For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Where no definition is specified, the normal dictionary usage of the word shall apply.

Garbage. Rejected food wastes, including waste accumulation of animal, fruit or vegetable matter used or intended for food or that attend the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit or vegetable.

Hazardous Waste. Any waste designated or defined as a hazardous waste by N.A.C. Title 128 - Rules and Regulations Governing Hazardous Waste Management in Nebraska, which for purposes or general definition is a solid waste which, because of quantity, concentration, or physical, chemical or infectious characteristics may cause, or significantly contribute to, an increase in mortality or an increase in serious, irreversible, or incapacitating reversible, illness; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

Refuse. Putrescible and non-putrescible solid wastes, except body wastes, and include garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, industrial wastes and other such wastes.

Rubbish. Non-putrescible solid wastes, excluding ashes, consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, wood, glass, bedding, crockery or litter of any kind that will be a detriment to the public health and safety.

Solid Waste. Any garbage, refuse or sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial , commercial, and mining operations, and from community activities.

Yard Waste.  Grass and leaves.

(1999 Code, § 4-201)

(A)  The city shall operate a municipal solid waste disposal system and shall contract with all garbage collectors possessing a valid permit issued by the city, for the day to day operation of the same and the collection and disposal of solid waste.

(B)  The governing body, for the purpose of defraying the cost of operation of the municipal solid waste disposal system, may each year, levy a tax not exceeding the maximum limit allowed by state law on the actual value of all real estate and personal property within the city limits that is subject to taxation.

(C)  The revenue from such tax shall be known as the “Solid Waste System Fund”.

(D)  The governing body shall have the direct management and control of the Solid Waste Disposal Department and shall have authority to adopt rules and regulations for the sanitary and efficient management thereof.

(Ord. 819)

(A)  The governing body, through the Municipal Solid Waste Disposal Department, shall provide solid waste pickup and disposal services to all persons within its corporate limits who are customers of the municipal electrical distribution system, including both residential customers and commercial customers.

(B)  The governing body may also provide solid waste pickup and disposal service to persons whose premises are located outside the corporate limits of the municipality, as and when, according to law, the governing body may see fit to do so.

(Ord. 819)

(A)  All consumers of municipal utility services, both residential and commercial, shall become customers of the Municipal Solid Waste Disposal Department and shall be assessed a monthly fee for municipal services provided in this regard, as established and charged by the private garbage collector of their choice.

(B)  To enable the governing body to monitor the mandatory garbage pickup of all residential and commercial establishments in the city, it shall be the duty of each resident to select a private garbage collector holding a permit issued by the City of Hebron for the weekly (or more frequent) pickup of garbage and to establish the garbage service through the office of the Hebron City Clerk, who will notify the company selected to provide the proper totes. Each garbage collector, holding such permit shall, on a monthly basis, on or before the 15th of each month, submit to the City Clerk a list of any specific charges that are to be added to an individual customer's billing statement for additional services provided. The city will assess all charges for garbage collection services to all customers and will pay the license holders for the collection services provided. A customer may change its private collector, but only in January of each year.

(C)  The private garbage collector receiving payment as provided in subparagraph (B) above, shall be assessed an administrative fee by the City in the amount of fifty-cents ($0.50) for each customer being individually billed for services.

(D)  If any issues arise between a consumer/customer and a private garbage collector, the consumer/customer shall contact the private garbage collector directly and not submit complaints or reports of problems to the city.

(E)   The City Clerk shall determine, on a monthly basis, that all residences and commercial establishments using municipal utility services are being served by a private garbage collector. Any residence and commercial enterprise existing at the same physical location shall only considered as one customer/consumer for purposes of billing and compliance with this chapter.

(Ord. 819; Ord. 934; Ord. 952)

The governing body may, from time to time, adopt regulations regulating the day to day administration of this chapter and the responsibilities of private garbage collectors and municipal customers. All such garbage collectors and customers shall be bound by the provisions of such regulations duly adopted.

(Ord. 819)

(A)  From and after the effective date of this chapter, no private garbage collector may do business in the city, without obtaining a garbage collector’s permit authorizing the operation of such business within the corporate limits.

(B)  In order to receive such permit, a private garbage collector shall be required to do the following:

(1)   Complete an application for such permit, which application shall contain a certification and agreement, to be signed by the private garbage collector, specifying that garbage collection shall be accomplished within the city in accordance with this chapter, all other applicable city ordinances, and all applicable regulations of the city, the Nebraska Department of Environmental Quality and the United States Environmental Protection Agency. Such garbage collector shall also, in order to qualify for the issuance of a permit from the city, be required to certify that all solid waste picked up within the city shall be delivered to and deposited in a landfill approved by the United States Environmental Protection Agency and the appropriate regulatory agency of any state; and

(2)   Submit evidence of public liability insurance indicating minimum coverage of $1,000,000;

(3)   Payment of an annual fee of $250 shall accompany the application.

(Ord. 819)

It shall be unlawful for any private garbage collector licensed to do business in the city to park, for a length of time in excess of 15 minutes, any vehicle designed for or used in the hauling of solid waste, garbage, refuse, rubbish or yard waste, as those terms are defined by § 51.01, on any street, alley, driveway or other location within the city limits of the city.

(Ord. 840)

PURPOSE: These regulations are enacted to provide a space for residents of the City of Hebron, Nebraska to dump trees, limbs, garden and yard waste.

REGULATIONS:

(1)   A tree dump shall be provided for the use of residents of the City of Hebron, Nebraska pursuant to the following conditions:

(a)   The City of Hebron owns and operates the tree dump through the utilities superintendent, who shall have the direct management and control the facility.

(b)   The City shall apply to the Department of Environment and Energy for any permits required to operate the city tree dump.

(c)   The utilities superintendent shall have the authority to adopt rules and regulations, for the sanitary and efficient management of the tree dump, in compliance with all applicable state and federal regulations, subject to the supervision and review of the City Council.

(d)   The city tree dump shall be open solely for the dumping of tree limbs, grass clippings, leaves and branches by residents of the City of Hebron, Nebraska, individuals living within one mile of the Hebron City limits, or personnel approved by the Mayor and/or City Clerk.

(e)   Persons dumping any material other than that described in (d) above, including, but not limited to, trash, leaves in trash bags, treated/painted lumber, shingles, refuse, garbage, animal matter or putrescible waste, hazardous waste, appliances or construction debris, therein shall be prosecuted under the ordinances of the City of Hebron and the laws of the State of Nebraska for littering or similar offense.

Furthermore, any person who shall violate or refuse to comply with the provisions of this section, or the enforcement thereof, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $250.00 for every offense.

(Ord. 940)

(A)  Any person violating any provision of this chapter, for which no specific penalty is prescribed, shall be subject to the penalties identified in § 10.99 of the Hebron City Code.

(B)  Any person or firm who shall violate or refuse to comply with the enforcement of any provision of §§51.02 through 51.06 of this code shall be deemed guilty of an offense and, upon conviction thereof, shall be fined not more than $100.00.

(Ord. 819; Ord. 840; Ord. 935)