The following is from City of Herington Ordinance 1640, Chapter VII, Article 7

7-704. DUTY OF OWNER, OCCUPANT. The owner or occupant of every dwelling unit or commercial enterprise shall provide at his or her own expense a suitable container for the storage of solid waste as provided in this ordinance. No owner or occupant shall permit to accumulate quantities of refuse or other waste materials within or close to any structure within the city unless the same is stored in approved containers and in such a manner as not to create a health or fire hazard.

7-705. CONTAINERS. Residential containers shall have a capacity of not more than thirty (30) gallons. They shall be of galvanized metal or other non-rusting material of substantial construction. Each container shall have a tight fitting lid and shall be leak-proof and fly-tight. All containers shall have handles of suitable construction to permit lifting. Plastic bags manufactured for garbage and refuse disposal may be substituted for residential containers. Plastic bags, when used, shall be securely closed. All garbage shall be drained of all liquids before being placed in bags or containers.

7-706. BULK CONTAINERS. On premises where excessive amount of refuse accumulates or where cans or bags are impractical bulk containers for the storage of refuse may be used. Containers shall have a capacity and shall be equipped with appurtenances for attaching mechanical lifting devices which are compatible with the collection equipment being used. Containers shall be constructed of durable rust and corrosion resistant material which is easy to clean. All containers shall be equipped with tight fitting lids or doors to prevent entrance of insects or rodents. Doors and lids shall be constructed and maintained so they can be easily opened. Containers shall be watertight, leak-proof and weather-proof construction.

7-707. ENTRY OF PRIVATE PREMISES. Solid waste collectors, employed by the city or operating under contract with the city, are hereby authorized to enter in and upon private property for the purpose of collecting solid waste there-from as required by this ordinance.

7-708. OWNERSHIP OF SOLID WASTE. Ownership of solid waste when placed in containers by the occupants or owners of premises upon which refuse accumulates, shall be vested in the city and thereafter shall be subject to the exclusive control of the city, its employees or contractors. No person shall meddle with refuse containers or in anyway pilfer or scatter contents thereof in any alley or street within the city.

7-709. WRAPPING GARBAGE. All garbage shall be drained of all excess liquid, and wrapped in paper or other disposable container before being placed in solid waste containers.

7-710. HEAVY, BULKY WASTE. Heavy accumulations such as brush, tree limbs, broken concrete, sand or gravel, automobile frames, dead trees, and other bulky, heavy materials shall be disposed of at the expense of the owner or person controlling same.

7-711. HAZARDOUS MATERIALS. No person shall deposit in a solid waste container or otherwise offer for collection any hazardous substance, garbage, refuse, or waste. Hazardous materials shall include:

  1. Explosive materials;
  2. Rags or other waste soaked in volatile and flammable materials;
  3. Chemicals;
  4. Poisons;
  5. Radio-active materials;
  6. Highly combustible materials;
  7. Soiled dressings, clothing, bedding and/or other wastes, contaminated by infection or contagious disease;
  8. Any other materials which may present a special hazard to collection or disposal personnel, equipment, or to the public.

7-712. PROHIBITED PRACTICES. It shall be unlawful for any person to:

  1. Deposit solid waste in any container other than that owned or leased by him or under his control without written consent of the owner and/or with the intent of avoiding payment of the refuse service charge;
  2. Interfere in any manner with employees of the city or its contractors in the collection of solid waste;
  3. Burn solid waste except in an approved incinerator and unless a variance has been granted and a written permit obtained from the city or the appropriate air pollution control agency.
  4. Bury refuse at any place within the city except that lawn and garden trimmings may be composted.

7-713. OBJECTIONABLE WASTE. Manure from cow lots, stables, poultry yards, pigeon lofts and other animal or fowl pens, and waste oils from garages or filling stations shall be removed and disposed of at the expense of the person controlling the same and in a manner consistent with this ordinance.

7-714. UNAUTHORIZED DISPOSAL. No person shall haul or cause to be hauled any garbage, refuse or other waste material of any kind to any place, site or area within or without the limits of the city unless such site is a sanitary landfill, transfer point or disposal facility approved by the Kansas State Department of Health and Environment.

7-722. CHARGES. The city shall collect a monthly service charge of $17.55 per dwelling unit per month to defray the cost and maintenance of the collection and disposition of solid waste within the city.

7-723. BILLING. The monthly service charge shall be billed at the same time and in the same manner as the charges for other municipal utility services and shall carry the same due dates, grace periods and penalties as said bills. No payment shall be accepted on municipal utility bills except for the full amount billed for all municipal utility service.

7-724. SAME; DELINQUENT ACCOUNT. In the event the owner or occupant of any property shall fail to pay the solid waste bill within sixty (60) days following the date upon which it becomes due, the city clerk shall annually certify such unpaid bill to the county clerk as a lien upon the property. The lien shall be collected subject to the same regulations and penalties as other property taxes are collected.