Chapter 25
SOLID WASTE*
*Cross references - Trash disposal facilities on vehicles used for vending on streets, § 16-167; accumulations of unwholesome or offensive matter on private property, § 18-19; sewage disposal, Ch. 22; deposit of solid waste in sewers, § 22-4.
State law reference - Solid waste management, Code of Virginia, § 32.1-177 et seq. Art. I. In General, §§ 25-1--25-16 Art. II. Collection of Refuse by City, §§ 25-17--25-25 Art. III. Tire Storage Ordinance, §§ 25-26--25-31
ARTICLE I. IN GENERAL
Sec. 25-1. Definitions.
As used in this chapter, the term "refuse" shall mean garbage, rubbish and ashes. (Code 1964, § 13-19)
Sec. 25-2. Deposit in streets, parks, etc.
(a) No person shall place, deposit or cast, or cause to be placed, deposited or cast, upon or in any street, highway, alley, gutter, sidewalk, park, playground or other publicly-owned, rented or otherwise publicly-controlled land or building within the city, any refuse, timber, wood, lumber, litter, trash, leaves, earth, mud, glass or similar material, metal scraps, nails or similar material or any substance whatsoever, which may obstruct any such street, highway, alley, gutter, sidewalk, park, playground, school ground or other publicly-owned, rented or otherwise publicly-controlled land or building, or impede or hinder travel thereon, or which may injure or disfigure the same or tend to the injury or disfigurement thereof, or to render the same unsafe, unclean or a nuisance.
(b) A violation of any provision of this section shall constitute a Class 3 misdemeanor. (Code 1964, §§ 13-18, 25-6)
Cross reference - Penalty for Class 3 misdemeanor, § 1-10.
Sec. 25-3. Limitation on use of public-owned receptacles.
(a) No person shall transport or remove from private premises within the city any refuse for the purpose of depositing the same in any publicly-owned can or other receptacle within the city parks, at publicly-owned buildings or along publicly-owned rights-of-way, nor shall any person deposit in any such can or other receptacle any refuse which has been transported or removed from private premises.
(b) A violation of any provision of this section shall constitute a Class 4 misdemeanor. (Code 1964, § 13-26)
Cross reference - Penalty for Class 4 misdemeanor, § 1-10.
Sec. 25-4. Requirements for transportation on streets.
(a) No garbage or decayed or spoiled matter shall be hauled on any vehicle on the streets or alleys of the city, except in containers with tight-fitting covers and solid bottoms, and no refuse or other matter shall be hauled in or on any vehicle in such manner that the same may be strewn along the streets or alleys of the city.
(b) A violation of any provision of this section shall constitute a Class 4 misdemeanor. (Code 1964, § 13-27)
Cross reference - Penalty for Class 4 misdemeanor, § 1-10.
Sec. 25-5. Permit for, and methods used by, private refuse collectors.
(a) No person shall engage in the business of collecting refuse in the city, unless he has a permit to do so issued by the health officer. Every such person shall comply with the collection methods employed by the city.
(b) A violation of any provision of this section shall constitute a Class 4 misdemeanor. (Code 1964, § 13-27)
Cross reference - Penalty for Class 4 misdemeanor, § 1-10.
State law reference - Authority of city to regulate refuse collectors, Code of Virginia, § 15.1-28.1.
Sec. 25-6. Service charge for use of sanitary landfill.
Every person, firm or corporation, other than the city and county, shall pay a service charge for every ton or other specified quantity of garbage, trash, rubbish, refuse or other solid waste deposited or dumped at the joint city-county sanitary landfill based on the following schedule:
| Appliances | No Charge |
| Passenger tires | $1.50/piece |
| Passenger tires on rims | $3.00/piece |
| Truck tires / agricultural use tires | $8.00/piece |
| Heavy equipment tires | $110.00/piece or $168/ton (whichever is greater) |
| Wood waste | $15/ton |
| Industrial Waste | $40/ton |
| Commercial waste | $40/ton |
| Commercially hauled waste | $40/ton |
| Mulch and wood chips | $10/ton |
| Clean fill dirt | No charge |
Computation of the service charge shall be made at the end of each month. There shall be no charge for other refuse hauled to the public use site by city residents, provided the refuse does not come from a business or provided the city resident is not engaged in commercial refuse hauling. (Code 1964, § 13-27.1; Ord. of 9-28-89; Ord. of 2-28-91; Ord. of 3-12-92; Ord. of 5-13-93; Ord. of 5-12-94)
Ord. of 6/28/95; Ord. of 6/13/96)
Secs. 25.7-25-16. Reserved.
