§ 16-4. Solid waste storage.
(a)
General.
(1)
The storage of all solid waste shall be practiced so as to prevent the attraction, harborage or breeding of insects and/or rodents and to eliminate conditions harmful to public health or which create safety hazards, odors, unsightliness and public nuisances.
(2)
The owner, his agent or occupant of any premises shall be responsible for the satisfactory storage of all waste accumulating or originating at that premises. A sufficient number of appropriate containers shall be provided by the owner, his agent or occupant to accommodate all applicable solid waste material generated between regularly scheduled collections as may be necessary to meet the intent of subsection (a)(1) above.
(3)
All containers for storage of solid waste shall be maintained in such a manner as to prevent the creation of a nuisance or menace to public health, safety or welfare. Containers that are broken or otherwise fail to meet requirements of this chapter shall be immediately replaced with acceptable containers.
(4)
Where garbage and similar putrescible wastes are stored in combination with nonputrescible wastes, containers for the storage of the mixture shall meet the requirements for garbage containers. Garbage and trash shall be drained of all free liquids and garbage shall be bagged prior to being placed in containers.
(5)
Bins, receptacles or other containers of a permanent nature above ground shall not be kept, constructed or maintained between any sidewalk or private property line and the roadway edge or curb within the Parish.
(b)
Individual household-type containers.
(1)
In areas where the parish has implemented automated or semi-automated garbage collection service, a specific container that will be provided by the parish is the only acceptable container to be used.
(2)
In areas of the parish where automated/semi-automated collection has not been implemented, individual containers utilized for the storage of garbage and other putrescible solid wastes at households and certain other applicable premises which utilize manual non-mechanical collection equipment, shall have the following physical characteristics:
a.
Containers shall be constructed of durable metal or plastic, be tapered, be rust-resistant, nonabsorbent, watertight and leak-proof, easily cleanable with close-fitting insect and rodent-proof lids, and have adequate handles or bails to facilitate handling.
b.
Covers for containers shall be removable and not secured or fastened to containers.
c.
Containers shall not be less than twenty (20) gallons or more than thirty-five (35) gallons in capacity and the combined weight of container and contents shall not exceed seventy-five (75) pounds, except for containers utilized at apartments which shall be in accordance with section 16-4(e)(1)b. below.
(c)
Disposable containers. Disposable containers, such as plastic (polyethylene minimum one and one-half (1.5) mil.) bags, shall be acceptable for storage of solid wastes provided the following conditions are met:
(1)
Only those bags specifically designed for storage and collection of solid waste shall be used. Red colored bags are reserved for commercial medical wastes and may not be used for any other type of waste.
(2)
Bags shall be protected against precipitation, vandalism, animal damage and overloading to prevent littering or attracting vectors.
(3)
Bags shall have a holding strength capable of withstanding stresses while being handled and collected.
(4)
The bag opening must be securely tied prior to setting out the bag for collection.
(5)
Bag capacity shall not exceed thirty (30) gallons and filled weight shall not exceed seventy-five (75) pounds.
(6)
Material which cannot be properly contained in bags shall be containerized in garbage cans.
(d)
Bulk waste containers . Bulk waste containers normally used with mechanical collection equipment shall be of a type and design specified in section 6-2, definitions, of this chapter.
(1)
No bulk waste container shall be placed on any premises unless the owner or leaseholder of the property has made application for a permit with the director of the department of inspection and code enforcement. A placard or other permit certification, provided by the department of inspection and code enforcement, shall be kept continuously and conspicuously posted on each container; each container cover shall retain other permit documentation on the premises and produce same upon request of the director or his designee.
(2)
No bulk waste container shall be provided, placed or maintained upon any premises by a bulk waste container service company unless the customer has obtained a permit or can furnish evidence that he has applied for the permit required herein. A permit applicant will be given thirty (30) days from the date the container is first delivered to the premises within which to receive final approval from the director of department of inspection and code enforcement. If a bulk waste container service company does not receive evidence of the issuance of permit within forty-five (45) days from the date the container is first delivered, the company shall remove the container from the premises. Failure to remove by the bulk waste container service company shall result in a fine to the bulk waste container service company. Each day in violation shall constitute a separate offense punishable by a fine of one hundred dollars ($100.00) per day.
