ALP

*Cross references—Administration, ch. 2; food and food handlers, ch. 17; disposal of garbage and waste food by food establishments, § 17-8; health and sanitation, ch. 19; examples of nuisances, § 19-50; garbage disposal in mobile home parks, § 24-17; littering in parks, § 27-8; plumbing, ch. 33; utilities, ch. 41.

State law references—Municipal garbage disposal systems, SDCL 9-32-11.2006 S-1CD18:1

Article V. Solid Waste, Regulated Medical Waste, Transfer in Recycling Facilities

ARTICLE I. IN GENERAL

The following words, terms and phrases, when used in this chapter, shall mean except where the context clearly indicates a different meaning:

Animal waste means any accumulation of manure or straw which has been used for the transportation, housing or penning of animals.

Catch basin means a formed holding area for sludges, sediments, screenings, or grit which may include the cleanout and settling tank areas.

Commercial garbage collector or commercial garbage hauler means any person who transports any garbage, rubbish, or livestock waste to the City of Sioux Falls Sanitary Landfill for a consideration or a fee.

Construction and demolition debris means carpet, wood, construction plastic, shingles, glass, metals, wiring, insulation, tile, drywall, furniture, concrete, and mattresses.

Curbside means on the public right-of-way, generally between the sidewalk and the paved portion of the street.

Garbage or municipal solid waste means all refuse, containers or accumulation of animal or vegetable matter which attends the processing, preparation, transportation, cooking, eating, sale, or storage of meat, fish, vegetables, fruit and all other food or food products found within the city which has been condemned by the health department as a nuisance or is likely to cause or transmit disease, or which may be a hazard to health. This definition excludes all items defined in section 18-32.

Garbage collector or garbage hauler means any person who hauls or transports any garbage to the City of Sioux Falls Sanitary Landfill.

Hand-held electronics means cell phones, pagers, personal digital assistants, handheld video games, calculators, small MP3 players, small compact disc players, small cassette players, small radios, small walkie talkies and digital and electronic cameras.

Hauling unit means the container in which garbage or materials listed in section 18-32 is transported. It may be permanently affixed to a chassis or may be temporarily attached, such as a roll-off unit.

Hazardous material is any material that has a hazardous characteristic, such as being ignitable, corrosive, reactive, or toxic.

Hazardous waste is any waste that is on the Environmental Protection Agency's hazardous waste list in 40 CFR 261 or which is known to have a hazardous characteristic, such as being ignitable, corrosive, reactive, or toxic.

Large electronics means desktop and laptop personal computers, monitors, mainframe computers, battery backup uninterruptible power supplies, printers, scanners, copy machines, fax machines, televisions, video cassette recorders, laser disc players, digital video disc players and stereo receivers.

Litter means garbage, rubbish, waste material or animal waste improperly disposed of by discarding, abandoning, allowing to accumulate, scattering or depositing the same outside an approved container.

Magazines means multi-page publications, whether published periodically or not, of coated paper.

Metal containers means any container made from aluminum, tin or steel which contained a product for consumption.

Newspaper means printed ground wood paper commonly referred to as newsprint, including glossy advertisements delivered with the newspaper.

Office paper means high grade office paper, offset paper, bond paper, xerographic bond paper, mimeo paper, duplicator paper, computer paper, and envelopes.

Paper products means magazines, catalogs, advertising supplements, books and junk mail. It does not include chip board, items such as juice boxes, milk cartons, cereal boxes, mix boxes, tissue boxes, shoe boxes, soda and beer cartons, etc.

Plastic containers means any formed or molded container composed predominately of plastic resin.

Recyclable collector means any person who collects or receives recyclable materials from another person or persons for a consideration or a fee and/or for the purpose of resale.

Recycling collection facility means an established facility where recyclable materials are collected for shipment offsite with no processing. Fully enclosed automated self-serve aluminum collection machines are considered recycling collection facilities. Facilities which handle recyclable hazardous materials or waste petroleum products are considered recycling collection facilities. Scrap metal/junk yards are excluded from this definition.

Recycling container means a container which will securely hold recyclable materials for collection and will prevent recyclables from falling or being blown from the container.

Recyclable materials means materials or products that may be readily separated from the solid waste stream and may be used or reused as a substitute for raw materials or other items, including but not limited to aluminum, paper, plastic, and steel.

Recycling processing facility means an established facility where recyclable materials are collected and/or processed by sorting, volume reduction, containment or other preparation for shipment offsite. Electronics recycling facilities are included.

Regulated medical waste means medical waste as defined by section 15.03.020(533).

Residential means a dwelling having accommodation for and occupied by one or more families.

Rubbish means all combustible refuse matter, such as contaminated or nonrecyclable paper, sweepings, rags, contaminated cardboard, and similar materials.

Sanitary landfill means the area provided by the city for the dumping or depositing of garbage, rubbish, animal waste, litter and waste materials not prohibited by city ordinance.

Scavenging means the uncontrolled and unauthorized removal of waste materials.

Sludges means any solid, semisolid, or liquid waste encountered, collected, and/or concentrated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, catch basins, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.

Solid waste means garbage, rubbish, waste materials, special wastes, and sludges as defined in this section.

Solid waste generated from the treatment of regulated medical waste means waste generated from the treatment of regulated medical waste in conformance with city, state, and federal rules and regulations so it no longer poses a threat to public health.

Solid waste transfer facility means a fixed facility where solid waste from collection vehicles is consolidated and temporarily stored for subsequent transport to a permanent disposal site.

Special waste means asbestos; gasoline, fuel oil or waste oil, contaminated soils, materials, sediments, etc.; co-mingled gasoline and fuel oil and/or waste oil contaminated soils, materials, sediments, etc.; and anti-freeze contaminated soils, materials, sediments, etc.

Waste material means all noncombustible inorganic matter such as ashes, glass, sand, earth, stones, concrete, mortar, metals, and similar material.

Wood waste means trees, any size diameter tree branches, brush, wood, wood shavings and wood pallets.

