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ORDINANCE NO. 17,262
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AN ORDINANCE REPEALING CHAPTER 28 OF THE LITTLE
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ROCK, ARK. REVISED CODE OF ORDINANCES AND
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ADDING A NEW CHAPTER 28 RELATING TO CONTROLLING
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THE STORAGE, COLLECTION, TRANSPORTATION,
TREATMENT, PROCESSING, AND DISPOSAL OF ALL
RESIDENTIAL SOLID WASTE GENERATED WITHIN THE
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CITY OF LITTLE ROCK, ARKANSAS, AND FOR OTHER
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PURPOSES.
PURPOSES.
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WHEREAS, the City of Little Rock, Arkansas ("the City"),
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pursuant to the provisions of the Arkansas Solid Waste
Management Act, is required to provide a solid waste
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management system which will adequately provide for the
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collection and disposal of all solid wastes generated or
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existing within the incorporated limits of the municipality
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or in the area to be served.
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WHEREAS, the providing of the required solid waste
management system will be furthered by the revision of the
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City's solid waste ordinance.
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NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF DIRECTORS
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OF THE CITY OF LITTLE ROCK, ARKANSAS:
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SECTION 1. Little Rock, Ark. Rev. Code § 28 -1 (1988) is
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hereby repealed and the following language is substituted as
a new Section 28 -1.
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DEFINITIONS.
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WASTE COMPONENT.
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(a), The following definitions identify the various
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components of the waste stream:
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(1) Animal Waste: Includes waste from stables, kennels,
pet pens, chicken coops, veterinary establishments and others
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of a similar nature.
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(2) Ashes: All tangible residue from the burning of
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wood, coal coke and other combustible material in dwelling
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units including fireplaces, incinerators and barbecue pits
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for the purposes of heating, cooking and disposing of
combustible material, but does not include ashes from medical
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waste, hazardous waste or special materials waste.
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(3) Bulk Waste: Includes manufactured items such as
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appliances, furniture and other household generated waste
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that is not expressly prohibited from collection by this
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Chapter. Bulk waste includes, but is not limited to, like
1 items with weight or volumes greater than allowed in approved
2 containers.
(4) Combustible Waste: Consists of miscellaneous
3 burnable materials and is the organic component of solid
4 waste.
5 (5) Commercial Solid Waste: All types of solid waste
6 generated by stores, offices, restaurants, warehouses and
7 other non- manufacturing activities, excluding household,
industrial and institutional waste.
8 (6) Construction Waste: All solid waste building
9 materials including, but not limited to, dirt, rocks,
10 concrete and brick, asphalt, lumber and processed wood
11 products, roofing, sheetrock and plaster, doors and windows
12 that result from construction, remodeling and repair of
commercial, institutional and industrial establishments,
13 dwelling units, garages, pavements, streets, alleys,
14 trenches, ditches, underground utilities, excavations and
15 other structures.
16 (7) Contained Solid Waste: All garbage and yard waste
17 generated by a household that is placed in the prescribed
container for collection.
18 (8) Demolition Waste: Solid waste material resulting
19 from the demolition or razing of buildings, and other
20 man -made structures, excluding friable asbestos materials or
21 other materials excluded by federal or state environmental
22 laws and regulations.
(9) Friable Asbestos Material: Any material containing
23 more than one percent (1 %) asbestos by content that hand
24 pressure can crumble, pulverize or.reduce to powder when dry,
25 or has the potential to.become friable when broken, crushed,
26 sanded, sawed or cut.
27 (10) Garbage: Solid wastes from the domestic and
commercial preparations, cooking and disposal of food, and
28 from the handling, storage and sales of produce.
29 (11) Hazardous Waste: Any chemical, compound, mixture,
30 substance, product or other material which is hazardous waste
31 pursuant to the Arkansas Hazardous Waste Management Act of
32 1979, as amended and Arkansas Department of Pollution Control
& Ecology ( "ADPC &E ") Regulation 23, Sections 260.10 and
33 261.3, as may be amended.
34 (12) Hot Load: Any vehicle carrying solid waste
35 observed to be smoldering, smoking, on fire, giving off toxic
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odor or leaking a caustic substance:
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(13) Household Hazardous Waste: Household waste that is
excluded as a hazardous waste pursuant to ADPC &E Regulation
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23, Section 261.4(b)(1), as may be amended.
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(14) Household Waste: Any solid waste (garbage, trash
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and sanitary wastes in septic tanks) derived from households,
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including single and multiple residences, hotels and motels,
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bunkhouses, ranger stations, crew quarters, campgrounds,
picnic grounds and day -use recreation areas.
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(15) Industrial Solid Waste: Solid waste generated by
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manufacturing or industrial processes that is not a hazardous
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waste regulated under Subtitle C of the,Resource Conversation
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and Recovery Act ( "RCRA ") or as defined by ADPC &E Regulation
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23, Sections 260.10 and 261.3, as may be amended. Such waste
may include, but is not limited to, waste resulting from the
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following manufacturing processes: Electric power
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generation; fertilizer or agricultural chemicals; food and
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related products or related by- products; inorganic
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chemicals; iron and steel manufacturing; leather and
leather products; nonferrous metals manufacturing or
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foundries; organic chemicals; plastics and resins
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manufacturing; pulp and paper industry; rubber and
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miscellaneous plastic products; stone, glass, clay, and
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concrete products; textile manufacturing; transportation
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equipment; and water treatment. This term does not include
mining waste or oil and gas waste.
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(16) Infectious Solid Waste: Laboratory wastes,
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including pathological specimens (i.e., all tissues,
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specimens of blood elements, excreta and secretions obtained
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from patients and laboratory animals) and disposal fomites
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(any substance which may harbor or transmit pathogenic
organisms) attendant thereto. Such term also means surgical
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operating room pathologic specimens and disposal fomites
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attendant thereto and similar disposal materials from
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outpatient areas and emergency rooms, including equipment,
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instruments, utensils and fomites of a disposal, nature from
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the rooms of patients who are suspected to have, or have been
diagnosed as having, a communicable disease and must,
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therefore, be isolated, as required by public health
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agencies.
