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(1) All solid waste containers used or intended for use by commercial or private haulers shall be located and maintained as follows:

(a) Each solid waste container shall be located and maintained as described in an applicable project plan.

(b) If there is no applicable project plan, each solid waste container shall be located or screened so that it cannot be observed from public property.

(c) If there is no applicable project plan, and there is no reasonable way in which a particular solid waste container can be located or screened so that it cannot be observed from public property, the location and maintenance of said solid waste container shall be as approved by the Director.

(2) It shall be unlawful for an owner to fail or refuse to provide a site conforming to the requirements of this section with respect to:

(a) each solid waste container located on property owned or controlled by the owner; and,

(b) each sold waste container which is used to deposit solid waste from the structure of the owner.

(3) It shall be unlawful for a commercial hauler or private hauler to:

(a) empty a solid waste container with respect to which there is not a site conforming to the requirements of this Section; or

(b) fail or refuse to return a sold waste container to the specific site or location conforming to the requirements of Subsection (1) of this Section, after it has been emptied.

(4) If the required location of a solid waste container is obstructed by spilled or excess solid waste, the hauler who moves said container shall clean the required location sufficiently that the solid waste container can be reasonably returned to the required location.

(5) All contracts entered into by a commercial hauler for the servicing of solid waste containers shall be deemed subject to further amendment as necessary to comply with this Section.

(Enacted 1989-65)