(1957 Rev. Ords., § 7.901; Ord. No. 2308, 12-14-64; Ord. No. 73-75, § 1, 11-17-75; Ord. No. 88-81, § 1, 11-2-81; Ord. No. 93-88, § 1, 10-24-88; Ord. No. 60-92, § 1, 6-22-92; Ord. No. 43-93, § 1, 5-17-93; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 43-97, § 1, 8, 6-2-97; Ord. No. 75-01, § 1, 8-6-01; Ord. No. 38-04, § 1, 4-5-04; Ord. No. 74-04, §§ 1, 2, 7-12-04; Ord. No. 63-06, 5-15-06)

Cross references—Definitions and rules of construction generally, § 1-2; distributing handbills in public places, § 3-19.

Sec. 18-2. Littering prohibited–Generally.

It shall be unlawful for any person to throw, drop, cast or deposit upon any street, alley, sidewalk, lake, stream, river, pond, body of water or any yard or premises, public or private, any filth of any kind, or cans, paper, trash, paper containers, rubbish, bottles, or any form of litter or waste matter.

(1957 Rev. Ords., §§ 9.802, 9.809; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 63-06, 5-15-06)

State law references—Refuse in public places and streams, SDCL 9-32-10; littering prohibited, SDCL 34A-7-6 et seq.; ordinances to regulate litter, SDCL 34A-7-14.

Sec. 18-3. Same–Duty of business owners, occupants.

(a) Generally. The owner or occupant of any store or other place of business situated within the city shall exercise reasonable diligence at all times to keep his premises clean of wastepaper, wrapping paper, paper napkins, cartons, package containers, and other used or waste materials thrown or left on such premises, and to take reasonable measures to prevent the materials from drifting or blowing to adjoining premises.

(b) Receptacles. Separate garbage and recycling receptacles of sufficient size and number shall be kept accessible to all persons on the premises where such articles may be placed.

(c) Signs. Every business establishment shall place upon its premises in a conspicuous place, in close proximity to the receptacles referred to in subsection (b) of this section, a sign which shall, in essence, convey to all persons a request that they use such receptacles for the separate disposal of garbage and recyclable materials.

Sec. 18-4. Same–Duty of person.

It shall be unlawful for any person going upon the premises of another to in any manner dispose of wastepaper, wrapping paper, paper napkins, cartons, package containers, and other used or waste materials except in receptacles provided for such purposes. It shall be unlawful for any person going upon the premises of another to dispose of recyclables in a garbage receptacle or to dispose of garbage in a recycling receptacle which may cause or permit recyclables to become contaminated or otherwise unfit or more difficult to recycle.

Sec. 18-5. Littering on premises of another.

It shall be unlawful for any person going upon the premises of another to in any manner dispose of litter except in receptacles provided for such purposes and except with the permission of the person in possession of the premises.

(Ord. No. 73-75, § 2, 11-17-75; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 63-06, 5-15-06)

If the occupant, person in charge or owner of any real property within 14 days fails to remove litter from real property after notice from the city to do so, the city may cause such litter to be removed and for such purpose may enter upon any such real property. The cost of such removal may be assessed against the real property.

(Ord. No. 73-75, § 3, 11-17-75; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 15-03, § 1, 2-10-03; Ord. No. 63-06, 5-15-06)

ARTICLE II. COLLECTION REGULATIONS

Sec. 18-15. Litter on sidewalk.

The owner or occupant of any lot or private ground abutting upon any public sidewalk shall not allow rubbish, debris or obstruction of any kind to be or remain on such sidewalk along such abutting property.

(1957 Rev. Ords., § 7.907; Ord. No. 2308, 12-14-64; Ord. No. 19-72, 4-10-72; Ord. No. 35-73, § 1, 4-30-73; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 63-06, 5-15-06)

Sec. 18-16. Preparation for deposit.

All household and commercially generated garbage, animal waste, rubbish, and other materials shall be placed in a securely tied bag. Recyclable materials shall be separated into their respective categories. Animal waste from commercial operations shall be transported and deposited in covered leakproof hauling units.

(Ord. No. 73-75, § 4, 11-17-75; Ord. No. 88-81, § 3, 11-2-81; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 63-06, 5-15-06)

Sec. 18-17. Garbage containers.

The occupant, owner, or manager of every dwelling, house, apartment, or construction site and of every place of business and building shall provide a suitable, rigid watertight container in which the occupants shall cause to be deposited all garbage, animal waste and rubbish, except yard waste, accumulating upon the premises. The garbage container shall be kept in an inconspicuous place beside or behind the structure which is reasonably accessible to the licensed commercial garbage hauler. There shall be provided a tightly-fitted cover for each container which shall be removed only for the purpose of depositing or removing garbage, rubbish, animal waste or cleaning. The vicinity of the garbage container shall be kept free from garbage, rubbish, animal waste, litter, yard waste or any putrescible matter that attracts flies and rats.

(Ord. No. 73-75, § 5, 11-17-75; Ord. No. 88-81, § 4, 11-2-81; Ord. No. 60-92, § 2, 6-22-92; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 63-06, 5-15-06)

Sec. 18-17. 1.Rental units: Garbage and recycling service.

The owner or manager of any dwelling who rents, leases, or lets dwelling unit(s) for human habitation shall provide in a location accessible to all dwelling units at least one 30-gallon receptacle for each dwelling unit, or receptacles with a capacity sufficient to prevent the overflow of garbage and rubbish from occurring, and receptacles for recycling, into which garbage, rubbish, and recyclable materials from the dwelling units may be emptied between days of collection. The owner or manager of the units shall subscribe to and pay for garbage removal and recycling service as required by ordinance. For single-family dwelling units and duplexes, such services may be provided by the tenant, if a written lease so provides.

Sec. 18-18. Maintenance of containers.

Every container required by this article shall be maintained in as sanitary condition as possible in view of the use to which it is put, and shall be thoroughly cleansed as needed by washing, sanitizing or otherwise.

(Ord. No. 73-75, § 6, 11-17-75; Ord. No. 88-81, § 5, 11-2-81; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 63-06, 5-15-06)

Sec. 18-19. Garbage service required.

