HomeMy WebLinkAboutOrdinance 11-1996 . •
ORDINANCE NO. 11-96
AN ORDINANCE OF THE CITY OF BROOKINGS, SOUTH DAKOTA, AMENDING
SOLID WASTE DEFINITIONS, REQUIRING MANDATORY RECYCLING AND
ESTABLISHING RECYCLING REGULATIONS FOR THE CITY OF BROOKINGS, SOUTH
DAKOTA.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BROOKINGS,
SOUTH DAKOTA, AS FOLLOWS, TO-WIT:
I.
Sec. 17-2. Definitions.
The following words, terms and phrases, when used in this chapter, shall mean, except
where the context clearly indicates a different meaning, the following:
Animal waste. Any accumulation of waste manure or straw resulting from the
transportation, housing or penning of animals.
Aparrnient. A room or suite of rooms with toilet and culinary accommodations used or
designed for use as a residence by a family (see definition of"family" in this section) or any four
(4) or more people located in a building containing three (3) or more such rooms or suites or
located in a building devoted primarily to uses other than residential.
Az�thorized Recycler/Recycling Contractor. An individual or company which provides
garbage collection services or recycling services.
City. City of Brookings.
Commercial. Solid waste collection accounts serving for-profit businesses, services or
institutions within the City of Brookings.
Commercial garbage collector or commercial garbage hauler. Any person who hauls or
transports any garbage, rubbish or livestock waste through or upon the streets or alleys of this city
for a fee.
Container. One or more fly-tight container made of suitable material with a capacity of not
less than ten (10) nor more than thirty-nine (39) gallons, which may not contain more than fifty
(50) pounds, when filled, commercial containers may exceed the foregoing size limitations
provided they are approved by the solid waste haulers.
Corrugated cardboard. Heavy paper with alternating ridges and grooves.
Double sort. Separation at the source of recyclable materials into two (2) separate
containers for collection. Recyclables shall be sorted into the following two groups:
(1) Newspaper, office paper, mixed mail, catalogs, phone books, cardboard boxes,
magazines.
(2) Plastic containers: #1 plastic: (e.g. pop bottles), #2 plastic: (e.g. milk jugs); plastic
containers: (e.g. cleaning products), aluminum cans, steel and tin cans.
Family domestic unit. An individual or two (2) or more persons related by blood or law
occupying a dwelling unit and living as a single household entity. Each independent family unit
occupying a building used in whole or in part for residential purposes, including mobile homes in
mobile home courts, shall be deemed a family domestic unit for the purpose of this chapter.
Garbage. All refuse, containers or accumulation of animal or vegetable matter which
attends the processing, preparation, transportation, cooking, eating, sale, or storage of ineat, fish,
vegetables and fruit.
Garbage collector or garbage hauler. Any person who hauls or transports any garbage
through or upon the streets or alleys of this city.
Hazardous Waste. A solid waste and/or combination of solid wastes which because of
quantity, concentration, or physical, chemical or infectious characteristics, may cause, or
significantly contribute to an increase in mortality or an increase in serious, irreversible or
incapacitating reversible illness, or pose a substantial present or potential hazard to human health
or to the environment when improperly treated, stored, managed, transported or disposed of, but
hazardous waste does not include radioactive materials or mining wastes which are exempt
pursuant to federal or state law.
Landfill. (See Sanitary Landfill.)
Litter. Garbage, rubbish, waste material or animal waste improperly disposed of by
discarding, abandoning, allowing to accumulate, scattering or depositing outside an approved
container.
Major appliance. A major residential or commercial appliance, including any air
conditioner, clothes dryer, clothes washer, dishwasher, freezer, kitchen range, microwave oven,
refrigerator, television and water heater.
Metal containers. Any container made from aluminum, tin or steel which contained a
product for consumption.
Municipality. The City of Brookings.
Paper artd paper prodz�cts. Paper items including high grade oflice paper, newsprint, offset
paper, bond paper, xerographic bond paper, mimeo paper, duplicator paper, computer paper,
magazines, catalogs, advertising supplements, books, junk mail, envelopes, cereal boxes, mix
boxes, tissue boxes, shoe boxes, soda and beer cartons. It does not include chip board, items such
as juice boxes and milk cartons, papertowels, tissue or pizza boxes.
Plastic. Any material made of polymeric organic compounds and additives that can be
shaped by flow.
Plastic bottle or container. A plastic container having a neck that is smaller than the body
of the container, which has a screw-type, snap cap or other closure, and has a capacity of sixteen
(16) fluid ounces or more, but less than five (5) gallons, composed predominately of plastic resin.
Postconsumer material. Products generated by a business or consumer that have served
their intended end uses and that have been separated or diverted from solid waste for the purpose
of collection, recycling and disposition.
Public�Private entity. Any individual, corporation, partnership, limited liability company or
limited liability partnership.
