due and payable when a statement is generated by the City and shall become delinquent twenty (20) days after it is transmitted to the customer account holder. Any delinquent balance contained in a bill may be subject to interest, a penalty and late fees, as provided in the fee schedule approved by the city council.

(Ord. No. 2994, § 1(Exh. A), 6-28-16; Ord. No. O18-76, § 1(Exh. A), 10-23-18)