Every dwelling unit and every other occupied building within the city shall have commercial garbage service. The occupant, owner, or manager of such dwelling or other occupied building shall each be responsible for securing such service at least once each week for each occupied building within the city.

(Ord. No. 73-75, § 7, 11-17-75; Ord. No. 43-93, § 2, 5-17-93; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 43-97, § 2, 6-2-97; Ord. No. 74-04, § 3, 7-12-04; Ord. No. 63-06, 5-15-06)

Sec. 18-20. Yard waste collection.

Yard waste shall be collected by licensed commercial garbage haulers. Yard waste shall be deposited in a proper container, a Kraft-type paper bag designated for yard waste, or a 32-gallon rigid watertight container with a tightly fitted cover, and placed at a location, other than curbside, designated for collection by the licensed commercial garbage hauler contracted to remove the same. All yard waste and containers therefore shall be kept in an inconspicuous place except when placed for collection. Yard waste shall be collected or removed at a minimum of once a week.

(Ord. No. 60-92, § 3, 6-22-92; Ord. No. 72-92, § 1, 8-3-92; Ord. No. 43-93, § 4, 5-17-93; Ord. No. 70-93, § 1, 9-20-93; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 63-06, 5-15-06)

Residential recyclables shall be collected at least once each month by a licensed garbage hauler. Recyclables shall be separated from household garbage and rubbish and deposited in a proper recycling container and placed at a location, other than curbside, as directed by the licensed hauler contracted to remove the same. All recyclables and containers therefore shall be kept in an inconspicuous place except when placed for collection. Residential recyclables collected shall not be deposited at the sanitary landfill. The separation of glass shall be on a voluntary basis.

(Ord. No. 43-93, § 5, 5-17-93; Ord. No. 70-93, § 2, 9-20-93; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 43-97, § 3, 6-2-97; Ord. No. 63-06, 5-15-06)

Sec. 18-22. Non-residential recyclable collection.

Commercial and business establishments, governmental facilities, entertainment facilities, and schools, shall separate from the waste stream all items excluded from disposal at the Landfill as specified in section 18-32 generated by or accruing to such establishments, prior to removal from the subject premises. Such recyclable materials shall not be deposited at the sanitary landfill. Such recyclables shall be removed from the premises at a minimum of once a month.

Sec. 18-23. Apartment garbage and recycling service.

Every owner of an apartment shall do the following to facilitate recycling in each such building:

(1) Provide adequate recycling containers for recyclable material. Containers shall be stored on the premises in a screened location that is convenient for the deposit and collection of recyclables.

(3) Distribute written information to the building tenants at the time of leasing and at least annually thereafter regarding the established recycling program. If the landlord changes the garbage/recycling service provider, the landlord shall promptly provide tenants with recycling information relative to the new provider.

(4) Annually post a copy of the recycling information in a conspicuous place available to all residents, unless the physical structure of the premises does not allow for a common area which is available to all tenants. Any time the information is not easily legible, it shall be reposted.

(5) Provide notification to the City Recycling Coordinator by April 30 of each year of the following:

b. That recycling information has been posted in a conspicuous place on the premises;

c. The identity of the garbage hauler hired to provide the service to each apartment building, by address; and

d. The information being provided to his or its tenants, i.e., City of Sioux Falls recycling brochure, garbage hauler's letter, or landlord-drafted letter.

Information not received by the Recycling Coordinator by May 1 shall be considered delinquent. Failure to provide information shall be punished as any other violation of ordinance.

(Ord. No. 149-95, § 1, 11-20-95; Ord. No. 43-97, § 5, 6-2-97; Ord. No. 15-03, § 2, 2-10-03; Ord. No. 63-06, 5-15-06)

Sec. 18-24. Residential recyclables.

Residential recyclables shall be stored separately from garbage while awaiting collection.

Secs. 18-25—18-27. Reserved.

ARTICLE III. SANITARY LANDFILL

Sec. 18-28. Designation.

The city council shall designate an area to be known as the sanitary landfill which shall be for the deposit of municipal solid waste, construction and demolition debris, asbestos, and other waste materials.

(Ord. No. 73-75, § 8, 11-17-75; Ord. No. 88-81, § 6, 11-2-81; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 43-97, § 6, 6-2-97; Ord. No. 74-04, § 4, 7-12-04; Ord. No. 63-06, 5-15-06)

Sec. 18-29. Unlawful deposits.

It shall be unlawful for any person to deposit or cause to be deposited any garbage, rubbish, animal waste or other waste material in or upon any park, street, alley, gutter or in or upon any other private or public property within this city or upon any other property on the route between this city and the sanitary landfill area.

(1957 Rev. Ords., § 7.908; Ord. No. 2308, 12-14-64; Ord. No. 88-81, § 7, 11-2-81; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 63-06, 5-15-06)

Sec. 18-30. Rates for use.

(a) Municipal solid waste, sludges, or solid waste generated from the treatment of regulated medical waste, and other solid waste material not defined within this section generated in Minnehaha, McCook, Lincoln, Turner, and Lake Counties, South Dakota, deposited at Sioux Falls landfill:

(2) Pickup trucks, panel trucks, and two-wheel trailers not to exceed three cubic yards: $16.00 to include surcharge.

(3) Four-wheel trailers and trucks: $32.00 per ton, plus surcharge, with a minimum charge of $16.00 per load.

(4) Municipal solid waste, sludges, or solid waste generated from the treatment of regulated medical waste, and other solid waste material not defined within this section generated outside of Minnehaha, McCook, Lincoln, Turner, and Lake Counties, South Dakota: $96.50 per ton, with a minimum charge of $16.00 per load.

(b) Construction and demolition debris waste, wood waste, and appliances generated in Minnehaha, McCook, Lincoln, Turner, and Lake Counties, South Dakota, deposited at Sioux Falls landfill:

(2) Pickup trucks, panel trucks, and two-wheel trailers not to exceed three cubic yards: $16.00 to include surcharge.