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(17) Institutional Solid Waste: Any solid waste as
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defined in this Chapter produced by schools, churches,
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1 prisons and other entities not categorized as commercial or
2 industrial.
(18) Medical Solid Waste: A waste from health care
3 related facilities which if improperly treated, handled or
4 disposed of may serve to transmit an infectious disease(s),
5 as defined in Ark. Code Ann. § 20 -32 -101, as may be amended.
6 (19) Obnoxious Materials: Any solid waste that, when
7 exposed to open air, is unpleasant or offensive to the senses
due to its odor or condition.
8 (20) Putrescible Solid Waste: Solid waste which
9 contains organic matter capable of being decomposed by
10 microorganisms and of such a character and proportion as to
11 be capable of attracting or providing food for birds and
12 other potential disease vectors.
(21) Recyclables: Any solid waste including, but not
13 limited to, metals, glass or paper products that can be
14 recovered from other solid waste for the purpose of being
15 collected and recycled under the City's recycling program.
16 Recyclables include such materials from the solid waste
17 stream that can. be recovered for reuse in present or
reprocessed form.
18 (22) Recovered materials: Includes, but is not limited
19 to, metal, paper, glass, plastic, textile, yard trimmings or
20 rubber materials that have known recycling potential, can be
21 feasibly recycled, and have been diverted and source
22 separated or have been removed from the solid waste stream
for sale, use or reuse as raw materials, whether or not the
23 materials require subsequent processing or separation from
24 each other, but does not include materials destined for any
25 use that constitutes disposal. Recovered materials as
26 described above are not solid waste for purposes of this
Chapter.
27 (23) Recycling: The systematic collection, sorting,
28 decontaminating and returning of waste materials to commerce
29 as commodities for use or exchange by separating or diverting
30 an item or items from the solid waste stream for the purpose
31 of processing it or causing it to be processed into a
32 material product, including compost, in order to provide for
the final disposition of the material product in a manner
33 other than landfilling or incineration.
34 (24) Sludge: Any solid, semisolid or liquid waste
35 generated from a municipal, commercial or industrial
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1 wastewater treatment plant, water supply treatment plant or
2 air pollution control facility exclusive of the treated
effluent from a wastewater treatment plant.
3 (25) Solid Waste: Any garbage or refuse, sludge from a
4 wastewater treatment plant, water supply treatment plant, or
5 air pollution control facility, and other discarded material,
6 including dead animals weighing less than one hundred (100)
7 pounds. Solid waste also includes solid, liquid, semisolid,
8' or contained gaseous material resulting from industrial,
commercial, mining, and agricultural operations and from
9 community activities, but does not include solid or dissolved
10 materials in domestic sewage, or solid or dissolved materials
11 in irrigation return flows or industrial discharges that are
12 point sources subject to permit under 33 U.S.C. § 1342, or
source, special nuclear, or by- product material as defined by
13 the Atomic Energy Act of 1954, as amended (68 Stat. 923).
14 (26) Special Materials Waste: Any materials that
15 require special handling precautions and disposal procedures
16 by the landfill owner or operator beyond the normal
17 activities associated with landfill operations. Special
materials waste includes those items listed in ADPC &E
18 Regulation 22, Chapter 7, as amended, and other process
19 wastes and conditionally exempt small quantity generator
20 wastes requiring special handling procedures.
21 (27) Tires: An item that in its primary form is, or
22 was, a continuous solid or pneumatic rubber covering which is
used for encircling the wheel of any vehicle.
23 (28) Uncontained Solid Waste: Yard waste and bulk waste
24 too large for placement in prescribed containers for
25 collection.
26 (29) Vehicle Parts: Includes automobile body panels,
27 chassis, engines, transmissions or any other large components
of vehicles.
28 (30) Wood Waste: Includes sawdust, wood chips, boards,
29 posts and other materials generated bye or a waste by- product
30 of� wood construction, demolition and wood -using
31 manufacturing operations.
32 (31) Yard Waste: Grass clippings, leaves, shrubbery
trimmings, tree branches and other natural debris from grass,
33 plants, trees or shrubs.
34 SOLID WASTE CONTAINERS.
35 (b) The following definitions identify the various solid
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I waste containers:
2 (1) Degradable Bag: A bag made of paper with a chemical
additive used for containing solid waste and which can be
3 composted.
4 (2) Plastic Bag: A disposable plastic sack of
5 sufficient strength that will safely handle solid waste
6 materials.
7 (3) Recycling Container: A container owned by the City
S or its designee and made available to residents for their
usage as part of the City's recycling program.
9 (4) Roll -Off Bin: A rectangular metal container varying
10' in size available upon request for special clean -ups. Bins
11 are designed so that they can be loaded and unloaded by a
12 truck equipped with a tilt frame and hoist mechanism.
(5) Solid Waste Container:
13 (A) A City owned supercart made available to
14 each household for its usage as part of the
15 City's mechanical contained solid waste
16 collection system.
17 (B) A privately owned plastic or galvanized
container not to exceed thirty -two (32)
18 gallons capacity with handles and approved
19 for collection of solid waste.
20 (6) Supercart: A City owned plastic solid waste
21 container with attached lid, wheels and integral pick -up
22 attachments for utilization with semi - automated or fully
automated collection systems.
23 SOLID WASTE COLLECTION SYSTEM.
24 (c) The following definitions identify the solid waste
25 collection systems:
26 (1) Manual Solid Waste Collection System: A solid waste
27 collection system utilizing manual labor to load solid waste.
Materials may not exceed sixty (60) pounds weight, including
28 the container.
