Chapter 5-Solid Waste Control

Article A




6-5A-1 PURPOSE. The purpose of this Chapter is to provide for the sanitary storage, collection and disposal of solid wastes and regulate the burning of solid wastes within the city limits; and thereby, to protect its citizens from such hazards to their health, safety and general welfare as may arise from the uncontrolled disposal of solid wastes or the uncontrolled burning of such solid wastes.

6-5A-2 DEFINITIONS. For the purpose of this Chapter, the following terms shall have the meanings indicated below:

1. “Backyard burning” means the disposal of residential waste by open burning on the premises of the property where such waste is generated.

2. “Chimney or stack” means any flue, conduit or duct permitting the discharge or passage of air contaminants into the open air, or constructed or arranged for this purpose.

3. “Garbage” means all solid and semisolid putrescible and nonputrescible animal and vegetable wastes resulting from the handling, preparing, cooking, storing and serving of food or of material intended for use as food, but excluding recognized industrial by-products.

4. “Incinerator” means a combustion apparatus designed for high temperature operation in which solids, semisolid, liquid or gaseous combustible refuse is ignited and burned efficiently, and from which the solid residues contain little or no combustible material.

5. “Landscape waste” means any vegetable or plant wastes except garbage. The term includes trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery and yard trimmings.

6. “Odor” means that which produces a response of the human sense of smell to an odorous substance.

7. “Open burning” means any burning of combustible materials where the products of combustion are emitted into the open air without passing through a chimney or stack.

8. “Particulate matter” means any material, except uncombined water, that exists in a finely divided form as a liquid or solid at standard conditions.

9. “Refuse” means garbage, rubbish and all other putrescible and nonputrescible wastes, except sewage and water-carried trade wastes.

10. “Residential waste” means any refuse generated on the premises as a result of 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.

11. “Rubbish” means all waste materials of nonputrescible nature.

12. “Smoke” means gas-borne particles resulting from incomplete combustion, consisting predominantly, but not exclusively, or carbon, and other combustible material, or ash, that form a visible plume in the air.

13. 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 Iowa Code section 321.1(90). However, this chapter 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. Solid waste does not include hazardous waste as defined in the Iowa Code or petroleum contaminated soils which has been remediated to acceptable state or federal standards.

14. “Standard conditions” means a gas temperature of 70º F and a gas pressure of 29.92 inches of mercury absolute.

15. “Trade waste” means any refuse resulting from the prosecution of any trade, business, industry, commercial venture (including farming and ranching), or utility or service activity, and any governmental or institutional activity, whether or not for profit.

6-5A-3 HEALTH HAZARD. It shall be unlawful for any person to permit to accumulate on any premises, whether improved or vacant, or on any public place, such quantities of solid waste, either in containers or not, that shall constitute a health or sanitation hazard.

6-5A-4 FIRE HAZARD. It shall be unlawful for any person to permit to accumulate quantities of solid waste within or close to any building, unless the same is stored in containers in such a manner as not to create a fire hazard.

6-5A-6 OPEN BURNING. No person shall allow, cause or permit open burning of combustible materials, except as provided herein:

1. Disaster rubbish. The open burning of rubbish, including landscape waste, for the duration of the community disaster period in cases where an officially declared emergency condition exists. Burning of any structures or demolished structures shall be conducted in accordance with the Code of Iowa and the Iowa Administrative Code.

2. Trees and tree trimmings. The open burning of trees and tree trimmings not originated on the premises provided that the burning site is operated by a local governmental entity, the burning site is fenced and access is controlled, burning is conducted on a regularly scheduled basis and is supervised at all times, burning is conducted only when weather conditions are favorable with respect to surrounding property, and the burning site is limited to areas at least one-quarter mile from any inhabited building unless a written waiver in the form of an affidavit is submitted by the owner of the building to the city prior to the first instance of open burning at the site.

3. Recreational fires. Open fires for cooking, heating, recreation and ceremonies; provided, however, that no person shall allow, cause or permit the emission of visible air contaminants into the atmosphere from any such fire equal to or in excess of 40 percent opacity.