(3) Four-wheel trailers and trucks: $30.00 per ton, plus surcharge, with a minimum charge of $16.00 per load.

(4) Trailer houses shall be charged at $7.00 per cubic yard, utilizing 3 feet times length times width, and converting to cubic yards.

(5) Construction and demolition debris waste, wood waste, and appliances generated outside of Minnehaha, McCook, Lincoln, Turner, and Lake Counties, South Dakota: $96.50 per ton, with a minimum charge of $16.00 per load.

(2) Pickup trucks, panel trucks, and two-wheel trailers not to exceed three cubic yards: $5.00 to include surcharge.

(3) Commercial haulers, four-wheel trailers, and trucks: $10.00 per ton, with a minimum charge of $2.00 per load.

(4) Yard waste generated outside Minnehaha, McCook, Lincoln, Turner, and Lake Counties, South Dakota: $22.00 per ton or $3.00 per bag.

(5) Leaves generated in the City of Sioux Falls and unloaded at city-designated leaf drop-off sites by individuals (no commercial vehicles): $2.00 per passenger car, pickup truck, or two-wheel trailer.

(e) Special waste generated in Minnehaha, McCook, Lincoln, Turner, and Lake Counties, South Dakota:

(1) Asbestos: $15.00 per cubic yard based on the manufacturer's box rating or on box capacity as determined through measurement by the city.

(2) Contaminated soils, materials, sediments containing petroleum constituents or antifreeze: $15.00 per ton.

(3) The minimum charge under this section is a three cubic yard or three ton charge.

(f) Special waste generated outside Minnehaha, McCook, Lincoln, Turner, and Lake Counties, South Dakota:

(1) Asbestos: $70.00 per cubic yard based on the manufacturer's box rating or on box capacity as determined through measurement by the city.

(2) Contaminated soils, materials, sediments containing petroleum constituents or antifreeze: $70.00 per ton.

(3) The minimum charge under this section is a three cubic yard or three ton charge.

(g) Large electronics: $10.00 per unit up to three units, $1.00 per pound for over three units.

(h) Hand-held electronics: No charge for up to ten units, $1.00 per pound for over ten units.

(i) In addition to the above rates for solid waste, there will be added thereto a solid waste management fee of $1.00 per ton pursuant to SDCL 34A-6-81.

Exceptions: asphalt, concrete, contaminated soil, steel, white goods, and tires if loaded in a manner such that the items are not likely to fall or be blown from the vehicle.

(k) The city may charge patrons of the sanitary landfill, compost site, or the rubble site any and all costs associated with the patrons' failure to follow sanitary landfill, compost site, or rubble site rules and procedures for any class of waste.

(l) Deer or elk carcasses generated within the state: private individuals, no charge up to ten carcasses; businesses, $50.00 per ton.

(1957 Rev. Ords., § 7.909; Ord. No. 2308, 12-14-64; Ord. No. 2655, 12-8-69; Ord. No. 21-72, 4-17-72; Ord. No. 44-73, § 1, 5-14-73; Ord. No. 50-75, § 1, 9-2-75; Ord. No. 56-76, §1, 6-28-76; Ord. No. 18-79, § 1, 3-12-79; Ord. No. 107-86, 12-8-86; Ord. No. 127-89, §§ 1, 2, 12-11-89; Ord. No. 36-90, §§ 1, 2, 4-16-90; Ord. No. 125-90, § 1, 12-24-90; Ord. No. 35-91, § 1, 4-8-91; Ord. No. 71-91, §1, 9-23-91; Ord. No. 5-92, § 1, 1-21-92; Ord. No. 28-92, §§ 1, 2, 3-9-92; Ord. No. 60-92, § 4, 6-22-92; Ord. No. 105-92, § 1, 12-7-92; Ord. No. 70-93, § 3, 9-20-93; Ord. No. 95-93, § 1, 12-6-93; Ord. No. 73-94, §§ 1, 2, 8-15-94; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 75-01, § 2, 8-6-01; Ord. No. 99-02, § 1, 11-25-02; Ord. No. 15-03, §3, 2-10-03; Ord. No. 38-04, § 2, 4-5-04; Ord. No. 74-04, § 5, 7-12-04; Ord. No. 12-05, § 1, 2-14-05; Ord. No. 63-06, 5-15-06; Ord. No. 89-06, §1, 7-17-06; Ord. No. 93-07, §1, 6-18-07; Ord. No. 76-08, § 1, 6-16-08)

Sec. 18-31. Drop-off site for large electronics and hand-held electronics; fees; etc.

The city shall provide a drop-off site for large electronics and hand-held electronics at least twice each year upon dates and at locations that are approved by the city council. Any fees authorized by section 18-30 of this code of ordinances shall be waived for any citizen of the counties served by the City of Sioux Falls Sanitary Landfill bringing large electronics or hand-held electronics to the designated drop-off site for disposal.

Sec. 18-32. Certain materials excluded.

The following materials shall be excluded from the solid wastes deposited at the landfill site:

(6) Wood waste, unless hauled by a licensed commercial garbage hauler as municipal solid waste.

Any person bringing material for deposit at the landfill, upon entry onto the landfill premises, authorizes the city to inspect the material before deposit. If excluded materials are discovered during the inspection, the city may refuse the entire load and charge the person attempting to deposit the materials the cost of the inspection.

(1957 Rev. Ords., § 7.910; Ord. No. 2308, 12-14-64; Ord. No. 19-72, 4-10-72; Ord. No. 56-74, § 1, 10-21-74; Ord. No. 73-75, § 9, 11-17-75; Ord. No. 88-81, § 8, 11-2-81; Ord. No. 60-92, § 5, 6-22-92; Ord. No. 56-94, § 1, 6-20-94; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 43-97, § 7, 6-2-97; Ord. No. 75-01, § 3, 8-6-01; Ord. No. 15-03, § 4, 2-10-03; Ord. No. 38-04, § 3, 4-5-04; Ord. No. 63-06, 5-15-06)

Sec. 18-33. Removal restricted.

