Chapter 46
SOLID WASTE*
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Charter references: Adoption of Code of Virginia, §§ 15.1-879 and 15.2-927, authorizing city to collect and dispose of garbage and other refuse, maintain facilities for the disposal of refuse, contract with others for such services, charge collection fees, etc., § 3.
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Article I. In General
Sec. 46-1. Definitions.
Sec. 46-2. Declaration of policy.
Sec. 46-3. Powers and duties of city manager generally.
Sec. 46-4. Right of entry to inspect; inspection warrants.
Sec. 46-5. Rules and regulations.
Sec. 46-6. Uniformity of fees for collections; agreements and charges for services in addition to, or in excess of, regular service.
Sec. 46-7. Other governmental regulations.
Sec. 46-8. Compliance and general penalty for violations.
Secs. 46-9– 46-34. Reserved.
Article II. Collection by City
Sec. 46-35. Duty of property owners; unlawful accumulations on premises.
Sec. 46-36. Regular collection service.
Sec. 46-37. Special collection services.
Sec. 46-38. Special requirements for refuse to be collected.
Sec. 46-39. Refuse not acceptable for collection.
Sec. 46-40. Placement of containers.
Sec. 46-41. Special collections other than at curb.
Sec. 46-42. Scavenging prohibited.
Secs. 46-43– 46-72. Reserved.
Article III. Mandatory Refuse Recycling Program
Sec. 46-73. Mandatory recycling.
Sec. 46-74. Penalties for noncompliance.
Secs. 46-75– 46-91. Reserved.
Article IV. Sanitary Landfill
Sec. 46-92. Disposition by sanitary landfill method.
Sec. 46-93. Use of sanitary landfills by other than city collection force.
Sec. 46-94. When sanitary landfills open.
Sec. 46-95. Refuse originating beyond city.
Secs. 46-96– 46-118. Reserved.
Article V. Solid Waste Container Sites
Sec. 46-119. Regulations.
ARTICLE I. Sec. 46-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Aluminum means beverage cans and clean household aluminum such as pie pans, frozen food containers and foil.
Ashes means the residue from the burning of wood, coal, coke or other combustible materials.
Garbage means putrescible animal or vegetable wastes resulting from the handling, preparation, cooking or consumption of foods.
Glass means blue, green, brown, and clear bottles and jars excluding mirrors, drinking glasses, crystal, heat resistant ovenware, window glass, and automobile glass.
Newspapers mean clean, dry, unbound newsprint and glossy inserts.
Premises means any land, building or other structures, or part thereof, upon or in which refuse is stored.
Recyclable material means the portion of solid waste consisting of glass bottles and jars, aluminum, metal cans (including aluminum, steel, tin or bi-metal combinations) and newspapers which are generated by residential units and which are suitable for recycling under the provisions of this chapter.
Recycling means the process of separating a given waste material from the waste stream and processing it so that it may be used again as a raw material for a product which may or may not be similar to the original product.
Refuse means all solid wastes of the community, including garbage, ashes, rubbish, dead animals, street cleanings and solid market and trade wastes, but not including body wastes or the solid wastes resulting from industrial processes.
Rubbish means nonputrescible solid wastes, such as paper, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery, metals and similar materials.
Trash means that refuse and rubbish, other than garbage, incident to the ordinary conduct of a household, such as tin cans, bottles, and paper, and like items generated by business offices, stores, and other facilities. The term "trash" shall not include tree limbs, hedge clippings, grass, leaves, stones, roofing materials, lumber, or other substances that may accumulate as a result of repairs to the land or buildings.
(Code 1984, § 17.1-1)
Sec. 46-2. Declaration of policy.
It is hereby declared to be the policy of the city to promote the general welfare of the city by regulating the collection and disposal of all refuse.
(Code 1984, § 17.1-2)
Sec. 46-3. Powers and duties of city manager generally.
The city manager, in order to protect the health and safety of the people of the city, shall, by implementing and enforcing the provisions of this chapter, control the collection and disposal of refuse within the city. He shall provide a public refuse collection service from premises, so that the type and usual quantity of refuse can be safely and expeditiously handled by such service and shall regulate the establishment, maintenance and operation of refuse disposal methods and sites.
