Town of Elkton
Town Code
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CHAPTER 139
SOLID WASTE
ARTICLE I
Garbage Collection and Disposal
ﾧ 139-1. Definitions.
ﾧ 139-2. Authority of Town Superintendent
ﾧ 139-3. Garbage collection rules and regulations.
ﾧ 139-4. Purpose and prohibited use of public trash containers.
ﾧ 139-5. Throwing rubbish and trash into street
ﾧ 139-6. Authority of Town Manager.
ﾧ 139-7. Storage of trash in street; removal upon notice.
ﾧ 139-8. Containers for refuse set out for collection.
ﾧ 139-9. Brush grinding services.
ﾧ 139-10. Items prohibited from town collection.
ﾧ 139-11. Setting out garbage containers for collection.
ﾧ 139-12. Keeping containers covered; return of containers.
ﾧ 139-13. Schedule and charges for the collection of garbage and refuse.
ﾧ 139-14. Discontinuance of service for nonpayment
ﾧ 139-15. Entrance upon private property.
ﾧ 139-16. Commercial collection.
ﾧ 139-17. Refuse collection from elderly or disabled persons.
ﾧ 139-18. Violations and penalties.
ARTICLE II
Accumulation of Weeds, Junk and Trash
ﾧ 139-19. Inspection of vacant property.
ﾧ 139-20. Accumulation prohibited; exception.
ﾧ 139-21. Notice to cut or remove.
ﾧ 139-22. Appeals to Town Council.
ﾧ 139-23. Cutting or removal by town.
ﾧ 139-24. Mowing required.
ﾧ 139-25. Violations and penalties.
ARTICLE III
Recycling
ﾧ 139-26. Purpose.
ﾧ 139-27. Definitions.
ﾧ 139-28. Annual report
ﾧ 139-29. Proprietary information.
ﾧ 139-30. Violations and penalties.
ARTICLE I
Garbage Collection and Disposal
[Adopted 6-19-1980 as Secs. 4-2-1 through 4-2-6
of the 1980 Code; amended 8-20-1990; 12-18-1995]
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- COMBUSTIBLE REFUSE — Refuse accumulations of paper, excelsior, rags or wooden or paper boxes or containers, sweepings and all other accumulations of a nature other than garbage, which are usual to housekeeping and to the operation of stores, offices and other business places.
- GARBAGE — Every refuse accumulation of animal, fruit or vegetable matter that attends the preparation, use, cooking and dealing in, or storage of meats, fruit or vegetables, and any other matter, of any nature whatsoever, which is subject to decay, putrefaction and the generation of noxious or offensive gases or odors, as breeding or feeding material for flies or other germ-carrying insects. The term "garbage" also includes any containers which due to their ability to retain water contents may serve as breeding places for flies and mosquitoes or other water-breeding insects.
- GARDEN TRASH — Tree limbs that cannot be placed in containers and accumulations of grass or shrubbery, cuttings and other refuse attending the care of lawns, shrubbery, vines and trees.
- NONCOMBUSTIBLE REFUSE — Refuse materials that are unburnable at ordinary flame temperatures, such as metals, mineral matter, large quantities of glass or crockery, metal furniture and auto bodies or parts.
The Town Superintendent shall have full authority over, and supervision of the collection and disposal of all garbage, trash and refuse in the town.
§ 139-3. Garbage collection rules and regulations.
The Town Superintendent shall have authority to make rules and regulations relative to the collection, removal and disposition of garbage, combustible refuse, noncombustible refuse, rubbish and trash not in conflict with the provisions of this article. It shall be unlawful for any person to fail, neglect or refuse to comply with such rules and regulations.
§ 139-4. Purpose and prohibited use of public trash containers.
Trash containers placed upon the streets or sidewalks of the town by the town or by any organization, under the direction and approval of the Town Council, shall be for the use of the general public and shall not be loaded by householders or places of business.
§ 139-5. Throwing rubbish and trash into street.
It shall be unlawful for any person to throw into the streets or alleys or upon the sidewalks or other public places or private premises, any rubbish, trash, paper, dirt, filth, vegetables, metals, fruit, broken glass or glass of any nature or any matter, solid or substance or thing calculated to render the streets, sidewalks, alleys or private premises unclean or unsightly or unsafe to any person, animal or vehicle using such streets, sidewalks, alleys or other public places or private premises. It shall be unlawful for any person to place in the streets or alleys or upon the sidewalks or other public places or private premises anything of a nature that could injuriously affect the health or welfare of the general community.
§ 139-6. Authority of Town Manager.
The Town Manager may make rules and regulations for the collection, removal and disposition of garbage, trash, refuse and other similar matter. It shall be a violation for any person to fail to comply with such rules and regulations.
§ 139-7. Storage of trash in street; removal upon notice.
Except as otherwise provided, no alley or street is to be used to store any kind of trash, refuse or other material which causes any unsightly appearance in the town. Anyone violating this provision shall have the trash, refuse or material in question removed within 72 hours after a notice is received from the Town Superintendent to the effect that the same must be removed therefrom.
