105.01 PURPOSE. The purpose of the chapters in this Code of Ordinances pertaining to Solid Waste Control and Collection is to provide for the sanitary storage, collection, and disposal of solid waste and, thereby, to protect the citizens of the City from such hazards to their health, safety and welfare as may result from the uncontrolled disposal of solid waste.
105.02 APPLICABILITY. This chapter applies to all sanitary storage, collection and disposal of solid waste, including (but not limited to) outdoor burning and open burning within the City.
1. This chapter does not apply to grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances.
2. This chapter does not apply to burning in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation.
3. This chapter does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.
105.03 DEFINITIONS. For use in these chapters the following terms are defined:
1. “Approved incinerator” means an incinerator made of metal or other noncombustible material with smokestack and spark arrester.
2. “Clean wood” means natural wood which has not been painted, varnished or coated with a similar material; has not been pressure treated with preservatives, and does not contain resins or glues as in plywood or other composite wood products.
3. “Collector” means any person authorized to gather solid waste from public and private places.
4. “Construction and demolition waste” means building waste materials, including but not limited to waste shingles, insulation, lumber, treated wood, painted wood, wiring, plastics, packaging, and rubble that results from construction, remodeling, repair, and demolition operations on a house, commercial or industrial building, or other structure.
5. “Discard” means to place, cause to be placed, throw, deposit, or drop.
6. “Dwelling unit” means any room or group of rooms located within a structure and forming a single habitable unit with facilities that are used or are intended to be used for living, sleeping, cooking, and eating.
“Fire Chief” means the Chief of the City of
8. “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.
9. “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.
10. “Litter” means any garbage, rubbish, trash, refuse, waste materials, or debris.
11. “Outdoor burning” means open burning or burning in an outdoor wood-fired boiler or patio wood burning unit.
12. “Outdoor wood-fired boiler” means a wood-fired boiler, stove or furnace that is not located within any structure or building, including, but not limited to, those buildings or structures intended for habitation by human or animals.
13. “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.
14. “Patio wood-burning” means a chimney, patio warmer, or other portable wood-burning device used for outdoor recreation and/or heating.
15. “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. Excluding trees, logs, brush, stumps, leaves, grass clippings, and other vegetative matter.
16. “Residential premises” means a single-family dwelling and any multiple-family dwelling up to and including four (4) separate dwelling units.
17. “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.
18. “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.
19. “Rubbish burner” means a metal container, with a cover, or wire mesh for cover, with vent holes not to exceed one inch in size.
20. “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.
21. “Sanitary disposal project” means all facilities and appurtenances (including all real and personal property connected with such facilities) that 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 of the State Department of Natural Resources.
22. “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 Section 321.1 of the Code of Iowa. Solid waste does not include any of the following:
A. Hazardous waste regulated under the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6921-6934.
B. Hazardous waste as defined in Section 455B.411 of the Code of Iowa, except to the extent that rules allowing for the disposal of specific wastes have been adopted by the State Environmental Protection Commission.
Source, special nuclear, or
by-product material as defined in the Atomic Energy Act of 1954, as
D. Petroleum contaminated soil that has been remediated to acceptable State or Federal standards.
105.04 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 thirty (30) days shall be deemed a nuisance and the City may proceed to abate such nuisances in accordance with the provisions of Chapter 50 or by initiating proper action in district court.
105.06 OPEN BURNING RESTRICTED. No person shall allow, cause or permit open burning of combustible materials where the products of combustion are emitted into the open air without passing through a chimney or stack, except that open burning is permitted in the following circumstances:
(IAC, 567-23.2[455B] and 567-100.2)
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, provided that the
burning of any structures or demolished structures is conducted in
accordance with 40
2. Trees and Tree Trimmings. The open burning of trees and tree trimmings at a City-operated burning site, provided such burning is conducted in compliance with the rules established by the State Department of Natural Resources.
3. Flare Stacks. The open burning or flaring of waste gases, provided such open burning or flaring is conducted in compliance with applicable rules of the State Department of Natural Resources.
4. Landscape Waste. The disposal by open burning of landscape waste originating on the premises. However, the burning of landscape waste produced in clearing, grubbing and construction operations shall be limited to areas located at least one-fourth (¼) mile from any building inhabited by other than the landowner or tenant conducting the open burning. Rubber tires shall not be used to ignite landscape waste.
5. Recreational Fires. Open fires for cooking, heating, recreation, and ceremonies, provided they comply with the limits for emission of visible air contaminants established by the State Department of Natural Resources. Rubber tires shall not be burned in a recreational fire.
6. Residential Waste. Backyard burning of residential waste at dwellings of four-family units or less.
7. Training Fires. Fires set for the purpose of conducting bona fide training of public or industrial employees in firefighting methods, provided that the training fires are conducted in compliance with rules established by the State Department of Natural Resources.
8. Pesticide Containers and Seed Corn Bags. The disposal by open burning of paper or plastic pesticide containers (except those formerly containing organic forms of beryllium, selenium, mercury, lead, cadmium or arsenic) and seed corn bags resulting from farming activities occurring on the premises if burned in accordance with rules established by the State Department of Natural Resources.
9. Agricultural Structures. The open burning of agricultural structures if in accordance with rules and limitations established by the State Department of Natural Resources.
10. Controlled Burning of a Demolished Building. The controlled burning of a demolished building by the City, subject to approval of the Council, provided that the controlled burning is conducted in accordance with rules and limitations established by the State Department of Natural Resources.
11. Variance. Any person wishing to conduct open burning of materials not permitted herein may make application for a variance to the Director of the State Department of Natural Resources.
