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Show I PUBLIC NOTICE UBLIEBZnE is hereby given that the following ordinance waspassed and adopted on November 21 , 1989, in the regularly scheduled Commission meeting and will take effect 15 daya from the date of passage: . DUCHESNE COUNTY SANITATION ORDINANCE (E) If a dwelling unit, other than a secondary residence or recreation home, or home intended for occupancy during only part of the year, remains vacant for more than six months, the owner or possessor of the site may by affidavit certify that fact to the Director and such residence shall be exempted from thb set fee during the continued vsesney of the premises. (F) Fees assessed pursuant to this section shall be entered by the County Treasurer and Assessor on the assessment roles of the county in a column prepared for that purpose, and shall be a lien upon the land containing the residence assosed for the said fees. Such fees shall be collected by the County Treasurer at the time of payment of general taxes, and in the event of delinquency shall be collectable in all respects as delinquent general county taxes, or otherwise as allowed by law. (G) Delinquent fees, together with applicable penalties and applicable Utah Code Annotated (1053), as interest established in Section a come the on lien shall be amended, delinquent premises on a parity with and collected at the same time and in the same manner as general county taxes that are a lien on the premises as provided in Part 13, Chapter 2, Title 59, Utah Code Management. (i) "Disposal Site" includes the place, location, tract area, or premises in use, intended to be used, or which has been used for the disposal of waste. (j) "Garbage includes all kitchen and table waste, and animal orvegetable waste that attends or results from the storage, preparation, cooking, or handling of food stuffs. (k) "Hazardous Waste" means solid waste which is excessively toxic or poisonous, corrosive, irritating or sensitizing, radioactive, biologically infectious, explosive or flammable, and all waste classified as hazardous or infectious by State and Federal law or regulation. (l) "Neighborhood Collection Station" means the nearest available sanitary dumpster, specifically placed for the collection of residential waste by local government or an approved contractor. shall mean a person who holds a valid unrevoked, and (m) "Permittee unexpired permit to collect or transport solid waste issued pursuant to this Ordinance. (n) "Person" means any individual, firm, association, political subdivision, government agency, municipality, public or private corporation, or any other entity whatsoever. (o) "Putrescible Wastes" includes wastes that are capable of being with sufficient rapidity as to cause nuisances decomposed by because of odors, gases or other offensive conditions, and include materials such as food wastes, offal and dead animals. includes garbage and rubbish. (p) "Refuse shall mean of, from or pertaining to any (q) "Residence or Residential property or premises containing a structure which is used for human habitation. It shall include, but shall not be limited to, single homes, mobile homes, town homes, condominiums and apartments not contained in or a part of an apartment complex of the more than eight units. It shall exclude hotels, motels, recreational vehicle developments and apartment complexes with nunc than eight dwelling units, which shall be considered commercial establishments. Each unit shall be considered a separate residence for billing and collection proposes. (r) "Residential Waste includes garbage, rubbish and all types of usual domestic wastes associated with or which originate in residential dwellings. solid waste such as ashes, paper, includes (s) "Rubbish cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, plastics, rubber smsll appliances or litter. means the controlled andor authorized storage and (t) "Salvaging removal of waste materials for reuse. means a disposal site employing an engineered (u) Sanitary Landfill method of disposing of solid wastes in a manner that minimizes environmental hazards by spreading, compacting to the smallest practical volume, and applying cover material over all exposed wastes as required by statutes and regulations. (v) Scavenging mean the uncontrolled andor unauthorized removal of solid waste materials. solid and (w) Solid Waste includes all putrescible and semi-soli- d wastes, such ss refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-soli- d wastes and shall include other discarded material classified as solid waste by Slate and Federal law or regulation. (x) Solid Waste Facility" includes a resource recovery facility, disposal site, a solid waste transfer or processing station, and a neighborhood collection station. ' AN ORDINANCE REGULATING THE MANAGEMENT OF Sflim WASTE WITHIN UNINCORPORATED AREAS OF DUCHESNE COUNTY, UTAH. WHEREAS the Duchesne County Coen mission recognizes the need to regulate the management erf solid waste within the unincorporated 'areas of Duchesne County: and WHEREAS the State and Federal governments are enacting rules and regulations concerning the environmental impact of solid waste management which Duchesne County must comply with; and WHEREAS Section Utah Code Annotated, 1953, as amended, aulhar-izdie Boyd of County Commissioners to make and enforce sanitary regulations within the limilsofthe County outside the limits of incorporated cities and towns. NOW THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Duchesne County, Utah, as follows: 17-5-- et ARTICLE UINTAH BASIN STANDARD. November 29. 