29 (2) Mechanical Solid Waste Collection System: A solid
30 waste collection system utilizing City specified or City
31 provided containers for collection by solid waste vehicles
32 equipped with lifting devices.
(3) Private Solid Waste Collection System: Solid waste
33 collection operations owned and operated by private
34 individuals or corporations holding a privilege tax license
35 issued by the City.
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1 (4) Recycling Collection System: A solid waste
2 collection system utilizing manual labor to load designated
recyclables from City provided recycling containers.
3 SOLID WASTE GENERATING UNITS.
4 (d) The following definitions identify the various solid
5 waste generating units:
6 (1) Apartments: Any building or portion thereof which
7 is designed, built, tented, leased, let or hired out to be
occupied, or which is occupied as the home or residence of
S more than two families living independently of each other and
9 doing their own cooking in said building. Such term shall
10 include flats.
11 (2) Churches: Any building clearly identified and used
12 as a place of religious worship:
(3) Commercial, Industrial or Institutional
13 Establishments: Includes any building, structure or premises
14 not defined as a dwelling unit in this section.
15 (4) Condominiums: A single real property parcel with
16 all the unit owners having a right in common to use the
17 common elements with separate ownership confined to the
individual units which are serially designated.
18 (5) Dwelling or Dwelling Unit: Any room or group of
19 rooms located within a structure forming a single habitable
20 unit with facilities which are used or intended to be used
21 for living, sleeping, cooking, eating and sanitation by one
22 family. Such term includes, but is not limited to, single
dwelling units, multi - dwelling units, apartments, townhouses,
23 condominiums, rooming houses, boarding houses and mobile
24 homes.
25 (6) Family: In addition to customary domestic servants,
26 either:
27 (A) An individual or two (2) or more persons
related by blood, marriage or adoption,
28 maintaining a common household in a
29 dwelling unit; or
30 (B) A group of not more than four (4) persons
31 who need not be related by blood,
32 marriage or adoption, living together as
a common household in a dwelling unit;
33 or
34 (C) Two (2) or more persons with a handicap
35 as defined in the Fair Housing Act
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I Amendments of 1988, 42 U.S.C. § 3601
2 (1994), as amended, living as a single
housekeeping unit. .
3 (7) Multi - Dwelling Units: Any building, or portion
4 thereof, which is designed, built, rented, leased, let or
5 hired out to be occupied, or which is occupied as the home or
6 residence of two or more living groups that reside
7 independently of each other and doing their own cooking in
8 the building. "Multi- Dwelling Unit" includes, but is not
limited to, flats and apartments, as well as the following:
9 (A) Duplex: Any building or structure under
10 one roof that contains two separate
11 dwelling units, usually with individual
12 egress or ingress.
(B) Triplex: Any building or structure under
13 one .roof that contains three separate
14 dwelling units. Usually with individual
15 egress or ingress.
16 (C) Fourplex: Any building or structure
17 under one roof that contains four
separate dwelling units. Usually with
18 individual egress or ingress.
19 (D) Rooming, lodging and boarding facility:
20 A building or establishment which
21 provides for more than four (4) but fewer
22 than sixteen (16) persons and may provide
meal service. The building or facility
23 shall be so arranged as to permit passage
24 between all living elements such as
25 dining, kitchen and bathrooms. Detached
26 units or private access accommodations
27 are not permitted.
(E) Group Care Facility: A facility
28 providing shelter, counseling and other
29 rehabilitative services to more than six
30 (6) but fewer than sixteen (16) residents
31 and not more than three (3) staff or
32 supervisory personnel. The facility shall
be licensed or approved by the State of
33 Arkansas.
34 (8) Non - Profit Agencies: Any entity organized or
35 incorporated for purposes other than generating profit, such
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as a charitable, scientific or literary organization. Such
entities include, but are not limited to, Goodwill
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Industries, Union Rescue Mission and the Salvation Army.
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(9) Premises: Land, buildings or other structures, or
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parts thereof, where solid waste is stored or accumulated.
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(10) Public Buildings: All structures or buildings
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owned by governmental agencies.
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(11) Public Housing: All buildings owned or operated by
a governmental agency to provide living quarters to eligible
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residents.
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(12) Residence: A building or part of a building
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containing one or more dwelling units or rooming units.
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"Residence" does not include:
(A) Such transient accommodation as a transient hotel,
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motel, tourist home or similar establishment; or
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(g) A dormitory, fraternity or sorority house,
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monastery or convent or similar establishment
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containing group living or sleeping accommodations;
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or
(C) Nurses' residence,. sanitarium, nursing home,
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convalescent home, rest home or other sleeping or
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living accommodations in a community facility
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building or portion of a building used for
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community facility use.
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(13) Rooming Unit: Any room or group of rooms forming a
single habitable unit used for, or intended to be used for,
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living and sleeping, but not for cooking or eating purposes.
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"Rooming Unit" shall be construed as if followed by the words
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"or part thereof."
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(14) Schools: All public and private buildings used for
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pre - school, elementary, junior high school, high school,
specialized or higher education purposes.
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(IS) Single Dwelling Unit: A dwelling designed for and
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occupied by not more than one family.
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(16) Townhouses: All individually owned dwelling units
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with five or more units normally having two, but sometimes
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three, stories; usually connected to a similar structure by
a common wall, and commonly sharing and owning in common the
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surrounding grounds.
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MISCELLANEOUS DEFINITIONS.
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(e) The following are miscellaneous terms that are used
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within this solid waste ordinance:
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(1) Alley: A public or private right -of -way primarily
designed to serve as a secondary access to the side of or
rear of properties whose principal frontage is on some other
street.
(2) Chapter: Chapter 28, Solid Waste, contained in the
City of Little Rock, Ark. Revised Code of Ordinances.
(3) City: City of Little Rock, Arkansas.