Recovered material. Material which is recovered or derived from solid waste.
Recovered paper material. Paper waste generated after the completion of the papermaking
process, such as postconsumer material, envelope cuttings, bindery trimmings, printing waste,
cutting and other converting waste, butt rolls and mill wrappers, obsolete inventories, and rejected
unused stock. The term does not include fibrous waste generated during the manufacturing
process such as fibers recovered from waste water or trimmings of paper machine rolls, or fibrous
by-products of harvesting, extractive or woodcutting processes, or forest residue such as bark.
Recyclable Collector. Any person who collects or receives recyclable materials from
another person or persons for a consideration or a fee and/or for the purpose of resale.
Recycling Collection Facility. An established facility where recyclable materials are
collected for shipment offsite with no processing. Fully enclosed automated self-serve aluminum
collection machines are considered recycling collection facilities. Facilities which handle
recyclable hazardous materials or waste petroleum products are considered recycling collection
facilities.
Recyclable materials. Materials or products that may be readily separated from the solid
waste stream and may be used or reused as a substitute for raw materials or other items, including
but not limited to aluminum, paper, plastic, tin and steel.
Recycled. The quality of being manufactured from or consisting of, in whole or in part,
material derived from solid waste.
Recycled paper. A paper product with not less than twenty (20%) percent of its total
weight consisting of postconsumer material.
Recycling. Any process by which waste, or materials that would otherwise become waste,
are collected, separated or processed and revised or returned to use in the form of raw materials
products. The term includes the composting of yard waste which has been previously separated
from other waste, but does not include any form of energy recovery.
Recycling Processing Facility. An established facility where recyclable materials are
collected and/or processed by sorting, volume reduction, containment or other preparation for
shipment offsite.
Residential. A dwelling having accommodations for and occupied by one or more families. I
Residential recyclables. Separation at the source of the following materials:
(1) Newspaper, office paper, mixed mail, catalogs, phone books, cardboard boxes,
magazines.
(2) Plastic containers: #1 plastic: (e.g. pop bottles), #2 plastic: (e.g. milk jugs); plastic
containers: (e.g. cleaning products), aluminum cans, steel and tin cans.
Rigid plastic containers. Any formed or molded container, other than a bottle, intended for
single use, composed predominantly of plastic resin, and having a relatively inflexible shape or
form with a capacity of eight (8) ounces or more, but less than five (5) gallons.
Rubbish. All combustible refuse matter such as paper, sweepings, rags, and similar
materials.
Salvaging. The controlled removal of waste materials for reuse.
Sanitary landfrll. The area established for the dumping or depositing of garbage, rubbish,
animal waste, litter and waste materials not prohibited by city ordinance.
Scm�enging. The uncontrolled and unauthorized removal of waste materials.
Solid waste. Any garbage, refuse, sludge from a waste treatment plant, water supply
treatment plant or air pollution control facility and other discarded materials, including solid,
liquid, semisolid or contained gaseous material resulting from industrial, commercial and
agricultural operations, and from community activities, but does not include mining waste.
Solid waste disposal facility. All facilities and appurtenances connected with such facilities,
which are acquired, purchased, constructed, reconstructed, equipped, improved, extended,
maintained or operated to facilitate the diposal or storage of solid waste.
Solid waste transfer facility. A fixed facility where solid waste from collection vehicles is
consolidated and temporarily stored for subsequent transport to a permanent disposal site.
Soz�rce reduction. Practices that reduce, avoid or eliminate both the generation of solid
waste and the use of toxic materials so as to reduce risks to health and the environment and to
avoid, reduce or eliminate the generation of wastes or environmental pollution at the source and
which is not merely achieved by shifting a waste output or waste stream from one environmental
medium to another environmental medium.
Special N�aste. Asbestos, gasoline, fuel oil or waste oil, contaminated soils, materials,
sediments, etc., co-mingled gasoline and fuel oil and/or waste oil contaminated soils, materials,
sediments, etc., and anti-freeze contaminated soils, materials, sediments, etc.
State institr�tion. South Dakota State University or any other institution established and
maintained by the state within the corporate limits of the city.
Tree, brush and garden waste. Trees, tree branches, brush, wood, wood shavings and
garden waste.
Urrirersal recyclifig symbol. A equilateral triangle formed by three arrows with the shape of
each point of the triangle at the midpoint of each arrow, rounded with a short radius. The
arrowhead of each arrow shall be at the midpoint of each side of the triangle with a short gap
separating the pointer from the base of the adjacent arrow. The triangle, formed by the three
arrows curved at their midpoints, shall depict a clockwise path.
Waste mcrterial. All noncombustible inorganic matter such as ashes, glass, sand, earth,
stones, concrete, mortar, metals and similar material.
Waste oil. Any oil after use that is contaminated through storage or handling before the oil
is recycled.
