Chapter 15 · Utilities

Article 5. Solid Waste

Sections 15-501 to 15-527 · 28 sections

15-501 Definitions.

Unless the context clearly indicates otherwise, the meaning of words and terms as used in this article shall be as follows:

(a)Bundle — A package containing rubbish only, not exceeding four feet in its longest dimension and of sufficient strength to permit lifting and carrying of the full weight thereof without spilling or leakage and placed for collection immediately adjacent to the standard container.

(b)Commercial Waste — All refuse emanating from establishments engaged in business including, but not limited to stores, markets, office buildings, restaurants, shopping centers, theaters, hospitals, governments and nursing homes.

(c)Dwelling Unit — Any enclosure, building or portion thereof occupied by one or more persons for and as living quarters.

(d)Garbage — The putrescible animal and vegetable waste that attend the use and preparation of meat, fish, fowl, fruits, or vegetables and tin cans or containers originally used for food stuffs.

(e)Hazardous Wastes — Includes paints, solvents, oils, petroleum products, insecticides, pesticides or any substances listed as environmentally hazardous under current and future Environmental Protection Agency rules and regulations.

(f)Multi-Family Unit — Any structure containing more than four individual dwelling units;

(g)Persons — Any person, firm, partnership, association, corporation, company or organization of any kind.

(h)Recyclables — Includes newsprint, glass, plastics, aluminum and tin cans and other like waste materials which are readily recycled.

(i)Refuse — All garbage, rubbish and trash but shall not include recyclables, yard wastes or hazardous materials.

(j)Residential Unit — A room or group of rooms within a building or structure and forming a single, habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating. A sleeping room only is not a residential unit.

(k)Rubbish — The nonputrescible waste consisting of miscellaneous materials including but not limited to paper, broken crockery, fabrics, coffee grounds, utensils, pliable cartons and boxes, excelsior packing, sweeping of dust and dirt and similar materials.

(l)Solid Waste — All non-liquid garbage or rubbish and trash.

(m)Standard containers — Plastic or galvanized metal containers, water tight, with tight fitting covers, approximately 32 gallons or less in capacity, with cover handle and side bails and not exceeding a weight of 75 pounds when full or plastic refuse bags being of a size comparable to the plastic or metal containers.

(n)Trash — All other putrescible and non-putrescible waste, except body waste, including but not limited to wood, non-pliable cratings, boxes or cartons, wood shavings, metal shavings, solid combustible materials and similar materials, but shall not include any excavation or building materials and other wastes from any construction project.

(o)Yard Wastes — Grass trimmings, leaves, shrubbery, tree trimmings and similar materials which are banned from the Harvey County landfill.

(Ord. 080-1993-011, Sec. 1)

15-502 Collection.

All solid waste accumulated within the city shall be collected, conveyed and disposed of by the city or by contractors specifically authorized to collect and dispose of solid waste or by persons authorized to dispose of their own refuse and garbage.

(Ord. 080-1982-002, Sec. 2; Code 1990)

15-503 Contracts.

The city shall have the right to enter into a contract with any responsible person for collection and disposal of solid waste.

(Ord. 080-1982-002, Sec. 3; Code 1990)

15-504 Duty of owner, occupant.

The owner or occupant of every dwelling unit or commercial enterprise shall use containers provided by the city authorized contractor for the storage of solid waste as provided in this article. No owner or occupant shall permit to accumulate quantities of refuse or other waste materials within or close to any structure within the city unless the same is stored in approved containers and in such a manner as not to create a health or fire hazard.

(Ord. 080-1982-002, Sec. 4; Code 1990)

15-505 Containers.

(a)Plastic bags manufactured for garbage and refuse disposal that are available for purchase from the city authorized contractor may be substituted for residential containers. Plastic bags, when used, shall be securely closed. All garbage shall be drained of all liquids before being placed in bags or containers.

(b)Boxes, books, magazines, or other such paper products which are not readily recyclable must be placed in containers or bags supplied by the city authorized contractor.

(c)Tree limbs, brush and grass clippings shall not be deposited in containers or bundles for collection. The materials are yard wastes and must be disposed of according to section 15-510a.

(Ord. 080-1993-011, Sec. 1; Code 2007)

15-506 Bulk containers.

On premises where excessive amounts of refuse accumulates or where cans or bags are impractical bulk containers for the storage of refuse may be used. Containers shall have a capacity and shall be equipped with appurtenances for attaching mechanical lifting devices which are compatible with the collection equipment being used. Containers shall be constructed of durable rust and corrosion resistant material which is easy to clean. All containers shall be equipped with tight fitting lids or doors to prevent entrance of insects or rodents and shall be kept closed at all times except when depositing materials in the container or removing the contents thereof. Doors and lids shall be constructed and maintained so they can be easily opened. Containers shall be watertight, leakproof and weather proof construction.