§ 139-8. Containers for refuse set out for collection.
All refuse set out for collection in the town shall be placed in closed and secure standard, thirty-five-gallon (maximum) trash containers, rollout carts approved by the town or its designee, or heavyweight plastic bags tied securely. All such containers shall be supplied by the resident or occupant. Containers shall not be filled so that the lids will not securely cover them.
§ 139-9. Brush grinding services.
Upon request, the town will provide brush grinding services to residents in accordance with written rules and regulations established by the Town Superintendent. A special charge for these services shall be made in accordance with rates set and established by the Council. A copy of such schedule of rates and a copy of such rules and regulations shall be maintained in the office of the Town Superintendent and the Treasurer's office and shall be available for public inspection during regular working hours.
§ 139-10. Items prohibited from town collection.
- A. Items not allowed by the Rockingham County landfill will not be collected by the Town or its collection contractor.3
- B. Items of excessive weight (40 or more pounds) will not be picked up. Containers of excessive weight (40 or more pounds) will not be emptied.
All containers for garbage, trash, refuse, and other similar matter and all material to be collected shall be set out next to the street or at such other locations previously permitted where it can be easily and conveniently reached for collection and shall be so set out for collection by 7:30 a.m. on the day of collection.
§ 139-12. Keeping containers covered; return of containers.
All reusable containers for garbage, trash, refuse and other similar matter shall be kept covered at all times. After emptying such containers, covers or tops shall be replaced and the containers returned to the location where they were placed.
§ 139-13. Schedule and charges for the collection of garbage and refuse.
- A. The schedule for collection of garbage, trash, refuse, and other similar matter shall be established by the Town Council and maintained in the office of the Town Manager.
- B. Monthly charges for the collection and hauling of garbage, trash, etc., shall be as set forth in a schedule of rates and charges promulgated and fixed by the Town Council, and subject to rules and regulations adopted therewith. A copy of the schedule of rates and charges and a copy of such rules and regulations shall be maintained in the office of the Town Treasurer.
- C. Any house or apartment may be exempt from the refuse collection fee if the owners of such property notify the Town Treasurer in writing that it is unoccupied. It shall then become their responsibility to notify the Town Treasurer again in writing that it is reoccupied. Failure to do so will result in a retroactive application of the refuse collection fee to the date of application as determined by the Town Treasurer.
Billing for the service of refuse removal is consolidated in billing for other municipal services provided by the town; and, discontinuance of refuse removal by the town for failure to pay for those services has the potential to result in the endangerment of the public health, safety, and general welfare. It is the policy of the Town of Elkton not to discontinue refuse removal service for nonpayment and to apply payment for those consolidated services to refuse removal first.
§ 139-15. Entrance upon private property.
No one while engaged in the collection of garbage, trash, or refuse on behalf of the Town of Elkton shall enter upon any private property unless in accord with the provisions of § 139-17.
§ 139-16. Commercial collection.
Each commercial and institutional enterprise shall provide for its own refuse removal.
§ 139-17. Refuse collection from elderly or disabled persons.
The town may from time to time provide back door collection service to elderly or disabled persons who are unable to place then- refuse at the curb. Such persons desiring this service shall notify the office of the Town Manger.
§ 139-18. Violations and penalties.
It shall be an offense for any person to fail to abide by this article, and any person found guilty thereof shall be subject to a fine not to exceed $500. Each day any violation of this article shall continue shall constitute a separate offense.
ARTICLE II
Accumulation of Weeds, Junk and Trash [Adopted 1-10-1983]
§ 139-19. Inspection of vacant property.
The Town Superintendent shall periodically inspect the vacant property in the town to determine if grass, weeds, other foreign growth, trash, garbage, refuse, litter and any other like items on such vacant property are detrimental to the health, safety or welfare of the inhabitants of the town.
§ 139-20. Accumulation prohibited; exception.
No person shall allow any junk or rubbish to be, remain or accumulate on premises owned, used or controlled by such person, or on any street, highway, right-of-way, or on any other lands within this town, except when such junk or rubbish is in a building or enclosure which hides such junk or rubbish from view.
§ 139-21. Notice to cut or remove.
When he or she deems it necessary, the Town Superintendent may cause a notice to be mailed to the owner of a vacant property in the town specifying the detrimental items described in §§ 139-19 and 139-20 which have been found on the property and directing the owner to cut and/or remove the items from the property or cause junk or rubbish to be placed in a building or enclosure which hides such junk or rubbish from view within 15 days after the notice is mailed.
If the owner is not a resident of the town, the notice shall be mailed to the owner's agent in town, or if there is not agent, to the owner's last known address.
§ 139-22. Appeals to Town Council.
Any property owner to whom a notice is sent may appeal in writing to the Town Council within 15 days after the notice is sent and protest the decision of the Town Superintendent. The Council shall thereupon affirm, modify or overrule the decision which was appealed. Pending the Council decision on an appeal, the owner shall not be required to cut or remove the items on the property.