4. Training fires. Training fires as authorized by Iowa Administrative Code section 567-23.2(3)(g) as may be amended from time to time.

5. Controlled burning of a demolished building. The city may conduct a controlled burn of a demolished building with the approval of its city council as authorized by Iowa Administrative Code section 567-23.2(3)(j) as may be amended from time to time.

6-5A-7 BRUSH PICKUP. Trees limbs less than seven inches in diameter and brush securely tied in bundles not larger than 72 inches long and 78 inches in diameter may be placed along the curb for collection by the City in accordance with the City’s brush removal policy as may be from time to time amended.

6-5A-8 SEPARATION OF LANDSCAPE WASTE REQUIRED. All landscape waste shall be separated by the owner or occupant from all other refuse accumulated on the premises and shall be composted on the premises or placed in paper biodegradable bags, and set out for collection by refuse collectors licensed by the City.

6-5A-9 CITY LEAF PICKUP PROGRAM. The City shall conduct a program in the fall of each year to remove leaves from city streets. Residents of the City will be required to compost as many leaves from their property as possible. Leaves that cannot be composted may be raked onto the city streets. Leaves shall not be bagged or placed into any containers. The City shall remove the leaves and deposit them at a composting site.

6-5A-10 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 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.

6-5A-11 OPEN DUMPING PROHIBITED. No person shall dump or deposit, or permit the open dumping or depositing, of any solid waste except rubble at any place other than a sanitary disposal project approved by the Iowa Department of Natural Resources.

6-5A-12 WASTE STORAGE CONTAINERS. Every person owning, managing, operating, leasing or renting any premises, dwelling unit or place where refuse accumulates shall provide and at all times maintain in good order and repair portable containers for storage of refuse in accordance with the following:

1. Waste storage containers shall comply with the following specifications:

A. Residential waste containers (20-35 gallons).
Residential waste containers shall be of not less than 20 gallons nor more than 35 gallons in nominal capacity; and be leak proof, water proof and fitted with a fly tight lid which shall be kept in place except when depositing or removing the contents thereof. Containers shall have handles, bails or other suitable lifting devices or features and shall of a type originally manufactured for the storage of residential wastes with tapered sides for easy emptying. They shall be of light weight and sturdy construction with the total weight of any individual containers and contents not exceeding 75 pounds. Galvanized metal containers, rubber or fiberglass containers and plastic containers which do not become brittle in cold weather may be used. Disposable containers or other containers as approved by the City may also be used.

Residential waste must be stored in portable containers or building enclosures until such time that it is taken to the curb for pickup. Waste can be placed at the curb in sealed garbage bags no earlier than 12 hours prior to pickup by the solid waste hauler. Property owners shall be responsible for cleaning up any debris caused by ripped or damaged garbage bags.

B. Residential dumpsters
Dumpsters located at residences may not extend over or be located on the public sidewalk or publicly owned right of way. Dumpsters will be allowed to be in the right of way for a period of no more than 24 hours to allow the dumpster to be emptied. Dumpsters shall be placed in the side yard or rear yard and shall not be nearer than two (2) feet to any side or rear lot line.

Dumpsters may be allowed to be in the front yard provided:
* Space is not available in the side yard, or there is no reasonable access to either the side or the rear yard. A lot shall be deemed to have reasonable access to the rear yard if terrain permits and an access can be had without substantial damage to existing large trees or landscaping. A corner lot shall normally be deemed to have reasonable access to the rear yard.
* Dumpster must be enclosed by a natural or manmade enclosure.

This ordinance does not apply to temporary dumpsters up to 30 days. Residents interested in a temporary dumpster must contact City Hall for a permit.

C. Commercial. Every person owning, managing, operating, leasing or renting any commercial premises where excessive amounts of refuse accumulates and where its storage in portable containers as required above is impractical, shall maintain metal bulk storage containers (dumpsters) approved by the City.

D. All dumpsters. All dumpsters shall be maintained in a clean, well kept state so as not to detract from the appearance of the surrounding area. All dumpsters shall be placed on a hard surface. All dumpsters are required to have weekly pickup. All dumpsters on properties with two units or less will require a permit.

