[R.O. 2012 §220.010; Ord. No. 327 §1, 10-16-1978]
For the purposes of this Chapter, the following terms shall be deemed to have the meanings indicated below:
- APPROVED INCINERATOR
- An incinerator which complies with all current regulations of the responsible local and State air pollution control agencies.
- BULKY RUBBISH
- Non-putrescible solid wastes consisting of combustible and/or non-combustible waste materials from dwelling units, commercial, industrial, institutional, or agricultural establishments which are either too large or too heavy to be safely and conveniently loaded in solid waste transportation vehicles by solid waste collectors, with the equipment available therefor.
- The City of Knob Noster, Missouri.
- Removal of solid waste from its place of storage to the transportation vehicle.
- CONSTRUCTION AND DEMOLITION WASTE
- Waste materials from the construction and demolition of residential, industrial, or commercial structures, but shall not include materials defined as clean fill under Section 260.200, RSMo.
- The Director of the Solid Waste Management Program of the City, or his/her authorized representative.
- DISPOSABLE SOLID WASTE CONTAINER
- Disposable plastic or paper sacks with a capacity of twenty (20) to thirty-five (35) gallons specifically designed for storage of solid waste.
- DWELLING UNIT
- Any room or group of rooms located within a structure, and forming a single habitable unit with facilities which are used, or are intended to be used, for living, sleeping, cooking and eating.
- Putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, serving, or consumption of food.
- HAZARDOUS WASTES
- Any waste or combination of wastes, as determined by the commission by rules and regulations, which, because of its quantity, concentration, or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness, or pose a present or potential threat to the health of humans or the environment.
- MULTIPLE HOUSING FACILITY
- A housing facility containing more than one (1) dwelling unit under one (1) roof.
- Any person who, alone or jointly or severally with others, shall be in actual possession of any dwelling unit or of any other improved real property, either as owner or as a tenant.
- Any individual, partnership, corporation, association, institution, city, county, other political subdivision, authority, state agency or institution, or federal agency or institution.
- Incinerating, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.
- Solid waste.
- SOLID WASTE
- Garbage, refuse and other discarded materials including, but not limited to, solid and semi-solid waste materials resulting from industrial, commercial, agricultural, governmental and domestic activities, but does not include hazardous waste as defined in Sections 260.360 to 260.432, RSMo., recovered materials, overburden, rock, tailings, matte, slag or other waste material resulting from mining, milling or smelting.
- SOLID WASTE CONTAINER
- Receptacle used by any person to store solid waste during the interval between solid waste collections.
- SOLID WASTE DISPOSAL
- The process of discarding or getting rid of unwanted material. In particular the final disposition of solid waste by man.
- SOLID WASTE MANAGEMENT SYSTEM
- The entire process of managing solid waste in a manner which minimizes the generation and subsequent disposal of solid waste, including waste reduction, source separation, collection, storage, transportation, recycling, resource recovery, volume minimization, processing, market development, and disposal of solid wastes.
- Keeping, maintaining or storing solid waste from the time of its production until the time of its collection.
- The transporting of solid waste from the place of collection or processing to a solid waste processing facility or solid waste disposal area.
- YARD WASTES
- Leaves, grass clippings, yard and garden vegetation and Christmas trees. The term does not include stumps, roots or shrubs with intact root balls.
[R.O. 2012 §220.020; Ord. No. 327 §2, 10-16-1978]
The occupant of every dwelling unit and of every institutional, commercial or business, industrial or agricultural establishment, producing solid waste within the corporate limits of the City, shall provide sufficient and adequate containers for the storage of all solid waste except bulky rubbish and demolition and construction waste to serve each such dwelling unit and/or establishment; and to maintain such solid waste containers at all times in good repair.
The occupant of every dwelling unit and of every institutional, commercial, industrial, agricultural or business establishment shall place all solid waste to be collected in proper solid waste containers, except as otherwise provided herein, and shall maintain such solid waste containers and the area surrounding them in a clean, neat and sanitary condition at all times.
Residential solid waste shall be stored in containers of not more than thirty-five (35) gallons. Containers shall be leak-proof, water-proof, and fitted with a tight lid and shall be properly covered at all times except when depositing waste therein or removing the contents thereof. Disposable solid waste containers with suitable frames or containers as approved by the City may also be used for storage of residential solid waste.
Commercial solid waste shall be stored in solid waste containers as approved by the City. The containers shall be water-proof, leak-proof and shall be covered at all times except when depositing waste therein or removing the contents thereof.