It shall be unlawful for any person to remove or cause to be removed from the rubble sites or sanitary landfills of this city any articles or material of any kind after the articles or materials have been deposited there, with the exception of the following:

(1) The city reserves the right to enter into a contract with a person for the right of resource recovery at rubble sites.

(2) The city reserves the right to allow the cutting and removal of firewood from the wood waste area; provided, that persons cutting and removing firewood must wear protective clothing and abide by the safety regulations posted at the site.

(3) The city reserves the right to allow removal of finished compost and wood chips.

(4) The city reserves the right to recover materials for use at city facilities.

(1957 Rev. Ords., § 7.911; Ord. No. 2308, 12-14-64; Ord. No. 25-88, § 1, 4-11-88; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 63-06, 5-15-06)

Sec. 18-34. Private landfill unlawful.

No person shall operate or permit the operation of a disposal site in the city for the disposal of garbage, litter, rubbish or animal waste.

(Ord. No. 19-72, 4-10-72; Ord. No. 73-75, § 10, 11-17-75; Ord. No. 82-79, § 1, 9-4-79; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 63-06, 5-15-06)

Sec. 18-35. Refusal to admit certain vehicles.

The city may refuse the admittance or the unloading at the sanitary landfill of the following vehicles:

(1) Those so loaded or uncovered so that material may fall or be blown off the vehicle while in transit.

(3) Those containing special wastes not having received prior approval of the director or his designee or not having provided the landfill a minimum of 24 hours notice of intent to deliver said special wastes.

(4) Those containing materials in a form which when unloaded at the landfill will blow or is prone to blow from the face of the landfill.

(5) Those containing solid waste from the treatment of regulated medical waste not having documentation of waste sources and third party testing.

(6) Those belonging to or operated by an entity having an unpaid balance on account with the City of Sioux Falls Sanitary Landfill that is 60 days or more past due.

(Ord. No. 55-74, § 1, 10-21-74; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 75-01, § 4, 8-6-01; Ord. No. 15-03, §5, 2-10-03; Ord. No. 63-06, 5-15-06)

Secs. 18-36—18-43. Reserved.

ARTICLE IV. COMMERCIAL HAULERS

Sec. 18-44. License required.

No commercial garbage hauler shall use the streets or the City of Sioux Falls Sanitary Landfill for the collection, removal or disposal of any garbage, animal waste, rubbish, or recyclable materials without first having obtained a garbage hauler's license from the city.

(Ord. No. 111-89, § 1, 10-16-89; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 98-02, § 1, 11-18-02; Ord. No. 63-06, 5-15-06)

Sec. 18-45. Chapter 23 applicable.

The provisions of chapter 23, insofar as the chapter may be applicable and not in conflict, shall apply to and govern the issuance of any license under the provisions of this article.

(Ord. No. 111-89, § 1, 10-16-89; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 63-06, 5-15-06)

Sec. 18-46. Identifying name.

Each vehicle having a permit under this article shall permanently display the licensed commercial garbage hauler's name in easily-legible letters at least three inches high or identifying logo. Any container belonging to a licensed commercial garbage hauler shall bear the hauler's name or identifying logo. Recyclables containers shall also be labeled for specific materials to be placed therein.

Sec. 18-47. Reserved.

Sec. 18-48. Transfer.

A license issued under the provisions of this article may be transferred after paying the city a transfer fee as set out in section 23-25(4). The transfer will be approved only to a person meeting the minimum start-up requirements for garbage hauling. Any person having a controlling interest in an existing garbage hauling operation cannot have a monetary interest in other licensed garbage hauling operations in the city. Licenses transferred upon sale of a business to a new owner may be reissued in the name of the previous owner upon payment of a reissuance fee, compliance with the provisions of this article and proof that the business has been returned.

(Ord. No. 111-89, § 1, 10-16-89; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 63-06, 5-15-06)

Sec. 18-49. Expiration.

Every license issued under the provisions of this article, unless renewed, shall expire on December 31 following its date of issuance. Sale of a licensed garbage hauling business to an existing licensed garbage hauling business will cause the seller's license to expire upon transfer of responsibility for conducting or managing operations.

(Ord. No. 111-89, § 1, 10-16-89; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 15-03, § 7, 2-10-03; Ord. No. 63-06, 5-15-06)

Sec. 18-50. Hauling unit permits.

A permit fee as set out in section 23-30(10) shall be charged for each hauling unit used by the licensee to transport garbage.

(Ord. No. 111-89, § 1, 10-16-89; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 63-06, 5-15-06)

Sec. 18-51. Unit inspection required.

All hauling units permitted under this article shall be subject to random inspections by the city. Random inspections include inspections of vehicles, equipment, and contents delivered to the landfill for deposit.

(Ord. No. 111-89, § 1, 10-16-89; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 15-03, § 8, 2-10-03; Ord. No. 63-06, 5-15-06)

Sec. 18-52. Display of permit.

The permits issued for the hauling units under this article shall be permanently displayed on each unit permitted to carry garbage.

(Ord. No. 111-89, § 1, 10-16-89; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 63-06, 5-15-06)

Sec. 18-53. Minimum design and capacity requirements for vehicles and containers.

All licensed commercial garbage haulers are required to have watertight vehicles or containers which shall be permanently covered with no openings on top that would allow the contents to escape. All metal boxes are required and shall be equipped with metal doors which shall be in a closed position when the truck is in motion. Containers must be attached to the frame when in transport. Vehicles and containers must be manufactured or designed for garbage hauling. Pickup trucks containing dumpsters, open-framed boxes and wood-framed trucks are prohibited. Such vehicles or containers shall be thoroughly washed at such times as may be directed by the city or as may be necessary to keep the vehicles or containers in proper sanitary condition. Such vehicles or containers transporting garbage and rubbish or animal waste shall be so loaded that all the material shall be carried within the metal containers.

(Ord. No. 111-89, § 1, 10-16-89; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 15-03, § 9, 2-10-03; Ord. No. 63-06, 5-15-06)

Sec. 18-54. Loading of vehicles.