(3)
Bulk waste containers used during construction and placed on private property do not require a permit; however, a permit is required for these containers if placed in streets or on public property.
(4)
The permit application of the owner or leaseholder of the property shall designate the number and location of all bulk waste containers on the property. The director shall established regulations for the issuance and renewal of permits.
(5)
For each premises with no more than three (3) bulk waste containers and no record of violations to this section there shall be an annual permit fee of twelve dollars and fifty cents ($12.50) collected by the director every two (2) years in advance. For each premises with more than three (3) bulk waste containers and no record of violations to this section there shall be an annual permit fee of twenty-five dollars ($25.00) collected by the director each two (2) years in advance. The director shall keep a permanent, accurate account of all fees collected and received pursuant to this section, the names of the person upon whose account the same were paid, the date and amount thereof, together with the location of the buildings or premises to which they relate. A modified permit is needed to request change of location of the bulk waste container on the premises and to request an increase in the number of containers used on the premises. The fees for issuance of modified permits shall be the same as the issuance of a new permit with the applicant receiving credit for any funds remaining on deposit if the modified permit is issued within the two (2) years of the payment of the biannual fee. Notwithstanding that the permit fee is paid two (2) years in advance, the permit shall be valid only for the calendar year in which it is issued; the owner or leaseholder of the premises shall annually file for a renewal of the permit. Delinquent applications shall be subject to a ten dollar ($10.00) delinquent fee. In addition to any other penalties or fines provided herein, failure to comply with the bulk waste provisions of this article shall result in the imposition of an additional fee for the annual renewal of the permit as follows: ten dollars ($10.00) for the first violation per bulk waste container, and twenty dollars ($20.00) for subsequent violations per bulk waste container thereafter.
(6)
Property owners or leaseholders may obtain a special events temporary permit from the department of inspection and code enforcement for a period of three (3) months, e.g. Mardi Gras, at a permit fee of six dollars ($6.00). All conditions stated within this section shall also apply to the temporary use of bulk waste containers.
(7)
Bulk waste container service companies or operators shall place containers in the locations designated on the permit application and ultimately to the permit issued to the property owner or leaseholder of the property. Any company servicing bulk waste containers shall provide the department of inspection and code enforcement with a list of all active service accounts and locations within the unincorporated areas of Jefferson Parish. This list shall be amended annually for clients added or removed from service. Service accounts lists must be submitted by the company/contractor to the department of inspection of code enforcement by November 15th of each year.
(8)
Enclosures required. All users of bulk waste containers shall provide an on-site enclosure, unless there are either garages or other enclosed areas suitable for storage of waste containers, or the dumpster is located in the rear of the property and blocked from public view by opaque fencing around the property. The dumpster enclosure must be completely enclosed on four (4) sides. The height of each enclosure shall be twelve (12) inches greater than the highest part of any dumpster or container contained therein, but not less than six (6) feet in height. A building permit must be obtained with the department of inspection and code enforcement prior to the construction and/or installation of the enclosure and subject to the design regulations in this section. The permit for the dumpster enclosure will also include a permit for the dumpster.
Exception. The enclosure requirements of section 16-4(d)(8), shall not apply to industrial properties zoned M1 or less restrictive if the solid waste storage container is not visible from, adjacent to or located directly across the right of way from a more restrictive zoning district. This exception shall not apply to those containers placed in the front yard area of any property or the street side yard area of a corner lot.
(9)
Gates. All enclosures shall have a service access gate and their construction shall be of sturdy metal frame and hinges with an opaque facing material. Pedestrian access gates are permissible, but shall not be required. The enclosure shall be constructed in such a manner that all structural members, including braces, posts, poles and other projections, shall be on the interior side. The gates shall be constructed with commercial grade hinges, poles and hasps. Enclosures with gates that swing out from the dumpster shall be set back from the property line at least a distance equal to the width of the gate. Enclosure gates shall be closed at all times except for the time necessary to service the containers. Maze or baffle style openings shall be permitted in lieu of a pedestrian access gate.
(10)
Pads.
a.
