Chapter 70
SOLID WASTE*

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Cross references: Buildings and building regulations, ch. 22; environment, ch. 42; utilities, ch. 86.

State law references: Georgia Comprehensive Solid Waste Management Act, O.C.G.A. § 12-8-20 et seq.; local, multijurisdictional and regional solid waste plans, O.C.G.A. § 12-8-31.1; scrap tire disposal restrictions, O.C.G.A. § 12-8-40.1; yard trimmings disposal restrictions, O.C.G.A. § 12-8-40.2; Georgia Hazardous Waste Management Act, O.C.G.A. § 12-8-60 et seq.; Litter Control Law, O.C.G.A. § 16-7-40 et seq.; transporting garbage or waste across state or county boundaries without permission, O.C.G.A. § 36-1-16; littering highways, O.C.G.A. § 40-6-249; transportation of biomedical waste, O.C.G.A. § 40-6-253.1; solid waste management education program, establishment of Georgia Clean and Beautiful Advisory Committee and Interagency Council on Solid Waste Management, O.C.G.A. § 50-8-7.3; authorization to provide garbage and solid waste collection and disposal, Ga. Const. art. IX, § II, ¶ III(a)(2).

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Article I. In General

Sec. 70-1. Solid waste management plan.

Sec. 70-2. Depositing trash on streets and sidewalks.

Sec. 70-3. Unauthorized waste matter.

Sec. 70-4. Unauthorized use of commercial type bulk containers.

Sec. 70-5. Discarding vessels, containers, etc.

Sec. 70-6. Maintenance of proper sanitary conditions on premises by owners, etc.

Sec. 70-7. Violation; penalty.

Secs. 70-8? 70-40. Reserved.

Article II. Collection and Disposal

Sec. 70-41. Right to collection.

Sec. 70-42. Definitions.

Sec. 70-43. Wheeled containers.

Sec. 70-44. Rules and regulations; compliance.

Sec. 70-45. Authorized garbage haulers.

Sec. 70-46. Multifamily dwellings.

Sec. 70-47. Serial number and wheeled container receipt.

Sec. 70-48. Notification of moving.

Sec. 70-49. Health and sanitation.

Sec. 70-50. Collection frequency.

Sec. 70-51. Service charges? Persons liable.

Sec. 70-52. Same? Amounts as set.

Sec. 70-53. Same? Billing.

Sec. 70-54. Commercial sanitation receptacles.

Sec. 70-55. Violation; penalty.

ARTICLE I.
IN GENERAL

Sec. 70-1. Solid waste management plan.

The Chatham County Comprehensive Solid Waste Management Plan and the shortterm work update program are adopted as the comprehensive solid waste management plan of the city.

(Res. of 12-6-1993; Res. of 12-21-1998)

State law references: Georgia Comprehensive Solid Waste Management Act, O.C.G.A. § 12-8-20 et seq.; local, multijurisdictional and regional solid waste plans, O.C.G.A. § 12-8-31.1.

Sec. 70-2. Depositing trash on streets and sidewalks.

(a) It shall be unlawful and disorderly conduct for any person to sweep, throw, place, scatter or cause to be swept, thrown, placed or scattered, any paper, paper wrappings, cardboard boxes, sweepings, rubbish or debris, such as is commonly and generally collected and hauled away by the city disposal service to the dump grounds, into, in, on or upon the streets, sidewalks, public alleys or public parks of the city, unless such matter and things are placed in adequate containers, conveniently located, for the city personnel to reach and collect for the purpose of disposal in regular routine operations of the city disposal service.

(b) It shall be unlawful and disorderly conduct for any person to sweep, throw, place or cause to be placed, located or put in a position or place any of such matters or things which will normally and naturally be blown, scattered or carried by ordinary and usual winds and rains into, in or upon any of the streets, sidewalks, parks, public alleys or upon the private property of others as scattered, untidy, unsightly or insanitary litter, rubbish or debris.

(Code 1976, § 10-4)

Cross references: Streets, sidewalks and other public places, ch. 74.

