HomeMy WebLinkAbout2021-06-30-213A1
ASSESSING OF FEES OR CHARGES FOR THE COLLECTION, PROCESSING AND
MARKETING OF SOLID WASTE AND RECYCLABLE MATERIALS
§213A.1 Purpose. The purpose of this ordinance is to provide for the collection and disposal
of fees or charges to pay for expenses incurred in the collection, processing and marketing of solid
waste and recyclable materials in Waukee.
§213A.2 Definitions. For use in these chapters the following terms are defined:
1. “Collector” means any person authorized to gather solid waste from public
and private places pursuant to Chapter 213 of the Waukee Municipal Code.
2. “Director” means the director of the State Department of Natural Resources
or any designee.
(Code of Iowa, Sec. 455B.101[2b])
3. “Discard” means to place, cause to be placed, throw, deposit or drop.
(Code of Iowa, Sec. 455B.361[2])
4. “Dwelling unit” means any room or group of rooms located within a structure
and forming a single habitable unit with facilities which are used, or are
intended to be used, for living, sleeping, cooking and eating.
5. “Garbage” means all solid and semisolid, putrescible animal and vegetable
waste resulting from the handling, preparing, cooking, storing, serving and
consuming of food or of material intended for use as food, and all offal,
excluding useful industrial by-products, and includes all such substances
from all public and private establishments and from all residences.
(IAC, 567-100.2)
6. “Landscape waste” means any vegetable or plant waste except garbage. The
term includes trees, tree trimmings, branches, stumps, brush, weeds, leaves,
grass, shrubbery and yard trimmings.
(IAC, 567-20.2[455B])
7. “Litter” means any garbage, rubbish, trash, refuse, waste materials or debris.
(Code of Iowa, Sec. 455B.361[1])
8. “Owner” means, in addition to the record titleholder, any person residing in,
renting, leasing, occupying, operating or transacting business in any premises,
and as between such parties the duties, responsibilities, liabilities and
obligations hereinafter imposed shall be joint and several.
9. “Refuse” means putrescible and non-putrescible waste, including but not
limited to garbage, rubbish, ashes, incinerator residues, street cleanings,
market and industrial solid waste and sewage treatment waste in dry or
semisolid form.
(IAC, 567-100.2)
10. “Residential premises” means a single-family dwelling and any multiple-
family dwelling up to and including two (2) separate dwelling units.
11. “Residential waste” means any refuse generated on the premises as a result of
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residential activities. The term includes landscape waste grown on the
premises or deposited thereon by the elements, but excludes garbage, tires,
trade wastes and any locally recyclable goods or plastics.
(IAC, 567-20.2[455B])
12. “Rubbish” means non-putrescible solid waste consisting of combustible and
non-combustible waste, such as ashes, paper, cardboard, tin cans, yard
clippings, wood, glass, bedding, crockery or litter of any kind.
(IAC, 567-100.2)
13. “Sanitary disposal” means a method of treating solid waste so that it does not
produce a hazard to the public health or safety or create a nuisance.
(IAC, 567-100.2)
14. “Sanitary disposal project” means all facilities and appurtenances including
all real and personal property connected with such facilities, which are
acquired, purchased, constructed, reconstructed, equipped, improved,
extended, maintained, or operated to facilitate the final disposition of solid
waste without creating a significant hazard to the public health or safety, and
which are approved by the Director.
(Code of Iowa, Sec. 455B.301)
15. “Solid waste” means garbage, refuse, rubbish, and other similar discarded
solid or semisolid materials, including but not limited to such materials
resulting from industrial, commercial, agricultural, and domestic activities.
Solid waste may include vehicles, as defined by subsection one of Section
321.1 of the Code of Iowa.
(Code of Iowa, Sec. 455B.301)
§213A.3 Sanitary Disposal Required. It is the duty of each owner to provide for the
sanitary disposal of all refuse accumulating on the owner’s premises before it becomes a nuisance.