Vehicles used for transporting rubbish, animal waste and waste materials shall be loaded so that no materials shall fall off or be blown off the vehicle while in transit. Loosely loaded vehicles with open boxes must be tarped.

(Ord. No. 111-89, § 1, 10-16-89; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 63-06, 5-15-06)

Sec. 18-55. Reserved.

Sec. 18-56. Collection conditions.

Every licensed garbage collector or hauler shall collect the garbage, rubbish, and animal waste from residential customers at least once each week and from business customers at least once in each week. The collections in the business district shall be made as early in the day as convenient. Garbage, rubbish, and animal waste loaded in a hauling unit must be in transport to a proper disposal site within 48 hours after pickup, unless the City of Sioux Falls Sanitary Landfill has been closed for more than 24 consecutive hours.

(Ord. No. 111-89, § 1, 10-16-89; Ord. No. 43-93, § 3, 5-17-93; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 63-06, 5-15-06)

Sec. 18-57. Minimum vehicle requirements.

Persons seeking a garbage hauler's business license shall provide proof of ownership of a minimum of one packer truck in good working condition. This requirement shall not apply to persons using roll-off containers exclusively.

(Ord. No. 111-89, § 1, 10-16-89; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 63-06, passed 5-15-06)

Sec. 18-58. Proof of insurance required for license.

No license shall be issued to any garbage hauler until proof of insurance is furnished to the city, showing the following insurance to be in full force and effect during the entire term of the license. The licensee shall furnish proof of liability insurance for public liability and property damage and for bodily injury/death growing out of any one accident or any other cause in the minimum sum of $250,000.00 for one person, with an annual aggregate limit of $500,000.00 for two or more persons; and in addition shall provide damage liability insurance in the minimum of $100,000.00 for property damage growing out of any one accident or other cause, or as an alternative, provide combined limit for bodily injury/death or property damage in the sum of $500,000.00. Such public liability and property damage insurance shall protect against loss from liability imposed by law for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to have been suffered by any person resulting directly or indirectly from any act or activity of the licensee or any person acting for the licensee or under the licensee or under the licensee's control or direction and also to protect against loss from liability imposed by law for damages to property of any person caused directly or indirectly by acts or activities of the licensee or any person acting for the licensee or under the licensee's control or direction.

(Ord. No. 111-89, § 1, 10-16-89; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 63-06, 5-15-06)

Sec. 18-59. Solid waste collection rates.

All licensed garbage haulers shall file, as a part of their application for a license, a general statement of their use rate structures and billing systems consistent with the city's comprehensive plan of solid waste reduction and recycling program which shall include the following elements:

(1) A rate to reward people who reduce their level of solid waste collection service based either upon volume or weight.

(2) A rate to provide customers with adequate options and incentives to reduce their weekly level of solid waste collection service and the amount of solid waste collected as a result of their participation in waste reduction and recycling programs.

(3) A rate that includes the combined cost of solid waste, using the above elements, and recycling collection services.

(Ord. No. 43-93, § 6, 5-17-93; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 63-06, 5-15-06)

Sec. 18-60. Garbage haulers licensed recyclable collectors.

A license under section 18-44 permits and requires the holder to collect recyclables, as well as the items listed in that section.

(Ord. No. 43-93, § 7, 5-17-93; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 63-06, 5-15-06)

Sec. 18-61. Licensed recyclable collectors.

It shall be unlawful to purchase recyclables in the city or use the streets for the collection of recyclables without first having obtained a recyclable collectors' license from the city. Only persons with a license under section 18-44 may collect residential recyclables.

Sec. 18-62. Reserved.

Sec. 18-63. Filing of reports.

Every licensed recyclable collector shall file with the Recycling Coordinator a monthly report of their recycling tonnages on forms provided by the city showing the total weight by type of recyclables collected and those delivered to a recycling collection and/or processing facility not licensed by the city. Records relating to recycling activities shall be kept confidential, upon request, to the extent necessary to protect proprietary information.

(Ord. No. 149-95, § 1, 11-20-95; Ord. No. 15-03, § 11, 2-10-03; Ord. No. 63-06, 5-15-06)

Sec. 18-64. Recycling collection and/or processor; license required.

It shall be unlawful to purchase recycled materials or operate a recycling collection facility or a recycling processing facility without first obtaining a recycling collection and/or processing facility license from the city.

Sec. 18-65. Reserved.

Sec. 18-66. Filing of reports.

Every licensed recycling collection and/or processing facility shall file a monthly report before the 15th of the following month with the city on forms provided by the city, showing the total weight by type of recyclables purchased and/or processed during the reporting period. Records relating to recycling activities shall be kept confidential upon request, to the extent necessary, to protect proprietary information.

(Ord. No. 149-95, § 1, 11-20-95; Ord. No. 15-03, § 13, 2-10-03; Ord. No. 63-06, 5-15-06)

Sec. 18-67. Confidentiality of information.

The information disclosed under sections 18-59 and 18-63 may be disclosed only to the following:

(1) The licensee who is required to submit the information to the department, or his designee appointed in writing;

(2) Officers, employees, or legal representatives of the department for the purposes of, and only to the extent necessary in, the administration of this section;

(3) Any agency, body, commission, or legal representative of the United States or the State of South Dakota charged with the administration of solid waste management, and only to the extent necessary in, the administration of such laws and regulations; and

Sec. 18-68. Customer information.

All licensed garbage collectors/haulers shall at least annually provide customers with written information regarding volume of base-rate structure and garbage, recycling, and yard waste service.

Sec. 18-69. Reserved.

ARTICLE V. SOLID WASTE, REGULATED MEDICAL WASTE, TRANSFER IN RECYCLING FACILITIES

Sec. 18-70. License required.

No person shall operate a solid waste or regulated medical waste, transfer or treatment facility without first having obtained a license to perform such service from the city.

(Ord. No. 93-88, § 2, 10-24-88; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 75-01, § 6, 8-6-01; Ord. No. 15-03, §14, 2-10-03; Ord. No. 63-06, 5-15-06)

Sec. 18-71. Application for license.