(4) City Disposal Facility: A landfill, disposal site,
disposal facility or material recovery site or facility owned
by the City or owned and operated by another person under
contract with the City at which solid waste is dumped,
abandoned, accepted or disposed of for final disposition by
incineration, landfilling, composting or any other method.
(5) Class T Landfill: A solid waste facility that
accepts non - hazardous household, commercial and industrial
solid waste as defined herein; and small quantities of
conditionally exempt hazardous wastes.
(6) Class IV Landfill: A solid waste facility that
accepts non - hazardous bulky, inert, non - putrescible solid
wastes that do not degrade, or degrade very slowly. Class IV
wastes include, but are not limited to, construction and
demolition waste, appliances, furniture, stumps, limbs and
other bulky wastes that are not normally collected with other
household or commercial waste.
(7) Composting: The deliberate aerobic, biological
decomposition of yard waste or other solid waste, resulting
in a stable humus -like product.
(8) Composting Facility: A facility that accepts yard
waste or other solid waste for an aerobic, biological
decomposition of such waste.
(9) Disposal: Abandoning, depositing, releasing,
dumping, spilling, leaking or placing of any solid waste into
or on any land or water so that such solid waste or any
constituent thereof may enter the environment or be emitted
into the air or discharged into any water. Disposal does not
including composting.
(10) Disposal Facility: Any place at which solid waste
is dumped, abandoned, or accepted or disposed of for final
disposition by incineration, landfilling, composting or any
other method.
(11) Hauler: A person engaged in the collection or
transportation of solid waste for disposal or storage.
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1 "Hauler" does not include a person transporting his or her
2 household waste to a permitted disposal facility.
(12) Illegal Dumpsite: Any .place at which wastes
3 defined in this Chapter are placed, deposited, abandoned,
4 dumped or otherwise disposed of in a manner that is
5 prohibited by this Chapter or other statues, rules or
6 regulations, and which constitute one (1) or more of the
7 following:
(A) Attractive nuisance;
8 (B) Public or private nuisance;
9 (C) Fire, health or safety hazard;
10 (D) Potential sources of surface or groundwater
11 contamination; or
12 (E) Other contamination that is hazardous to the public
health or endangers the environment.
13 (13) Imminent.Health or Safety Hazard: A condition of
14 real property, uncontained solid waste, solid waste container
15 or recycling container that places a persons, life, health,
16 safety or property in high risk of peril when such condition
17 is immediate, impending on the point of happening and
menacing.
18 (14) Incineration: A controlled process by which solid
19 waste is burned and changed into gases and residue produced
20 which is relatively free of combustible materials.
21 (15) Incinerator: All enclosed devices intended or used
for the reduction or destruction of solid waste.
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(16) Landfill: A discrete area of land or an excavation
23 that is permitted by ADPC &E that receives solid waste for
24 disposal, and that is not a land application unit, surface
25 impoundment, injection well or waste pile, as those terms are
26 defined under 40 C.F.R..§ 257.2, as amended.
27 (17) Material Recovery Facility: A solid waste handling
facility that provides for the extraction from mixed solid
28 waste of recoverable materials, materials suitable for use as
29 a fuel or soil amendment or any combination of such
30 materials.
31 (18) Material Processing Facility: A composting
32 facility, transfer station, solid waste material recovery
facility or other facility that handles or processes solid
33 waste, but does not otherwise provide for the ultimate
34 disposal of the solid waste by landfilling, composting or
35 incineration.
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1 (19) Person: Any individual, corporation, company,
2 firm, partnership, association, trust, state agency,
government instrumentality or agency, institution, county,
3 city, town, municipal authority or trust, venture or other
4 legal entity, however organized.
5 (20) Public Works Department: The Department of the
6 City charged with the responsibility of administering all
7 federal, state and municipal laws, regulations and ordinances
8 pertaining to the utilization of .public right -of -way.
(21) Public Works Director: The chief administrator of
9 the Public Works Department.
10 (22) Pulaski County Regional Solid Waste Management
11 District: A regional solid waste management district formed
12 pursuant to Ark. Code Ann. §'8 -6 -701, as may be amended,
comprised of representatives from each separate governmental
13 entity within Pulaski County charged with regulating all
14 solid waste operations within its boundaries.
15 (23) Responsible Party: An owner, operator, occupant,
16 resident, lessor, manager, licensee or other person having
17 control over a structure or parcel of land.
(24) Right -of -Way: An area of land deeded, reserved by
18 plat or otherwise accepted and maintained by the City, the
19 County or the State for public use, including, but not
20 limited to, a street, sidewalk, alley, crosswalk, railroad or
21 utility service.
22 (25) Solid -Waste Fee: A fee assessed by the City for
any solid waste services provided by the City Manager or
23 designee.
24 (26) Transport: The movement of wastes from the point
25 of generation to any intermediate points, and finally to the
26 point of ultimate storage or disposal.
27 (27) Vehicle: Every device capable of being moved upon
a public highway and in, upon, or by which any persons or
28 property is or may be transported or drawn upon a public
29 highway, excepting devices moved by human or animal power or
30 used exclusively upon stationary rails or tracks.
31 SECTION 2. POWERS AND DUTIES OF THE CITY MANAGER.
32 (a) The City Manager or designee is empowered to
implement and enforce the provisions of, this Chapter. The
33 City Manager or designee is further authorized and directed
34 to provide public solid waste disposal facilities for solid
35 waste originating within the City, so that the usual types
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1 and quantity of solid waste can be safely and expeditiously
2 handled.
(b) The City Manager or designee may impose operational
3 regulations on the disposal processes, such as determining
4 character and kinds of solid waste authorized for disposal at
5 a City disposal facility, routing of traffic, and designating
6 time and location that dumping may occur at City disposal
7 facilities. Any such regulations shall be conspicuously
8 displayed or shall be published as a part of this Chapter.
