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. Garbage, refuse and other discarded materials including, but not limited to, solid, semisolid, sludges, liquid and contained gaseous waste materials resulting from industrial, commercial, agricultural and domestic activities.

(j)    Yard Waste. All discarded grass clippings and leaves derived from residential, and industrial, commercial or agricultural property.

(k)   Hazardous Waste. Any solid waste or combination of solid wastes or any substance which has been identified as a hazardous waste pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. Or K.S.A. 65-3430 (e) and any regulations enacted pursuant thereto as both may be amended from time to time.

(l)    Construction and Demolition Waste. Solid waste resulting from the commercial construction, remodeling, repair and demolition of structures, roads, sidewalks and utilities.

(m)  Transfer Station. Any solid waste processing building and associated storage area where solid waste is moved or temporarily stored for transfer from smaller collection vehicles or private transportation to larger transportation units for transport to off-site facilities for final treatment, processing, recycling, or final disposal.

(n)   Transfer Station Facility. All contiguous land, structures, other appurtenances, and improvements on the land, used for the siting or operation of a transfer station.

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.

The city shall have the right to enter into a contract with any responsible person for collection and disposal of solid waste.

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.

Residential containers shall have a capacity of not more than 30 gallons. 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 fly-tight. All containers shall have handles of suitable construction to permit lifting. Plastic bags manufactured for garbage and refuse disposal may be substituted for residential containers. Plastic bags, when used, shall be securely closed. All garbage shall be drained of all liquids before being placed in bags or containers.

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 that 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, leak proof and weather proof construction.

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.

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.

All garbage shall be drained of all excess liquid, and wrapped in paper or other disposable container before being placed in solid waste containers.

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 the same.

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 that may present a special hazard to collection or disposal personnel, equipment, or to the public.

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.

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.

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.

(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.

Any person desiring to operate a business collecting or transporting solid waste within the city shall make application for a license with the city clerk. The application shall set forth the name and address of the applicant, the make and type of the vehicle or vehicles to be operated for collecting and transporting solid waste and the application shall be accompanied by documentation that each such vehicle has passed the Federal Motor Carrier Safety Regulation Part 396.17 Annual Inspection.

(Ord. 1074)

The license fee shall be $100.00 for each vehicle designated in the application. Such fee shall be paid to the City Clerk with the license application. The license shall be effective only for the calendar year in which it is issued and shall expire after December 31st of that year

(Ord. 1074)

(Ord. 1074)

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.

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 residents of the city, and providing for a proper fee to be charged to the customer.

(a)   All access roads, on-site roads, and all designated parking areas shall be paved and on-site roads shall be maintained in good condition.

(b)   On-site roads shall be designed and maintained to adequately accommodate queuing of vehicles transporting solid waste to transfer station. Such vehicles shall not queue on public roads.

(c)   Size.

(1)   A minimum acreage of 10 acres is required for a facility designed to receive no more than 500 tons of solid waste per day.

(2)   A minimum acreage of 15 acres is required for a facility designed to receive 500 tons or more of solid waste per day.

(d)   The facility shall be surrounded by buffer zones of the following proportions:

(1)   100 feet between transfer station and all public roads and other property boundaries.

(2)   500 feet between transfer station and any building not on facility unless written permission is granted by the nearest property owner, but no less than 300 feet between the transfer station or waste storage area and the nearest residence or school in existence at the time the initial license application is filed.

(a)   Transfer station facilities shall be reasonably screened from adjacent roads, streets and commercial or residential properties except at points of vehicular and pedestrian ingress and egress, to a minimum height of eight feet above the ground/surface by the use of berms, walls, fences or plantings. A plan for landscaping and screening shall be submitted by the facility to the Park City Planning Commission for review, discussion, public comment, and approval.

(b)   Walls or fences used in combination with berms and/or plantings shall avoid a blank and monotonous appearance by such measures as architectural articulation and placement of vines, shrubs and/or trees.

(c)   Where walls and fences are to be combined with vegetation to create the screening effect, vegetation should be located in a planting strip on the exterior side of the wall or fence.

(d)   Evergreen and/or deciduous plant materials may be used, provided a screening effect is maintained on at least two-thirds of the treated frontage during all seasons of the year.

(e)   All screening materials and landscape features shall be protected from vehicular damage or encroachment by appropriately located curbs or wheel stops.

(f)    Landscaping shall not conflict with the traffic visibility on or about the premises.

(g)   Property owners are encouraged to retain existing indigenous vegetation in a development project and this may be credited toward required landscaping pursuant to this section, provided this vegetation is adequately protected during construction to insure long-term survival. A minimum of 80 percent of surface area not used for parking, ingress/egress, or transfer station operations shall be covered by vegetation or organic groundcover.