State law references: Yard trimmings disposal restrictions, O.C.G.A. § 12-8-40.2; Litter Control Law, O.C.G.A. § 16-7-40 et seq.; littering highways, O.C.G.A. § 40-6-249.

Sec. 70-3. Unauthorized waste matter.

Unless authorized, no person shall dispose of waste matter in a private or commercial container except in emergency situations declared by the mayor, or deposit in the streets any rotten fruit, vegetables, dead carcasses, leaves, trash, grass or other like substances, nor shall such materials be thrown into any stream or sewer in the city.

(Code 1976, § 10-5)

Sec. 70-4. Unauthorized use of commercial type bulk containers.

It shall be unlawful for any person to deposit any refuse or otherwise interfere with the use of any commercial type bulk refuse container which has not been rented by such person. The person paying for container refuse collection service is the only authorized user of such container. Unauthorized use of such a container is prohibited.

(Code 1976, § 10-5.1(a))

Sec. 70-5. Discarding vessels, containers, etc.

It shall be unlawful for any person to throw, place or discard any can, cup, box, bottle or other vessel onto any lot, yard, alley, ditch or other place in the city.

(Code 1976, § 10-6)

State law references: Litter Control Law, O.C.G.A. § 16-7-40 et seq.

Sec. 70-6. Maintenance of proper sanitary conditions on premises by owners, etc.

Every person, whether owner, tenant, agent, or employee owning, holding, or occupying property in the town shall at all times maintain such property, whether a vacant lot or otherwise, in a clean and sanitary condition, keeping all weeds cut, waste paper, trash, and other rubbish of every sort cleaned off of such property.

(Code 1976, § 10-7)

Sec. 70-7. Violation; penalty.

Any person violating any provision of this article may be deemed guilty of an offense, and upon conviction shall be punished as provided in section 1-12.

(Code 1976, § 10-5.1(b))

Secs. 70-8? 70-40. Reserved.

ARTICLE II.
COLLECTION AND DISPOSAL*

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State law references: Authorization to provide garbage and solid waste collection and disposal, Ga. Const. art. IX, § II, ¶ III(a)(2).

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Sec. 70-41. Right to collection.

The city shall have the exclusive right to the collection, removal and disposal of garbage, trash, rubbish and other debris, and no person shall be permitted to haul or remove such garbage, trash, rubbish or other debris, which is produced by owners, occupants, tenants and lessees of residential buildings, offices or businesses and commercial buildings and premises. It shall be mandatory that all owners, occupants, tenants and lessees of residential buildings, offices or businesses and commercial buildings and premises, accept such collection and removal service as it relates to the disposal of garbage, trash, rubbish and other debris within the municipal jurisdiction of the city.

(Code 1976, § 19-100)

Sec. 70-42. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Ashes means the residue from the burning of wood, coal, coke and other combustible material in homes, stores, institutions and small commercial establishments and industrial plants, which are produced as the result of heating, cooking and disposing of waste combustible material.

Building rubbish means waste material resulting from construction, remodeling, repairs and demolition operations on houses, commercial buildings and other structures, including driveways and walks, and it comprises waste and rejected matter such as excavated earth, stones, bricks, plaster, wallpaper, sheetrock and laths, lumber, shingles, tile, concrete and waste parts occasioned by the installation or replacement of plumbing, heating systems, electrical works and roofing.

Cinders and clinkers mean and include large residue from the burning of coal and coke as produced from larger furnaces such as steam-generator plants or large heating furnaces.

Combustible rubbish means any burnable materials such as paper, rags, cartons, cardboard and wooden boxes, wood, excelsior, furniture, bedding, leather, rubber, tree branches, yard trimmings, sawdust, leaves, linoleum, plastics, etc.

Dead animal means the carcass of any small animal such as a dog, cat, squirrel, opossum, rabbit, rat, reptile, fowl, bird or any other such animal of similar size.

Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking and serving of food, and garbage being composed largely of putrescible organic matter and its natural moisture content, originating primarily in home kitchens, stores, markets, restaurants, hotels, hospitals or other places where food is stored, prepared or served.

Industrial refuse means solid waste material from factories, processing plants, wholesale establishments, assembling plants or shops and garages, such as paper, cardboard, cartons, food processing wastes, cinders and ashes, lumber scraps, sawdust, excelsior, shavings, floor sweepings, metal scraps and shavings, glass and other waste products.

Noncombustible rubbish means materials such as metals, tin cans, metal furniture, dirt, glass, crockery, ashes and cinders, and mineral matter that will not burn at 2,000 degrees Fahrenheit.

Recyclable material means all glass, tin, aluminum, cardboard, paper and other materials that can be processed for reuse.

Refuse means all classifications of solid waste.

Rubbish means combustible and noncombustible rubbish.

(Code 1976, § 19-101)

Cross references: Definitions generally, § 1-2.

Sec. 70-43. Wheeled containers.

(a) Use, generally. The city shall furnish every owner or occupant occupying any residential building, house or structure within the city limits, a wheeled container, which shall be delivered to such premises by the superintendent of sanitation. Nothing shall be deposited in such container except garbage and other household trash such as newspapers, wrappings, etc. The wheeled container shall be made available to all business establishments for commercial use, on such terms and conditions as provided in this article.

(b) Rates. Each property owner shall be charged the following rates for the use of wheeled containers and for a deposit on such wheeled containers:

(1) Deposit. The property owner shall pay to the city manager an amount as set forth in the schedule of fees and charges for each wheeled container, and such deposit shall be applied against the cost of furnishing such wheeled container. In no event will the deposit be returned and all monies collected for such purpose by the city manager will be deposited in the general fund of the city. Such deposits shall pass with the ownership of the property to which such wheeled container is assigned, and shall not be returned under any circumstances. The city shall retain ownership of wheeled containers which are provided to residences for garbage collection. Such wheeled containers shall not be removed from the premises. In the case of rental property, it shall be the responsibility of the owner of the property to pay the city for the wheeled containers for each of the owner's leased premises. Nothing in this subsection shall prohibit the owner from collecting from the tenants of the leased premises any monies paid to the city by such owner.

(2) Monthly rate. The monthly rate for refuse collection from wheeled containers shall be as set forth in the schedule of fees and charges.

(c) Filling; disposal of excess. It shall be the duty of each owner or occupant of a premises to place all garbage and trash needing removal from the premises in such wheeled container, and comply with the specifications of the superintendent of sanitation of the city. When the wheeled container is filled to capacity, such excess shall be placed in a plastic bag or container next to the location of the wheeled container for collection on designated pickup days.

(d) Placement; time. The owner or occupant of a premises shall, on pickup days which shall be designated by the superintendent of sanitation, place the wheeled container at the location established by the superintendent for pickup; however, in the event of commercial or business establishments, the pickup days shall be as provided in section 70-50(d). The wheeled container shall be placed at the location for pickup at or before 8:00 a.m. and removed from such pickup location for the premises or business establishment no later than 7:00 p.m., subject only to the following exceptions:

(1) Any person with documented disabilities because of age or physical condition, living on the premises, where there is no resident or occupant there physically capable of placing the wheeled container at the pickup location established by the superintendent of sanitation, shall notify such superintendent of sanitation, if he shall find that there is no one in or upon the premises on a regular basis physically capable of placing the wheeled container at the location designated for pickup. In such event, the wheeled container and other refuse shall be picked up at the place on the premises where the wheeled container is maintained by the occupant.

(2) The superintendent of sanitation may establish exceptions for designated premises which he finds to be unsuitable for curbside pickup, taking into consideration the terrain features or other physical impediments, and at such premises, pickup service shall continue to be provided to such dwelling unit at another location determined by the superintendent of sanitation.

(e) Notice of vacancy. The wheeled container furnished by the city shall not be removed from the premises to which delivered, and it shall be the duty of the occupant or owner of the premises, in the event the dwelling is vacated by the occupant, to notify the city at least three days prior to such vacancy.

