(a) Solid Waste (includes residential solid waste, garbage or food waste, rubbish, trash, and industrial waste)
(1) Residential Solid Waste includes garbage, refuse, rubbish, trash, etc., resulting from the normal household activities.
(2) Industrial Solid Waste includes any waste resulting from commercial or industrial operations.
(3) Garbage or Food Waste includes animal, vegetable, or mineral matter derived from the preparation or packaging of foodstuffs.
(4) Rubbish and Trash includes combustibles such as paper, wood, yard trimmings, leaves, etc., and noncombustible such as metal, glass, stone, and dirt. Also tree stumps, tree trunks, or tree trimmings, lumber, bricks and other residue from demolition of buildings, and automobile or machinery parts from wrecked vehicles.
(b) Residence means a swelling unit such as a home, mobile homes, and multi- family dwellings containing one or two dwelling units and not including hotels or motels or multi-family dwellings with 3 or more dwelling units. Each unit of a multi-family dwelling should be considered a separate dwelling unit for the purpose of billing
(c) Commercial Establishment included mercantile, industrial, business assembly, public institutional, and all other establishments commonly designed as such or commonly considered non-residential.
(1) Small Commercial Establishment is one which accumulates not more than 30-gallon containers of solid waste weekly.
(2) Large Commercial Establishment is one that accumulates more than three 30 gallon containers of solid waste weekly.
(d) City includes all that area within the corporate limits of Bennington, Kansas.
(e) County includes all that area within the political boundaries of Ottawa County.
(f) Contract Hauler is any individual or business which contracts for the collection and disposal of solid wastes for hire, and who is licensed by the county for this purpose.
(Ord. 188; Ord. 196; Code 1996)
There shall be absolutely no outside open burning of any refuse, including garbage and trash as herein defined, and also including waste products resulting from building operations or solid waste resulting from industrial operations or any tree stumps, tree trunks or tree trimmings, without first obtaining a special permit from the city clerk. The Mayor of the City of Bennington may proclaim certain times and days for the burning of leaves.
(Code 1996)
(a) Every owner or occupant of a dwelling or commercial establishment shall keep his/her premises in a clean and sanitary condition and free from any accumulations of any type of solid waste as defined herein, and each owner or occupant of any such premises shall dispose of all garbage and trash or other refused in a clean and sanitary manner by placing such refuse in an approved storage container as hereinafter described.
(b) Solid waste shall be collected not less than once weekly.
(c) It shall be the duty of every person in possession or control of any residence or commercial establishment, ring rubbish, trash, residential or solid wastes or food wastes. Such containers or enclosures shall be wind proof, water tight, fire resistant and shall be provided with a tightly fitted cover or lid, shall be of sufficient size to hold accumulations of waste. Residential containers shall not exceed 32 gallons capacity. Commercial containers may be of such size as approved by contract haulers. All containers shall be kept closed at all times except when dumping garbage or trash therein or when taking garbage and trash there from.
(Ord. 196; Ord. 289; Code 2018)
(a) Collection of Solid Waste will be done at the alley or easement. Only under circumstances approved by the Bennington City Council shall the solid waste be removed at the street or highway.
(b) It shall be the duty of every person in possession or control of any residence or commercial establishment to collect each week, and transport or cause to be transported by a contract hauler to the county landfill, accumulations of solid wastes on his or her premises.
(c) Such oiled wastes may be transported to the county landfill by any individual, provided the vehicle used for transportation shall be constructed with water tight bodies, and shall be fully enclosed or capable of being securely covered.
(d) It shall be unlawful for any individual to transport solid waste for others for hire without first obtaining a license from the County.
(e) Trash receptacles must be removed from the alley or street easement within 24 hours of pickup.
(f) Any person, firm, or corporation violating any of the provisions of this article shall, upon conviction, be punished by a fine of not less than $25 nor more than $500, and each day of failure to comply with such provision of ordinance shall constitute a separate offense.
(Ord. 188; Ord.196; Ord. 256; Ord. 356; Code 2018)
The county commissioners in addition to the city will charge $0.50 for administration purposes.
(Ord. 196; Ord. 197; Ord. 201; Ord. 212; Ord. 258B; Code 2018)
Bills for fees for the use of the county landfill shall be rendered monthly and shall be added to the water service bill, and are hereby declared to be a part thereof, and that the refusal to pay any part of such bill, for any period of service, shall be sufficient cause for discontinuing water service. All bills shall be payable on or before the 15th day of the month rendered, and after this date they shall become delinquent. If unpaid, a penalty amount shall be added to all bills on the 1st day of the month after they become delinquent. This penalty shall be in the amount of 20% of the total monthly bill, but in no case shall it be less than $1, when considered with delinquent payments of water service charges and sewer service charges. A delinquency and termination notice shall be issued after a bill is delinquent, which shall provide the customer of record with the following information:
(a) the amount due on the unpaid balance
(b) The amount of the delinquency penalty
(c) The customers right to a hearing before the city council
(d) Notice that service will be terminated in 15 days if the bill remains unpaid
(e) The request for a hearing must be no later than 3 working days before the date of discontinuance
(f) Such hearings will be conducted at the next regular meeting of the city council unless the customer is notified of a special hearing date
(g) A fee of $5 will be charged to reinstate such service.
(Ord. 196; Code 1996)
It shall be unlawful for a person, firm or corporation to:
(a) Dispose of solid wastes in any container other than that owned or leased by him or under his control without written consent of such owner and with the intent of avoiding payment of the county landfill charge.
(b) Deposit solid wastes at any place or in any manner other than described herein.
(c) Bury any garbage or solid wastes on any private or public premises.
(Code 1996)
Any person, firm, or corporation violating any of the provisions of this article shall, upon conviction, by punished by a fine of not less than $10 nor more than $100, and each day of failure to comply with such provision of this article shall constitute a separate offense.
(Code 1996)
(a) That the monthly refuse rates for all City of Bennington residential water customers shall be as follows, and can be changed from this date forth by affirmative action of the Bennington City Council, for Utility billings issued after March 1, 2016:
(1) Residential
(A) One (1) Poly Cart $12.00
(B) Additional Cart $6.00
(2) Commercial
(A) Exempt From Trash Service
(b) That the monthly alley maintenance rates for all City of Bennington residential water meter customers shall be as follows:
(1) Residential
(A) Alley Maintenance Fee $7.00
(2) Commercial
(A) Alley Maintenance Fee $7.00
A duplex shall not be deemed to be a commercial establishment for the purposes of this section and a separate charge shall be imposed for each dwelling unit contained therein.
Service shall be provided to each residential dwelling unit within the city, there will be no waivers allowed for opting out of the trash service. Each 3 plex shall be considered 1 unit for the purpose of this article.
(Ord. 398; Code 2018)