ARTICLE II. COLLECTION OF REFUSE BY CITY*
*State law reference - General authority of city relative to collection and disposal of refuse, Code of Virginia, §§ 15.1-857, 15.1-879.
Sec. 25-17. Violations of article.
A violation of any provisions of this article, or any rule or regulation prescribed and approved pursuant to this article may result in the city refusing to pick up refuse from the violating entity. Nothing herein, however, shall exempt the entity from paying the fees herein prescribed and otherwise due. (Ord. of 4-12-90)
Sec. 25-18. Provision of service generally.
The city will provide refuse collection service on the terms and conditions of this article to residents of the city and businesses located within the city. The city may, at the discretion of the city manager, provide refuse collection service to persons and businesses residing or located outside the city limits. Any patron or service extended outside the city limits shall be subject to rules and regulations established by the director of public works and approved by the city manager. (Code 1964, § 13-20)
Sec. 25-19. Rules and regulations of director of public works.
The director of public works may prescribe such rules and regulations relating to the collection, handling and disposal of refuse by the city as he deems necessary. Such rules and regulations shall be subject to approval by the city manager. (Code 1964, § 13-25)
Sec. 25-20. Schedule.
(a) The schedule for collection of refuse by the city in the various areas of the city shall be as established by the director of public works. The director may revise such schedule as occasion requires.
(b) When any regularly scheduled refuse collection day falls on a holiday, the collection will be cancelled and such refuse will be collected on Wednesday of the same week. (Code 1964, §§ 13-21, 13-25; Ord. of 1-26-84; Ord. of 10/24/91)
Sec. 25-21. Fee - Prescribed.
(a) For a mandatory fee of twelve dollars and seventy cents ($12.70) per month for each single-family unit (to include each unit in a multi-family dwelling), the city will provide one weekly pickup of refuse from each residential unit in the city, the basis of computation of the fee being a single-family unit. The fee for refuse collection service for all other than single-family units shall be in an amount adequate to cover all cost to the city for such service, such amount to be established by the director of public works, with the approval of the city manager, but such fee shall not be less than twelve dollars and seventy cents ($12.70) per month. The fee for refuse collection service for other than single-family units may be waived by the director of public works, if contractual agreements are made and maintained for adequate containerized service.
(b) The fee for refuse collection service to commercial customers outside the central business district shall be twenty-five dollars and forty cents ($25.40) per month for each unit. The city will provide one weekly pickup of refuse for this fee. Commercial customers requiring collection of less than five bags / containers shall be considered residential customers.
(c) The monthly fee for refuse collection service rendered within the central business district of the city shall be twenty-five dollars and forty cents ($25.40) per month for light commercial customers and fifty dollars and seventy-five cents ($50.75) for heavy commercial customers. Light commercial designation shall be those customers who place four or less bags / containers at the curb for collection. Heavy commercial designation shall be those customers who place more than four bags / containers (or the equivalent of) at the curb for collection. The city will provide four (4) weekly pickups of refuse for each commercial unit in the central business district of the city.
(d) The fee for refuse collection service rendered outside of the city limits shall be in an amount equal to one hundred fifty (150) percent of the fee charged for such service in the city limits. (Code 1964, §§ 13-20, 13-21; Ord. of 1-26-84; Ord. of 3-23-89; Ord. of 9-28-89; Ord. of 5/28/92; Ord. of 10-8-92; Ord. of 5/13/93)
Sec. 25-22. Same - Billing and collection.
(a) The fee for refuse collection service rendered by the city shall be billed in the most economical and practical method established by the city manager and approved by the council.
(b) Payment of the fee for refuse collection shall be made within thirty (30) days from the date the bill becomes due and payable. In the event that any person fails to pay such fee, the city shall use such legal means and procedures as are available to effect collection. (Code 1964, § 13-21; Ord. of 1-26-84)
Sec. 25-23. Same - Responsibility of apartment house owner for payment.