A written application for a license required by this chapter, if not provided for otherwise shall be filed with the city and shall set forth the following information:

(3) A schematic drawing of buildings and other structures, showing layout and general dimensions for unloading, storage, compacting, processing, parking and loading areas.

(5) A description of the fire-control equipment and additional emergency firefighting equipment that will be located at the facility or site.

(6) An estimate of the design capacity and current daily capacity of the facility in tons.

(7) Anticipated amount and planned method for final disposal of authorized collections.

a. Workers' compensation insurance providing the statutory limits required by South Dakota law. In addition, it shall provide coverage B, employer's liability coverage, of not less than $1,000,000.00 each accident, $1,000,000.00 disease-Policy limits. The required limit may be met by excess liability (umbrella) coverage.

b. Commercial general liability insurance providing occurrence form contractual, personal injury, bodily injury, and a property damage and liability coverage with limits of at least $1,000,000.00 per occurrence, $2,000,000.00 general aggregate, and $2,000,000.00 aggregate products and completed operations. The required limit may include excess liability (umbrella) coverage. If "occurrence form" insurance is not available, "claims made" insurance will be acceptable.

c. Automobile liability insurance covering all owned, nonowned, and hired automobiles, trucks, and trailers. The coverage shall be as broad as that found in the standard comprehensive automobile liability policy with limits of not less than $1,000,000.00 combined single limit each occurrence. The required limit may include excess liability (umbrella) coverage.

The city's approval or acceptance of certificates of insurance does not constitute city assumption of responsibility for the validity of any insurance policies nor does the city represent that the above coverages and limits are adequate to protect any individual/group or business, and assumes no liability therefor.

(9) A bond shall be filed with the city finance office in an amount of at least $25,000.00, indemnifying the public against damages sustained because of any spill, dump or discharge occurring at the transfer, collection or processing facility or during transport from the facility to a permanent disposal site.

(10) A written emergency operational plan to provide for an alternative waste-handling system during periods of in operation, if applicable.

(Ord. No. 93-88, § 2, 10-24-88; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 75-01, § 7, 8-6-01; Ord. No. 15-03, §15, 2-10-03; Ord. No. 63-06, 5-15-06)

Sec. 18-72. Transfer.

(Ord. No. 93-88, § 2, 10-24-88; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 63-06, 5-15-06)

Sec. 18-73. Renewal.

(Ord. No. 93-88, § 2, 10-24-88; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 15-03, § 16, 2-10-03; Ord. No. 63-06, 5-15-06)

Sec. 18-74. License fees.

On filing an original application or a renewal application for a license to operate a solid waste or regulated medical waste transfer or treatment facility, or a solid waste transfer site, the applicant shall pay a fee as provided for in Chapter 23.

(Ord. No. 93-88, § 2, 10-24-88; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 75-01, § 9, 8-6-01; Ord. No. 63-06, 5-15-06)

Sec. 18-75. Denial or revocation.

A license required by this chapter may be denied or revoked by the city if one or more of the following facts or circumstances are found to exist:

(2) The facility is permitted to operate in such a manner as to create air, land or water pollution, public health hazards or nuisances.

(5) Violation by the licensee of any applicable provision of this Code, state law, rule or regulation.

(6) Failure to pay or keep current any account with the Sanitary Landfill as required by section 18-35(6).

(7) Failure to meet the recycling goal for the previous year. The recycling goal for 2006 is eight percent by weight. The recycling goal for each subsequent year shall be the average (the mean) ratio recycled by all licensed commercial garbage haulers during the immediately prior year. Licensed commercial garbage haulers will be informed of the recycling goal for the current year by March 31.

(Ord. No. 93-88, § 2, 10-24-88; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 15-03, § 17, 2-10-03; Ord. No. 63-06, 5-15-06)

Sec. 18-76. Operating requirements.

General requirements and operation procedures for solid waste transfer facilities are listed as follows:

(1) Storage of salvage. Salvaging and volume reduction operations shall be restricted to a specified, clearly identified area of the transfer facility. Salvage materials generated onsite or imported shall be stored away from other activity areas and be limited to a volume as approved by the Sioux Falls Sanitary Landfill. Stored materials salvaged from solid wastes shall be ancillary to the operation of the facility, unless such storage is planned as an integral part of the operation.

(2) Drainage control. Surface drainage shall be handled as specified in the facility design. Storm water drainage leaving the facility shall not contain pollutants, solids, washwater or leachate emanating from solid wastes or any other process wastewater.

(3) Housekeeping. A high standard of housekeeping is required in the maintenance of station equipment. Accumulation of fuel drums, parts, inoperable equipment, tires, scrap, and similar items must be minimized unless reasonably screened from outside the station boundary.

(5) Equipment construction. All equipment used for the collection and transportation of solid wastes shall be durable, easily cleanable and designed for safe handling and constructed to prevent loss of waste from the equipment during collection or transportation. All equipment shall be maintained in a good condition and cleaned in a frequency and in a manner to prevent the propagation or attraction of flies, mosquitoes, rodents, birds and other vectors.

(6) Frequency of removal. Waste can be stored at the transfer facility or site for no longer than 48 hours. A weekly removal of salvaged waste material is required. Other frequencies may be acceptable, so long as they do not result in health or safety problems and are authorized by the Sioux Falls Sanitary Landfill.

(Ord. No. 93-88, § 2, 10-24-88; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 15-03, § 18, 2-10-03; Ord. No. 63-06, 5-15-06)

Sec. 18-77. Volume reduction permitted.

Volume reduction operations, such as baling, shredding, compacting, or salvaging, are permitted at a solid waste transfer facility, provided they are conducted in a controlled manner as an integral part of the operation and in conformance with conditions established by the Sioux Falls Sanitary Landfill. Volume reduction activities shall not interfere with other aspects of facility operation and shall be controlled to minimize health, safety, or nuisance problems.

(Ord. No. 93-88, § 2, 10-24-88; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 63-06, 5-15-06)

Sec. 18-78. Conduct prohibited.