All enclosures and dumpsters shall be placed on poured concrete or any existing hardened paving system.
b.
New construction. New construction of bakeries, meat processing food plants or any business establishment where the department of inspection and code enforcement determines that the bulk waste containers will receive garbage, liquid waste or food from handling operations shall have a raised concrete slab, a drain and cleaning water facilities for the receptacles and containers. The enclosures for said bulk waste containers shall include a drain and the drain shall be covered so that storm water does not enter the drain. The drain shall connect into the interceptor which shall be tied into the sanitary sewer system. If the director of inspection and code enforcement determines that tying into the drain is unfeasible due to location of the bulk waste container, then the director of code enforcement may require the installation of an interceptor with a minimum capacity of forty (40) pounds for the container.
(11)
Location. The proper location of each bulk waste container and enclosure on each property will be determined by the director of the department of inspection and code enforcement.
a.
Front yard area. Except in cases of hardship and then only by special permit, bulk waste containers shall not be placed in the front yard area of the property. "Front yard area" is defined as the area from the front property line to the front property building line. This section shall not prohibit the placement of bulk waste containers in the rear yard of a lot of double frontage.
b.
Parking. Containers and enclosures may be located within or immediately adjacent to parking areas. Bulk waste containers shall not be placed in any required parking space designated and used in the square-footage ratio calculation of a structure or building that the container is servicing. Applicants shall be permitted to reduce the width of existing parking spaces to no less than eight (8) feet, six (6) inches in width, and reduce the total number of spaces required, in cases of hardship and if shown to be necessary to provide space for the bulk storage container and enclosure. For multi-family residential, the overall parking ratio shall not be reduced to less than one (1) space for each dwelling unit.
c.
Hardship. The director of the department of inspection and code enforcement shall determine if a hardship exists in locating bulk containers and enclosures, or complying with other provisions of this chapter for new and existing sites. The director shall determine a feasible and the least obtrusive solution to the hardship, and shall not be limited to the solutions detailed in this section. "Hardship" is hereby defined as conditions and circumstances existing which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings; and the special conditions and circumstances do not result from the intentional actions of the applicant or any other person who may have or had interest in the property, and the strict adherence to the regulation for the property would result in a demonstrable hardship upon the owner as distinguished from mere inconvenience.
(i)
Appeal. If the applicant wishes to appeal the decision of the director, that appeal must be made to the bureau of administrative adjudication as set forth in section 2-5-4 of the Jefferson Parish Code of Ordinances.
(ii)
Filing fee. At the time notice of appeal to the bureau is filed, a fee shall be paid to the department of inspection and code enforcement in the amount of one hundred fifty dollars ($150.00) per variance per lot, not to exceed five thousand dollars ($5,000.00). All fees collected shall be credited to the general fund.
(12)
Materials and construction methods. Enclosures shall be constructed of walls or fences of wood or plastic lumber, (finished) masonry units, (finished) concrete or any combination of these elements. The materials used shall be compatible with those of adjacent or surrounding buildings or structures and may be used in any combination of the enclosure materials referenced above. Gates shall be constructed of opaque materials in the manner provided in subsection (8) above.
a.
Wood lumber. Wood fences shall be of durable species, of a quality and design acceptable to the director of the department of inspection and code enforcement or his/her designee. In making this determination, the director or his/her designee shall consider the following:
1.
Whether the wood is pressure-treated or has a finish that protects the wood from the elements;
2.
Adequacy of the supporting in-ground posts;
3.
That the lumber be a minimum of nominal one (1) inch by a nominal six-inch boards and shall have a maximum spacing between boards of one (1) inch; and
b.
Plastic lumber. Lumber shall be plastic members of new or recycled materials able to withstand the climatic and ultraviolet conditions of the region and of a quality and design acceptable to the director of the department of inspection and code enforcement or his/her designee. In making this determination, the director or his/her designee shall consider the following:
1.
Whether the material is coated or has a finish that protects the plastic from the elements;
2.
Adequacy of supporting in-ground posts;
3.
That the lumber be a minimum of nominal one (1) inch by nominal six-inch boards and shall have a maximum spacing between boards of one (1) inch; and
c.
