CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\ARTICLE 5. SOLID WASTE

(a)   Bulky Waste -- Large items of refuse including, but not limited to: household appliances, furniture, tires, large auto parts, motor vehicles, and trees trunks, branches and stumps.

(b)   By-Products - A material produced during the manufacture or processing of other materials and mixtures and having no commercial value or intent.

(c)   Construction and Demolition Waste -- Waste building materials and rubble resulting from construction, remodeling, repair or demolition operations on houses commercial buildings, pavements, and other structures.

(d)   Disposal Authorization -- Written approval from the Kansas Department of Health and Environment to dispose of hazardous waste.

(e)   EPA Identification Number -- A number assigned by the Environmental Protection Agency to each hazardous waste generator, transporter, processing facility, storage or disposal area.

(f)   Garbage -- Animal or vegetable waste resulting from the handling, processing, storage, packaging, preparation, sale, cooking, or serving of meat, produce and other foods, including unclean containers.

(g)   Generator -- Any person who produces or brings into existence hazardous wastes.

(h)   Incompatible Waste -- That waste which, because of its physical or chemical properties, is unsuitable for commingling with their wastes, due to the possibility of causing a chemical reaction which would increase the likelihood of contamination of groundwater or escape of substances into the environment.

(i)    Industrial waste -- All solid waste resulting from manufacturing and industrial processes which is not suitable for discharge into a sanitary sewer or treatment in a community sewage treatment plant.

(j)    Mixed Refuse - A mixture of solid wastes containing both putrescible and non-putrescible materials.

(k)   Permit - A written permit issued by the Department of Health and Environment which by its conditions may authorize the recipient to construct and operate a solid waste disposal area.

(l)    Putrescible Waste -- Solid waste which contains organic matter capable of being decomposed by micro-organisms of such character and proportion as to be capable of attracting and providing food for birds and disease vectors.

(m)  Refuse - Any unwanted and discarded material resulting from residential, commercial, industrial, governmental and agricultural operations. Includes but is not limited to: garbage, rubbish, ashes and other residue after burning, street refuse, dead animals, animal waste, motor vehicles, agricultural, commercial and industrial wastes, construction and demolition wastes, and sewage treatment residue. Does not include uncontaminated earth, stone or minerals.

(n)   Sanitary Landfill - A site established for disposing of solid wastes without creating nuisances or hazards to the public health or safety and which meets the criteria prescribed in K.A.R. 28-29-24(b).

(o)   State Authorization Number -- A number assigned by the Kansas Department of Health and Environment to industries for disposal of special wastes at landfills.

(p)   Storage -- The containment of solid waste in such a manner as not to constitute disposal or processing.

(Ord. 445, Art. 1, Sec. 1)

A sanitary landfill for the purpose of disposing of solid waste matter shall be established at a location selected by the governing body and conforming to applicable state laws and county or city zoning regulations and ordinances.

(Ord. 445, Art. 2, Sec. 1)

Facility shall be operated in a manner consistent with the policies and requirements prescribed by the governing body, the Kansas Department of Health and Environment and other regulatory government agencies.

(Ord. 445, Art, 2, Sec. 2)

Hours of operations shall be as determined by the governing body, based on need and financial conditions. Days and hours of operation shall be posted in a conspicuous location at the entrance to the disposal site.

(Ord. 445, Art. 2, Sec. 3)

There shall be an attendant on duty at all times the facility is open for business for the purpose of enforcing the policies prescribed in this article.

(Ord. 445, Art. 2, Sec. 4)

The following waste materials are acceptable for disposal:

(a)   Municipal solid waste (garbage, newspapers and paper products, trash, rubbish, ashes).

(b)   Bulky waste (excluding motor vehicles, large auto parts, and large tree trunks).

(c)   Rinsed pesticide containers.

(d)   Construction and demolition wastes.

(Ord. 445, Art. 2, Sec. 5)

The following materials are not acceptable at the disposal facility:

(a)   Animal wastes.

(b)   Dead animals.

(c)   Large auto parts.