(Ord. 080-1982-002, Sec. 4; Code 1990)

15-507 Location of containers.

Containers shall be placed and maintained as follows:

(a)On the day designated for collection service in the residential areas, all approved bags or containers shall be placed by the occupant at the side of the curb in the front of the residential unit. At all other times the containers shall be placed and kept by the occupant at a suitable place on the premises.

(b)All containers or enclosures in the commercial and industrial area shall be kept or placed at a suitable on-premises location.

(Ord. 080-1982-002, Sec. 5; Code 2007)

15-508 Ownership of solid waste.

Ownership of solid waste when placed in containers by the occupants or owners of premises upon which refuse accumulates, shall be vested in the city and thereafter shall be subject to the exclusive control of the city, its employees or contractors. No person shall meddle with refuse containers or in anyway pilfer or scatter contents thereof in any alley or street within the city.

(Ord. 080-1982-002, Sec. 7(f); Code 1990)

15-509 Wrapping garbage.

All garbage shall be drained of all excess liquid, and wrapped in paper or other disposable container before being placed in solid waste containers.

(Ord. 080-1982-002, Sec. 5; Code 1990)

15-510 Heavy, bulky waste.

Heavy accumulations such as brush, tree limbs, broken concrete, sand or gravel, automobile frames, dead trees, and other bulky, heavy materials shall be disposed of at the expense of the owner or person controlling same.

(Ord. 080-1982-002, Sec. 11; Code 1990)

15-510a Yard waste disposal.

No person shall deposit in a solid waste container or otherwise offer for collection any yard wastes. The proper disposal of yard wastes shall be the sole responsibility of the occupant but nothing within this article shall limit a contractor’s ability to collect and properly dispose of yard wastes for an additional charge to the occupant.

(Ord. 080-1993-011, Sec. 1)

15-511 Hazardous materials.

No person shall deposit in a solid waste container or otherwise offer for collection any hazardous garbage, refuse, or waste. Hazardous material shall include:

(a)Explosive materials;

(b)Rags or other waste soaked in volatile and flammable materials;

(c)Chemicals;

(d)Poisons;

(e)Radio-active materials;

(f)Highly combustible materials;

(g)Soiled dressings, clothing, bedding and/or other wastes, contaminated by infection or contagious disease;

(h)Any other materials which may present a special hazard to collection or disposal personnel, equipment, or to the public.

(Ord. 080-1982-002, Sec. 7(e); Code 1990)

15-512 Prohibited practices.

It shall be unlawful for any person to:

(a)Deposit solid waste in any container other than that owned or leased by him or under his control without written consent of the owner and/or with the intent of avoiding payment of the refuse service charge;

(b)Interfere in any manner with employees of the city or its contractors in the collection of solid waste;

(c)Burn solid waste except in an approved incinerator and unless a variance has been granted and a written permit obtained from the city or the appropriate air pollution control agency;

(d)Bury refuse at any place within the city except that lawn and garden trimmings may be composted.

(e)Permit to accumulate on any premises, improved or vacant, or on any public place in the city, such quantities of garbage or refuse either in containers or not that shall in the opinion of the health officer constitute a health or sanitary hazard;

(f)Permit to accumulate quantities of refuse, paper, trash, ashes or other waste materials within or close to any building in the city unless the same is stored in containers in such manner as not to create a health or fire hazard;

(g)No person shall upset, turn over, remove or carry away any container or mutilate or damage such container in any manner.

(Ord. 080-1982-002, Sec. 7; Code 1990)

15-513 Objectionable waste.

Manure from cow lots, stables, poultry yards, pigeon lofts and other animal or fowl pens, and waste oils from garages or filling stations shall be removed and disposed of at the expense of the person controlling the same and in a manner consistent with this article.

(Code 1990)

15-514 Unauthorized disposal.

No person shall haul or cause to be hauled any garbage, refuse or other waste material of any kind to any place, site or area within or without the limits of the city unless such site is a sanitary landfill, transfer point, burn site or disposal facility approved for such materials by the Kansas State Department of Health and Environment.

(Ord. 080-2005-026, Sec. 1; Code 2007)

15-515 Private collectors; license required.

(a)It shall be unlawful for any person, except an employee of the city or contractor specifically authorized for that purpose, to collect or transport any solid waste within the city, without securing a license from the city.

(b)Nothing herein shall be construed to prevent a person from hauling or disposing of his or her own solid waste provided he or she obtains a valid private collectors license issued by the city.

(Ord. 080-1982-002, Sec. 10; Code 1990)

15-516 Same; application.

