Section 85-11 SEPARATION; VIOLATIONS AND PENALTIES.

Chapter 85 GARBAGE, RUBBISH, REFUSE AND SOLID WASTE MANAGEMENT.

A. Purpose. The purpose of this Article is to provide the Town of Front Royal with a basis for the effective recycling of solid waste and the development and implementation of the Solid Waste Management Plan.

B. Definitions. As used in this Article, the following terms shall have the meanings indicated:

RECYCLING - The process of separating a given waste material from the waste stream and processing it so that it is used again as 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, liquid, semisolid or contained gaseous material, resulting from industrial, commercial, residential, mining and agricultural operations or community activities, but does not include solid or dissolved material in domestic sewage; 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 source, special nuclear or by-product material as defined by the Federal Atomic Energy Act of 1954, as amended.

C. Collection and recycling. All occupants of residences and all businesses which are operated for a profit shall separate and make available for collection and recycling such categories of solid waste as are designated by and in such manner as is required by the Town of Front Royal Solid Waste Management Plan promulgated in accordance with the regulations of the Commonwealth of Virginia Department of Waste Management. The provisions of the Town of Front Royal Solid Waste Management Plan shall supersede and take precedence over conflicting provisions, if any, contained in Chapter 85, Article 1, to include but not be limited to any conflicting provisions pertaining to garbage and refuse containers.

D. Nothing in this Article shall affect the right of any person to sell or otherwise dispose of solid waste material as provided in Virginia Code Section 15.2-933 or which may be permitted under any law of the Commonwealth of Virginia.

(Ord. No. 16-02 Amended (D) 8-26-02-Effective Upon Passage)

E. Nothing in this Article shall impose any liability upon an apartment or commercial office building owner or manager for failure of the tenants to comply with any provisions of the Article, nor shall this Article impose any liability upon any solid waste hauler for the failure of its customers to comply with the provisions of this Article.

F. A civil fine of not more than one thousand dollars ($1,000.) may be imposed for violations of the provisions of this Article and the requirements of the Town of Front Royal Solid Waste Management Plan.

G. Penalties for misdemeanor violation of this Chapter shall be as follows:

1. Failure to remove solid waste containers from Town right-of-way: $10.00 per day of non-compliance after third violation notice.

2. Failure to separate recyclable materials: $10.00 per occurrence after third violation notice.

3. Failure to maintain containers in a clean and sanitary condition, free from odor, flies or vermin: $25.00 per occurrence after third violation notice

4. Failure to bag solid waste placed in containers: $25.00 per occurrence after third violation notice.

5. Late placement of solid waste materials at curbside: $25.00 per occurrence after third violation notice.

6. Inclusion of hazardous, infectious or medical wastes in household solid waste containers: $500.00 per occurrence.

7. Other violations of this Chapter: $25.00 per occurrence after third violation notice.

(Ord. No. 9-91 Added Entire Article/Section 3-25-91-Effective Upon Passage)
(Ord. No. 14-06 Added (G)/Changed Title/Removed Article Name 11-27-06-Effective Upon Passage)