Yard wastes shall be stored in containers so constructed and maintained as to prevent the dispersal of wastes placed therein upon the premises served, upon adjacent premises, or upon adjacent public rights-of-way. The weight of any individual container and contents shall not exceed seventy-five (75) pounds.
Solid waste containers which are not approved will be collected together with their contents and disposed of.
[R.O. 2012 §220.030; Ord. No. 327 §3, 10-16-1978]
All residential and commercial solid waste shall be collected at least once weekly and disposed in accordance with Section 220.040 and every occupant within the City shall be responsible for said collection by any one of the following means:
By individual arrangement and contract with any person having a City permit and engaged in the business of collecting, transporting and disposing of solid waste;
By themselves collecting, transporting and disposing of solid waste, provided said solid waste resulted from his/her own residential activity.
Residential solid waste containers shall be stored upon the residential premises. Commercial solid waste containers shall be stored upon private property, unless the owner shall have been granted written permission from the City to use public property for such purposes. The storage site shall be well-drained; fully accessible to collection equipment, public health personnel and fire inspection personnel.
All collection vehicles of persons engaged in the business of collecting, transporting and disposing of solid waste, shall be maintained in a safe, clean and sanitary condition, and shall be so constructed, maintained and operated as to prevent spillage of solid waste therefrom. All vehicles to be used for collection of solid waste shall be constructed with water-tight bodies and with covers which shall be an integral part of the vehicle or shall be a separate cover of suitable material with fasteners designed to secure all sides of the cover to the vehicle and shall be secured whenever the vehicle is transporting solid waste, or, as an alternate, the entire bodies thereof shall be enclosed, with only loading hoppers exposed. No solid waste shall be transported in the loading hoppers.
Permits shall not be required for the removal, hauling or disposal of earth and rock material from grading or excavation activities, however, all such material shall be conveyed in tight vehicles, trucks or receptacles, so constructed and maintained that none of the material being transported shall spill upon the public rights-of-way.
Yard waste shall be disposed of in accordance with this Chapter.
[R.O. 2012 §220.040; Ord. No. 327 §4, 10-16-1978]
Solid wastes shall be disposed of at a processing facility or disposal area approved by the City and complying with all requirements of the Missouri Division of Health.
The City may classify certain wastes as hazardous wastes which will require special handling and shall be disposed of only in a manner acceptable to the City and which will meet all local, State and Federal regulations.
[R.O. 2012 §220.050; Ord. No. 327 §5, 10-16-1978]
No person shall engage in the business of collecting, transporting, processing or disposing of solid waste within the corporate limits of the City, without first obtaining an annual permit therefor from the City; provided, however, that this provision shall not be deemed to apply to employees of the holder of any such permit.
No such permit shall be issued until and unless the applicant therefor, in addition to all other requirements set forth, shall file and maintain with the City evidence of a satisfactory public liability insurance policy, covering all operations of such applicant pertaining to such business and all vehicles to be operated in the conduct thereof, in the amount of not less than one hundred thousand dollars ($100,000.00) for each person injured or killed, and in the amount of not less than three hundred thousand dollars ($300,000.00) in the event of injury or death of two (2) or more persons in any single accident, and in the amount of not less than fifty thousand dollars ($50,000.00) for damage to property. Should any such policy be canceled, the City shall be notified of such cancellation by the insurance carrier in writing not less than ten (10) days prior to the effective date of such cancellation, and provisions to that effect shall be incorporated in such policy, which shall also place upon the company writing such policy the duty to give such notice.
Each applicant for any such permit shall state in his/her application therefor:
The nature of the permit desired, as to collect, transport, process, or dispose of solid waste or any combination thereof;
The characteristics of solid waste to be collected, transported, processed, or disposed;
The number and type of solid waste vehicles to be operated thereunder;
The precise location or locations of solid waste processing or disposal facilities to be used;
Evidence that said facility is approved by the State of Missouri and will be used;
Rate schedules and services available; and
Such other information as required by the City.
If the application shows that the applicant will collect, transport, process or dispose of solid wastes without hazard to the public health or damage to the environment and in conformity with the laws of the State of Missouri and this Chapter, the City may issue the permit authorized by this Chapter. The permit shall be issued for a period of one (1) year, and each applicant shall pay therefor a fee of twenty-five dollars ($25.00). If in the opinion of the City, modifications can be made to the application regarding service, equipment, mode of operation, so as to bring the application within the intent of this Chapter; the City shall notify the applicant in writing setting forth the modification to be made and the time in which it shall be done.
