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HomeMy WebLinkAboutOrdinance 3232 FOR FILED '8 / J8N 12 RECORD RD ORDII� ND. 3232 WASyF1%, . T 2 2y AL MAII,K�� . � UFyTYA _lCROFILMED CIR AN ORDINANCE REQUIRING THAT SOLID WASTE GENERATE / T L ERE R R OR COLLECTED WITHIN THE CITY OF FAYETTEVILLE BE DELIVERED TO THE SOLID WASTE DISPOSAL AND RESOURCE RECOVERY FACILITY OWNED BY THE NORTHWEST ARKANSAS RESOURCE RECOVERY AUTHORITY. d .mss WHEREAS, the City of Fayetteville ( the "City" ) is a member of U the Northwest Arkansas Resource Recovery Authority; and WHEREAS, the Authority proposes to provide for the design , con- struction , operation and maintenance of environmentally satisfactory efficient and economical high capacity solid waste resource recovery i facility ; and WHEREAS , the City has entered into a waste disposal contract �j with the Authority ; and WHEREAS , said contract provides that the City shall not directly or indirectly cause or permit acceptable waste to be delivered by its employees , subcontractors or agents to facilities other than the Authority ' s facility ; and WHEREAS , the Joint County and Municipal Solid Waste Disposal Act provides at Ark . Stat . Ann. § 82-2740 ( b ) ( 1985 Supp . ) that any municipality or county which is a member of a sanitation authority may require by ordinance that solid waste generated or collected within the corporate boundaries of such municipality or county be delivered to a particular project for disposal , treatment or other handling . NOW, ARE, BE TT ORMUMI) BY THE BOARD OF DIRECTORS OF THE CITY OF FARM TEVIL R, ARKANSAS* Section 1 . All acceptable solid waste generated or collected within the corporate boundaries of the City shall be delivered to the solid waste disposal and resource recovery facility ( the "Facility" ) owned by the Northwest Arkansas Resource Recovery Authority for disposal , treatment or other handling . Section 2 . The term acceptable solid waste shall mean all garbage , trash, rubbish , refuse and offal that is normally disposed of by a residential household , commercial business or industrial facility ; provided that acceptable waste shall not include non-acceptable waste and shall not include waste containing more than occasional rubber tires as would normally be disposed of by household or commercial establishments which are not engaged in the manufacture , sale or exchange of rubber tires and tubes . U$fR 1�o,9PAGE c3�U -a- The term non-acceptable waste shall mean pesticides , insecticides , chemicals ( when not in normal household waste ) , pathological and biological waste , radioactive materials , oil sludges , hazardous refuse of any kind or other substances which are not or are hereafter considered harmful , inflammable , hazardous or toxic or which would otherwise not be allowed for burial under regulations of the Arkansas Department of Pollution Control and Ecology or Arkansas Health Department or which under any other Federal , State or local law or regulation would not be allowed to be disposed of at a permitted , non-hazardous waste landfill , or which the City , the Authority or the operator reasonably determines could pose a threat to health or safety or which may cause damage to or adversely affect the operation of the Facility , Section 3 . Any person delivering solid waste generated or collected thin the corporate boundaries of the City to a site other than the Facility site shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of up to $500 . 00 for the first offense and up to $ 1 , 000 . 00 for each subsequent offense . Section 4 . This ordinance shall became effective on the canmence- ment date of the Facility, The term commencement date shall mean the date on which the operator camiences commercial operation of the Facility following the start-up process and notifies the Authority in writing that it is prepared to receive acceptable waste at the , Facility on a regular basis , and the Authority notifies the City in writing that the Facility is prepared to receive acceptable waste from the City . PASS® AND APPROVED this 5 day of December r 1986 . AP B PV Y Mayor ATTEST By : , A Clerk j� �lr s Jlk • `Y ' LIBIR 1209 PAGE 317 1, Alma Kolimcypq Circuit Clerk and E.k-Cl:(CiC Rprp, G,_r :Or lYEshi�tgicn Aikus;_- County, do haat, ccriify Thal this in- CERTIFICATE OF RECORD "` °' y'as h::, for reco, d in my office State `of Arkan's is , . . as indlcafad hereon and the same ( d-ly recordc is new City of Fayetteville ( 55 and, a 1her the ac ' owladgement . , -i , . i -, k•. • certilicele Iherecri in P,ecord Book and I, Suzanne C. Ker.!;ec'y, City Clerk and a�9e d° md:cetad thereon. Ex-Officio recorder fa>r t!ie Ci:y of Fayetteville, INIWITNESS• whlEREpF, I haset set my hand and ereunlo d0 hereby certif>' that the a nlcr:e 1 or fore- allixed the seal of said going is of record in my office at;d the same ap. ' °°" °n. the date indicated heroom pears in in Ordinance C Re30!ililJri boot: Alma Kellmeyar at page— /—e?