(Code 1984, § 17.1-3)
Sec. 46-4. Right of entry to inspect; inspection warrants.
Upon presentation of appropriate identification and upon consent of the owner or custodian of the property, the city manager or his designee shall have the right to enter at any reasonable time onto any property to inspect, investigate, evaluate, conduct tests, or take samples for testing as he reasonably deems necessary in order to enforce the provisions of this chapter having to do with the storage and disposal of refuse. If the city manager or his designee is denied entry, he may apply for an inspection warrant authorizing such investigation, inspection, testing, or taking of samples for testing as provided by law.
(Code 1984, § 17.1-4)
Sec. 46-5. Rules and regulations.
The city manager shall have the authority to establish rules and regulations consistent with the provisions of this chapter and other ordinances and resolutions of the city, governing the removal, keeping, collection, and disposal of refuse, garbage, and rubbish. The procedures for the collection of refuse shall be designated by the city manager.
(Code 1984, § 17.1-5)
Sec. 46-6. Uniformity of fees for collections; agreements and charges for services in addition to, or in excess of, regular service.
(a) Where fees are prescribed under this chapter, the city manager shall evaluate the costs of collection and shall fix a fee to be as uniform as possible to cover such service.
(b) The city manager may enter into agreements and fix charges for any service rendered in addition to, or in excess of, regular refuse collection and disposal, such as, but not limited to, hauling of bulk refuse not prepared in accordance with this chapter, hauling of refuse from private premises within the city, and permitting contractors and others to dispose of tree trimmings, waste from building operations, stumps, wire and other refuse from within the corporate limits of the city.
(Code 1984, § 17.1-6)
Sec. 46-7. Other governmental regulations.
The provisions of any applicable federal or state law or regulation shall control to the extent that compliance with this chapter could prevent compliance with a regulation or law of the federal or state government, including solid waste management regulations, hazardous waste management regulation, hazardous materials transportation regulations and infectious waste management regulations.
(Code 1984, § 17.1-7)
Sec. 46-8. Compliance and general penalty for violations.
It shall be unlawful for any person to refuse, fail or neglect to comply with the provisions of article I, II, or IV of this chapter. Any person, firm or corporation violating any of the provisions of this article, upon conviction, shall be found guilty of a Class 1 misdemeanor, and each day's continuation of such violation shall constitute a separate offense.
(Code 1984, § 17.1-8)
Secs. 46-9– 46-34. Reserved.
ARTICLE II. Sec. 46-35. Duty of property owners; unlawful accumulations on premises.
(a) The owner or his agent, or the occupant of any premises within the city, shall be responsible for the sanitary condition of the premises owned, handled or occupied by him.
(b) It shall be unlawful for any person within the city, whether in a commercial or any other area, a vacant lot or a developed lot, to allow garbage, rubbish, ashes, trash, or any other refuse to accumulate on such premises, except in accordance with the provisions of this chapter.
(c) It shall be unlawful for any person to cast, throw, or dump any ashes, garbage, trash, or other rubbish in any streams or drainage areas in the city.
(d) Any person responsible for refuse not acceptable for collection by the regular collection service as set forth in this chapter shall make arrangements for the collection and disposal of such refuse in some other fashion, either by special service handling by the city or by private collection.
(e) Any person placing refuse for collection shall be responsible therefor until it is collected. Any person placing any refuse for collection which violates the provisions of this chapter shall remove such refuse from the public ways forthwith upon notice from the proper officer of the city and the refuse will not be collected by the city. Each day of refusal to remove such refuse after proper notice shall constitute a separate offense.
(Code 1984, § 17.1-9)
Sec. 46-36. Regular collection service.
Regular collections of garbage and trash from households, institution and businesses shall be made once a week as the city manager may direct. Recyclable materials will be collected once a week. Any additional collection services will be provided under section 46-35(d).
(Code 1984, § 17.1-10)
Sec. 46-37. Special collection services.
