As used in this chapter, the following terms shall have the meanings ascribed to them in this section unless otherwise indicated clearly by text.

Containerized collection means all mechanized collection of solid waste from dumpsters by front-loading, rear-loading and roll-off vehicles.

Division of construction and business services means the division of construction and business services of the department of business and neighborhood services.

Dumpster means a receptacle used to contain solid waste and designed for mechanical pickup and provided by a hauler for use by the customer.

Garbage means all putrescible animal solid, vegetable solid and semi-solid wastes resulting from the processing, handling, preparation, cooking, serving or consumption of food or food materials, excluding human excreta.

Incinerator means any apparatus to burn waste substances in which all the factors of combustion—temperature, retention time, turbulence and combustion air—can be controlled.

Landfill means a sanitary landfill.

Multifamily residence means a structure containing five (5) or more residential units, and does not include condominiums.

Noncommercial vehicle means a vehicle used for the purpose of transporting solid waste including, but not limited to, pickup trucks, cars, vans, dump trucks and U-hauls and shall not mean rear-loaders, front-loaders, roll-off trucks, roll-off containers or side-loaders.

Processing means the method, system or other treatment of solid wastes so as to change their chemical or physical form or affect it for disposal or recovery of material, but excluding vehicles for transportation or landfills.

Recycling station means a facility for the processing or storage of separated solid wastes prior to transportation to markets.

Refuse means all putrescible and nonputrescible solid and semi-solid wastes, except human excreta, but including ashes, street cleanings, offal and solid commercial, industrial and institutional wastes.

Residential solid waste means all refuse, garbage and rubbish generated by persons in noncommercial settings, and may include food wastes, paper, cardboard, bottles, metal cans, plastics, cloth, wood, tarp, Christmas trees, accumulations of leaves, grass or shrubbery cuttings and other refuse attending the care of lawns, shrubbery, vines, trees, and tree limbs. Residential solid waste shall not include discarded building materials, trees, brush and other vegetation resulting from the activities of building contractors, commercial tree trimmers or commercial lawn services, larger quantities of sod, dirt and trash from land clearing and other materials requiring special handling.

Resource Recovery means the buildings and equipment located at 2320 South Harding Street, Indianapolis, Indiana.

Rubbish means all nonputrescible solid wastes, such as cardboard, paper, plastic, metal or glass food containers, rags, waste metal, yard clippings, small pieces of wood, excelsior, rubbish, leather, crockery, and other waste materials that ordinarily accumulate around a home, business or industry.

Salvaging means the controlled removal of materials from solid wastes for utilization.

Sanitary landfill means an engineering method of disposing of refuse on land in a manner that protects the public health and environment by spreading the waste in thin layers, compacting it to the smallest practical volume, and covering it with compacted soil at the end of each working day.

Single-family residence means a condominium or a structure containing four (4) or less residential units, unless it is a component of multiple structures that together constitute an apartment complex.

Solid waste means all rubbish, garbage and refuse.

(Code 1975, § 13-1; G.O. 63, 2009, § 53; G.O. 41, 2016, § 2)

Cross reference— Definitions generally, ch. 102.

(a)

It shall be unlawful for any person to deposit or place upon real estate owned by another any solid waste without the approval of the owner or lessee of such real estate.

(b)

Whenever any person shall be charged with a violation of this section, it shall be a sufficient allegation of a prima facie offense to state that such person deposited the solid waste described in subsection (a) upon property of which he or she was not then the owner or lessee. It shall be a matter of affirmative defense for the person to show that he or she had permission of the owner or lessee to so deposit such solid waste, if such was the case.

(c)

It shall be unlawful for a generator of solid waste to transfer such solid waste to any other person who subsequently disposes of it in violation of subsection (a). This subsection shall not apply to a generator who either transfers solid waste to a person licensed by the city at the time of transfer to haul solid waste or who sets out residential solid waste on a regularly scheduled collection day according to the rules and regulations for the preparation, set-out and collection of solid waste promulgated by the department of public works.

(1)

A person licensed by the city to haul solid waste who collects solid waste in a noncommercial vehicle shall provide a receipt for a transaction wherein he or she agrees to haul the solid waste of another, except as provided in subsection (c)(3). The licensed hauler collecting solid waste in a noncommercial vehicle shall affix to such receipt a sticker bearing his or her license number.

(2)

Stickers bearing the license number of a licensed hauler collecting solid waste in a noncommercial vehicle shall be made available through the division of construction and business services.

(3)

A licensed hauler collecting solid waste in a noncommercial vehicle shall provide such a receipt for occasional or single transactions. A licensed hauler collecting solid waste in a noncommercial vehicle shall not be required to provide such receipts to customers receiving regularly scheduled services that are documented in the records of such hauler; provided, however, that a licensed hauler collecting solid waste in a noncommercial vehicle shall provide a receipt to a regular customer for a transaction outside the scope of regularly scheduled services.

(d)

Any person who violates this section shall be punishable by a fine of not less than five hundred dollars ($500.00) and an order for such persons to reimburse each appropriate city department for its reasonable costs incurred in correcting conditions caused by the violation. In addition, the court may order that the vehicle used in the unlawful dumping, owned by the person, be impounded for a period not to exceed ninety (90) days.

(e)

Any person who violates this section by unlawfully dumping a hazardous waste as defined by the Indiana Environmental Management Act, IC 13-7-1-1 et seq. and the regulations thereunder or the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. and the regulations thereunder, shall be punishable by a fine of not less than five hundred dollars ($500.00) and order for its reasonable costs incurred in correcting conditions caused by the violation, and the court shall order that the vehicle used in the unlawful dumping, owned by the person, be impounded for a period of not less than ten (10) days and not greater than ninety (90) days.

