CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\ARTICLE 5. SOLID WASTE

In accordance with K.S.A. 12-3301 et seq., the Solid Waste Code for Municipalities of Sedgwick County, Kansas, hereinafter referred to as the “code”, as prepared and published by the Environmental Health Division, Wichita-Sedgwick County Department of Community Health is hereby adopted by reference in its entirety to be applicable to the city.  However, and notwithstanding any other provisions herein to the contrary, in the event any provisions contained within this article are in conflict with the solid waste code, then, and in that event, this article and the provisions hereof shall control.

(Ord. 76-9-21-A, Sec. 1)

No person shall, within the city limits, collect or dispose of solid waste unless licensed by the appropriate Sedgwick County agency or department, and the city, and in addition, the collector shall at all times remain in compliance with the solid waste code for municipalities for Sedgwick County, Kansas, and with the terms of this article.  In addition, the collector shall at all times comply with all other federal, state and local rules, regulations and have established by governmental entities or agencies having jurisdiction on the premises.

(Ord. 76-9-21-A, Sec. 2)

The solid waste disposal rates charged by the city for all customers shall be as follows:

(a)   Individual Residential Service per month (one trash cart supplied by Waste Connections)- $19.15;

(b)   Senior Citizen Residential Service per month (age 55 and older; one trash cart supplied by Waste Connections) - $18.15;

(c)   Monthly Rental of Trash Cart (cart furnished by Waste Connections) – $3.90.

(Ord. 80-2001; Ord. 118-2004; Ord. 165-2009; Ord. 203-2013)

Open burning is prohibited in the city limits unless a permit is obtained from the health officer and approval is obtained from the city fire department and the city council.

(Ord. 76-9-21-A, Sec. 4; Code 1994)

Section VII of the code, covering the time period upon which residential bulky waste, paragraph 1 of Section VII of the code; bulky waste (non-residential), paragraph 2 of Section VII of the code; and tree waste, paragraph 3 of Section VII of the code, and the time period upon which such items of waste may be stored upon premises within the city limits are hereby amended to permit the storage of such waste upon the premises outside of an enclosed building to no longer than 30 days.  In addition, residential bulky waste and bulky waste (non-residential) may be removed to a collection station as designated by the city council and there stored for ultimate disposal in the city-county sanitary landfills.  A storage fee may be charged for the items of residential and non-residential bulky waste delivered to the collection station, not to exceed $5 for each item of bulky waste.  The city shall, without further cost, transfer such items of bulky waste to the city-county sanitary landfill at such times as are convenient for such transfer.  The cost of the transfer of such bulky waste shall be paid from the fees charged for depositing such bulky waste in the collection station.  The city shall maintain an appropriate storage facility designated as the collection station for the collection of such bulky waste until transfer to the city-county landfill is feasible.  In addition, Section VII of the code is further amended to allow tree waste, paragraph 3 of Section VII, to be deposited in the city sanitary landfill and there collected until the same can be disposed of by the city by transmittal to the city-county landfill or by supervised burning upon approval by the city council and fire department.  The city sanitary landfill shall be opened by special request upon approval of the city, and upon other designated dates determined by the city council as the need therefor shall be required.

(Ord. 76-9-21-A, Sec. 5)

The occupant of all nonresidential premises and the owner of all single family dwellings and apartments, and mobile home parks, shall arrange, contract and pay for the collection of, and have collected solid waste, at least weekly, by a solid waste collector licensed by the Sedgwick County, Kansas, Department of Community Health, and to whom has been granted a permit from the city with such service being at all times in accordance with the terms of this article, the solid waste code of Sedgwick County adopted herein, and the solid waste system of Sedgwick County.  If the city and the Wichita-Sedgwick County Department of Community Health determines that, in the interest of health or safety, there shall be more frequent collections, then the occupant or owner shall, within 14 days after receipt of such determination, commence the collection as recommended.

(Ord. 76-9-21-A, Sec. 6)

The city may contract with licensed solid waste collectors for the collection of solid waste within the city limits.  Prior to any such contract being let or executed and prior to the issuance of any permit hereunder the solid waste collector shall execute such contracts and applications as may be required by the governing body, and in addition, shall deliver to the city clerk the contracts of insurance herein provided for.

(Ord. 76-9-21-A, Sec. 7)

The collector shall secure and maintain throughout the duration of any contract with the city, and, in addition, prior to the issuance of any permit and during the permit period and at all other times when using the streets of the city, such insurance as is hereinafter required.  The collection shall submit written evidence of insurance with any permit application prior to obtaining a permit.  Insurance shall be considered acceptable when provided in one of the following methods:

(a)   By issuance of the original policy designating the collector and the city, by name, as the insured parties under the provisions of the policy.

(b)   By endorsement to an original policy when endorsement shall extend to the city the same coverage and protection stipulated in the paragraph above.

(c)   By separate contingent policy providing the required insurance coverage for the protection of the city.

A duplicate of the original of each policy shall be furnished showing specifically the coverage and limits, together with the underwriter thereof, for approval by the city.  Regardless of such approval by the city, it shall be the responsibility of the collector to maintain adequate insurance coverage at all times, and the failure to do so shall not relieve him or her of any obligation or responsibility.  Failure on the part of the collector to maintain these insurances in full force and effect will, if applicable, be considered as a failure in contract performance, and, in addition, a violation of this section and will be treated as such by the city.  Satisfactory certificates of insurance filed with the city shall note that 15 calendar days written notice will be given to the city before any policy covered thereby is changed or canceled.

(Ord. 76-9-21-A, Sec. 8)

The collector shall provide the following insurance, and shall list the city as a beneficiary thereon “as its interest may appear”, and as herein required:

(a)   Workmen’s Compensation and Employer’s Liability.