The following conduct is prohibited, unless the applicable permit to allow such activity has been obtained and the operation is in accordance with the appropriate federal, state, and local laws, rules and regulations:

(Ord. No. 93-88, § 2, 10-24-88; Ord. No. 149-95, § 1, 11-20-95; Ord. No. 75-01, § 8, 8-6-01; Ord. No. 63-06, 5-15-06)

Sec. 18-79. Requirements for disposal of solid waste generated from the treatment of regulated medical waste.

Any person that brings solid waste generated from the treatment of regulated medical waste to the landfill shall meet the following requirements:

(1) Provide documentation that the waste has been properly treated. Sampling and testing of the solid waste generated from the treatment of regulated medical waste shall be performed by a method and frequency approved by the city.

(2) Maintain waste manifests containing information regarding the waste generators and quantities of materials treated from each source.

(Ord. No. 75-01, § 10, 8-6-01; Ord. No. 15-03, § 19, 2-10-03; Ord. No. 63-06, 5-15-06)

ARTICLE VI. SOLID WASTE PLANNING BOARD

Sec. 18-80. Creation.

Sec. 18-81. Composition of board.

The solid waste planning board shall be appointed by the mayor with the advice and consent of the council:

a. Three members shall be city employees, the Landfill Manager, the Recycling Coordinator, and the Environmental Manager, each of whom shall serve at the pleasure of the mayor.

b. Two members shall be representatives of the garbage hauling/recycling industry.

(2) The terms of members, except the city employees, shall be for a period of three years, and members may serve an unlimited number of terms.

Sec. 18-82. Purpose.

(a) Review the current waste stream of the users of the Sioux Falls landfill and investigate how the waste stream may vary in the future and analyze how current and future recycling efforts may impact on the waste stream.

(b) Assess the availability of markets and potential markets for recyclable materials on the local, regional, and national scale, including collection sites, actual recycling operations, prices, and any related matters.

(d) Develop plans and pilot projects to achieve waste reduction and recycling goals and provide economic, environmental, and social cost-benefit analysis for each project.

(f) Review and analyze alternative methods (other than landfilling) for disposal of "special wastes," i.e., hazardous wastes generated by households and small quantity generators, waste oil, tires, batteries, pesticides, and any other problem wastes.

Sec. 18-83. Staff.

The city Recycling Coordinator shall serve as chairman for the board. The city attorney shall appoint a staff member of the attorney's office to advise the board.

(Ord. No. 61-98, § 1, 6-15-98; Ord. No. 15-03, § 20, 2-10-03; Ord. No. 63-06, 5-15-06)

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Chapter 18 GARBAGE AND RECYCLING*

ARTICLE I. IN GENERAL

Sec. 18-2. Littering prohibited–Generally.

Sec. 18-3. Same–Duty of business owners, occupants.

Sec. 18-4. Same–Duty of person.

Sec. 18-5. Littering on premises of another.

ARTICLE II. COLLECTION REGULATIONS

Sec. 18-15. Litter on sidewalk.

Sec. 18-16. Preparation for deposit.

Sec. 18-17. Garbage containers.

Sec. 18-17. 1.Rental units: Garbage and recycling service.

Sec. 18-18. Maintenance of containers.

Sec. 18-19. Garbage service required.

Sec. 18-20. Yard waste collection.

Sec. 18-22. Non-residential recyclable collection.

Sec. 18-23. Apartment garbage and recycling service.

Sec. 18-24. Residential recyclables.

Secs. 18-25—18-27. Reserved.

ARTICLE III. SANITARY LANDFILL

Sec. 18-28. Designation.

Sec. 18-29. Unlawful deposits.

Sec. 18-30. Rates for use.

Sec. 18-31. Drop-off site for large electronics and hand-held electronics; fees; etc.

Sec. 18-32. Certain materials excluded.

Sec. 18-33. Removal restricted.

Sec. 18-34. Private landfill unlawful.

Sec. 18-35. Refusal to admit certain vehicles.

Secs. 18-36—18-43. Reserved.

ARTICLE IV. COMMERCIAL HAULERS

Sec. 18-44. License required.

Sec. 18-45. Chapter 23 applicable.

Sec. 18-46. Identifying name.

Sec. 18-47. Reserved.

Sec. 18-48. Transfer.

Sec. 18-49. Expiration.

Sec. 18-50. Hauling unit permits.

Sec. 18-51. Unit inspection required.

Sec. 18-52. Display of permit.

Sec. 18-53. Minimum design and capacity requirements for vehicles and containers.

Sec. 18-54. Loading of vehicles.

Sec. 18-55. Reserved.

Sec. 18-56. Collection conditions.

Sec. 18-57. Minimum vehicle requirements.

Sec. 18-58. Proof of insurance required for license.

Sec. 18-59. Solid waste collection rates.

Sec. 18-60. Garbage haulers licensed recyclable collectors.

Sec. 18-61. Licensed recyclable collectors.

Sec. 18-62. Reserved.

Sec. 18-63. Filing of reports.

Sec. 18-64. Recycling collection and/or processor; license required.

Sec. 18-65. Reserved.

Sec. 18-66. Filing of reports.

Sec. 18-67. Confidentiality of information.

Sec. 18-68. Customer information.

Sec. 18-69. Reserved.

ARTICLE V. SOLID WASTE, REGULATED MEDICAL WASTE, TRANSFER IN RECYCLING FACILITIES

Sec. 18-70. License required.

Sec. 18-71. Application for license.

Sec. 18-72. Transfer.

Sec. 18-73. Renewal.

Sec. 18-74. License fees.

Sec. 18-75. Denial or revocation.

Sec. 18-76. Operating requirements.

Sec. 18-77. Volume reduction permitted.

Sec. 18-78. Conduct prohibited.

Sec. 18-79. Requirements for disposal of solid waste generated from the treatment of regulated medical waste.

ARTICLE VI. SOLID WASTE PLANNING BOARD

Sec. 18-80. Creation.

Sec. 18-81. Composition of board.

Sec. 18-82. Purpose.

Sec. 18-83. Staff.