1989 - Pagfi..I (g) "County Landfill" means the Duchesne County Landfill, located on Blue Bench, approximately eight miles north of Duchesne, Utah at Section 32, Township 2 South, Range 4 West, Uintah Special Base and Meridian. (h) "Director" means the Duchesne County Director of Solid Waste i GENERAL PROVISIONS AND DEFINITIONS 1, u amended. Annotated (1053), Sec. 8. PERMIT REQUIRED FOR COLLECTION OF SOLID WASTES. Any person providing solid waste collection services within the unincorporated arcss of Duchesne County will be required to have a collector permit, with the following exceptions: (A) Persons removing solid waste from their homes or sol id waste produced in the course of their own business. (B) Collectors licensed or operated by an agency of the United Stales Government, the Slate of Utah, the Ulc Indian Tribe, or an incorporated municipality within this county. (C) The Director is authorized to issue permits upon receipt of any applicable permit fee and pursuant to conditions, standards and submissions as established by the County Commission. All permits so issued shall be conditioned upon observance of all Federal and Stale laws and regulations, ordinances of the County Commission, and rules and regulations authorized herein. Violation of the same, after notice and hearing, shall constitute grounds for revocation or suspension of such permit. Sec. 9. ISSUANCE OF A PERMIT. Any person applying for a permit shall submit to the director the following: (A) Name and address of the applicant. (B) If the applicant is a firm, association, organization, partnership, joint venture, privately held corporation, business trust, or company, the names and address of owners and officers and their percentage of ownership. (C) A description of all trucks and equipment that the applicant owns or has under applicant's control for the collection or transportation of solid waste which will be used to provide service. (D) Facts demonstrating that the applicant owns or has access to suitable facilities for keeping equipment clean and in good repair, and that he owns or has access to reasonable office and billing facilities. (E) Evidence that applicant has a policy of liability insurance in the amount of not less than $1,000,000.00. (F) A description of the area to be served by the contractor and evidence of potential customers. (G) Evidence of appropriate permits and licenses required under State or Federal laws and regulations. (H) Evidence of familiarity with, and willingness and ability to comply with applicable Federal, Stale, and local laws and regulations dealing with the collection, transportation, and disposal of Solid Waste. Upon tiie submission of the complete application the director shall request of the Duchesne County Sheri ff' s Department a cheek of the crim inal records of those persons connected with the applicant. Said check shall be completed within Thirty (30) days of the request and the report shall be submitted along with the application for the permit to the Commission. The Commission shall, unless for good cause shown otherwise, issue the applicant a permit to collect solid wastes within Duchesne County, State of Utah. Said permit shall be for a certain time period as set forth in the regulations, but in no event for more than two (2) yean. Sec. 1 0. RENEWAL OF PERMIT. The permit required in this Ordinance shall be renewable by the Commission provided the applicant provides updated proof of Liability Insurance and evidence of current State and Federal permits and micro-organis- Sec 1. GENERAL. The purpose of this Ordinance is to provide for collection, transportation, and disposal of solid waste, and the management of Solid Waste Facilities in Duchesne County. A. DECLA RATION OF POLICY . Solid waste must be regulated to the extent necessary to protect the health, safety, and welfare of the public. To this end, the County Commission establishes a system whereby the residents of unincorporated areas of Duchesne County will be able to deposit residential waste at neighborhood collection stations throughout the County for disposal at the Duchesne County landfill, and to provide a source of funding therefore. This system is intended to encourage the providing and use of private garbage collection services within the unincorporated areas of this county, and to encourage compliance with all Federal" and State laws and regulations governing the collection, transportation, and disposal of solid and hazardous wastes, and otherwise to protect the environment of Duchesne County, Utah. B. CLOSURE OF LANDFILLS. Effective December 15, 1989, all landfills situated within unincorporated areas of Duchesne County, Utah, shall be except the Duchesne County Landfill located on Blue Bench, eight miles north of Duchesne, Utah. No other landfill or solid waste disposal site shall be mnitructfri, operated, or used within the unincorporated areas of the County without the approval of the Utah State Department of Health, the United Stales government, or the County Commiuion. C. SOLID WASTE DECLARED PUBLIC NUISANCE. (1) It shall be unlawful for any person todump, deposit or allow to beplaced any solid waste, in any place within the unincorporated areas of Duchesne County, Utah, except the Duchesne County Landfill or a neighborhood collection station, unless specifically authorized totio so by the United States government, the Utah Slate Department of Health, or flic County Commission. (2) It is unlawful for any person to allow garbage, trash, dead animal, refuse, animal or vegetable matter, or other putrescible wastes to accumulate upon premises under his control, or to fail to remove the same within 24 hours, or such greater time as may be allowed, after notification from the Uintah Buin District Health Department, the Duchesne County Director of Planning and Zoning, the Duchesne County Director ofSolid Waste Management or the County Sheriffs Department. (3) It is unlawful for any person to cause or permit junk, scrap metal, construction wastes, waste paper products, discarded building materials, or any abandoned vehicles or vehicle parts, machinery, or machinery parts, appliances or appliance parts, or other similar waste to be in or upon premises under his control, or to fail to remove the same within ten (10) days, or such greater period as may be allowed, after notification from the Uintah Basin District Health Department, the Duchesne County Director of Planning and Zoning, the Duchesne County Director of Solid Waste Management or die County Sheriffs