Nothing in this ordinance is intended or shall be construed
9 so as to infringe or supplant the authority of the Pulaski
10 County Regional Solid Waste Management District, the ADPC &E
11 or the United States Environmental Protection Agency.
12 (c) Rules and regulations imposed by the City Manager or
designee which are consistent with and supplementary to this
13 Chapter may be changed or amended from time to time by the
14 City Manager or designee and shall become a part. of this
15 Chapter.
16 SECTION 3. SOLID WASTE RESPONSIBILITY.
17 The responsible party of any dwelling unit or commercial
establishment shall be responsible for the sanitary condition
18 of said premises and for the proper storage, containment and
19 placement for collection of all wastes as defined in this
20 Chapter.
21 SECTION 4. HAULING SOLID WASTE.
(a) It ,shall be in violation of this Chapter for any
22 person engaged in the business of collecting, transporting or
23 disposing of solid waste to haul such waste along any public
24 street, alley or right -of -way in. the City unless the
25 materials are contained in vehicles or receptacles so
26 constructed so as to prevent the waste from falling, leaking,
27 blowing, dropping, spilling, or otherwise departing from the
vehicle. Solid waste that could depart from a vehicle shall
28 be transported in an enclosed vehicle or be completely
29 covered. The solid waste shall be suitably enclosed or
30 covered so as to prevent roadside littering, attraction of
31 disease vectors or creation of other nuisances.
32 (b) Care shall be taken in the loading and
transportation of solid waste so that none of the material is
33 left either on private property or on the streets or alleys.
34 The City recognizes that an occasional emergency or hot load
35 may require the unloading of solid waste from a solid waste
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1 collection vehicle. Solid waste may be unloaded for emergency
2 purposes if, and only if, all solid waste unloaded is
recollected within two (2) hours of the unloading, unless
3 prohibited by emergency response personnel. The area must be
4 litter free after the recollection, and the unloading shall
5 not obstruct traffic.
6 (c) All solid waste haulers shall be duly licensed in
7 accordance with Ark. Code Ann. S 8 -6 -721, as may be amended,
8 and ADPC &E Regulation 22, as amended.
SECTION 5. ILLEGAL DISPOSAL OF SOLID WASTE.
9 It shall be a violation of this Chapter for any person
10 to illegally dispose, or cause to be illegally disposed, any
11 wastes as defined in this Chapter:
12 (A) In or upon any public or private highway or road,
including any portion of the right -of -way thereof;
13 (g) In or upon any private property into or upon which
14 the public is admitted by easement or license, or any private
15 property;
16 (C) In or upon any public park, or other public
17 property, other than the property designated or set aside for
waste disposal by the governing board or body having charge
18 thereof; or
19 (D) Upon any property for which a waste disposal permit
20 has not been issued by the ADPC &E.
21 SECTION 6. ANIMAL WASTE.
22 Animal waste shall be disposed of in the following
manner:
23
(a) .Animal waste from small animals or
24 pets shall be placed in a plastic
25 bag, securely tied, and then placed
26 in an approved solid waste
27 container.
(b) Animal waste from larger animals,
28 such as horses and other livestock,
29 may be placed out for collection
30 provided such waste is completely
31 dry, placed in a plastic bag,
32 securely tied and placed in an
approved solid waste container.
33 All animal waste shall be removed from pens, stables, yards,
34 cages and other enclosures and disposed of as described in
35 this Section or by composting as often as necessary to
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1 prevent the occurrence of a public nuisance, public health or
2 safety hazard or an environmental hazard.
SECTION 7. COMPOSTING OF SOLID WASTE.
3 (a) All composting activities shall be conducted in
4 accordance with ADPC &E Regulation 22, as amended. Small
5 composting operations conducted by a person treating yard
6 waste, organic wastes or animal waste taken solely from that
7 person's personal residence or property shall be conducted in
a manner not to constitute a public or private nuisance to
8 other persons or property owners either adjacent to or in the
9 vicinity of the composting operation.
10 (b) Animal waste or garbage shall be covered with a
11 layer of. soil of sufficient quantity to avoid being a
12 nuisance.
SECTION 8. UNOBSTRUCTED ACCESS.
13 (a) It is the responsibility of the
14 responsible party to trim trees, brush
15 and shrubbery on their property and in
16 the adjacent right -of -way when such
17 vegetation interferes with the movement
of pedestrians or vehicles, specifically
18 solid waste collection vehicles.
19 (b) There shall be no street obstruction in
20 any manner within three (3) feet on
21 either .side of a City provided solid
22 waste container placed out for
collection, nor shall there be any
23 obstruction between the solid waste
24 container handle and the street.
29 (c) The Solid Waste Collection Section shall
26 receive notice. of any excavation,
construction,. repairs or utility work
27 that will necessitate the closure of any
28 street or alley, with dates and locations
29 of closure, at least twenty -four (24)
30 hours prior to commencing work. In
31 emergency situations, the Solid Waste
Collection Section shall be notified the
32 next working day of locations and length
33 of expected closure.
34 (d) Recycling containers shall not be placed
35 on top or in front of City provided
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1 supercarts.
2 SECTION 9. VARIANCES.
The City Manager or designee may grant exceptions to any
3 Section of this Chapter based on circumstances such as, but
4 not limited to, physical limitations, terrain difficulties or
5 right -of -way accessibility. All requests for variances will
6 be considered on a case -by -case basis.
7 SECTION 10. COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL
SOLID WASTE CONTAINMENT.
8 (a) Each commercial, industrial and institutional
9 establishment shall contract with any licensed hauler for the
10 storage, collection and disposal of all solid waste. Each
11 such establishment shall have on location storage containers
12 of sufficient capacity to contain all solid waste between
collection cycles. Containers shall be constructed of
13 durable, non - absorbent,' non - combustible material with
14 suitable water tight covers. Covers shall be kept closed
15 except when containers are being loaded or emptied. All
16 containers shall be maintained in a sanitary condition.