(a) Brush pickup. Special brush pickup service will be provided on an as needed basis. Tree limbs and brush must be stacked at the curb and not in the gutter. Refuse from tree trimming or removal performed by a contractor will not be picked up by the city.
(b) Leaf pickup. The city will pick up leaves with a mechanical leaf collector or other device from September through December and during the spring clean-up week in April according to a schedule established from time to time by the public works department after considering demand and availability of funds. The city will provide leaf pickup service only for residential locations. The owner or occupant of the property may place leaves in the public rights-of-way for pickup only if the leaves are placed behind the curb or as near the edge of the pavement as possible and in such a manner as not to obstruct use of the sidewalk or the traveled portion of the street or the flow of drainage along gutters and ditches. No person shall place leaves for pickup except in front of property which he owns or on which he resides. Brush, lumber and trash must not be mixed with leaves in order to avoid damage to the collecting machine. Licensed commercial contractors picking up leaves for residents shall be responsible for leaf disposal and shall not place leaves in the public right-of-way for disposal. The city will not pick up leaves left in the public right-of-way by licensed commercial contractors.
(c) Spring and fall cleanup. A special pickup service will operate for a period of one week during April and during October for pickup of furniture, appliances, and building material or other items resulting from home improvements performed by the owner or occupant. Refuse for any work done by a contractor will not be picked up by the city.
(Code 1984, § 17.1-11; Ord. of 7-22-1997, § 1(b))
Sec. 46-38. Special requirements for refuse to be collected.
(a) Guidelines. Ashes, garbage and trash, shall be prepared for collection in accordance with guidelines established by the director of community services.
(b) Garbage. Garbage shall be drained and stored in plastic bags which are closed and tied or in durable, rust-resisting, nonabsorbent, watertight and easily washable containers, which containers shall have close-fitting covers and adequate handles or bails to facilitate collection and which shall be of not more than 20 gallons capacity for households or not more than 30 gallons for businesses. No container plus contents shall weigh more than 50 pounds and shall not be more than level full.
(c) Sharps. Medical needles, syringes, scalpels, devices and pasteur pipettes and similar medical items having a point or sharp edge shall be placed in a container with a high degree of puncture-resistance before being mixed with other refuse.
(d) Ashes. Ashes shall be stored in substantial containers holding not in excess of 50 pounds. No ashes containing hot embers shall be placed for collection.
(e) Miscellaneous rubbish. Miscellaneous rubbish shall be stored in durable containers, which containers shall be neither too bulky nor too heavy for easy and rapid handling. Cardboard boxes must be nested, or flattened and bundled, unless used as containers for other rubbish. Bulky rubbish such as tree trimmings, weeds, etc., shall be bundled so as not to exceed five feet in length, 2 1/2 feet in diameter, or 50 pounds in weight.
(f) Dead animals. Unless otherwise properly disposed of, small dead animals, not exceeding 30 pounds each in weight, which die in the normal course of community activity, excluding animals from a slaughterhouse or other animals normally considered industrial refuse, shall be placed in closed plastic bags in the garbage containers.
(g) Bulky refuse. Bulky refuse such as tree trimmings and leaves shall not be placed or allowed to remain on sidewalks, gutters or streets.
(Code 1984, § 17.1-12)
Sec. 46-39. Refuse not acceptable for collection.
The following refuse shall be considered not acceptable for collection by the city:
(1) Hazardous materials or substances, such as poisons, acids, caustics, infected materials or explosives.
(2) Materials resulting from the repair, remodeling, excavation, construction or cleanup of buildings, structures or grounds, except during spring and fall cleanup such materials will be collected without additional charge under guidelines established by the director of community services.
(3) Liquid wastes or slop.
(4) Ashes containing hot embers.
(5) Materials not prepared for collection in accordance with this chapter.
(6) Solid wastes resulting from industrial processes.
(7) Such other matter as may be prohibited for collection by the city manager pursuant to authority vested in him by section 46-5.
(Code 1984, § 17.1-13)
Sec. 46-40. Placement of containers.
(a) Refuse to be collected under the provisions of this chapter shall not be set out in paper bags of any type, grocery carts, baskets or any type of open containers that are not properly covered or tied.