Waste tire. A tire that is no longer suitable for its original purpose because of wear, damage
or defect.
Waste tire processing. Producing or manufacturing usable materials from waste tires. The
term does not include incineration of tires for fuel or energy recovery purposes.
Waste tire collection site. A site used for the storage, collection or deposit of waste tires.
Waste tire processing site. A site used for the processing of waste tires and owned or
operated by a tire processor who has a permit for the site.
Yard waste. Grass clippings and other similar waste vegetative material.
ARTICLE VII. RECYCLING REGUALTIONS.
Sec. 17-80. Purpose.
The purpose of this article is to implement state laws and regulations and to lengthen the life
expectancy of the landfill.
Sec. 17-81. Rules, Regulations generally.
The City Commission may promulgate rules and regulations to implement the purposes of
this Ordinance. Any such rules and regulations so adopted shall be filed with the City Finance
Officer and published prior to the effective date thereof.
Sec. 17-82. Mandatory Recycling.
Effective January 1, 1997, recycling will be mandatory within the city limits of the City of
Brookings. Items to be recycled and the procedures for sorting recyclables will be established
from time to time by the City Commission.
Sec. 17-83. Collection of charges.
The method of collecting charges for recycling collection shall be determined from time to
time by resolution or ordinance.
Sec. 17-84. Residential recyclable collection and containers.
Residential recyclables shall be collected on a weekly basis by the same garbage hauler
which provides garbage collection services. Recyclables shall be sorted into the following two
groups:
(1) Newspaper, office paper, mixed mail, catalogs, phone books, cardboard boxes,
magazines.
(2) Plastic containers: #1 plastic: (e.g. pop bottles), #2 plastic: (e.g. milk jugs); plastic
containers: (e.g. cleaning products), aluminum cans, steel and tin cans.
Recyclables shall be deposited in a white or clear plastic bag and placed at curbside for
collection by the authorized recycler. All recyclables shall be kept in an inconspicuous place
except when placed for collection. Residential recyclables which are collected shall not be
deposited at the sanitary landfill.
' Sec. 17-85. Recycling Guidelines:
A. Newspapers (includes any inserts in the paper)
1. Do not bind with string or twine. Remove all rubber bands.
2. Only clean dry paper accepted.
3. Use clear or white plastic bags or brown paper sacks to dispose of papers.
B. Plastics (with a body larger than the neck)
1. Dispose of lids, rinse and flatten.
2. Will not accept: Plastic bags, antifreeze containers, pesticide, caps, lids, styrofoam
containers, egg cartons, yogurt or butter tubs, toys, oil containers or flower pots.
C. Cardboard
1. No contaminated cardboard accepted.
2. No wax coated accepted.
3. No pizza boxes accepted.
4. Corrugations between layers.
5. Remove staples and packing material and flatten.
6. Cereal boxes accepted if inside liner is removed. Soda and beer cartons accepted.
D. Magazines, Catalogs& Junk-Mail
1. Do no bind with string or twine.
E. Office Paper
1. Envelopes and clean colored paper accepted.
2. Staples acceptable.
3. No paper towels, facial tissues or sticky notes.
F. Aluminum, Steel & Tin (beverage cans or food containers)
1. Will not accept pesticide or herbicide containers, pie or food trays, contaminated foil, '
aerosol cans or paint cans. '
2. Rinse all cans, flatten or pinch tops. Labels need to be removed.
Sec. 17-86. Commercial and business recyclable collection.
Commercial and business establishments, except apartments, shall separate recyclable
materials generated by or accruing to such establishment prior to removal. Commercial and
business recyclable materials shall not be deposited at a sanitary landfill. Commercial and business
recyclables shall be removed from the premises at a minimum of once each month.
Section 17-87. Apartment Recyclables.
Every owner of an apartment shall do the following to facilitate recycling in each such
building:
(1) Provide adequate containers for recyclable material. Containers shall be stored on the
premises in a screened location that is convenient for the deposit and collection of
recyclables.
(2) Provide for the separation of all recyclable material generated by or accruing to such
apartment.
(3) Apartment recyclables shall be removed from the premises at a minimum of once each
month.
(4) Fees for Apartment recycling shall be determined by the Apartment Owner or its
Agent and its Recycling Contractor.
Sec. 17-88. Effective date.
The effective date of this Ordinance shall be January 1, 1997. From and after July l, 1996,
recyclables will be collected if sorted in the manner prescribed herein, except that the
requirements set forth in this Ordinance shall not be mandatory, but rather voluntary, until January
l, 1997 when these provisions shall become mandatory.
II.
All ordinances in conflict herewith are hereby repealed.
FIRST READING: June 25, 1996
SECOND READING: July 2, 1996
PUBLISHED: July 8, 1996
CIT OF BROOKINGS .
Mayor
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Finance Officer