St. Helena Municipal Code Art. 3 Collection, Transportation and Disposal of Solid Waste, Recyclable…

The collection, removal and disposal of solid waste, recyclable materials, and organic waste may be performed only by the city under the direction of the city council, or by any person with whom the city has entered into a solid waste, recyclable materials, and organic waste removal contract, or may enter into contracts for the collection, removal and disposal thereof. (Ord. 22-1 § 2 (Exh. A))

The city council may contract for the collection, disposal, and/or recycling of solid waste, recyclable materials, and organic waste by granting to a qualified person the privilege of doing so. The privilege granted by the city may be exclusive or nonexclusive, and may relate to all or a portion within the city and may relate to all solid waste, recyclable materials, and organic waste or to any one or more of the substances constituting solid waste, recyclable materials, and organic waste. (Ord. 22-1 § 2 (Exh. A))

A. Solid waste, recyclable materials, and organic waste removal rates shall be as set forth in the solid waste, recyclable materials, and organic waste removal contract or any extension thereof between the city and contractor and as the same may be modified from time to time pursuant to the terms thereof. No contractor shall make any charge for such collection or disposal in excess of the established rates.

B. The owner of each premises shall be liable for payment of all charges for solid waste, recyclable materials, and organic waste removal service to his or her premises whether the owner occupies the premises or not. (Ord. 22-1 § 2 (Exh. A))

A. No person shall collect, transport and/or dispose of any solid waste, recyclable materials, or organic waste from any other person in the city and no person except the contractor shall collect, transport and/or dispose of any solid waste, recyclable materials, and organic waste on the streets of the city, except as otherwise expressly provided in this chapter.

B. No person who produces, generates or otherwise accumulates solid waste, recyclable materials, or organic waste shall pay, reimburse, contract with or in any other way arrange for any person other than the contractor to collect, transport and/or dispose of solid waste, recyclable materials, and organic waste, except as otherwise expressly authorized in this chapter. (Ord. 22-1 § 2 (Exh. A))

A. No provision of this chapter shall prevent the disposition of recyclable materials or organic waste for which there are established commercial values, and for which the generator, accumulator or producer actually receives compensation, such as used kitchen fats, provided such materials are accumulated in a sanitary manner and disposed of through regular commercial channels.

B. No provision of this chapter shall prohibit the donation of recyclable materials or organic waste for which there are established commercial values by the generator, accumulator or producer of such recyclable material to any approved drop-off center. Further, recyclable materials or organic waste may be provided free of charge to any charitable, youth, civic, religious or similar person, group or organization, and the collection, transport and/or disposal of such recyclable material and organic waste may be provided free of charge by such person, group or organization.

C. Nothing in this chapter shall prohibit any person from collecting, disposing or transporting any recyclable materials or organic waste for which the contractor does not provide recycling services pursuant to the city’s approved recycling program to or at any recycling drop-off center, community composting site or facility which is appropriately permitted or authorized under applicable health and safety laws and regulations.

D. Nothing in this chapter shall apply to or prohibit the disposition, collection, transport or disposal by any person of construction and demolition debris and wastes.

E. Nothing in this chapter shall prohibit the collection, transportation or disposal of lawn, tree and garden trimmings by any person as an incidental part of a landscaping or gardening service by that person.

F. All owners and occupants of structures who demonstrate and certify to the satisfaction of the director of public works or his or her designee that solid waste collection service is not needed may collect and transport solid waste produced on the premises where he or she resides or which he or she owns if the owner or occupant satisfies any of the following criteria:

1. The owner or occupant does not generate sufficient solid waste to require service and timely and appropriately transports his or her solid waste to a permitted disposal facility at least every seven days; or

2. The owner or occupant otherwise has arranged for shared solid waste disposal with the owner or occupant of another structure receiving solid waste collection service from the contractor, and such shared service does not involve an undue accumulation or improper storage of solid waste.

G. No provisions of this chapter shall bar any person from removing solid waste in an emergency situation where the contractor for any reason is unable to handle such solid waste and where such removal is necessary for the protection of public health. (Ord. 22-1 § 2 (Exh. A))

No person shall remove, convey or transport any solid waste, recyclables, or organic waste along, upon or over any public street, highway or public place in the city, except in such manner so as to prevent the contents thereof from dropping upon the public streets. The contractor shall only convey solid waste, recyclables, and organic waste on city streets in a tightly sealed and metal enclosed watertight motor truck. The truck body shall be constructed of metal, of sufficient strength to withstand fire from within, without endangering persons or property. The truck body in which solid waste, recyclables, or organic waste are hauled shall be washed thoroughly and cleaned at least once each week. The contractor shall park and store all vehicles used in the pickup and transport of solid waste in a designated area to be agreed upon between the city and contractor. (Ord. 22-1 § 2 (Exh. A))

A. Solid waste, recyclable materials, and organic waste shall be collected at least once each week.

B. The contractor shall dispose of solid waste, recyclable materials, and organic waste at its disposal site or processing facility on the same day as the contractor collects the solid waste, recyclable materials, and organic waste. The contractor shall not permit a vehicle to be parked overnight with solid waste, recyclable materials, or organic waste stored in it.

C. The contractor and the city may agree upon the hours for the collection of solid waste, recyclable materials, and organic waste. However, the hours of collection may not begin before four-thirty a.m. (Ord. 22-1 § 2 (Exh. A))

A. Recyclable materials which are placed at the curbside or other collection location designated by the city or the contractor for collection by the contractor in containers provided by the contractor shall be collected solely by the contractor.

B. No person other than the contractor shall remove recyclable materials which have been placed at the curbside or other designated collection location for removal by the contractor in containers provided by the contractor.

C. No person shall burn, break, destroy, scatter, scavenge, collect or take any recyclable materials placed at the curbside or other designated collection location for collection by the contractor, without the consent of either: (1) the resident, owner or occupant of the premises or establishment which generated the recyclable materials; or (2) the authorized contractor.

D. Nothing in this chapter shall limit the right of an individual person, organization or entity to donate, sell or otherwise dispose of recyclable materials; provided, that any such conduct is otherwise in accordance with the provisions of this chapter. (Ord. 22-1 § 2 (Exh. A))

A. No person shall interfere with the collection, removal or disposal of refuse or curbside recyclable materials by the contractor.

B. No person other than an authorized city employee or the city’s authorized curbside recyclable materials collector shall take, remove, move or otherwise appropriate any container in which recyclable materials are placed for collection or the curbside recyclable materials contained therein. (Ord. 22-1 § 2 (Exh. A))

This article does not apply to the services provided pursuant to the Upper Valley Waste Management Agency formation agreement to the extent such agreement conflicts with the provisions hereof, as long as that agreement is effective. (Ord. 22-1 § 2 (Exh. A))