(b) Containers of refuse to be collected under the provisions of this chapter shall be placed at the sidewalk or curbline of maintained streets, where they can be easily and conveniently reached by collection crews; except that where adequate alleys or space permits, collection may be made from these areas when it has been determined to be more convenient and economical.
(c) Containers of refuse to be collected under the provisions of this chapter shall not be set out earlier than 4:00 p.m. on the date before the next scheduled collection. Containers shall not be set out on Fridays after the scheduled refuse route has been run, on Saturdays, or on days before city holidays.
(d) Containers from which the contents have been collected prior to 1:00 p.m. on any collection day shall be removed by their owners before 6:00 p.m. on the day of collection, and those from which the contents have been collected after 1:00 p.m. on any collection day shall be removed by their owners prior to 8:00 a.m. on the next day following collection. Containers so removed shall be returned to the premises of their owners and screened from view of persons on the same street, adjacent streets and sidewalks.
(e) Upon application to the city manager, disabled and handicapped persons may be exempted by the city manager from the provisions of this section.
(f) It shall be unlawful for any person to place, deposit or allow to be placed or deposited on his premises any refuse, except in accordance with the provisions of this chapter.
(Code 1984, § 17.1-14)
Sec. 46-41. Special collections other than at curb.
The city manager may provide for special collection of refuse other than at the curb in order to avoid an unusual hardship, but in each such situation a fee shall be charged for such collection.
(Code 1984, § 17.1-15)
Sec. 46-42. Scavenging prohibited.
From time of placement at the curb by anyone of the refuse described herein for collection by the city in accordance with the terms of this chapter, items shall be and become the property of the city or its authorized agent. It shall be a violation of this chapter for any person unauthorized by the city to collect or pick up or cause to be collected or picked up any such items. Any and each such collection in violation of this section shall constitute a separate and distinct offense punishable as hereinafter provided.
(Code 1984, § 17.1-16)
Secs. 46-43– 46-72. Reserved.
ARTICLE III. Sec. 46-73. Mandatory recycling.
(a) The occupants of all single-family residences and of all duplexes within the city shall separate recyclable materials and shall place them in designated bins for collection in accordance with this article.
(b) The city shall provide a centralized recycling center for voluntary recycling by businesses and by the occupants of multifamily residential units.
(c) Initially the city will provide free of charge one recycling bin to the occupant of each residential unit. A serial number shall identify to whom the container has been issued. It is intended that the recycling bin remain at the location of the residential unit where it is originally issued. This bin will remain the property of the city. The city will replace bins which have become unusable without fault of the occupant. A replacement bin will be provided when a new occupant moves into a residence and the original bin is missing, but the city will seek reimbursement from the occupant who has moved.
(d) It is the responsibility of the occupant to replace the bin if it is lost, stolen, damaged or not left with the residential address. Additional bins may be purchased from the city at a cost set by the director of community services.
(e) A person shall separate all recyclable material so defined in this chapter and shall place it in approved recycling bins. Glass bottles and jars, aluminum, metal cans (including aluminum, steel, tin or bi-metal combinations) and newspapers should be sorted and placed in the bin. Glass bottles and jars should not be broken before placement in the collection container. Excess newspapers that do not fit in the container should be tied in a bundle and secured against wind and protected against precipitation. The bundle shall not exceed 25 pounds.
(f) A person shall not place recyclable material as defined in this chapter in any refuse receptacle other than an approved recycling bin. Dirty or soiled paper, broken glass or partially filled containers are not to be placed in the recycling bins.
(g) A person shall not use the recycling collection container for any other use except the storing of recyclable items prior to collection. Refuse and trash which is not recyclable shall not be placed in recycling bins.
(Code 1984, § 17.1-17)
Sec. 46-74. Penalties for noncompliance.
(a) Any person who violates any provisions of this article shall be subject to a civil penalty as herein provided. Each day of violation of any requirement shall be considered a separate offense. No criminal penalties shall be imposed for such violations.
(b) It shall be the duty of the recycling coordinator and of the employees of the department of public works to enforce the provisions of this article.