In the case of any apartment house, the owner thereof shall be responsible for the payment of all fees due the city for the collection of refuse. (Code 1964, § 13-22)
Sec. 25-24. Containers - required.
Except as otherwise provided, all persons availing themselves of the city's refuse collection service shall provide themselves with containers meeting the requirements of rules and regulations prescribed and approved pursuant to section 25-19. (Code 1964, § 13-23)
Sec. 25-24.1. Containers and recyclable material.
(a) Residents and businesses located in the City of Staunton are required to separate recyclable material for collection as follows:
(1) Metal. All metal containers are to be empty and, where possible, labels removed. Aluminum materials are to be separated from other metal containers by using a bin divider or by placing them in a separate bag. All metal scrap is to be placed in a separate container marked "Aluminum."
(2) Glass. Glass containers are to be empty of all contents and tops removed. Glass scrap is to be separated by color (brown, green, or clear) and placed in a separate container marked "Glass." Plate glass, light bulbs, pyrex, or ceramic material shall not be placed therein. These items are to be placed in the regular refuse.
(3) Newspapers. Newspapers are to be contained in a paper bag or bound with string and placed in a separate container marked "Newspapers." Magazines or glossy insert pages are not to be included in this category.
(4) Plastic material. Plastic bottles are to be empty with all caps removed. Plastic should be separately bagged and placed in the container marked "Newspapers."
(b) A set of three (3) recycling containers may be obtained from the city refuse division (332-3898). These containers, or any replacement containers, shall be provided by the City to each residence or business free of charge. In lieu of marked containers, residents and businesses may use plas-tic bags or other containers appropriately marked for each type of recyclable material. (Ord. of 11-11-99)
(c) Containers shall be placed at curbside, or for streets without curbs, no more than three (3) feet off the edge of the pavement. Containers shall be placed out on collection days no later than 7:00 a.m. in residential areas and no later than 9:00 a.m. in the Central Business District. No recycling containers are to be set out within the City on Saturday, Sunday, or holidays. Within the Central Business District containers shall be removed from the street by 11:00 a.m. Within all residential areas, containers shall be removed from the street by 7:00 p.m. (Ord. of 10/24/91, Ord. of 12/17/92))
(d) Contents of recycling containers which contain materials other than those specified for recycling will not be collected.
(e) The metal, glass, newspapers and plastic material as defined herein under subparagraph (a) when placed at the curbside for collection, shall become the property of the City of Staunton, Virginia. It shall be unlawful for any person, firm or corporation (except as specifically authorized by the City of Staunton) to pick up such materials or any one of them once said materials have been placed at curbside for collection. It shall also be unlawful for any person, firm or corporation (except as specifically authorized by the City of Staunton) to pick up such materials when the same have been placed in any other city container designated for deposit of such materials. A violation of this provision shall constitute a Class 4 misdemeanor. (Ord. of 12-17-92)
Sec. 25-24.2. Other refuse.
Refuse, other than the recyclable materials set forth herein, shall be placed in separate containers provided by each residence or business and shall not be commingled with the recyclable materials. If other refuse is commingled with recyclable materials, such refuse will not be collected. (Ord. of 4-12-90)
Sec. 25-25. Container placement for collection of contents and removal after such collection.
The containers referred to in section 25-24 shall be placed at the edge of the streets or alleys, for collection of refuse therefrom by the city, on the days and at the times designated in accordance with the then current schedule established by the director of public works. The permissible time prior to the designated time of collection when the containers may be put out and the time when the empty containers must be removed after the time established for collection shall be established by rules and regulations prescribed and approved pursuant to section 25-19. (Code 1964, § 13-24)
ARTICLE III. TIRE STORAGE ORDINANCE
Sec. 25-26. Purpose of article.
The purpose of this article is to regulate the stockpiling of tires in order to promote resource conservation and resource recovery, and to prevent any hazards, fire or otherwise, that might be created by such stockpiling of tires. (Ord. of 12-11-86)
Sec. 25-27. Definitions.
For the purpose of this article, the following words and phrases shall have the meanings ascribed to them in this section:
BUREAU means the Bureau of Solid Waste Management of the State Health Department.