Masonry walls. All exterior faces of walls shall have a finish such as stucco, pre-finished block, stacked block with struck joints, shadow blocks, painted or similar, installed according to industry standards and meeting with the approval of the director of the department of code enforcement or his/her designee.
d.
Concrete walls. Pre-cast or poured concrete walls shall have decorative textured finish of a quality acceptable to the director of the department of inspection of code enforcement or his/her designee.
(13)
Maintenance.
a.
Enclosures shall be maintained in good condition and appearance at all times. Gates and latches shall be kept fully operable and shall be closed except during scheduled collection periods. Enclosures and bulk waste containers shall be cleaned at a frequency to prevent noxious odors or unsanitary conditions from occurring. Enclosure pads shall be repaired or rebuilt whenever the pavement structure deteriorates.
b.
Bulk waste container lids shall be kept closed at all times except during actual collection.
c.
Bulk waste containers and the area around the container and enclosure shall not be used for disposal of furniture and major appliances except during a scheduled bulk pickup.
d.
The bulk waste container shall be free of overflowing refuse at all times.
e.
If a person is found to have violated this subsection: on two (2) occasions within a sixty-day period or for three (3) continuous days then the department of inspection and code enforcement may require the person to obtain additional or larger capacity bulk waste containers and enclosures or increase the frequency of pickup in order to eliminate the overflow problem.
(14)
Penalties. A property owner's or leaseholder's failure to obtain and maintain bulk waste containers according to the provisions of this Code and fire codes shall be cause for forfeiture of any permit fees on deposit, permit revocation, fine, or all of the above. Bulk waste container companies or operators shall maintain containers in the condition prescribed in this subsection; violations are subject to citations, or fines, or both. Once a citation is issued, the bulk waste container cited must be repaired within thirty (30) days or fines will be imposed.
(15)
Separate offenses. Failure of bulk waste container service companies, operators, property owners, or leaseholders to comply with these provisions shall result in a penalty and fines as follows. Each day in violation shall constitute a separate offense. For the first violation, the fine shall be one hundred dollars ($100.00) per day and five hundred dollars ($500.00) per day for all other occurrences.
(16)
The director of the department of inspection and code enforcement shall have authority to administer this section. The director of the department of inspection and code enforcement shall promptly establish the regulations and specifications herein required and such other regulations as are necessary for the effective administration of this section. This section shall apply equally to all users and operators, whether public or private, of bulk waste containers.
(17)
It shall be unlawful for any person to place or maintain a bulk waste container upon any sidewalk, street or other public right-of-way; any person violating the provisions of this subsection shall be guilty of a misdemeanor, and upon conviction shall be punished as provided in section 1-10.
(18)
All owners of multifamily structures containing five (5) or more single-family residences shall provide bulk containers for the storage and disposal of solid wastes generated by the occupants of said residences in accordance with section 16-4(e)(1)a. below, "Special containers required, Apartments."
(e)
Special containers required .
(1)
Apartments .
a.
All owners of multifamily structures containing five (5) or more single-family residences shall provide bulk waste containers for the storage and disposal of solid wastes generated by the occupants of said residences. Owners of structures which cannot accommodate bulk waste containers may petition the director of the department of inspection and code enforcement for a hardship special permit for alternative solid waste storage and collection as provided for in this section. Hardship is defined in section 16-11 (c) above.
Owners of multifamily structures greater than five (5) units may petition the director of inspection and code enforcement to receive curbside garbage collection through the parish's municipal collection contract. The director of code enforcement will confer with the director of environmental affairs regarding the existing conditions at the site; only after joint concurrence between both departments can permission to utilize curbside collection be approved.
b.
All owners of multifamily structures containing five (5) or more single-family residences that have obtained a hardship special permit from the director of the department of inspection and code enforcement for alternative solid waste storage and collection as provided in section 16-4(e)(1) apartments, subsection a., shall be responsible for furnishing and maintaining in good condition, at least one (1) container for each dwelling unit in the structure for the storage and curbside collection of garbage and other putrescible solid wastes. Said containers shall be in acceptable condition for the storage of waste without spillage, and shall have the following physical characteristics:
1.