Any such accumulation remaining on any premises for a period of more than seven (7) days shall be
deemed a nuisance and the City may proceed to abate such nuisances in accordance with the
provisions by initiating proper action in district court.
§213A.4 Health and Fire Hazard. It is unlawful for any person to permit to accumulate on
any premises, improved or vacant, or on any public place, such quantities of solid waste that
constitute a health, sanitation or fire hazard.
§213A.5 Separation of Yard Waste Required. All yard waste shall be separated by the
owner or occupant from all other solid waste accumulated on the premises and shall be composted
on the premises or placed in acceptable containers. As used in this section, “yard waste” means any
debris such as grass clippings, leaves, garden waste, brush and trees. Yard waste does not include
tree stumps.
§213A.6 Littering Prohibited. No person shall discard any litter onto or in any water or
land, except that nothing in this section shall be construed to affect the authorized collection and
discarding of such litter in or on areas or receptacles provided for such purpose. When litter is
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discarded from a motor vehicle, the driver of the motor vehicle shall be responsible for the act in any
case where doubt exists as to which occupant of the motor vehicle actually discarded the litter.
(Code of Iowa, Sec. 455B.363)
§213A.7 Open Dumping Prohibited. No person shall dump or deposit or permit the
dumping or depositing of any solid waste on the surface of the ground or into a body or stream of
water at any place other than a sanitary disposal project approved by the Director, unless a special
permit to dump or deposit solid waste on land owned or leased by such person has been obtained
from the Director. However, this section does not prohibit the use of dirt, stone, brick or similar
inorganic material for fill, landscaping, excavation, or grading at places other than a sanitary disposal
project.
(Code of Iowa, Sec. 455B.307 and IAC, 567-100.2)
§213A.8 Toxic and Hazardous Waste. No person shall deposit in a solid waste container
or otherwise offer for collection any toxic or hazardous waste. Such materials shall be transported
and disposed of as prescribed by the Director. As used in this section, “toxic and hazardous waste”
means waste materials, including but not limited to, poisons, pesticides, herbicides, acids, caustics,
pathological waste, flammable or explosive materials and similar harmful waste which requires
special handling and which must be disposed of in such a manner as to conserve the environment and
protect the public health and safety.
(IAC, 567-100.2)
(IAC, 567-102.14[2] and 400-27.14[2])
§213A.9 Waste Storage Containers. Every person owning, managing, operating, leasing or
renting any premises, dwelling unit or any place where refuse accumulates shall provide and at all
times maintain in good order and repair portable containers for refuse in accordance with the
following:
1. Container Specifications. Waste storage containers shall comply with the
following specifications:
A. Residential. Residential waste containers as provided by the contract
hauler. Said container(s) shall remain the property of the hauler and
shall remain at the property at all times. The property owner shall be
responsible for maintaining the container in good working order and
shall be responsible for the costs of replacing any container that
becomes un-useable for any reason whatsoever in the hauler’s sole
discretion, or is lost or stolen.
B. Commercial. Every person owning, managing, operating, leasing or
renting any commercial premises where an excessive amount of
refuse accumulates and where its storage in portable containers as
required above is impractical, shall maintain metal bulk storage
containers approved by the City.
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2. Storage of Containers. Residential solid waste containers shall be stored
upon the residential premises. Commercial solid waste containers shall be
stored upon private property, unless the owner has been granted written
permission from the City to use public property for such purposes. The
storage site shall be well drained; fully accessible to collection equipment,
public health personnel and fire inspection personnel. All owners of
residential and commercial premises shall be responsible for proper storage
of all garbage and yard waste to prevent materials from being blown or
scattered around neighboring yards and streets.
3. Location of Containers for Collection. Containers for the storage of solid
waste awaiting collection shall be placed at the curb or alley line by the
owner or occupant of the premises served. Containers or other solid waste
placed at the curb line shall not be so placed more than twelve (12) hours in
advance of the regularly scheduled collection day and shall be promptly
removed from the curb line following collection.