CHIEF OF THE FIRE DEPARTMENT means the chief of the fire department of the City of Staunton, Virginia.
DISPOSAL means the deposit, dumping or placing of any solid waste into or on any land or water so that such solid waste or any constituent thereof may enter the environment or be emitted into the air.
FIRE CONTROL PLAN means a document addressing the requirements established in section 25-29 of this article. It may include appropriate maps as well as any other management information the submitting party deems relevant.
PERSON means an individual, corporation, partnership, association or any other legal entity.
TIRE means a solid or air filled covering for a wheel, typically rubber or a similarly elastic synthetic material, fitted around the wheel's rim to absorb shock and provide traction.
USED TIRE STORAGE means an accumulation of five thousand (5,000) or more used tires or any number of used tires covering more than ten thousand (10,000) square feet at a location, not under a roof or other similar structure, for some future useful purpose such as re-treading, fuel supplement, reef construction or some other innovative use. (Ord. of 12-11-86)
Sec. 25-28. Application of article.
(a) All persons operating a used tire storage facility on the effective date of this ordinance shall submit to the chief of the fire department a fire control plan. Such plan must be submitted within six (6) months of the effective date of this ordinance. If such plan is not approved by the chief of the fire department, or if such plan is not submitted for such approval, the persons operating a used tire storage facility shall cease such operation at once and dispose of said tires in a manner permitted under law within nine (9) months of the effective date of this ordinance.
(b) All persons proposing to operate a used tire storage facility that comes into existence after the effective date of this regulation shall submit to the chief of the fire department a fire control plan. Such plan must be submitted sixty (60) days prior to the date the facility is proposed to come into existence, and such persons shall not operate a used tire storage facility until such plan is approved. (Ord. of 12-11-86)
Sec. 25-29. Fire control plans.
(a) A fire control plan must adequately address compliance with the following requirements for used tire storage:
(1) All tires must be stockpiled neatly in cells of one thousand (1,000) tires or less per cell and be no higher than ten (10) feet:
(2) A berm of soil must be provided between all cells of tires in the storage area. The berm shall extend as high as the height of the tires in the cells;
(3) A passageway of twenty (20) feet in width must be maintained between the berms of all cells of tires except where cells consist of only one or two (2) lanes and the cells can be approached directly;
(4) For each cell of tires, a stockpile of twenty (20) cubic yards of soil must be maintained within two hundred (200) feet of the cell. This material shall be in addition to any berm material;
(5) In lieu of stockpiled soil for fire suppression as described in (4) above, foam with all the necessary equipment for its effective use may be available on the site;
(6) A fence of heavy gauge wire eight (8) feet in height with two (2) strands of barbed wire extending along the top must enclose the entire storage site;
(7) The access to the site must be controlled with a gate equipped with a lock or some other suitable method of preventing access to the site;
(8) The plan must specify how long the tires will be stored and the ultimate purpose for which they will be used;
(9) Appropriate and adequate equipment to place soil over the tires in case of fire must either be on the site at all times or be readily available.
(b) The chief of the fire department shall review all fire control plans and make a decision on approval or denial of such plans within a reasonable time. Approved plans must be fully implemented within sixty (60) days after the date of notification of approval. Rejected plans may be resubmitted within a reasonable time for further consideration, or may be submitted to the council for the City of Staunton, Virginia, for its consideration.
(c) No used tire storage facility shall be allowed to operate unless it has an approved fire control plan which is fully implemented and in force. (Ord. of 12-11-86)
Sec. 25-30. Disposal; permits required.
Disposal of used tires or storage of used tires prior to disposal shall not occur without a permit from the Bureau of Solid Waste Management of the State Department of Health. Nothing in this article shall be construed to affect, modify or change any requirement imposed by the State Department of Health or the Bureau, or any penalty imposed by said Bureau under the laws of the State of Virginia. (Ord. of 12-11-86)
Sec. 25-31. Penalty for violation of article.
Any person who violates any provision of this article, by doing a prohibited act, or failing to perform a required act, or failing to perform permitted acts in the prescribed manner, shall be subject to the general penalty for a Class 4 misdemeanor pursuant to the provisions of section 1-10 of the Code. (Ord. of 12-11-86)