(h)   The owner/operator of the transfer station facility shall maintain all landscaping in a proper, neat and orderly appearance free from refuse and debris at all times.

(i)    Landscaping maintenance shall include mowing, trimming, weeding, cultivation, mulching, tightening and repairing of guys and stakes, resetting plants to proper grades and upright position, restoration of planting saucer, fertilizing, pruning, disease and insect control and other necessary operations.

(j)    Disturbed soil between trees and shrubs in the planting beds shall be mulched, planted or otherwise treated to prevent wind and water erosion. Facility property and property within a half-mile radius from the facility shall be kept reasonably free of debris, litter and vectors resulting from transfer station operations.

(a)   A transfer station must be an enclosed building.

(b)   Neither yard waste, hazardous waste, nor construction and demolition waste as defined herein shall be accepted at any transfer station.

(c)   Each facility shall use one common gate for all customers, and no gates shall be used to the exclusion of any customers, except that all facility operations vehicles may use a separate gate.

(d)   Each facility shall maintain the same hours of operation for all customers during posted hours, and shall be closed to all customers at all other hours.

(e)   Instructions for using the facility, fees and methods of payment shall be posted and maintained in a legible condition on a visible location at the facility.

(f)    Facility must have an enclosed area available for public educational activities capable of seating a minimum of 40 people.

(g)   Scales shall be certified semi-annually in a manner acceptable to the City. A minimum of two scales will be located at the facility entrance gate for facilities designed to receive more than 200 tons of solid waste per day.

(h)   A facility designed to receive less than 200 tons of solid waste per day must have a minimum of one scale and back-up scale capacity as defined in the contingency plan.

(i)    Operator shall maintain separate and exclusive areas for manual unloading and mechanical unloading.

(j)    Provisions for storing, handling, and removing banned waste inadvertently left at the facility shall be considered in the design. Storage areas for solid waste not to be accepted shall be designated in the facility’s operating plan filed with the Kansas Department of Health and Environment. Hazardous waste must be removed from facility in conformity with all applicable federal, state and local regulations within twenty-four hours of receipt. Other banned wasted shall be removed from facility within 7 days of receipt.

(k)   Handling of wastes prohibited by this code shall be addressed in the facility’s operating plan filed with the Kansas Department of Health and Environment.

(l)    During all hours of operation, an attendant trained to identify prohibited materials shall be on duty to prevent such materials from being accepted at the transfer station.

(m)  All customers shall be charged equally based on weight of solid waste. Fees may be assessed for the handling and diverting of special wastes, including those banned under this code.

(n)   Reasonable and well-maintained parking areas shall be provided for equipment, trucks, trailers, employees and visitors.

(o)   Dumping of solid waste at the transfer station shall be on the same level of the vehicle rather than into a pit.

All transfer stations in the City of Park City, Kansas, shall obtain all permits, licenses and authorizations necessary for the operation of a solid waste processing facility from all federal, state, and local permitting authorities prior to accepting waste. All transfer stations in the City shall obtain and maintain a valid license from Sedgwick County. All such permits, licenses and authorizations shall be maintained by the facility at all times as an express condition of accepting waste at the facility.

The rate of Thirty-two cents ($.32) per ton of solid waste received shall be assessed by the City of Park City on each transfer station facility. Tonnage amounts for purposes of calculation of such fee shall be obtained from reports maintained by facility operators as required under Kansas Administrative regulations 238-29-23a (c)(18)(A) and (19)(A). This fee shall be paid to the City of Park City, Kansas on a quarterly basis, due by the 15th day following the end of every calendar quarter. Failure to pay such fee in a timely manner shall result in suspension of license.

In addition to the suspension of license identified in Section 6 hereinabove, each day any violation occurs shall further be subject to prosecution in the Park City Municipal Court, with a maximum penalty of six (6) months in jail, up to $1,000.00 fines, or both.

Any person who shall conduct or operate within the city limits any vehicle for the purpose of collecting and transporting solid waste without first obtaining a license as required by this article or who shall violate the terms and provisions of this article shall be deemed guilty of a violation of this code and upon conviction thereof shall be punished as provided in section 1-116.

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.

Reserved.

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.

In the event the owner or occupant of any property shall fail to pay the solid waste bills within 60 days following the date upon which it becomes due, the city clerk shall annually certify such unpaid bills to the county clerk as a lien upon the property. The lien shall be collected subject to the same regulations and penalties as other property taxes are collected.