(f) Duties of the city. It shall be the duty of the city superintendent of sanitation, in all areas designated for streetside or right-of-way pickup, to deliver a wheeled container furnished by the city as provided in this section, to each occupied residential premises, and to place a notice on a prominent place on the premises or to hand-deliver such notice to the occupant thereof. The notice shall designate the pickup location of each premises and the specific days of pickup. The superintendent of sanitation shall assist the city police in locating any stolen or missing wheeled container or investigating any damage to a wheeled container, and it shall be his responsibility to have the pickup performed on the days designated in the areas designated.

(g) Damage or destruction. If a wheeled container which has been furnished by the city to any premises is damaged, destroyed or stolen, it shall be the duty of the occupant of such premises to immediately notify the city superintendent of sanitation. The superintendent of sanitation shall notify the owner or occupant of each residential premises of such procedure. The owner or occupant of each residential premises furnished with a wheeled container shall cooperate with the superintendent of sanitation and the police department in investigating the cause of damage, destruction or theft of such wheeled container. The owner or occupant shall, if requested, appear in the city municipal court as witness in the event of prosecution as a result of such investigation. It is specifically provided that the owner or occupant furnished with the wheeled container shall be responsible should such wheeled container be lost, destroyed, stolen or damaged, and also shall be responsible for the cost of repair or replacement of such wheeled container. The city shall repair all damage or replace the wheeled container, and the charge and cost for such repair or replacement shall be charged against the owner or occupant of the premises furnished with such wheeled container.

(h) Exceptions. Any citizen who is of the opinion that compliance with this article would create a physical or financial hardship, may apply to the superintendent of sanitation for an exception; however, the superintendent of sanitation may or may not grant the exception, depending on the evidence and the circumstances involved in the particular case. Within five days after an adverse decision of the superintendent of sanitation regarding an exception desired by any citizen, such citizen may appeal the decision of the superintendent of sanitation to the aldermanic board, who may overrule, affirm or modify the decision of the superintendent of sanitation. The decision of the aldermanic board shall be final. Notwithstanding any other provision of this article to the contrary, the aldermanic board may waive, with or without the consent of the affected property owner, the requirements relative to the residential wheeled containers, where the property to be served by such wheeled container is more than 300 feet from the nearest public road.

(Code 1976, § 19-101.1; Ord. of 12-21-1998, § XII)

Sec. 70-44. Rules and regulations; compliance.

The superintendent of sanitation, subject to the approval of the mayor and the aldermanic board, and subject to the provisions of this article, shall have the authority to establish rules and regulations consistent with the provisions of this article, governing the keeping, collection, removal and disposal of garbage and refuse. It shall be unlawful for any person to fail, neglect or refuse to comply with such rules and regulations.

(Code 1976, § 19-101.2)

Sec. 70-45. Authorized garbage haulers.

No person other than a person under the direction of the superintendent of sanitation, or a person otherwise authorized by the city, shall haul away any garbage and refuse set out for collection by the sanitation department.

(Code 1976, § 19-101.3)

Sec. 70-46. Multifamily dwellings.

When more than one family occupies a dwelling or an apartment, the wheeled container shall be marked so as to indicate the family using the particular wheeled container. Such wheeled container may be identified by putting the apartment number thereon or the name of the person having control of the disposal of garbage in the household. When wheeled containers are so identified, such wheeled container may be used only by the person whose name or other identification is shown thereon.

(Code 1976, § 19-101.4)

Sec. 70-47. Serial number and wheeled container receipt.