4. Nonconforming Containers. Solid waste containers (other than the ones
provided by the City) which are not adequate will be collected together with
their contents and disposed of after due notice to the owner. Residential
Waste Containers whether they be reusable, portable containers or heavy-duty
disposable garbage bags, shall be of sufficient capacity, and leakproof and
waterproof. The total weight of any container and contents shall not exceed
fifty (50) pounds. Disposable containers shall be securely fastened, and
reusable containers shall be fitted with a fly-tight lid which shall be kept in
place except when depositing or removing the contents of the container.
Reusable containers shall also be lightweight and of sturdy construction and
shall have suitable lifting devices.
§213A.10 Exclusive Disposal Site Designation. All unrecycled solid waste generated
within the city shall be transported to the Metro Park West (North Dallas Landfill) unless written
permission is received from the Landfill to dispose of said waste at another permitted site.
May 18, 2009 – Ordinance 2646
March 22, 2010 – Ordinance 2665
§213A.11 Recycling Program. The collection of recyclable materials from residential
premises shall be provided in accordance with an agreement entered into with Waste Management
and in accordance with the rules and regulations of the recycling program as established by North
Dallas Landfill Commission. Recyclables shall be separated by the owner or occupant from all other
solid waste, shall be prepared in accordance with said rules and regulations and placed in recycling
containers supplied by City of Waukee and set out for collection.
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§213A.12 Provision for Collection. The City Council may by contract or otherwise, provide
for the collection, processing and marketing of solid waste and recyclable materials in Waukee.
§213A.13 Collection Charges. The fees or charges to pay for expenses incurred in the
collection, processing and marketing of solid waste, and yard waste to be collected between April 1
and November 30 each year, and recyclables shall be:
A.For each single family residence and a dwelling of two (2) or more, the
fees will be$17.00 per month beginning July 1, 2019.
B.Any multi-family dwelling containing four (4) or more units having a
commercial type of container serviced by a commercial hauler must follow
Waukee Municipal Code provisions relating thereto, covering the
mandating of Recycling at Apartments. A fee of three dollars ($3.00) per
month, per unit, will be billed by and paid to the City.
C.Changes in provisions for fees set out in this ordinance may be made by
resolution of the City Council.
April 21, 2008 – Ordinance 2628
May 5, 2014 – Ordinance 2762
April 4, 2016 – Ordinance 2804
April 15, 2019 – Ordinance 2926
§213A.14 Collection Fees - Due Date - Penalty. All disposal and recycling fees or charges
shall be due and payable monthly on the 20th day of the month. In the event any person fails to pay
such fee or charge after it becomes due and payable, such fee or charge shall be considered
delinquent and a penalty of one and one-half percent of such fee or charge shall be added thereto.
§213A.15 Delinquent Charges - Collection and Penalties. All disposal and recycling fees
or charges including penalties described under §213A.16 and §213A.17 shall constitute a lien upon
the real property of the premises served until such fees or charges are paid and shall constitute a debt
and obligation of the record owner(s) of the property and of the person(s) occupying such premises,
to the City. Such lien and charges may be certified by the City Clerk to the County Treasurer and
collection in the same manner as taxes.
Any partial payments made on delinquent accounts shall be prorated to the charges on the utility
bill for natural gas, water, sewer, garbage and recycling services in the same ratio as each utility
charge bears to the total bill.
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§213A.16 Violation - Penalty. Any person, firm or corporation violating any of the
provisions of this ordinance shall, upon conviction thereof, be punished by a fine of not more
than seven hundred fifty dollars ($750.00) or imprisonment in the County Jail for not more than
thirty days. Every day of such violation shall constitute a separate offense.
August 7, 1995 – Ordinance 2207
June 3, 2002 – Ordinance 2386
October 6, 2003 – Ordinance 2432
March 14, 2005 – Ordinance 2507
Chapter repealed, replaced in entirety March 20, 2006 – Ordinance 2570