Department, unless connected with a business enterprise lawfully situated and licensed or authorized for the same. (4) It is unlawful for any person, except the duly authorized agents of Duchesne County or its contractor authorized to do so, to start or cause any fire at the Duchesne County Landfill or at any neighborhood collection station, or therein to dump, deposit, or allow to be placed any hot ashes or coals, or any fire residue not completely cool, or any other material creating a dear fire hazard. (5) It is unlawful for any person to deposit any solid waste, other than garbage, rubbish or residential waste, at a neighborhood collection station. D. SCAVENGING. Scavenging is ilfcgpl at ajo.hd Waste Facilities. E. SALVAGING. Salvaging may be allowed, provided those engaged in the business of salvaging have complied with the regulations concerning the operation erf business within Duchesne County, and rules concerning the same promulgated by the Director. F. HAZARDOUS WASTES. (1) No person shall transport or collect hazardous wastes without compliance with all applicable Federal and State laws and regulations. (2) No person shall deposit, dump, spill or otherwise allow to be placed at the County Landfill, or at any neighborhood collection station, any hazardous waste (except usual residential waste and other watte exempted from federal and state regulations). (3) Nothing in this ordinance is intended, or shall be construed, to exempt any person from complying with all applicable State and Federal laws and regulations regarding generation, storage, collection, transportation, processing, or disposing of solid and hazardous wastes. Sec. 2. DEFINITIONS. For the purpose of this Ordinance die following words and phrases shall have the meaning given herein unless their use in the text of the Ordinance clearly demons tratea a different meaning; (a) "Abandoned" means discarded, inoperable or no longer usable in its original or a similar capacity, and is unsightly or contributes to a risk to the health or safety of any person. (b) "Bulky Waste includes large items of solid waste such as appliances, furniture, large auto parts, trees, branches, stumps, and other oversize waste whose large size precludes or complicates their handling by normal collection, processing, or disposal methods. (c) "Collection means the act of collecting solid waste at the place of generation by an approved collection agent (public or private). (d) "Collector shall mean any person who operates service routes or provides service and is directly or indirectly reimbursed for the collection and disposal of solid waste from residential, commercial, or industrial premises in the unincorporated area of Duchesne County. (e) Commission means the Board of County Commissioners of Duchesne County, Utah. ' (f) "County" means the County of Duchesne, State of Utah. . rlnj . ARTICLE H ESTABLISHMENT OF COUNTY SOLID WASTE MANAGEMENT SYSTEM AND FACILITIES - Sec. 3. COUNTY COMMISSION MAY ESTABLISH SOLID WASTE FACILITIES. For the propose of safeguarding the health, safety, and welfare of the comm unity, the County Commission may establish or designate sites under the control of the County to be used as public disposal facilities. These sites shall be known as County Solid Waste Facilities and are to be operated in accordance with State and Federal standards and County rules and regulations. The County Commission hereby designstes the Duchesne County Landfill, and the neighborhood collection stations (sanitary dumpster service) as the only solid waste facilities in the unincorporated areas of Duchesne County, until further order of the Commission. Sec. 4. SUPERVISION OF COUNTY SOLID WASTE FACILITIES. All County Solid Waste Facilities shall be under the supervision of the Director, who shall have the authority and duty to promulgate rules and regulations regarding the use Slid operation of such facilities. Nothing herein shall prohibit the Commission from entering into a contract with any person for die management of such facilities. Sec. 5. COMMERCJALINDUSTRIAL WASTE COLLECTION AND DISPOSAL Commercial establishments and industrial enterprises shall be responsible to collect, remove and dispose of all such wastes ihcmsclvea, on a weekly or more frequent basis, or to contract with an authorized collector to do so. It shall be unlawful to dump or deposit any such waste at a neighborhood collection station. Sec. 6. RESIDENTIAL WASTE COLLECTION AND DISPOSAL Residential waste must be disposed of in one of the following ways: (A) By contracting with an authorized collector for weekly or more frequent pickup; or (B) By depositing the same in a neighborhood collection station (sanitary dumpster), or by depositing the same directly in the County Landfill, the same to be done on a weekly or more frequent basis. (C) Residential waste disposed of in a sanitary dumpster should be placed in plastic garbage bags and tied. Cardboard boxes and other bulky items should be flattened before disposal. (D) Bulky Waste shall not be placed at the neighborhood collection stations but shall be delivered directly to the Duchesne County LandfilL Sec. 7. ASSESSMENT AND PAYMENT OF FEES. (A) The County Commission shall establish by aresohition a minimum fee for the neighborhood collection stations sanitary dumpster service) in the unincorall porated areas of Duchesne County. Such fee shall be assessed against residences within the unincorporated areas of the county, and shall accumulate on and amonlhly basis and shall be billed at the time of property tax notification, due payable with taxes. (B) Exemption from this fee shall be given to all residences which employ the services of an authorized collector for weekly home garbage pickup. (C) It shall be the duty of authorized collectors to notify the Director of all persons receiving such home garbage pickup. (D) Secondary residences, and home or dwellings occupied on weekends or period with the property during only part of the year will be billed for a tax notification. Century 21. 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