Unless the context
clearly indicates otherwise, the meaning of words and terms as used in this article
shall be as follows:
(a) 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.
(b) Dwelling Unit. Any enclosure, building
or portion thereof occupied by one or more persons for and as living quarters;
(c) Garbage. Waste resulting from the
handling, processing, storage, packaging, preparation, sale, cooking and
serving of meat, produce and other foods and shall include unclean containers;
(d) Multi-Family Unit. Any structure
containing more than four individual dwelling units;
(e) Refuse. All garbage and/or rubbish or
trash;
(f) Residential. Any structure containing
four or less individual dwelling units, rooming houses having no more than four
persons in addition to the family of the owner or operator, and mobile homes;
(g) Rubbish or Trash. All nonputrescible
materials such as paper, tin cans, bottles, glass, crockery, rags, ashes, lawn
and tree trimmings, stumps, boxes, wood, street sweepings and mineral refuse. Rubbish
or trash shall not include earth and waste from building operations or wastes
from industrial processes or manufacturing operations;
(h) Single Dwelling Unit. An enclosure,
building or portion thereof occupied by one family as living quarters.
(i) Solid Waste. All non-liquid garbage,
rubbish or trash.
(Ord. 379; Code 1990)
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.
(Ord. 379; Code 1990)
The city shall have
the right to enter into a contract with any responsible person for collection
and disposal of solid waste.
(Ord. 379; Code 1990)
(a) The owner or occupant of every dwelling unit
or commercial enterprise shall provide at his or her own expense a suitable
container 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.
(b) It shall not be necessary to place books,
boxes, magazines or newspapers in containers if they are tied in bundles or
completely contained in disposable boxes not larger than 24 x 24 x 36 inches or
tree limbs and brush that has been securely tied in bundles not larger than 48
inches long and 18 inches in diameter.
(Ord. 379; Code 1990)
Residential containers
shall have a capacity of not more than 32 gallons not weighing more than 75
pounds when full. They shall be of galvanized metal or other non-rusting
material of substantial construction. Each container shall have a tight fitting
lid and shall be leak-proof and flytight. All containers shall have handles of
suitable construction to permit lifting. Plastic bags not less than 1.5 mills
in thickness may be substituted for residential containers. Plastic bags, when
used, shall be securely closed. Baskets, boxes and noncomplying refuse or
garbage cans or containers may be considered disposable refuse and may be
removed by the authorized collector if they are of a proper size and otherwise
acceptable for collection. The collector may leave uncollected such items if
they are larger than the heretofore described size or are unacceptable for
collection by him or her. All garbage shall be drained of all liquids before
being placed in bags or containers.
(Ord. 379; Code 1990)
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. Doors and lids shall be constructed
and maintained so they can be easily opened. Containers shall be watertight,
leakproof and weather proof construction.
(Ord. 379; Code 1990)
Solid waste
collectors, employed by the city or operating under contract with the city, are
hereby authorized to enter in and upon private property for the purpose of
collecting solid waste therefrom as required by this article.
(Ord. 379; Code 1990)
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 any way pilfer or scatter
contents thereof in any alley or street within the city.
(Ord. 379; Code 1990)
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. 379; Code 1990)
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. 379; Code 1990)
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. 379; Code 1990)
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.
(Ord. 379; Code 1990)
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.
(Ord. 379; Code 1990)
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 or disposal facility approved by
the Kansas State Department of Health and Environment.
(Ord. 379; Code 1990)
(a) It shall be unlawful for any person, except
an employee of the city 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 providing it
is done in such a manner as not to endanger the public health or safety or not
to become an annoyance to the inhabitants of the city, and not to litter the
streets and alleys of the city.
(Ord. 379; Code 1990)
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. 379; Code 1990)
No license shall be
issued unless the applicant shall pay to the city clerk the sum of $10 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. 379; Code 1990)
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. 379; Code 1990)
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.
(Ord. 379; Code 1990)
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.
(Ord. 379; Code 1990)
(a) The base monthly charge as set forth below,
will be assessed against each family unit for the collection and disposal of
refuse, garbage and other solid waste. For the purpose of this article, the
term family unit means one or more persons living together as a single
housekeeping unit whether or not they have joint use of the facilities with
other family units at the same premises. Refuse containers are provided by the
contractor.
Beginning January 1,
2025:
Resident with a 95
gallon cart - $15.50 per month
Resident with a second
95 gallon cart - $22.00 per month
Resident with a 65
gallon cart - $14.00 per month
Resident with second
65 gallon cart - $29.00 per month
Resident with a third
65 gallon cart - $44.00 per month
Commercial service
with a 95 gallon cart -$21. 75 per month
Commercial service
with a second 95 gallon cart - $27.50 per month
Beginning January 1,
2026:
Resident with a 95
gallon cart - $16.00 per month
Resident with a second
95 gallon cart - $23.25 per month
Resident with a 65
gallon cart - $14.75 per month
Resident with second
65 gallon cart - $30.50 per month
Resident with a third
65 gallon cart - $46.50 per month
Commercial service
with a 95 gallon cart - $23.00 per month
Commercial service
with a second 95 gallon cart - $28.75 per month
Beginning January 1,
2027:
Resident with a 95
gallon cart - $16.50 per month
Resident with a second
95 gallon cart - $24.50 per month
Resident with a 65
gallon cart - $15.50 per month
Resident with second
65 gallon cart - $32.50 per month
Resident with a third
65 gallon cart - $49.00 per month
Commercial service
with a 95 gallon cart - $24.25 per month
Commercial service
with a second 95 gallon cart - $30.00 per month
There will be no
service for 55 gallon.
(b) The Governing Body of the City of Whitewater,
Kansas, is hereby authorized to adopt by Resolution a schedule of any new rates
and charges for refuse collection, which any new rates and charges would go
into effect upon passage of such Resolution.
(Ord. 379; Ord. 636; Code
2025)
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. 379; Code 1990)
A request for water
service shall automatically constitute a request for refuse service unless the
family unit notifies the city clerk in writing prior to the 10th day of any
month that their refuse service is to be terminated. In that event, the refuse service
will terminate on the last day of the month in which the notice is received;
provided that the person obtains a permit as required in section 15-415 hereof.
(Ord. 379; Code 1990)
Solid wastes shall be
collected and disposed of not less than once each week and more often where
required to maintain the premises free of nuisance, odor or accumulations or
garbage, insects, flies, rodents, and disease-carrying organisms.
(Ord. 379; Code 1990)
Nothing herein
contained shall be construed as prohibiting construction contractors, tree
surgeons, roofers and other private contractors whose operations result in the
accumulation of refuse from hauling and disposing of accumulations of trash,
rubbish and refuse resulting from their operation.
(Ord. 379; Code 1990)