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Ordinance 2011-01

ORDINANCE NO. 2011-01
AN ORDINANCE REGULATING COMMERCIAL SOLID
WASTE COLLECTION AND DISPOSAL WITHIN THE
CITY OF JOHNSON, ARKANSAS, REQUIRING
REGISTRATION OF HANDLERS OF COMMERCIAL
SOLID WASTE, ESTABLISHING A FEE FOR OVERSIGHT
AND FOR OTHER PURPOSES.
WHEREAS, most companies providing solid waste collection and disposal for
commercial endeavors in Johnson are operated in compliance with all local, state and federal
laws and regulations.
WHEREAS, the Northwest Arkansas area has seen an increase in illegal dumping and
illegal dump sites and complaints have been received about the condition of certain commercial
solid waste receptacles.
WHEREAS, the City should be able to provide a reasonable degree of assurance to City
residents and inhabitants that commercial solid waste receptacle areas meet minimal sanitation
standards and that the solid waste is collected, and transported in responsible ways and that
disposal occurs only at legitimate permitted locations.
WHEREAS, it is necessary to require solid waste haulers to meet certain standards to
protect citizens, residents and visitors to the City and to be environmentally responsible.
BE IT ORDAINED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS, that,
Section 1: Definitions: the following definitions shall apply to the indicated terms as
used herein:
BIOMEDICAL WASTE - this waste typically generated during the diagnosis,
treatment, or immunization of human beings or animals or in research activities in these
fields or in the testing or production of biologicals.
COMMERCIAL SOLID WASTE - this waste which usually originates in wholesale,
retail or service establishments, such as restaurants, stores, markets, theaters, hotels and
warehouses, and institutiona] waste material originated in schools, hospitals, research
institutions and public buildings BUT not biomedical waste or hazardous materials.
Commercial solid waste also consists of solid waste generated weekly in amounts greater
than .75 cubic yards (either from entities required to have a business license, residential
multi-units having a centralized container(s) or others) who generate such amounts of
solid waste.
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EXTRAORDINARY MATERIAL - hazardous wastes, body wastes, dead animals,
abandoned vehicles, vehicle parts, large equipment and parts thereto.
GARBAGE - shall mean the same as and be defined as solid waste.
HAZARDOUS MATERIALS - shall means wastes that are hazardous by reason of
their pathological, explosive, radiological or toxic characteristics, or by virtue of their
being defined as hazardous by any local, state or federal law or regulation.
MOTOR VEHICLE - shall mean any automobile, truck, trailer, motorcycle, camper,
recreational vehicle, parts and/or components of the foregoing, and the like.
RUBBISH or YARD TRASH - shall mean the same as and be defined as solid waste.
SOLID WASTE ~ shall mean all putrescible and nonputrescible waste in solid or semisolid
form, including, but not limited to, garbage, rubbish, ashes or incinerator residue, or
street refuse, but excluding "extraordinary materials" and "hazardous materials".
SPECIAL MATERIALS - shall mean those bulky materials or other special wastes that
are not stored in approved containers and cannot be picked up by hand.
Section 2: From and after the effective date hereof, all collectors, haulers, and
transporters of solid waste, and persons or entities disposing of commercial solid waste, or
biomedical waste, from within the City Limits of Johnson, Arkansas shall provide to the City
copies of the following:
a) current waste hauler license issued by the State of Arkansas;
b) automobile/motor vehicle liability insurance policy in amount not less
than $500,000/51,000,000;
c) workers compensation coverage for all employees/workers within
Johnson;
d) general liability insurance policy in amount not less than $1,000,000;
e) contract/agreement with permitted/licensed landfill/disposal site;
f) copy of contract, agreement with each commercial client in Johnson;
g) all licenses, permits or other authorizations required by governmental
unit/agency;
and shall provide such information prior to collecting , hauling transporting or disposing of such
commercial solid waste within Johnson.
Section 3: There is herby levied a fee to be paid by the person or entity collecting,
coj Regulating Commercial Solid Waste Ord 010611
hauling, transporting or disposing of commercial solid waste within Johnson, Arkansas. This fee
shall offset the administrative costs of collecting, safekeeping and managing the documents
provided and offset the costs of personnel, equipment and associated expenses in visiting such
commercial locations to insure compliance with laws and regulations. The fee shall apply to
each person or entity collecting, hauling, transporting or disposing of commercial solid waste
with regard to each commercial customer/location (with each dumpster/solid waste receptacle
being considered a separate location). The fee shall be due at the time the documents are
provided to the City and shall cover a period of 24 months or the length of the agreement
between the commercial endeavor and the collector, hauler, transporter or person/entity
disposing of commercial solid waste, whichever is shorter. The fee shall be determined by the
City Council from tune to time based upon information provided by city administrative and
inspection officials concerning the costs related to this program. When, and as determined by
the City Council, the fee shall be set by proper Resolution pending future review and adjustment.
Section 4: Beginning in the year 2011, information provided to
business/commercial endeavors within Johnson, in regard to business licenses and other
such information, shall include either a copy of this ordinance or a notice of same.
Additionally, copies of this ordinance shall be provided to all persons/entities known by
the City to collect, haul, transport or dispose of commercial solid waste within Johnson.
Section 5: Nothing herein shall relieve any person, entity, business or
commercial endeavor collecting, hauling, disposing of, or generating hazardous
materials, extraordinary materials or any substance regulated by State or Federal law with
strict compliance with all such laws and regulations.
Section 6: Prior to commencing the collecting, hauling, transportation or
disposal of commercial solid waste within Johnson, a person or entity engaging in such
shall provide the documentation called for in Section 2, pay the fee then in effect, and
complete an application as required by the City.
Section 7: This ordinance shall apply to all solid waste contractors, haulers and
collectors operating within the City after the 30th day of June, 2012.
PASSED AND APPROVED this 13th day of December, 2011.
ATTEST:
JENNIFER ALLEN, Recorder-Treasurer
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BUDDY CURRY, Mayor