(f)

Enforcement of this chapter primarily shall be the responsibility of the division of property and land use services of the department of business and neighborhood services. All monies recovered by the city from enforcement actions brought under this section, exclusive of court costs, shall be allocated to the department of business and neighborhood services and shall be deemed a reimbursement to the department for its expenses in monitoring unlawful dumping and enforcing the provisions of this section.

(Code 1975, § 13-2; G.O. 63, 2009, § 53; G.O. 41, 2016, § 2)

Any person accumulating residential solid waste on any single-family residence owned or controlled by him, and desiring such solid waste to be collected and removed by the city or persons under contract with or licensed by the city, shall prepare and set out such solid waste according to the rules and regulations promulgated by the department of public works. Residential solid waste prepared and set out in this manner is presumed to be abandoned, and the owner's rights in such solid waste are relinquished upon collection and removal by the city, or persons under contract with or licensed by the city.

(Code 1975, § 13-3)

It shall be unlawful for any occupant of any dwelling, house, building or structure of any kind or description whatsoever to fail to use containers and/or dumpsters which meet the specifications set forth in the rules and regulations promulgated by the department of public works and to place them as prescribed in such rules and regulations so they are readily accessible to the city collectors or persons under contract with or licensed by the city to collect such solid wastes.

(Code 1975, § 13-4)

Owners and occupants of premises shall dispose of the leaves on their own premises each year, either by burning as provided by the air pollution control board or shall otherwise dispose of all leaves on such private premises by arranging for their removal, but in no event shall leaves be swept into any street, alley or gutter.

(Code 1975, § 13-5)

(a)

It shall be unlawful for any person not an employee of the city in pursuance of his or her duties as such, unless the person shall be so authorized by contract with or be licensed by the city, to take, collect or transport any solid wastes from any premises or upon the streets or alleys of this city for the purpose of selling or using such solid waste, or for anyone to deliver or deposit any of the materials generated within the city at any disposal site or location other than a disposal site provided or designated by the board of public works. Nothing in this subsection shall be construed as prohibiting the transportation or delivery of materials for salvaging, processing or recycling.

(b)

The administrator as assigned by the deputy director of the division of construction and business services may, using the procedures set forth in this Code, temporarily suspend or, upon repeated violations or a failure to correct a violation, revoke any license issued to collect, haul or transport, or dispose of solid wastes within the city for any violation of this chapter, Code, state law, or any rules or regulations promulgated pursuant to subsection (c) of this section. Failure to obey such suspension or revocation shall constitute a violation for which a fine up to two thousand five hundred dollars ($2,500.00) per violation may be levied.

(c)

The board of public works is authorized to promulgate such rules and regulations as may be required to carry out the intent of this section. Such rules and regulations shall be promulgated pursuant to the procedures set forth in Chapter 141 of this Code. A violation of such duly promulgated rules and regulations shall constitute a municipal violation, and any person so violating such rules and regulations shall be subject to the penalties provided in section 103-3 of this Code.

(Code 1975, § 13-6; G.O. 15, 2001, § 67; G.O. 63, 2009, § 54; G.O. 41, 2016, § 2)

(a)

Any person who shall dispose of solid wastes within this city shall hereafter use a processing or disposal facility therefor, as approved by the board of public works or other agency having jurisdiction thereof.

(b)

Solid wastes brought to a processing or disposal facility may be rejected as deemed appropriate by the owner/operator of the facility to protect the processing or disposal facility from harm to the facility or the environment. Solid wastes rejected by the facility for processing or disposal must be disposed of or stored in compliance with pertinent federal, state or local rules, regulations, laws or codes.

(Code 1975, § 13-7)

(a)

No open dumps shall be operated by any person or governmental agency inside the city, pursuant to IC 19-2-24-2, on or after January 1, 1968.

(b)

Any facility operated by any person or governmental agency for handling solid wastes shall, after January 1, 1968, compost, incinerate or bury by sanitary landfill method approved by the board of public works, or other governmental entity with authority thereof.

(c)

Anyone operating a facility for handling solid waste shall obtain a license therefor from the division of construction and business services, after conforming to subsection (b) and upon payment of an annual fee provided in section 131-501 of the Code.

(Code 1975, § 13-8; G.O. 63, 2009, § 55; G.O. 41, 2016, § 2)

(a)

The provisions of this chapter shall not apply to any person depositing upon any land any earth, sand, gravel, sod or nonflammable wastes resulting from construction activities.

(b)

This chapter shall not be interpreted as applying to the deposit of solid wastes for the purpose of temporary storage only,

(Code 1975, § 13-9)

The fees for the disposal of solid waste at the city-owned Belmont facilities, payable to the department of public works shall be as follows:

(1)

For solid waste transported to the facility by automobile (sedan or station wagon .....$2.00

(2)

For solid waste transported to the facility by van or pickup truck with a three-quarter-ton or less capacity per van or pickup truck load .....5.00

(Code 1975, § 13-10; G.O. 2, 2007, § 1)

All apartments and condominiums shall notify the director of the department of public works or his authorized representative thirty (30) days in advance of any change of name of such facility.

(Code 1975, § 13-11)

Effective February 1, 1995, multifamily residences shall not receive collection service from the city.

(Code 1975, § 13-12)