E. Location of containers. Residential sold waste containers shall be stored upon the residential premises. Commercial solid waste containers shall be stored upon private property, unless the owner shall have 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.

F. Non-conforming containers. Solid waste containers which are not adequate will be collected together with their contents and disposed of after due notice to the owner.
(Ord. No. 1073, 08/08/09)

6-5A-13 PROHIBITED PRACTICES. It shall be unlawful for any person to:

1. Unlawful use of containers. Deposit refuse in any solid waste containers other than his or her own without the written consent of the owner of such containers.

2. Interfere with collectors. Interfere in any manner with solid waste collection equipment or with solid waste collectors in the lawful performance of their duties as such, whether such equipment or collectors be those of the City, or those of any other authorized waste collection service.

3. Unlawful disposal. Dispose of any refuse at any facility or location which is not an approved location.

4. Unlawful collection. Engage in the business of collecting, transporting, processing or disposing of refuse with the City without a contract therefore with the City or a valid permit from the City.

5. Incinerators. Burn refuse except in approved incinerators so maintained and operated as to prevent the emission of objectionable odors or particulate matter.

6-5A-14 PENALTIES. Any person, firm or corporation violating any of the provisions of this Chapter shall be guilty of a simple misdemeanor and/or may be cited for a municipal infraction. Each day a violation continues shall constitute a separate offense.

(Ord. No. 1051, passed 1-7-08)

Article B



6-5B-1 DEFINITIONS: For use in this article the following terms are defined:

1. “Residential premises”: means a single family dwelling and any multiple family dwelling up to and including four (4) separate quarters. Garden type apartments and row type housing units shall be considered residential premises regardless of the total number of such apartments or units which may be included in a given housing development.

2. “Collectors”: shall mean any person authorized by this article to gather solid waste and recycling from public and private places.

3. “Dwelling Unit”: shall mean 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.

4. “Single family dwelling”: shall mean structure containing one dwelling unit only.

5. “Multiple family dwelling”: shall mean a structure containing more than one dwelling unit.

6. “Property served”: shall mean any property which is being used or occupied and is eligible to receive solid waste and/or recycling collection and disposal service as provided herein, including commercial and industrial properties.

7. “Recyclable Materials” shall mean materials, including, but not limited to, food container glass, aluminum, steel (tin) cans, #1 through #7 plastic bottles, uncontaminated newspapers, box board (cereal boxes,) cardboard, office paper and glossy paper (magazines). Newspapers and glossy paper shall be considered uncontaminated if they have not been exposed to substances or conditions rendering them unusable for recycling.

8. “Recycling Facility” shall mean any facility employing a technology that is a process that separates or recovers reusable materials that can be sold or reused by a manufacturer as substitute for or a supplement to virgin raw materials.

6-5B-2 RECYCLING REQUIRED: Whether recyclable materials are placed for curb-side collection or transported by a property owner to a recycling facility, all residents are required to separate recyclable materials from solid waste. Recyclable materials shall be further separated according to product type, such as, but not limited to: metals, glass, plastics, and cardboard.

6-5B-3 LICENSED HAULERS: All licensed recycling haulers must utilize a recycling facility as the destination of collected recyclable materials. No hauler shall mix separated recyclable materials with solid waste. Recyclable materials shall be collected and delivered to a recycling facility by product type.

6-5B-4 COLLECTION SERVICE: The collection of solid waste and recyclable materials within the City shall be only by collectors licensed by the City. There shall be three categories of licensed collectors – curbside collection service, general clean up service and recycling service. Regulations specified in this subchapter shall apply to both categories, unless so stated and shall include curbside collection of recyclable items.
(Ord. No. 951, 2-19-01)

6-5B-5 COLLECTION VEHICLES: Vehicles or containers used for the collection and transportation of garbage or solid waste containing such materials shall be leakproof, durable and of easily cleanable construction. They shall be cleaned to prevent nuisances, pollution or insect breeding and shall be maintained in good repair. Persons licensed for curbside collection service shall use a truck that provides for the separation of recyclable materials and will not leak or allow refuse to otherwise escape the truck. A covered vehicle shall be used to haul the material to the transfer station and/or recycling facility.

