AL Code § 45-49-252.06 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 49 - Mobile County.|Article 25 - Utilities.|Part 3 - Solid Waste Management.|Section 45-49-252.06 - Collection of Solid Waste.

Section 45-49-252.06Collection of solid waste. (a)(1) Only county franchised collectors possessing valid permits shall engage in the business of providing solid waste management services to residential property within the county. Fees for such service shall be established by resolution or ordinance of the Mobile County Commission, consistent with the provisions of franchise agreements. Upon May 3, 1988, any proposed increase in fees charged shall be reviewed and approved in the following manner: a. A franchised residential collector shall provide notice in a newspaper of general circulation in Mobile County that the collector will apply in writing to the solid waste management advisory board for an increase in fees charged, including the amount of the proposed fee increase, at least three weeks prior to the giving of such written application. b. The collector, not less than 10 days thereafter, shall provide the written request for the fee increase to the advisory board. c. The board shall then make its written recommendations as to the proposed fee increase to the county commission. The county commission, by resolution, shall either approve or deny the request for an increase in fees. (2) Franchised collectors shall provide service as follows: a. All residential wastes, except for rubbish, shall be collected and removed at least twice per week. Rubbish shall be collected and removed at least once per week. Pickups shall not be reduced by holidays, but pickups normally scheduled to be made on a holiday may be rescheduled upon approval by the commission. At least five days prior notification to the affected residential premises by publication of display ad one time in a newspaper of daily circulation in the county shall be provided. b. The collector shall be required to pick up all garbage and rubbish not in excess of three 30-gallon receptacles generated by a residential premises, provided same is placed in a proper place. The collector shall also be required to pick up rubbish from the curbside in an amount not exceeding one cubic yard per week. This section may be modified or deleted by the commission by contract with individual collectors. c. The collector shall make collection with a minimum of noise and disturbance to the householder. Waste receptacles shall be handled carefully by the collector and shall be thoroughly emptied and left where they were found, standing upright and with covers placed adjacent to the waste receptacle at the curbside. Waste may be transferred from the householders' containers into tubs, cans, hampers, or other containers used by the collector in carrying waste to collection trucks. This work shall be done in a sanitary manner. Any waste spilled by the collector shall be picked up immediately by the collector's employees. d. All persons receiving residential service pursuant to this part shall place waste receptacle disposal containers and other items at the curb- side, secured from disturbance by animals, unless the collector has agreed to provide a special service collection at another location. e. Special services such as backdoor collection, below ground collection, removal of any refuse other than residential waste as defined herein, or additional pickups not provided for in this part shall be subject to negotiations between the collector and the owner or occupant of the premises. Requests for pickup of bulky waste such as building materials, furniture, trees, sod, lumber, and other items not defined in this part as garbage or rubbish shall be considered as requests for special pickup services. Such special services shall not be covered by the fees and charges set out by ordinance or resolution, but shall be agreed upon by the parties requesting such service and the collector. Charges for special services shall not be unreasonable or excessive. f. Customer restrictions: 1. A collector shall not be required to collect residential waste receptacles containing garbage or refuse not generated from the customer served and shall not be required to collect nonresidential waste. 2. A collector shall have the right to terminate service to any customer violating any provision of this part.  g. Any container used for the collection or storage of residential waste which fails to meet the standards prescribed by this part shall be clearly marked by the enforcement agency, specifying the manner in which the container fails to meet these requirements. Any container which fails to meet these requirements and is so marked shall be removed from service by the party furnishing it. Upon failure of the party furnishing the container to remove it from service after marking by the enforcement agency, the collector shall remove the container from service and destroy it. (b) Arrangements for the management of nonresidential solid waste shall be made by the owner or tenant of the nonresidential property; or by the producer of the nonresidential solid waste. (1) All nonresidential solid waste shall be collected at sufficient intervals to protect the environment; however, garbage produced on a nonresidential property shall be collected at least twice a week. (2) Such collections shall be scheduled so that collection vehicles do not interfere with rush-hour traffic. (3) Abandoned property shall be removed and disposed of in accordance with this code. (4) The Mobile County Commission shall provide the necessary equipment and personnel to remove dead canine, feline, and other small animals on public property or private property, for a fee, and shall schedule such collections to provide pickup with a minimum of delay. The removal of other dead animals on public property shall be the responsibility of the department of public services; these animals shall be disposed of promptly to prevent them from becoming a sanitary nuisance. The above shall not apply to dead animals or parts thereof from any commercial or agricultural activity within this locality. But, in any event, if an animal is unknown or suspected to have died of a communicable disease, the handling and disposal of the carcass shall be in accordance with this code. (Act 81-450, p. 773, §3; Act 88-421, p. 619, §7.)