§ 139-23. Cutting or removal by town.
- A. If the detrimental items shall remain on the property and/or not placed within a building or enclosure which hides junk or rubbish from view, after the notice period established through § 139-21, and after any extension of that grace period through § 139-22, the Town Superintendent may cause items to be cut and/or removed from the property at the owner's expense.
- B. All expenses incurred in the cutting of grass, weeds or other foreign growth and the removal of junk or rubbish shall be chargeable to and paid by the owners of the property and shall be collected by the town in the same manner and by the same process as is prescribed for the collection of town taxes. In the event that the costs of removal are not collected by November 1 of the year in which the same accrue, the amount of costs against owners of the property from which grass, weeds, other foreign growth, junk or rubbish are removed shall be placed on the tax bill and shall be collected with the taxes. If such costs are not paid by the time that a penalty would be added to the bill for real estate taxes, such costs shall be collected in the manner and to the extent as exists for enforcement of demands between individuals. There shall be a lien in favor of the town against the property in question for the amount of any unpaid costs for the removal of such grass, weeds, or other foreign growth, junk or rubbish in accordance with the provisions of state law as to liens for unpaid taxes.
Every owner of real estate within the Town of Elkton shall mow or cut any grass, weeds and vegetative matter, not including ornamental flowers and shrubs and garden plants, located on such property, at least once during the period covered by the months of May, June, July and August each year.
§ 139-25. Violations and penalties.
The failure by the owner of property to cut, remove or hide items described in §§ 139-19 and 139-20, after being directed to do so pursuant to § 139-21 or, on appeal, pursuant to § 139-22, shall, after the expiration of the period of notice, constitute an offense punishable, upon conviction, by a fine of not to exceed $1,000, imprisonment for a period not to exceed six
months, or both. Every seven-day period thereafter in which there is a continuing failure to cut or remove shall constitute a separate offense. The failure by the owner of property to comply with the requirement of § 139-24 shall constitute an offense punishable, upon conviction, by a fine of not to exceed $1,000, imprisonment for a period not to exceed six months, or both.
ARTICLE III
Recycling
[Adopted 1-20-1992]
The purpose of this article is the furtherance of solid waste management and the recycling of solid waste.
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them:
- GENERATOR — Any commercial or industrial enterprise whose act or process produces solid waste as defined herein.
- MANAGE— To collect, store, treat, transport and dispose of solid waste as defined herein.
- REUSED — Once having been a waste and being:
- A. Employed as an ingredient (including use as an intermediate) in a process to make a product, excepting those materials possessing distinct components that are recovered as separate end products; or
- B. Employed in a particular function or application as an effective substitute for a commercial product or natural resources.
- RECYCLING — The process of separating a given waste material from the waste stream and processing it so that it is used again as a raw material for a product, which may or may not be similar to the original product.
- SOLID WASTE — Any garbage, refuse, sludge and other discarded material, including solid, semi-solid or contained gaseous material, resulting from industrial, commercial, residential, mining and agricultural operations, or community activities but does not include:
- A. Solid or dissolved material in domestic sewage;
- B. Solid or dissolved material in irrigation return flows or in industrial discharges which are sources subject to a permit from the State Water Control Board; or
- C. Source, special nuclear, or by-product material as defined by the Federal Atomic Energy Act of 1954, as amended.
- SOURCE REDUCTION — Any action that reduces or eliminates the generation of waste at the source, usually within a process. Source reduction measures include, among others, process modifications, feedstock substitutions, improvements in feedstock purity, improvements in housekeeping and management practices, increases in the efficiency of machinery, and recycling within a process.
- A. All solid waste generators, all companies that handle solid waste, and all companies recycling materials generated within the incorporated area of the Town of Elkton, Virginia, shall furnish to the Town of Elkton annual reports filed within 30 days after the end of each calendar year containing the following:
- (1) The name and address of the reporting party.
- (2) The total quantity, or volume, and type of solid waste recycled by the generator during the reporting period and the name and location of the receiving party.
- (3) The total quantity or volume of solid waste that has been the subject of source reduction or reuse as defined herein.
- B. Any report required under this section shall be based on actual volume or weight of all substances. Where actual volume or weight cannot be accurately determined, the volume or weight may be reported using carefully estimated data. Any such report shall include a description of the basis for the reported data.
- C. Recycled solid waste included in the report shall include only those solid wastes generated within the incorporated area of the Town of Elkton, Virginia.
Nothing hereunder shall be construed to require any generator to report information of a proprietary nature. Where any generator fails to report any information otherwise required hereunder based upon a determination that such information is of the proprietary nature, the generator shall specify in its report the nature of the information withheld and the basis for its determination that such information is of a proprietary nature.
§ 139-30. Violations and penalties.
It shall be an offense for any person to fail to abide by this article, and any person found guilty thereof shall be subject to a fine not to exceed $500. Each day any violation of this article shall continue shall constitute a separate offense.
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