6-5B-6 LOADING: Vehicles or containers used for the collection and transportation of any solid waste and/or recyclable materials shall be loaded and moved in such a manner that the contents will no fall, leak, or spill therefrom, and shall be covered to prevent blowing or loss of material. Where spillage does occur, the material shall be picked up immediately by the collector or transporter and returned to the vehicle or container and the area properly cleaned.

6-5B-7 FREQUENCY OF COLLECTION: All solid waste and/or recyclable materials shall be collected from residential premises at least once each week and from commercial, industrial and institutional premises as frequently as may be necessary, but not less than once each week. Curbside collection service shall include a collection for recyclable items.

6-5B-8 LOCATION OF CONTAINERS: Containers for the storage of solid waste and/or recyclable materials awaiting collection shall be placed out-of-doors at some easily accessible place by the owner or occupant of the premises served.

6-5B-9 BULKY RUBBISH: Bulky rubbish which is too large or heavy to be collected in the normal manner of the solid waste shall be collected by the collector upon request in accordance with procedures established by the City’s Solid Waste Management Plan as approved by Resolution of the City Council.

6-5B-10 TREE LIMBS AND BRUSH: (Eliminated)

6-5B-11 YARD WASTE: (Eliminated)

6-5B-12 RIGHT OF ENTRY: Collectors are hereby authorized to enter upon private property for the purpose of collecting solid waste and recyclable materials therefrom as required by this article, however collectors shall not enter dwelling units or other residential buildings.

6-5B-13 COLLECTOR’S LICENSE: No person shall engage in the business of collecting, transporting, processing or disposing of solid waste or recyclable materials other than his/her own within the City without first obtaining from the City an annual license in accordance with the following:

1. APPLICATION: Application for a solid waste/recycling collector’s license shall be made to the Clerk and provide the following:

A. NAME AND ADDRESS: The full name and address of the applicant, and if a corporation, the name and address of the officers thereof.

B. EQUIPMENT: A complete and accurate listing of the number and type of collection and transportation equipment to be used.

C. COLLECTION PROGRAM: A complete description of the frequency, routes and method of collection and transportation to be used.

D. DISPOSAL: A statement as to the precise location and method of disposal or processing facilities to be used and agree to accept yard waste for disposal in accordance with Section 6-5A-13.

E. REVOCATION: A statement that a permit may be revoked by the city council following notice and hearing for one or more violations of this Chapter.

2. INSURANCE: No collector’s license shall be issued until and unless applicant, in addition to all other requirements set forth, shall file and maintain with the City evidence of satisfactory public liability insurance covering all operations of the applicant pertaining to such business and all equipment and vehicles to be operated in the conduct thereof in the following minimum amounts.

A. Curbside Collection Service B. General Cleanup Service
(Includes Solid Waste & Recycling)

Bodily Injury – $1,000,000 per person Bodily Injury – $500,000 per person
$1,000,000 per occurrence $500,000 per occurrence
Property Damage – $200,000 Property Damage – $200,000

Each insurance policy required hereunder shall include as a part thereof provisions requiring the insurance carrier to notify the City of the expiration, cancellation or other termination of coverage not less than 10 days prior to the effective date of such action.

3. LICENSE FEE: A license fee in the amount of $75.00 shall accompany the application, in the event the requested license is not granted, the fee paid shall be refunded to the applicant. (Ord. 855, 4-17-95)

4. LICENSED ISSUED: If the Council upon investigation finds the application to be in order and determines that the applicant will collect, transport, process or dispose of solid waste and recyclable materials without hazard to the public health or damage of the environment and in conformity with law and ordinance the requested license shall be issued to be effective for the calendar year in which issued, unless revoked upon notice and hearing by the city council for one or more violations of this Chapter.

5. LICENSE RENEWAL: An annual license may be renewed simply upon payment of the required fee if operated in substantially the same manner as provided in the original application and by providing the City Manager with a current listing of vehicles, equipment and facilities in use.