105.07 OPEN BURNING REGULATIONS. All allowed open burning shall be conducted in a safe, nuisance-free manner, when wind and weather conditions minimize adverse effects and do not create a health hazard or a visibility hazard on roadways, railroads or airfields. Open burning shall be conducted in conformance with all local and State fire protection regulations.
1. General Open Burning.
A. Outdoor campfires and small bonfires for cooking, ceremonies, or recreation are allowed.
B. Open burning under this section shall only be conducted at a location at least fifteen (15) feet from the nearest building which is not on the same property for all fires.
C. Except for campfires and patio wood burners, open burning shall only be conducted between the hours of 7:00 a.m. and 9:00 p.m.
D. Open burning shall be constantly attended and supervised by a competent person of at least eighteen (18) years of age until the fire is extinguished and is cold. The person shall have readily available for use such fire extinguishing equipment as may be necessary for the total control of the fire.
E. No materials may be burned upon any street, curb, gutter, sidewalk, ditches or on the ice of a lake, pond, stream, or water body.
F. Except for barbecue, gas, and charcoal grills, no burning shall be undertaken within fifteen (15) feet from any combustible material, combustible wall or partition, exterior window opening, exit access or exit unless authorized by the Fire Chief.
2. Approved Burners and Incinerators.
A. A rubbish burner must be a metal container, with a cover, or wire mesh for cover, with vent holes not to exceed one inch.
B. Wire baskets are not permitted.
C. An approved incinerator must be made of metal or other noncombustible material, with smokestack and spark arrester.
3. Location of Burners or Incinerators. No burner or incinerator shall be placed within fifteen (15) feet of any building, unless specifically approved by the Fire Chief.
4. Agricultural Burning. Open burning of weeds, brush, and crop stubble on agricultural lands is allowed if conducted in accordance with other applicable provisions of this chapter.
5. Patio Wood-Burning Units. A patio wood-burning unit may be installed and used in the City only in accordance with all of the following provisions:
A. The patio wood-burning unit shall not be used to burn refuse.
B. The patio wood-burning unit shall burn only clean wood.
C. The patio wood-burning unit shall be located at least fifteen (15) feet from the nearest structure that is not on the same property as the patio wood burning unit.
D. The patio wood-burning unit shall not cause a nuisance to neighbors.
6. Liability. A person utilizing or maintaining an outdoor fire shall be responsible for all fire suppression costs and any other liability resulting from damage caused by the fire.
7. Right of Entry and Inspection. The Fire Chief, Scott County Sheriff’s Department or any authorized officer, agent, employee or representative of the City who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this chapter.
8. Other Fire Regulations.
A. No person shall burn material such as vegetable, animal, or fruit matter even in an approved container. Material of this nature may be burned in an electric or natural gas-fired incinerator of an approved type.
B. No person shall burn combustible material of any type in an open fire or bonfire unless it is fifteen (15) feet away from any structure and unless such person is of mature age, or judgment, and remains in constant attendance while such fire is burning. The fire must be of limited size as to allow the person in charge to have complete control over it, and remain in constant attendance until such fire is extinguished. Attendant must have a garden hose immediately available, at the site of the fire, and already connected to a water source.
C. No person shall burn leaves, weed, grass, rubbish, brush, or other debris in any place or in such quantities as to endanger surrounding property. No person shall ignite the materials as mentioned herein when wind is of a velocity to carry burning embers beyond the control of such person or persons in attendance.
D. No person shall kindle any fire in or upon any paved street or public way except in an approved burner or incinerator maintained for that purpose.
E. No person shall kindle or maintain any bonfire or furnish materials for such fire or authorize any such fire to be kindled or maintained or burn any rubbish within the City limits.
F. No person shall deposit ashes, smoldering coals, embers, greasy or oily substances or other matters liable to create spontaneous ignition within fifteen (15) feet of any wooden or plastered wall, partition, fence, floor, sidewalk, lumber, hay, shavings, rubbish, or other combustible materials.
105.08 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 or burned on the premises or placed in acceptable containers and set out for collection. 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.
105.09 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.
105.10 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 of the State Department of Natural Resources, unless a special permit to dump or deposit solid waste on land owned or leased by such person has been obtained from the Director of the State Department of Natural Resources. However, this section does not prohibit the use of rubble at places other than a sanitary disposal project. “Rubble” means dirt, stone, brick, or similar inorganic materials used for beneficial fill, landscaping, excavation, or grading at places other than a sanitary disposal project. Rubble includes asphalt waste only as long as it is not used in contact with water in a flood plain. For purposes of this section, rubble does not mean gypsum or gypsum wallboard, coal combustion residue, foundry sand, or industrial process wastes unless those wastes are approved by the State Department of Natural Resources.
(IAC, 567-102.13 and 400-27.14)
105.12 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, whether they be reusable, portable containers or heavy-duty disposable garbage bags, shall be of sufficient capacity, and leakproof and waterproof. 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 have suitable lifting devices.
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.
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 and 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 placed in containers that are not in compliance with the provisions of this section will not be collected.
105.13 PROHIBITED PRACTICES. It is unlawful for any person to:
1. Unlawful Use of Containers. Deposit refuse in any solid waste containers not owned by such person 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. Scavenging. Take or collect any solid waste that has been placed out for collection on any premises, unless such person is an authorized solid waste collector.
105.14 SANITARY DISPOSAL PROJECT DESIGNATED. The sanitary landfill facilities operated by Scott County Landfill Commission are hereby designated as the official “Public Sanitary Disposal Project” for the disposal of solid waste produced or originating within the City.