(d)   Motor vehicles.

(e)   Sewage sludge.

(f)   Hazardous wastes:

(1)   Acids;

(2)   Caustics;

(3)   Explosives;

(4)   Flammable or explosive materials,

(5)   Oils and solvents;

(6)   Pathological wastes;

(7)   Pesticides;

(8)   Radioactive materials.

(Ord. 445, Art. 2, Sec. 6)

(a)   Newspapers, magazines and other periodicals shall be bundled and tied in such a manner so as not to become loosened when tossed into the pit or bagged in plastic bags or other bags of a durable type material with closures securely tied to prevent contents from spilling during unloading and disposal.

(b)   Cardboard (all types) shall be kept separated from other waste materials during loading and deposited in a location designed by the attendant on duty.

(c)   Trees, branches, leaves, grass, and construction and demolition waste shall be deposited in a special pit set aside for that specific purpose.

(d)   Household appliances, furniture and tires shall be deposited outside the pit areas in a location designated by the attendant on duty.

(e)   Industrial Waste:

(1)   Industrial wastes received at the landfill require separate handling and disposal action. A special set of records consisting of a permanently bound log book and a map of the landfill site shall be kept at the site at all times and maintained in an up-to-date status by the landfill attendant.

(2)   Map of the site shall be drawn to scale and shall show the location of any closed burial pits as well as the pit(s) currently in use. The exact location of each deposit of industrial waste shall be pinpointed on the map by an “X” or large dot “•” and referenced to the boundaries of the tract or some other permanent landmark, e.g. 100 yards E of W boundary and 120 yards S of N boundary line.

(3)   Log book will be a permanently bound book with prenumbered, unremovable pages containing the following information in columnar form under heads as shown:

(A)  Transaction number (1, 2, 3, etc.).

(B)  State authorization number.

(C)  Source of waste (company name and city).

(D)  Waste description (barreled oil, sludge, waste chemicals, etc.)

(E)   Signature and identity of truck driver.

(F)   Disposal location.

(4)   The following types of industrial waste shall be logged:

(A)  Liquids wastes.

(B)  Barreled wastes.

(C)  Bulk loads of sludge.

(D)  Waste chemicals received from schools, pharmacies, hospitals, etc.

(E)   Large loads of pesticide containers.

(F)   Other industrial waste not considered to be normal trash.

(Ord. 445, Art. 2, Sec. 7)

(a)   A service charge of $3.00 per calendar month shall be levied against each business establishment and each owner or renter of residential property located within the corporate boundaries of the city and receiving water service the municipally owned water system.

(b)   Individuals residing outside the corporate boundaries, but receiving city services may avail themselves of these services at the same rates established for city residents/business establishments by notifying the city clerk accordingly. Decision to use the city owned landfill in lieu of the county landfill in no way exempts the individual from paying the landfill charges assessed by the county. Only those residents/businesses within the corporate limits of the City of Miltonvale or on city water/sewer services may be allowed to use the landfill.

(Ord. 445, Art. 3, Sec. 1; Ord. 537; Code 2017)

Charges for services shall be billed on the same billing document used for water services. Bills are due on the first day of the month following the month in which the service was utilized. Bills unpaid by the 15th of the month in which billed shall be considered a delinquent account and assessed a penalty. Bills paid after the 15th of the month shall be assessed a penalty equaling 20 percent of the amount billed.

(Ord. 445, Art. 3, Sec. 2)

Discontinuance of service for nonpayment of delinquent accounts shall take place at the same time the water service is terminated for that particular reason. Same policies with respect to issuance of a delinquency and termination notice by city officials and customer’s right to a hearing before members of the governing body before service is actually terminated apply.

(Ord. 445, Art. 3, Sec. 3)

It shall be unlawful for any person to:

(a)   Deposit waste at the landfill site at the times other than when an attendant is on duty unless such disposal action has been approved in advance by an employee or official of the city.

(b)   Interfere in any manner with the attendant on duty in the discharge of his or her responsibilities and duties.

(Ord. 445, Art. 4)