17 Containers shall not be stored or maintained in such a manner
as to constitute a public nuisance, public health or safety
18 hazard or environmental hazard. The containers shall be
19 placed in such a manner as to minimize visibility from
20 streets or pedestrian walkways.
21 (b) All solid waste generated by commercial, industrial
22 and institutional establishments is prohibited from being
deposited, or disposed of; in any City provided container
23 unless collection service is being provided to such
24 establishment by the City or its designee.
25 SECTION 11. 'DEPOSITING SOLID WASTE OTHER THAN IN
26 AUTHORIZED CONTAINERS.
27 It shall be unlawful for any person to keep solid waste
or animal waste unless the waste is kept as prescribed in
28 this Chapter or is being composted as prescribed by this
29 Chapter and ADPC &E Regulation 22, as may be amended. No
30 person or entity shall be permitted to bury, dump or deposit,
31 or cause to be buried, dumped or deposited, solid waste of
32 any kind whatsoever upon any street, alley or property for
which a permit has not been issued by the ADPC &E.
33 SECTION 12. USE OF SOLID WASTE CONTAINER(S) ASSIGNED TO
34 ANOTHER PERSON.
35 It shall be a violation of this Chapter for any person
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to utilize
a solid waste container(s) assigned to another
person for disposal
of solid waste without the other person's
2
permission.
3
SECTION
13. LIQUIDS TO BE DRAINED.
4
Putrescible
solid waste shall be drained of all liquids
5
and placed in
waterproof bags that are securely tied before
6
being placed
in solid waste containers.
7
SECTION
14. LIDS OR COVERS ON CONTAINERS.
The lids
or covers of any solid waste container shall be
8
kept secure
in such a manner so as to prevent intrusion of
9
moisture, insects,
rodents and the littering or scattering of
10
solid waste.
11
SECTION
15. DISTURBING CONTENTS OF CONTAINERS.
12
It shall
be a violation of this Chapter for:
(a)
Any person not authorized by the City to
13
utilize, for other than its intended
14
purpose, any supercart provided by the
15
City.
16
.(b)
Any person not authorized by the
responsible party to remove, collect or
17
disturb any solid waste stored in
18
containers placed out for collection by
19
the City or its designee.
20
(c)
Any person to scatter, litter, drop,
21
deposit, discard or otherwise dispose of
solid waste upon any private or public
22
property.
23
(d)
Any person not authorized by the City to
24
remove or disturb any recyclables placed
25
out for collection by the City or its
26
designee.
SECTION
16. SOLID WASTE CONTAINMENT AND DISPOSAL
27
REQUIREMENTS.
28
(a)
All responsible parties using or
29
occupying any dwelling unit, commercial,
30
industrial or institutional
31
establishment, or grounds within the
corporate limits of the City shall
32
contain all putrescible solid waste in
33
bags that are securely tied prior to
34
depositing into a City provided
35
supercart.
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(b)
All loose yard waste including, but not
limited to, grass, weeds, leaves and
2
vegetation clippings must be (1) placed
3
in any approved solid waste container 5 c 8
4
other than a City provided supercart,
5
provided the container and contents do
6
not exceed sixty (60) pounds or be (2)
bagged and securely tied before being
7
placed at the designated collection site.
8
(c)
Explosives of any kind, such as small
9
arms ammunition, black powder, blasting
10
agents, compressed gas cylinders or any
11
kind of flammable materials shall not be
12
placed in any solid waste container.
(d)
Construction and demolition waste
13
resulting from, the construction,
14
reconstruction, demolition, remodeling or
15
repair of premises will not be collected
16
by the City. All such materials shall not
be placed with other solid waste. Such
17
debris and solid waste is the
18
responsibility of the dwelling units'
19
responsible party for removal and
20
proper disposal.
21
(e)
Wood waste, tires and vehicle parts will
not be collected by the City. Such
22
materials shall not be placed with other
23
solid waste and is the responsibility of
24
the dwelling units' responsible party for
25
removal and proper disposal.
(f)
Ashes will be collected if they have been
26
soaked with water to extinguish any live
27
embers and are then securely tied in bags
28
before depositing into a solid waste
29
container. Ashes from medical waste
30
hazardous waste or special materials
31
waste will not be collected by the City.
(g)
It is the container users' and
32
responsible parties' responsibility to
33
keep the area around the solid waste
34
container continuously free and clear of
35
all debris. If the property has alley
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collection service, then the term area
includes that portion of the alley
2
adjacent to the property. This alley
3
clearance requirement shall be in
4
addition to any.other responsibilities
5
the property owner has with respect to
6
alleys.
7
(h)
All boxes and large pieces of cardboard
shall be broken down or cut up prior to
8
placement in solid waste containers.
9
(i)
No bulk waste shall be placed in solid
10
waste containers.
11
(j)
No yard waste shall be placed in City
provided supercarts.
12
(k)
No yard waste, bulk waste, medical waste,
13
household waste or garbage shall be
14
placed into recycling containers.
15
(1)
No medical waste, infectious waste,
16
sharps, needles or lancets will be
collected by the City.
17
SECTION
17. SOLID WASTE COLLECTION SERVICE; SERVICE
18
UNITS.
19
The City
will provide solid waste collection service to
20
the following:
(a)
Single dwelling units.
21
(b)
All apartments, including group care
22
facilities, with less than five (5) units.
23
(c)
Upon request, apartments with five (5) or more
24
units which have been receiving City solid
25
waste collection services continuously since
26
March 3, 1983.
(d)
Upon request, apartments converted to
27
condominiums.
28
(e)
Commercial, industrial and institutional
29
establishments upon request and approval of
30
the City Manager or designee.
