§ 130-43. Removal of solid waste from commercial or industrial properties.

(a)

Permit for collection by the city. No collection of garbage or other refuse matter shall be made by the City of Atlanta through its curbside collection program from any commercial or industrial premises without a special permit from the commissioner of public works. All garbage to be collected by the city from permitted commercial and industrial service units shall be contained and placed according to any provisions provided by the special permit issued by the commissioner of public works.

(b)

Dangerous accumulation prohibited. No person shall keep or accumulate, or permit to be kept or accumulated, any solid waste in or upon any commercial or industrial premises or location within the city owned, leased or rented by such person or in such person's possession or control, in such manner that:

(1)

Creates a fire hazard dangerous to person or property;

(2)

Becomes unreasonably offensive or dangerous to the public peace, health or safety;

(3)

Promotes the propagation, harborage, or attraction of rodents, vermin or pests; or

(4)

Becomes a public or private nuisance.

(c)

Private collection required. The owner or agent of the owner of any commercial and industrial premises not permitted to receive garbage collection service from the City of Atlanta shall contract with a private contractor for the collection, transportation and disposal of all solid waste generated upon the premises.

(d)

Acceptable containers. Garbage to be collected by private garbage collection firms operating under a permit granted by the City of Atlanta shall be placed in plastic or other impervious containers subject to the following requirements:

(1)

General requirements.

a.

All garbage containers used in the city shall be non-absorbent, water-tight, durable, easily cleanable, and designed for safe handling. In any case where the provisions of this section permit the storage of garbage in plastic bags, the bags shall have sufficient size and strength to hold the garbage and shall be designed for the containment of solid waste.

b.

Except when garbage is being placed into or removed from the container, the garbage generator shall keep every garbage container closed or sealed so as to prevent the escape or leakage from the container of any garbage or other solid waste or of any offensive vapors, gases or odors.

c.

The garbage generator shall not cause or permit any garbage container to be filled in any manner that causes or allows garbage to overflow from the container.

d.

The garbage generator shall keep the garbage container clean and sanitary, shall treat the garbage container in such manner and to such extent and with such substance as may be necessary to repel and keep away flies and rodents, and shall keep the garbage container odor proof.

e.

The garbage generator shall not cause or permit garbage to be so compacted or otherwise placed, kept or accumulated in any garbage container in a manner which does not allow the contents of the garbage container to fall out, by their own weight, upon the container being lifted and turned upside down.

(2)

Maintenance of containers used at commercial and industrial premises.

a.

It shall be the responsibility of the owner of any commercial or industrial premises, to maintain all garbage and trash containers serving the owner's property in a clean and healthful manner, free of obnoxious odors, maggots, insects and rodents or any other conditions which may render them unhealthy to those upon the premises or to the surrounding community.

b.

It shall further be the responsibility of the owner of any commercial or industrial premises, to see that all containers serving the owner's property are kept in good repair at all times and that the doors and lids of the containers be properly closed when not in use.

c.

It shall further be the responsibility of the owner of any commercial or industrial premises, to see that the area surrounding all containers serving the owner's property is kept free of garbage and trash.

d.

After January 1, 2004, any dumpster or solid waste container and any such accessory use or structure located on the premises of any commercial or industrial premises shall be screened on three sides by planting materials, or a fence or wall of a height not less than six feet tall and not more than eight feet, from the public view of any public right-of-way and any abutting properties. Any variance to the provisions of this subsection shall approved by the commissioner of public works or his designee.

(3)

Number of receptacles. Stores, restaurants, hotels, warehouses, institutions, manufacturing and processing plants and all other commercial and residential premises within the limits of the city shall provide a sufficient number of containers, rooms or refrigerators to contain any accumulation of solid waste generated on the property.

(4)

Location of containers. All new commercial or industrial construction permitted after the passage of this ordinance shall be required to set aside space for solid waste containers and recycling containers used for the collection of solid waste. Any applicant for a non-residential building permit shall submit plans to the commissioner of public works or his designee, providing the locations of all space designated for solid waste containers.

a.

The location of any space for each of these containers must be indicated on any submitted plans even if containers are not proposed as the primary method of solid waste collection.

b.

As a condition for the approval of any commercial or industrial building permit, all plans submitted by the applicant must demonstrate that the space allocated for any proposed development shall be of a size necessary to locate and service a sufficient volume of containers to contain any solid waste generated on the premises.

(Ord. No. 2004-06, § 1, 1-12-04; Ord. No. 2016-24(16-O-1382) , § 1, 7-27-16)