Containers shall be constructed of durable metal or plastic, be tapered, be rust-resistant, nonabsorbent, watertight and leak-poof, easily cleanable with close-fitting insect and rodent-proof lids, and have adequate handles or bails to facilitate handling.
2.
Covers for containers shall be removable and not secured or fastened to containers.
3.
Containers shall not be less than thirty (30) gallons or more than thirty-five (35) gallons in capacity, and the combined weight of container and contents shall not exceed seventy-five (75) pounds.
4.
Each container shall be permanently marked with the address and number of the dwelling unit for which it is intended in characters at least six (6) inches high by four (4) inches wide.
c.
In areas where the parish has implemented automated or semi-automated garbage collection service, a specific container/tipper cart that will be provided by the parish is the only acceptable container to be used. The parish, through its municipal contract shall provide each eligible unit with one (1) container/tipper cart which shall remain at the unit for use by occupants. All carts shall be marked in accordance with the provisions outlined in subsection (1)b.4. above.
(2)
Retail outlets. The operators of all retail outlets of any type (excluding malls), including but not limited to convenience stores, grocery stores, restaurants and cigarette outlets, shall have a metal or durable plastic waste container not to exceed forty (40) gallons in front of or near the entrance of their business for the deposit by their customers of the garbage, refuse and litter associated with the operation of such businesses. Said container shall be in addition to other containers which are necessary to meet the intent of subsection (a)(1) above. The owner of outdoor malls, that is strip retail outlets that are not connected by enclosed covered walkway(s), shall be responsible to furnish, empty and maintain at least one (1) such container for each one hundred (100) feet of store frontage in the mall. Enclosed retail malls are excluded from this requirement however the owner of such a mall shall be responsible to furnish, empty and maintain an appropriate number of containers in appropriate size(s) and locations. The operator of any retail outlet who fails to provide a waste container as required in this subsection shall be fined no more than five hundred dollars ($500.00). This subsection may be enforced by the Jefferson Parish Department of Environmental Affairs Officers or Jefferson Parish Sheriff's Deputies.
(3)
Bus stops. Litter receptacles shall be placed by the parish department of parkway near all public transit stop benches and shelters and may be placed at any transit stop along the major transit routes, as designated by the parish office of transit administration. The parish shall implement and maintain a program to collect litter near all public transit benches and shelters. The parish may implement such programs near all public transit stops.
(f)
Methods of use of containers.
(1)
Containers shall be kept covered at all times except during placement or removal of contents.
(2)
Containers shall not be filled so that the lid cannot fit properly.
(3)
The area around each container shall be kept clean.
(4)
Containers shall be watertight, leak-proof and rodent and insect-proof.
(g)
Non-containerized temporary storage. Certain wastes of a nonputrescible nature lend themselves to temporary storage in a manner other than containerization such as:
(1)
Magazines, newspapers, and corrugated cardboard should be recycled, when possible, and shall be containerized or neatly stacked and tied in bundles not exceeding four (4) feet in length, two (2) feet in diameter or width and seventy-five (75) pounds in weight to be easily handled by the collection system and so as to minimize littering.
(2)
Large items such as furniture, appliances, trees and stumps shall be stored so as not to: pose a safety hazard, collect water, and/or serve as a harborage for insects or rodents.
(h)
Potentially infectious biomedical wastes, asbestos containing material, and hazardous wastes including, but not limited to, explosives, acids, caustics, pesticides, paints and solvents, automotive batteries, and vehicular fluids must be handled, stored and disposed of in accordance with all applicable local, state and federal regulations.
(i)
With the exception of the responsibilities reserved herein to Jefferson Parish Department of Inspection and Code Enforcement relative to bulk waste containers in section 16-4(d) and the bulk waste container requirement for apartments in section 16-4(e)(1)a., all provisions of this section may be enforced by the parish department of environmental affairs.
(Ord. No. 22100, § 1, 1-21-04; Ord. No. 23297, §§ 1—3, 5-7-08; Ord. No. 23609, §§ 1—6, 8-12-09; Ord. No. 24349, § 1, 10-10-12; Ord. No. 22807, § 9, 7-19-06; Ord. No. 25191 , §§ 2—5, 8-10-16; Ord. No. 25411 , § 1, 8-23-17)