31
(f)
A carry -out service for persons with
32
disabilities residing in dwelling units
receiving City solid waste collection and
33
recycling service. This service is provided at
34
no additional charge to an individual(s) who
35
is disabled and is thus incapable of conveying
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their solid waste or recycling container to
the designated collection location. The City
2
Manager or designee shall verify that an
3
individual(s) meets the aforementioned
4
criteria upon receipt of a request for
5
carry -out service. Prior to receiving this
6
service, the requester may be required to
7
produce reasonable evidence of disability.
This service does not include collection
8
personnel entering the dwelling unit to
9
provide such service'.
10
(g) Curbside recycling service will be provided to
11
all dwelling units that are provided solid
12
waste collection service by the City or its
designee.
13
SECTION 18. MECHANICAL SOLID WASTE COLLECTION SYSTEM.
14
(a)
Except as designated by the City Manager or
15
designee, the mechanical solid waste collection
16
system will be the method of collection for
household waste collection service provided to
17
citizens in the City. Where it is impractical for
18
City collection vehicles to operate due to terrain
19
or other conditions, an alternate collection method
20
will be provided.
21
(b)
The City will specify and purchase solid waste
containers for each dwelling unit. Containers may
22
be used only for the storage of solid waste
23
materials collected by the City.
24
(c)
Only City provided supercarts shall be used for
25
collection of household waste. only items placed
26
within the supercart will be collected. Additional
cans, or bags separate from the supercart, will not
27
be collected.
28
(d)
A single container will be issued to each dwelling
29
unit. An additional container may be issued upon
30
request.
31
(e)
All City provided containers shall remain the
property of the City. The City is responsible for
32
repairs to City owned containers when damage is a
33
result of proper disposal of solid waste pursuant
34
to this Chapter.
35
(f)
Containers shall be stored between collection so as
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1 not to impede pedestrian or vehicular traffic along
2 sidewalks, alleys, streets, and other
right -of -ways.
3 SECTION 19. MANUAL SOLID WASTE COLLECTION SYSTEM.
4 (a) Except as specified by the City Manager or
5 designee, the manual solid waste collection system
6 shall be the collection system utilized for the
7 collection of yard waste.
(b) City provided supercarts shall not be used for yard
8 waste storage and collection.
9 (c) Limbs, branches and other vegetation will be
10 collected, provided individual pieces are no longer
11 that six (6) feet in length, are six (6) inches or
12 smaller in diameter, and weigh no more than sixty
(60) pounds.
13 (d) No yard waste or containers shall be placed so as
14 to impede pedestrian or vehicular traffic along
15 sidewalks, alleys, streets and other public
16 right -of -ways.
17 (e) All recyclables shall be placed in, approved
recycling containers only. Materials shall be
18 prepared in accordance with instructions outlined
19 on the recycling container.
20 (f) No recycling containers shall be placed so as to
21 impede pedestrian or vehicular traffic along
sidewalks, alleys, streets or other public
22 right -of -ways.
23 SECTION 20. DISPOSAL IN DESIGNATED AREAS.
24 (a) Persons, businesses, firms or corporations under
25 contract with the City for the hauling and disposal of
26 construction, demolition.or other solid waste shall dispose
of the solid waste in a legally permitted solid waste
27 disposal facility.
28 (b) Persons, businesses, firms, corporations and
29 governmental agencies shall be permitted to dispose of
30 authorized solid waste at the City Landfill facility upon
31 payment of a tipping fee.
SECTION 21. CITY MANAGER POLICIES.
32 The City Manager, or designee, shall develop policies to
33 facilitate the orderly collection of solid waste and
34 recyclables. These policies shall be reviewed at least
35 annually and any proposed amendments to this ordinance shall
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591
1
be
recommended. In addition to any other matters, the
2
policies should include the following:
(a)
Solid waste containers should be placed within five (5)
3
feet of the street edge for collection.
4
(b)
Containers should not be placed out for collection prior
5
to 4:00 p.m. the day preceding the normal _collection
6
day. The containers should be removed by midnight the
7
day of completion of solid waste collection.
(c)
The responsible party at each dwelling unit is
8
responsible for maintaining the sanitary condition of
9
solid waste containers.
10
(d)
All loose materials may be placed in either heavy -duty
11
plastic bags that do not exceed forty (40) pounds,
12
including contents, or in approved solid waste
containers with handles that do not exceed thirty -two
13
(32) gallons in capacity nor weigh more than sixty (60)
14
pounds, including the container.
15
(e)
All yard waste materials and containers should be placed
16
within five (5) feet of the street edge for collection.
(f)
Yard waste and yard waste containers may be placed out
17
for collection with no restriction on the day or time of
18
such placement.
19
(g)
Unless otherwise indicated, all recyclables will be
20
collected utilizing a manual collection system.
21
(h)
Recycling containers should be placed out for collection
within five (5) feet of the street edge.
22
(i)
Recycling containers should not be placed out for
23
collection prior to 4:00 p.m. the day preceding the
24
normal collection day. Recycling containers should be
25
removed by midnight the day of completion of recycling
26
collection.
(j)
Unless otherwise approved, all recyclables should be
27
collected from the street in front of each dwelling
28
unit.
29
SECTION 22. LANDFILL USER REQUIREMENTS.
30
(a) Landfill users must obey all traffic signs and stay
31
on designated roadways at all times.
(b) Landfill users are to follow all instructions given
32
to them by any landfill personnel.
33
(c) Landfill personnel will determine the weight of
34
solid waste for calculating applicable tipping
35
fees.
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593
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(d) Landfill users will dump solid waste only in the
2
designated area as directed by landfill personnel.
(e) No alcohol beverages are permitted on the landfill
3
site.
4
(f) All users of the landfill facility must be dressed
5
in appropriate attire (i.e. no thongs, sandals or
6
bare feet) for public health and safety reasons.
7
(g) Landfill personnel have the right to inspect any
load and may disallow dumping of non - authorized
8
solid waste.