If the applicant does not make the modifications pursuant to the notice in Subsection (D) herein, within the time limit specified therein, or if the application does not clearly show that the collection, transportation, processing or disposal of solid wastes will create no public health hazard or be without harmful effects on the environment, the application shall be denied and the applicant notified by the City, in writing, stating the reason for such denial. Nothing in this Section shall prejudice the right of the applicant to reapply after the rejection of his/her application provided that all aspects of the re-application comply with all provisions of this Chapter.
The annual permit may be renewed simply upon payment of the fee or fees as designated herein if the business has not been modified, except for rate schedule and service changes. Changes of rate schedule and services shall be filed with the City thirty (30) days before effective date of change. If modifications have been made, the applicant shall reapply for a permit as set forth in Subsections (B) and (C) herein. No permits authorized by this Chapter shall be transferrable from person to person.
In order to insure compliance with the laws of this State, this Chapter and the rules and regulations authorized herein, the City is authorized to inspect all phases of solid waste management within the City. No inspection shall be made in any residential unit unless authorized by the occupant or by due process of law. In all instances where such inspections reveal violation of this Chapter, the rules and regulations authorized herein for the storage, collection, transportation, processing or disposal of solid waste or the law of the State of Missouri, the City shall issue notice for each such violation stating therein the violation or violations found, the time and date and the corrective measures to be taken, together with the time in which such corrections shall be made.
In all cases, when the corrective measures have not been taken within the time specified, the City may suspend or revoke the permit or permits involved in the violation, or take other appropriate action, however, in those cases where an extension of time will permit correction and there is no public health hazard created by the delay, one extension of time not to exceed the original time period may be given.
[R.O. 2012 §220.060; Ord. No. 327 §6, 10-16-1978]
The City may make, amend, revoke and enforce reasonable and necessary rules and regulations, governing, but not limited to:
Preparation, drainage and wrapping of garbage deposited in solid waste containers.
Specifications for solid waste containers, including the type, composition, equipment, size and shape thereof.
Identification of solid waste containers and of the covers thereof, and of equipment thereto appertaining, if any.
Weight limitations on the combined weight of solid waste containers and the contents thereof, and weight and size limitations on bundles of solid waste too large for solid waste containers.
Storage of solid waste in solid waste containers.
Sanitation, maintenance and replacement of solid waste containers.
Schedules of and routes for collection of solid waste.
Collection points of solid waste containers.
Collection and disposal of solid waste.
A copy of any and all rules and regulations made and promulgated under the provisions hereof shall be filed in the Office of the City Clerk of the City.
[R.O. 2012 §220.070; Ord. No. 327 §7, 10-16-1978]
It shall be unlawful for any person to:
Deposit solid waste in any solid waste container other than his/her own, without the written consent of the owner of such container;
Interfere in any manner with solid waste collection equipment, or with solid waste collectors in the lawful performance of their duties as such, whether such equipment or collectors shall be those of the City or of a private collection agency;
Burn solid waste unless an approved incinerator is provided or unless a variance has been obtained from the appropriate air pollution control agency;
Dispose of solid waste at any facility or location which is not approved by the City and the Missouri Division of Health;
Engage in the business of collecting, transporting, processing or disposing of solid waste within the corporate limits of the City without a permit from the City, or operate under an expired permit, or operate after a permit has been suspended or revoked.
[R.O. 2012 §220.080; Ord. No. 327 §8, 10-16-1978]
Any person violating any of the provisions of Sections 220.010—220.070 or any lawful rules or regulations promulgated pursuant thereto, upon conviction, shall be punished by a fine of not less than five dollars ($5.00) nor more than five hundred dollars ($500.00); provided, that each day's violation thereof shall be a separate offense for the purpose hereof.
[R.O. 2012 §220.090; Ord. No. 506 §§I — IV, 2-18-1992]
Definitions. As used in this Section, the following terms shall have these meanings:
- Putrescible animal or vegetable wastes.
- RECYCLABLE MATERIALS
- Newsprint; brown, clear and green glass; aluminum; and rinsed plastic containers.
- SOLID WASTES
- Solid and semi-solid garbage, refuse and other discarded materials, including recyclable materials.
Unlawful Depositing Of Solid Waste In Containers Of Others. No person shall deposit solid waste in any container unless the person either owns or lawfully possesses that container.
Unlawful Removal Of Recyclables From Containers Of Others. No person shall remove recyclable materials that are contained in the recyclable material containers of others, except for the lawful collector thereof.
Penalty. Any person who is convicted of a violation of this Section shall be punished by a fine of not more than five hundred dollars ($500.00) or by incarceration for a term of not longer than ninety (90) days, or by both such fine and incarceration.