(1)   The collector shall be liable to carry this insurance if required by the appropriate federal and State of Kansas statutes or regulations appertaining thereto.

(2)   This insurance shall protect the collector against all claims under the workmen’s compensation law.  The collector shall also be protected against claims for injury, disease or death of employees which, for any reason, may not fall within the provisions of a workmen’s compensation law.

The liability limits shall not be less than the following:

Workmen’s Compensation - Statutory maximum amount.

Employee’s Liability - $100,000 each person.

(b)   Automobile Liability.  This insurance shall be written in comprehensive form and shall protect the collector against all claims for the operations of all motor vehicles, whether they are owned or non-owned.

The liability limits shall not be less than the following:

Bodily Injury - $100,000 each person.

Bodily Injury - $300,000 each occurrence.

Property Damage - $50,00 each occurrence.

Such policy may be written to allow the first $500 of liability for damage to property to be deductible.

(c)   General Liability.  This insurance shall be written in comprehensive form and shall protect the collector against all claims arising from injuries to any person or damage to property of others arising out of any act or omission of the collector, and in addition, this policy shall specifically provide collector protective liability insurance and contractual liability insurance covering the obligations stipulated herein.  The collector shall provide and maintain insurance to protect the city against any and all claims for damages for personal injury, including accidental death, as well as from claims under such contract, whether such operations be by the collector, any of his or her subcontractors.

The liability limits shall not be less than the following:

Personal Injury - $100,000 each occurrence; $300,000 aggregate or single limit of $300,000.

Property Damage - $50,000 each occurrence; $100,000 aggregate.

Such policy may be written to allow the first $500 or liability for damage to property to be deductible.

(Ord. 76-9-21-A, Sec. 9)

The collector shall, by virtue of his or her utilizing the city street, or his or her contractor or agreement with the city, or by his or her acting on behalf of the city, bind himself or herself to indemnify, defend, punctually pay and save harmless the city and all of its agents, representatives and employees from all suits, claims, demands or actions of every kind or description arising from or relating to, any acts, omissions or negligence of the collector, his or her servants, employees, agents or subcontractors.  The collector shall likewise bind himself or herself to punctually pay, defend, indemnify and save harmless the city and all their agents, representative and employees for and on account of any injury or damages received or sustained by the collector, his or her servants or his or her agents or subcontractors on account of any claim or amount recovered by royalty or infringement of patent, trademark, copyright or on account of any claim or amount recovered under the workmen’s compensation law.

(Ord. 76-9-21-A, Sec. 11)

The collector shall not obstruct streets and shall keep passageways open.  The collector is granted the privilege of using the streets for the work specified, but he or she is not granted exclusive use of such streets.  The collector shall handle the work in a manner which shall cause the least inconvenience to the public or property owners and shall perform his or her labors in a courteous, prompt manner.

(Ord. 76-9-21-A, Sec. 11)

No person shall, within the city limits collect or dispose of solid waste unless a permit is first obtained from the city clerk of the city prior to the issuance of the license.  The collector shall deliver to the city clerk copies of Certificates of Insurance reflecting his or her compliance with the safety responsibility laws of the State of Kansas, and, in addition, such insurance as may be required by this section prior to the operation of a motor vehicle upon the streets and highways of the city and state.  The insurance shall be kept in full force and effect at all times.  In addition, the collector shall deliver to the city clerk written evidence that the collector has complied with the Solid Waste Code for Municipalities, and this section, and that his or her vehicle and/or vehicles in all respects comply with the provisions of the “code”.  In addition, the collector shall deliver to the city clerk the insurance certificates required under the provisions of this article and the make, model and identification or registration number of each vehicle which may be operated on the city streets, and such other information as may be reasonably required to assure the governing body that the terms of this article are and will be complied with.  The collector and all employees shall at all times remain licensed to operate a motor vehicle under the laws of the State of Kansas.

(Ord. 76-9-21-A, Sec. 12)

Any collector collecting solid waste in the city shall deliver to the city clerk a detailed, itemized written list setting forth the name and addresses of any parties with whom he or she has contracted for the collection of solid waste, and the addresses from which the solid waste is being collected. The list shall be modified and brought current in writing on the first day of each and every month thereafter.  After the original list has been submitted to the city clerk the collector shall be responsible for delivering to the city clerk any deletions or additions to the list.  Any collector contracting with the city shall execute such contract documents as may be consistent with the terms of this article.

(Ord. 76-9-21-A, Sec. 13)

Any and all contracts and permits hereunder are subject to revocation for any violation of this article or upon the failure of collector to comply with any of the terms of the contract with the city or for any work stoppage which interrupts the normal and regular collection of solid waste.  In the event any collector shall fail to comply with any of the provisions of this article, the city clerk may, with the consent of the governing body, upon 14 days’ notice to such collector, revoke and cancel any contract which the collector may have with the city.  Any collector may appeal such revocation order within 10 days to the governing body of the city.

(Ord. 76-9-21-A, Sec. 14)

Any owner, or if applicable, occupant, required by this article to arrange any pay for the collection of solid waste collection services and disposal fee, may, when the owner, or if applicable, occupant, is not in fact producing solid waste requiring the collection and disposal of solid waste as herein required, petition the city council, in writing, to provide relief from such fees and/or services.  The owner or occupant shall supply the city with such information and complete such forms as they may require.  The city council, after hearing such grievance, shall make the final determination.  If the city determines that the collection of solid waste from the subject premises is not necessary, or not required as frequently as provided for herein, it may direct the collector to cease collection, or it may recommend such partial relief as may be determined from the circumstance involved; no collection services may be ceased or limited until 30 days after the city council makes its determination as hereinabove provided.

(Ord. 76-9-21-A, Sec. 15)