9
(h) Children and pets must remain in the vehicle at all
10
times.
11
(i) No person engaged in the business of hauling and
12
disposing of solid waste will be allowed access to
the City landfill until such time that they have
13
been issued a hauler's license by the Pulaski
14
County Regional Solid Waste Management District and
15
have affixed the annual permit visibly on the
16
driver's side door of the solid waste collection
vehicle.
17
(j) Access to the City landfill is permitted only
18
during the hours when landfill operating personnel
19
are on the site.
20
(k) Violation of these requirements may lead to
21
permanent expulsion from the City landfill
facility.
22
SECTION 23. HAZARDOUS WASTE.
23
Pursuant to ADPC &E Regulation 22, Section 22.701(b), as
24
amended, materials known to be hazardous waste are restricted
25
from disposal at the City of Little Rock's Sanitary Landfill
26
Facility.
SECTION 24. FRIABLE ASBESTOS MATERIALS.
27
Asbestos material wastes shall be handled in accordance
28
with Federal National Emission Standards for Hazardous Air
29
Pollutants ( NESHAP ) regulations in the removal,
30
containerizing, storage and transporting of the materials.
31
Such wastes shall also be handled, contained, stored,
transported and disposed according to the requirements of
32
ADPC &E Regulation 22, 40 C.F.R. § 61, Subparts A and M, as
33
amended, and 29 C.F.R. § 1910, as amended.
34
SECTION 25. LANDFILL FEES.
35
The following tipping fees shall be charged for disposal
36
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1 of approved solid waste at the City Landfill Facility:
2 (a) Class I Waste: Each ton of waste - thirty
3 dollars ($30.00), with a minimum charge of
twenty five dollars ($25.00) per load.
4 (b) Class IV Waste: Each ton of waste - twenty
5 five dollars ($25:00), with a minimum charge
6 of fifteen dollars ($15.00) per load.
7 (c) Yard Waste: Each ton of waste - thirty
8 dollars ($30.00), with a minimum charge of
fifteen dollars ($15.00) per load.
9 (d) Asbestos: Each. ton of waste - one hundred
10 twenty dollars ($120.00), with a minimum
11 charge of one hundred dollars ($100.00) per
12 load.
13 No load or any part thereof shall be permitted to be dumped,
or otherwise disposed of, at the City Landfill without paying
14 the tipping fee.
15 SECTION 26. SURCHARGE FOR DUMPING SOLID WASTE AT THE
16 CITY LANDFILL.
17 All applicable state and solid waste district surcharge
fees will be added to existing fees and charges assessed at
18 the City Landfill.
19 SECTION 27. NECESSITY FOR COLLECTION FEES.
20 In order to provide for the protection of the public
21 health, safety and welfare of the citizens of Little Rock, a
22 schedule of fees for the recovery of costs associated with
solid waste management is established.
23 SECTION 28. COLLECTION FEES.
24 (a) Each dwelling unit will be charged without exception
25 the sum of thirteen dollars and twenty -five cents ($13.25)
26 per month. Each billing unit will be provided a'single City
27 owned solid waste container (supercart). Fees will be
collected monthly and billed on the statement for water for
28 said premises and be the debt and obligation of the person,
29 firm, or corporation in whose name the water meter is listed.
30 (b) Commercial, industrial and institutional
31 establishments utilizing City collection services will be
32 charged a fee of six dollars ($6.00) per cubic yard of solid
waste handled, but not less than a minimum charge of
33 twenty -four dollars ($24.00) per month. Such fees will be
34 collected monthly and be billed on the statement for water
35 for the premises served and shall be the debt and obligation
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1 of the person, firm or corporation in whose name the water
2 meter is listed.
(c) Individual dwelling units may request additional
3 City provided solid waste containers. Each additional City
4 provided solid waste container will be billed at the rate of
5 seven dollars ($7.00) per month per container and will be
6 billed for a minimum of three (3) months.
7 SECTION 29. INSPECTION OF CONTAINERS.
Provision shall be made for regular inspections of solid
8 waste containers by the City Manager or designee to insure
9 compliance with this Chapter with reference to containment of
10 solid waste. A notice of violation shall be issued by the
11 City Manager or designee, to the responsible party of the
12 property upon which violations occur. Notification shall
consist of tagging the solid waste container with clear
13 indication as to the nature of the violation.
14 SECTION 30. ISSUANCE OF CITATIONS.
15 The City may issue a notice of violation to any person,
16 business, firm, corporation or governmental agency violating
17 any provisions of this Chapter. If the violation has not been
corrected within the specified time period, a citation may be
18 issued.
19 SECTION 31. PENALTY FOR VIOLATIONS OF THIS CHAPTER.
20 In addition to any civil penalties that may be
21 authorized by law, any person, business, firm, corporation or
22 governmental agency found in violation of any provisions of
this Chapter shall be subject to the penalties in accordance
23 with Section 1 -9.
24 SECTION 32. CONFLICT WITH OTHER ORDINANCES.
25 If any provision of this Chapter is in conflict with any
26 portion of other City Ordinances, this Chapter shall prevail
27 with respect to any matters relating to solid waste.
SECTION 33. SEVERABZLITY.
28 In the event any title, subtitle, section, subsection,
29 subdivision, paragraph, subparagraph, item, sentence, clause,
30 phrase or word of this ordinance is declared or adjudged to
31 be invalid or unconstitutional, such declaration or
32 adjudication shall not affect the remaining portions of this
ordinance which shall remain in full force and effect as if
33 the portion so declared or adjudged invalid or
34 unconstitutional was not originally a part of this ordinance.
35
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ADOPTED: August 20, 1996
ATTEST:QQ��.0 "[�C.
ROBB1CDCR "T
CITY CLERK
APPROVED AS TO FORM:
�-
THOMAS M. CARP ER
CITY ATTORNEY
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