The roll-out wheeled container furnished by the city shall be stamped with the name of the City of Pooler and a serial number, and shall be assigned to an address and to the owner or lessee of such address, subject to the provisions of section 70-46. Under no circumstances shall a roll-out wheeled container be removed from the premises. Such owner, lessee or occupant shall, for each roll-out wheeled container furnished by the city, agree to the following, in writing:

Roll-Out Garbage Container Serial Number________

The undersigned acknowledges the receipt of one roll-out garbage container supplied by the City of Pooler for the use of the resident at the below-stated address. Further the undersigned agrees to pay for the replacement of the roll-out garbage container should it be lost or stolen and to pay for the cost of any repairs to the roll-out garbage container made necessary because of the abuse or negligence of such roll-out garbage container. The city will pay for all repairs to such roll-out garbage container caused by the normal wear and tear. The undersigned acknowledges receipt of a copy of the City of Pooler regulations governing the collection and disposal of solid waste materials.

The undersigned is the (owner) (lessee) (occupant) (check one) of the below address. The undersigned must be one of the three. The undersigned further acknowledges his responsibility and liability should the roll-out garbage container be lost, stolen or damaged as stated in this agreement.

Date:____

Name:____

Address:____

(Code 1976, § 19-101.5)

Sec. 70-48. Notification of moving.

If an owner, occupant or lessee of a premises furnished with a roll-out garbage container shall move from the residence to which a roll-out garbage container has been assigned, such owner, occupant or lessee shall notify the superintendent of sanitation at least three days prior to moving, and the roll-out garbage container shall be reclaimed by the city.

(Code 1976, § 19-101.6)

Sec. 70-49. Health and sanitation.

All garbage shall be deposited daily in the roll-out garbage container provided by the city. The roll-out garbage container shall be kept closed to keep out water and animals, and to comply with state health and sanitation regulations.

(Code 1976, § 19-101.7)

Sec. 70-50. Collection frequency.

(a) The collection and removal of garbage and other debris from houses, buildings and premises used for residential purposes shall be made not less than once a week. The collection and removal of garbage and other debris from premises used for office purposes shall be made not less than once a week.

(b) The collection and removal of garbage and other debris from business and commercial buildings and premises shall be as often as equipment and facilities furnished for such purpose are available, commensurate with the need presented by the volume of garbage and debris produced by such business and commercial buildings.

(Code 1976, § 19-102)

Sec. 70-51. Service charges? Persons liable.

The charges to be made for service rendered under this article shall be made against owners, occupants, tenants or lessees of buildings or premises receiving the service by the sanitation department of the city in the collection, removal and disposal of garbage and other debris within the city limits.

(Code 1976, § 19-103)

Sec. 70-52. Same? Amounts as set.

The monthly rates and charges to be made and the amount to be collected for service received from the sanitation department of the city in the collection, removal and disposal of garbage and other debris within the city limits shall be as set forth in the schedule of fees and charges as set from time to time by resolution of the aldermanic board.

(Code 1976, § 19-104)

Sec. 70-53. Same? Billing.

The charges and fees for garbage service shall be included in the monthly bill for water and sewerage as made and presented by the city. All accounts shall be considered delinquent if not paid by the 15th day of the month following the month for which services are rendered. On all delinquent accounts not paid within 30 days, the city shall cease all refuse collection unless otherwise directed by the aldermanic board. The stoppage of service authorized in this section for nonpayment of charges shall be in addition to the right of the city to proceed for the collection of such unpaid charges in a manner provided by law for the collection of a municipal claim.

(Code 1976, § 19-105)

Sec. 70-54. Commercial sanitation receptacles.

(a) The city shall provide to commercial establishments commercial sanitation receptacles for the collection of garbage and other debris from such commercial establishments. The city shall collect and remove the garbage and other debris from such commercial sanitation receptacles on a regular and reasonable schedule.

(b) The city shall collect a fee as set forth in the schedule of fees and charges for the use of the commercial sanitation receptacles provided for in subsection (a) of this section.

(c) The charges and fees, and collection thereof, for the use of the commercial sanitation receptacles provided for in subsection (a) of this section shall be as set forth in the schedule of fees and charges.

(Code 1976, § 19-106; Ord. of 12-17-1990)

Sec. 70-55. Violation; penalty.

Any person convicted of a violation of any provision of this article shall be punished as provided in section 1-12.

(Code 1976, § 19-101.8)