6. LICENSE NOT TRANSFERABLE: No license authorized by this article may be transferred to another person.

7. OWNER MAY TRANSPORT: Nothing herein is to be construed so as to prevent the owner from transporting solid waste accumulating upon premises owned, occupied or used by him/her, provided such refuse is disposed of properly in an approved sanitary disposal site.

8. GRADING OR EXCAVATION EXCEPTED: No license or permit shall be required for the removal, hauling or disposal of earth and rock material from grading or excavation activities, however, all such materials shall be conveyed in tight vehicles, trucks or receptacles, so constructed and maintained that none of the material being transported shall spill upon the public right of way.

9. BUILDERS EXEMPTED: No license or permit shall be required for the removal, hauling, or disposal of building materials from construction activities, however, all such materials shall be conveyed in light vehicles, trucks or receptacles so constructed and maintained that none of the materials being transported shall spill upon the public right of way.

6-5B-14: LANDFILL ASSESSMENT FEE: In order to collect sufficient revenues to pay the annual assessment for the operation of the Jackson County Sanitary Landfill, the City Clerk shall collect a monthly fee of Two Dollars and Eighty Four ($2.84) from every residential dwelling unit, commercial business, and industry located within the City of Maquoketa effective the July 1, 1998 billing period.

The billing and collection of landfill assessment fees, including the collection of delinquent accounts and the perfection of liens on property for delinquent accounts, shall be governed by the procedures of Iowa Code 384.84.
(Ord. 832, 3-21-94)
(Ord. 893, 4-20-98)
(Ord 965, Passed 5-20-02)
(Ord 1056, 07-21-08)

Article c




6-5C-1 DEFINITIONS For use in this article the following terms are defined:

1. “Processing facility” shall mean any incinerator, baler, shredder or similar facility or process employed to reduce the volume of, or change the characteristics of, solid waste prior to final disposal.

2. “Site” shall mean any location, place or tract of land used for collection, storage, conversion, utilization, incineration or burial of solid wastes.

3. “Scavenging” Shall mean the collection, picking up or gathering of discarded material no longer of value for its original purpose but which has value if reclaimed.

4. “Operator” shall mean the person or agency authorized to conduct disposal operations at a public sanitary disposal project or licensed private sanitary disposal project.

5. “Resident” shall mean in addition to any person residing in the City, any person occupying or using any commercial, industrial or institutional premises within the City.

6-5C-2 SANITARY DISPOSAL REQUIRED All solid wastes generated or produced within the City shall be disposed of at a sanitary disposal project designated by the City and approved by the Executive Director of the Iowa State Department of Environmental Quality.

(Code of Iowa, 1993, Sec. 455B)

(Ord. 839, passed 7-5-94)

6-5C-3 OPEN DUMPING PROHIBITED No person shall cause, allow or permit the disposal of solid wastes upon any place within the jurisdiction of the City owned or occupied by him/her unless such place has been designated by the City as a licensed sanitary disposal project, public sanitary disposal project or an approved processing facility.

(Code of Iowa, 1975, Sec. 455B.82)

6-5C-4 EXCEPTIONS Nothing in this article shall prohibit the filling, leveling or grading of land with earth, sand, dirt, stone, brick, gravel, rock, rubble or similar inert wastes provided these materials are not contaminated or mixed with combustible, putrescible or other waste materials, nor to the disposal of animal and agricultural wastes on land used or operated for farming.

6-5C-5 TOXIC AND HAZARDOUS WASTES Toxic or hazardous wastes shall be disposed of only upon receipt of and in accordance with explicit instructions obtained from the Executive Director of the Iowa State Department of Environmental Quality.

(I.A.C., 400-26.4[4])

6-5C-6 RADIOACTIVE MATERIALS Materials that are radioactive shall not be
disposed of in a sanitary disposal project. Luminous timepieces are exempt.

(I.A.C., 400-26.4 [4])

6-5C-7 SANITARY DISPOSAL PROJECT DESIGNATED The sanitary landfill facilities operated by Jackson County are hereby designated as the official “Public Sanitary Disposal Project” for the disposal of solid waste produced or originated within the City.

6-5C-8 PRIVATE SANITARY DISPOSAL PROJECT No person may establish and operate a private sanitary disposal project within the City.