(c) If any person violates the provisions of section 46-95, the employee operating the city refuse truck or the city recycling truck shall attach to the applicable refuse receptacle or bin or to the front door of the residential unit a citation giving notice of violation. The notice of violation shall advise the violator of the nature of the violation, that the violator may pay an uncontested civil fine of $10.00 at the treasurer's office or by mail, and that failure to comply within five days may result in the issuance of a civil warrant seeking a civil fine of $100.00 in the applicable court.
(d) The recycling coordinator upon the issuance of such a citation shall forward a letter by mail containing the information set forth in the citation addressed to the violator at the address of the residential unit where the violation occurred. If payment is not received in the treasurer's office within five days of the mailing of the letter from the recycling coordinator, the office of the treasurer shall notify the violator again by mail that the violator may pay the uncontested civil fine within five days of receipt of such notice. The notice to the violator, required by the provisions of this subsection to be mailed by the office of the city treasurer, shall be contained in an envelope bearing the words, "Law Enforcement Notice" stamped or printed on the face thereof in type at least one-half inch in height.
(e) If payment of the citation is not received by the office of the city treasurer within five days after receipt of a notification violation by the city treasurer as set forth herein, the office of the treasurer shall notify the recycling coordinator that the violator has failed to pay such fine within such time. Upon such notification, after the mailing of such notice by the city treasurer and upon the failure of the violator to pay the uncontested fine within five days of receipt of such notice, the recycling coordinator may cause a summons to be issued through the appropriate court. Any person found guilty of violating this article shall be subject to a civil penalty of $100.00.
(f) In any civil proceeding for violation of this article, there shall be a prima facia presumption that the occupant of the residential unit as shown on the utility records of the city was the person who committed the violation.
(g) The provisions of this article shall impose no liability upon any apartment or commercial office building owner or manager for the failure of tenants to comply with any of such provisions or upon any waste hauler for failure of its customers to comply with such provisions.
(h) In addition to all other available remedies, the city may enjoin the continuing violation of the provisions of this article by proceeding for an injunction brought in the circuit court of the county. Any person violating or failing, neglecting or refusing to obey any such injunction shall be subject in the discretion of the court to a civil penalty not to exceed $750.00 for each violation. Each day of violation of each requirement shall constitute a separate offense. Such civil penalties may, in the discretion of the court assessing them, be directed to be paid into the treasurer of the city.
(i) This article shall not affect the right of any person to sell or otherwise dispose of waste material as provided in Code of Virginia, § 15.2-933 or as permitted under any other law of the commonwealth.
(Code 1984, § 17.1-18)
Secs. 46-75– 46-91. Reserved.
ARTICLE IV. Sec. 46-92. Disposition by sanitary landfill method.
All refuse collected under this chapter shall be disposed of by the sanitary landfill method at such places as the city may provide.
(Code 1984, § 17.1-19)
Sec. 46-93. Use of sanitary landfills by other than city collection force.
(a) When refuse is placed at sanitary landfills operated for the disposition of refuse under this chapter by other than the city refuse collection force, such refuse shall be so placed only under such regulations and upon payment of such fees as shall be established by the city manager and approved by the city council.
(b) The regulations promulgated by the city manager pursuant to subsection (a) of this section may contain a list of substances prohibited to be deposited at any city sanitary landfill, and may limit the dimensions, shape and weight of substances which are permitted to be deposited thereat.
(c) It shall be unlawful for any person to enter or remain upon the premises of any city sanitary landfill while such premises are closed to the public, except by authority of the person then and there in charge for the city or the city manager; and it shall be unlawful for any person to violate any regulation promulgated by the city manager pursuant to subsection (a) of this section or to violate any directive of the person in charge for the city at the site of any city sanitary landfill.
(Code 1984, § 17.1-20)
Sec. 46-94. When sanitary landfills open.
Sanitary landfills operated for the disposition of refuse under this chapter shall be open only at such times as a duly authorized agent or employee of the city is present. The city manager shall prescribe the hours of operation of city landfills.
IN GENERAL
COLLECTION BY CITY
MANDATORY REFUSE RECYCLING PROGRAM
SANITARY LANDFILL