Any person desiring to collect or transport solid waste within the city shall make application for a license to the city clerk. The application shall set forth the name and address of the applicant, the make and type of vehicle to be operated for collecting and transporting solid waste. The application shall be accompanied by a certificate of inspection and approval of said vehicle by the county health officer issued not more than 15 days prior to the date of application.

(Ord. 080-1982-002, Sec. 10; Code 1990)

15-517 Same; fee.

No license shall be issued unless the applicant shall pay to the city clerk the sum of $100.00 per annum for each vehicle used in the collection and transportation of solid waste. The permit shall be effective only for the calendar year and shall expire on December 31st of the calendar year in which said permit is issued.

(Ord. 080-1993-011, Sec. 1; Code 1990)

15-518 Same; insurance.

The applicant shall provide a certificate of public liability insurance in the amount of $100,000 for any one person, $300,000 for more than one person, and $100,000 property damage on each vehicle to be used in such service. Such policies of insurance shall be issued by some insurance company authorized to do business in the State of Kansas. A private collector may qualify as to the insurance requirements by filing a certificate with the city clerk executed by the resident agent of such company stating that the required policy of insurance has been issued by such company for the purpose required by this article and that such insurer will not cancel the policy except upon giving 30 days notice in writing to the city; and that the certificate shall be filed for an annual period beginning January 1 and ending December 31 of each year.

(Ord. 080-1982-002, Sec. 100; Code 1990)

15-519 Same; number to be displayed.

The city clerk shall issue a license receipt together with a number, which shall be painted on each vehicle. Said number shall be conspicuously placed upon the vehicle in a place and position to be clearly visible and in a condition to be clearly legible. The number shall be used only on the vehicle for which it is issued.

(Code 1990)

15-520 Closed vehicle.

Any vehicle used by any person for the collection and transportation of solid waste shall be maintained in a good mechanical condition. Vehicle shall be equipped with an enclosed covered body to prevent the contents leaking or escaping therefrom. Only tree trimmings or brush may be transported in open-bodied vehicles provided the material is securely tied in place to prevent scattering along the streets and alleys.

(Ord. 080-1982-002, Sec. 2; Code 1990)

15-521 Rules and regulations.

The collection and transportation of trash and waste materials shall be at all times under the general supervision of the mayor or his or her duly authorized agent, who shall have the authority by and with the consent of the governing body to make additional rules and regulations not inconsistent with the terms and provisions of this article requiring that the collection and transportation of trash and waste materials shall be conducted in such manner as not to endanger the public health, or to become an annoyance to the inhabitants of the city, and providing for a proper fee to be charged to the customer.

(Code 1990)

15-522 Failure to secure license.

Any person who shall conduct or operate within the city limits any vehicle for the purpose of collecting and transporting solid waste without first obtaining a license as required by this article or who shall violate the terms and provisions of this article shall be deemed guilty of a violation of this code and upon conviction thereof shall be punished as provided in section 1-116.

(Code 1990)

15-523 Charges.

The city shall establish and collect a service charge to defray the cost and maintenance of the collection and disposition of solid waste within the city.

(Code 1990)

15-524 Same; fee schedule.

Each residential unit shall pay $21.50 per month, which includes a weekly collection of solid waste and twice-monthly collection of recyclable materials in a standard container provided by the contractor.

(Ord. 080-2022-022; Ord. 080-2023-023; Ord. 080-2025-024; Ord. 080-2025-025)

15-525 Billing.

Solid waste charges shall be billed monthly and shall be included on water or utility bills. No payment shall be accepted on utility bills except for the full amount billed for all services. Delinquent solid waste bills shall carry the due dates, grace periods and penalties as water bills.

(Ord. 080-1987-008, Sec. 1; Code 1990)

15-526 Same; delinquent account.

In the event the owner or occupant of any property shall fail to pay the solid waste bills within 60 days following the date upon which it becomes due, the city clerk shall annually certify such unpaid bills to the county clerk as a lien upon the property. The lien shall be collected subject to the same regulations and penalties as other property taxes are collected.

(K.S.A. 65-3410; Code 1990)

15-527 Frequency of removal.

Collection of garbage and refuse shall be as follows:

(a)Garbage and refuse shall be collected and removed once each week from residential areas by the city through its contractor.

(b)In commercial and industrial areas the occupant or owner of the premises shall provide for the collection and disposal of garbage and refuse accumulations from the premises at such frequent intervals as will prohibit the accumulation of garbage or refuse in such quantities which in the opinion of the health officer would constitute a health or sanitation hazard. Such collection and disposal may be by contract with a licensed collector or by the occupant or owner having a permit therefor as hereinafter provided.

(Ord. 080-1982-002, Sec. 6)