� Witness my Circuh Clerk and hand and seal this-- -/-Z�� lay of Ex-olficio Recorder ,,— rby C� — C . City Clek and Ex-Officio Recorde NCE NO. 2231WHEREAS,10lymil Aufor the PASSED AND APPROV IT NCESOLI WAST - erapnla ,o govlftion for opera. ED this 3C.Y a OKemwr, HAT SOLID CISL- desithan Ma <OmVI¢tiM. Opera INs. NERATIT OR THECI- tlmetgmainfmatisfac m APPROVED EC OF WITHINTHECb vlroi*nt and "onommlvY BY: Paul R. NebM tTY E VERFAYED TO LLE *ftichigh a"1 and Kld Waal l � ,syyy 1 BE DELIVERED TO THE oleo cep eke solid Waal* ATTEST as, SOLID WASTn DISPOSAL rawurfe rKovery bclllry; IBr: 3uxanM t. NanMpY AN0 RESOURCE RECOV aha City CIKR ERY FACILITY OWNED WHEREAS. iw <itY oaf. BY TME NORTHWEST PmKae into a waste elsposel �— ARNAN5A5 RESOURCE Met wlm the Aa+wlty; R ECOVER V AUTHOR$TY. . aha /� WHEREAS . Me City a r WHEREAS, sale listr t I. �! ( f ( I �l //(f.! r hereby Cerflh' Incl I Fa te"noter I they e Northwest Ian me, me alit Men am the puDllsnerof HESORTtIW'EST aR SSASTp1E5. adallynewspaper Der a 1M Nwtnwan t directly Or Msjrealr arm Arkansas Resource Facey COvn or parml+ KceaanNhaving a seep d cin s5 ma 111 ng on liege. and Del ng not less $ban IOU r paRes of tr�•Autnmur; a_..Lie west* +o We delivered by its five columns each, published at a fixed place of business and at a fixed Idallyl oor rnagents to decliners aurae Intervals con,lnuously in the City of Fayelles'llle. County of R'ashington. drkansas than the Authority's facility; for more Ihan a period of I" elve Mont Its. circulated and dls I hod ted (rpm an and WHEREAS. in* Joint established place Of business to subscribers and readers generally Of all classes In the Cit County e st@ ane Alvmcipel send Y and Courcy for a definite price for each copy, Or a fixed price per Waite Ol3wal Act provided annum, which price was fixed at what is considered the Value of the publication, e1 Ark. Slat Ann. SST based upon the news value and service v aloe It Contains, that at least fifty Pa0 1cIpa 155upp.l ,county percent ca<iis a Tember of oRhesubscrlbers Hereto hive paid cash for subscrlpllon3 to the newspaper wnitetlon authority may re. or Its agents Or through recognised news dealers Over a period Of al least six 1 quire by orOlnarNa that Solid dWMQg; and that the Said newspaper publishes an average of more than forty e3h gneralaemcollKted Percent news Taller. wlthin the corporate bpuw` alvei IN such municipality K l county Re delivered to a par. I further certify that the legal notice Ocular Pri IK disposal. hereto attached In the Matter of treetmmt"a rnanduna. N 11 d ITORDAINED FE THE NED BY Com` /,O 3aZ3 2a[S BOARD DIRECTORS [LY7( B . , OF THE CITY OF FhYET- TEVILLE,ARKANSAS: WAS published In MeregUtardally ISSUe Of Said newspaper for seduw t. Ana t Sous weary aNYe. K cirnot canttUdve Insertions as follows: IK,ee within the cxpyeh W deliver" 10 10 theCity MailWild 'The first Insertion an the p W wuvved ,e \re ane dal' of 19 Waste dopes.$ sin resource , recovery webby «lie ••Fe the second Wertlon on the a Welit Arkansas by ms Nor day of ]g Recovery ry Authority Resource for aispposal. tr a,marlt wvother the third Insertion on Me __ day of handling. 19 Section x. The stem all and the fourth insertion on the Y or / TaCePte HI solid wasteand Men 1 garbage, trash. bstat ;a n .sure lie rd W y o normally m3poRe a / co • resicommercial aural hos or in• warn to and sabscrltxtl eusn.l sal w3Ma vi ed f5� before me inb ial ptalle sue Wall 1V� <` IRL y (t r day m.r •«ague$* ware man Cf f LY 6 not Include nan.accePtable wa3,e one Shall w, Include af,a crmaining more thenr d KCaalMel rubber tires a waited Normally x elspwee NOi PUDIIc r Of by boost q mmmer alre not amass" ln�the MY COO Mission Expires: crena.lige Of r , ale es q 9 i _ , e a pp. ,I.K :rq The TM u.il rotiacceptable Sante lim memajclw ' M o. Carlca lIwh*ft net normal lle Waste). waste. g .� 5l� Fres for Printing ramaaalve materials. W moan, or W etas tease a any kind ere no? Or are Cast Of Proof _ 5 wblcn are ide or are nvunar Inflammable, moms $tub toxic Or Which would Taal _ 5 .� �• r I rdous ,eels w ed alto would r, burial ise under reavowed for II\11I�/^V the ansas rwwanm> a 'Po Rution antra$ a o Pollution Control alta 1 Ecoogv Arkansas Health wwnmem? W whim" under Cin any l la FedKH, State K lace rem o regulation Would w, w a porn il w mrpor.a a a, a AS?* erre• mmnr Which wrest , e. tui. K wnOn he Orr• Me A or me operator threat oreasonably pare a pone c Marc auty a which may cause ct the O e at on Wth , IV of fact the ppagHm IN the Facility.echo LCtlin 3." Any w telaen au" or sola waste vein naw o boundaries ound within ma City to a ite Other ri than of 1M Ont toe site inner man the Facility de aner ne 1 aunty of a Misdemeanor to and pal conviction up to be SUP let, ,e fi Illi* el asp ,e d up to mr ,M4) for ase each oss SLOntent IK act svbse Oven+SINCtiOn 4. T his Ordinance Shell MMe effective? date O mac meity. Th sate m CO Facility. The ,arm mMe date date mall Mean me cede on winch the Ofi [ rCl cial eloperall the Stan UP Pr"ity S and p +M notifies the Aulneri and nonan me A open" In wrireceive macer is able west*wed to rthe Fa ility w ablegular i, the, and the regular wall, ane me wumoruy at m e City te i wrote that I" s areteeeto receive aacc amiw.Hefronlihe .. f '.