Huntsville Code of Ordinances § 22-121 Removal by city collectors and licensed haulers only; exceptions.
Sec. 22-121. - Removal by city collectors and licensed haulers only; exceptions.
(a) No person, except duly authorized collectors of the city or private collectors or haulers licensed by the city pursuant to law, shall collect or remove any solid waste generated, occurring or accumulating within the city or use any of the streets, avenues, alleys or public places and ways of the city for the purpose of collecting or transporting solid waste. All licenses granted by the city to private collectors or haulers and all contracts or other forms of authorization of duly authorized private collectors or haulers shall, until such time as all the bonds have been fully paid and retired, require that all acceptable waste collected and transported under authority of such license, contract or authorization be delivered as follows:
(1) Until the actual acceptance date, such acceptable waste shall be delivered to the authority at the existing landfill for disposal at the existing landfill;
(2) From and after the actual acceptance date, such acceptable waste shall be delivered to the authority at the plant, for disposal and processing there or for subsequent transportation by such private haulers or collectors to the existing landfill and disposal there;
however, if the authority cannot accept acceptable waste at the existing landfill or the plant (or at another authorized receiving facility to which acceptable waste is at the time required by the provisions of this article to be delivered), such acceptable waste shall be delivered to the authority at such authorized receiving facility as shall have been specified in a notice published in a newspaper having general circulation and published in the city (which such notice shall also specify the location or locations of such authorized receiving facility). Further, no person shall use any of the streets, avenues, alleys or public places or ways of the city for the purpose of collecting or transporting any solid waste generated, occurring or accumulating within the city, or shall be granted a franchise so to use any of the streets, avenues, alleys or public places or ways of the city (irrespective of whether such person is licensed, and irrespective of whether such person is required to be licensed, by the city), unless all acceptable waste so collected and transported by such person shall be delivered to the authority to the same extent as provided in this subsection.
(b) All the provisions of subsection (a) of this section are subject, however, to the following exceptions:
(1) The owner or person in possession of any household, business, industry or other property in the city may store, haul and dispose of acceptable waste generated, occurring or accumulated upon the premises of such person (not including, however, any acceptable waste previously collected by any such person from the premises of others, notwithstanding that title to such waste may have been transferred to such person) on his own land or otherwise, if such storage, haulage or disposal is accomplished pursuant to a certificate of exception obtained under the provisions of Code of Ala. 1975, § 22-27-3(e);
(2) Any person owning or being in charge or possession of any private residence, commercial business or industry may remove and transport acceptable waste generated or occurring upon the premises of such person provided such acceptable waste is delivered to the authority for disposal as and to the same extent required and provided in this section with respect to private collectors or haulers collecting and removing acceptable waste under licenses granted by the city; and
(3) Any acceptable waste that is appropriately delivered or tendered to the authority as provided in this section and that the authority does not accept, process or otherwise dispose of, may thereafter be delivered and disposed of in any lawful manner deemed desirable by the licensed private collector or hauler or other person collecting or transporting the waste, it being understood and agreed that, for purposes of the preceding portions of this subsection (b)(3), the authority shall be considered not to have accepted, processed or otherwise disposed of any such acceptable waste only if such acceptable waste shall have been duly and appropriately tendered to the authority, in accordance with its rules and regulations, at an authorized receiving facility and the authority shall have rejected or otherwise failed to accept it, or the authority shall have published in a newspaper having general circulation and published in the city a notice to the effect that it cannot accept any acceptable waste and shall not have revoked or otherwise withdrawn (by notice published in like manner) such notice.
(c) Any solid waste that is not acceptable waste shall be disposed of, in a manner authorized or permitted by law, by the person responsible for generating the waste.
(d) The city council expressly readopts by reference, as a basis for this section (and other ancillary provisions of this chapter), the findings contained in section 22-2, including particularly (but without limitation) those contained in subsections 22-2(3) through (15).
(Ord. No. 87-65, § 1(20-291), 5-27-1987)