[Ord. No. 01-061 §§1—8, 5-30-2001; Ord. No. 15-034 §2, 3-30-2015]
Except as provided in this Section, no person shall engage in
the business of collecting solid waste in the unincorporated areas
of St. Charles County and transporting that solid waste on any highway,
road or street without first obtaining an annual solid waste collection
and transportation permit from the County. This Section shall not
apply to employees of the holder of any such permit, or to political
subdivisions engaged in the business of collecting or transporting
solid waste within St. Charles County, or to persons engaged in the
removal, hauling or disposal of earth and rock material from grading
or excavation activities, or to vehicles that transport no solid waste
except asbestos, asbestos-containing material, suspect asbestos-containing
material, white goods and/or scrap metal.
[Ord. No. 01-061 §§1—8, 5-30-2001]
No permit authorized by this Article shall be transferable from
person to person or company to company.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A.
Each
application for an annual solid waste collection and transportation
permit shall be on a form provided by the Division Director and shall
state:
1.
The applicant's name, address, and telephone number;
2.
The name under which the applicant will conduct the business of collecting
and transporting solid waste under the permit applied for;
3.
The motor vehicle license number and fleet vehicle number assigned
by the applicant to each vehicle or used by the applicant under the
permit applied for;
[Ord. No. 15-034 §3, 3-30-2015]
4.
The name, address, and telephone number of the owner of each vehicle
or mobile/roll-off waste container to be used by the applicant under
the permit applied for (if not the same as the applicant);
5.
The type or types of solid waste to be collected and transported
under the permit for which applied;
6.
The precise location or locations of the solid waste disposal areas,
processing facilities or transfer stations to which the applicant
shall haul waste under the permit for which applied;
7.
Subject to Subsection 240.430(3), a materials separation plan, on
a form supplied by the Division Director, providing for the separate
weekly collection from single- and multi-family residential premises
and for the recycling of recyclables, and including specifications
for recycling containers to be approved by the Division Director,
provisions assigning responsibility for providing them, and the costs
of implementing the plan;
8.
Specifications for general solid waste containers, and provisions
assigning responsibility for providing them;
9.
A plan for the collection from residential premises at least once
every six (6) months of bulky waste, including white goods;
10.
An agreement to comply with the provisions and requirements of this
Article; and
11.
Such other information as may be required by the Division Director.
[Ord. No. 01-061 §§1—8, 5-30-2001; Ord. No. 02-114 §1, 7-31-2002; Ord. No. 03-024 §1, 2-26-2003]
A.
A person
may apply at any time for an initial annual solid waste collection
and transportation permit which shall be effective from the date on
which the Division Director issues it and which shall expire at the
end of the immediately following December thirty-first (31st). All
applications to renew such permits shall be made by December fifteenth
(15th) of each year. All renewed permits shall be effective from January
first (1st) through December thirty-first (31st) of the following
year.
B.
Each applicant shall pay fees as authorized herein at the time of
making application for an annual solid waste collection and transportation
permit.
[Ord. No. 15-034 §4, 3-30-2015]
1.
The County of St. Charles shall charge and collect a solid waste
hauler permit fee of up to two hundred fifty dollars ($250.00) for
a one-year permit from any solid waste hauler doing business in the
unincorporated areas of St. Charles County. Fees for permits issued
to new permittees at any time after January 1 shall be prorated.
[1]
Editor's Note—Permit application fees and license fees authorized by Sections 240.415, 240.610, 240.840, 240.1406 and 240.1454 of this Chapter 240 shall be effective upon approval of those fees by the qualified voters of St. Charles County. Until such approval, previously adopted fees remain in force, pursuant to St. Charles County Ordinance No. 01-061 §2, which provides in pertinent part: "Permit application fees presently authorized by Section 240.060 of the Ordinances of St. Charles County, Missouri, shall remain in force and shall apply to applications for permits and licenses to be issued pursuant to the new Solid Waste Management Code..., until such time as new permit application fees or license fees are approved by the qualified voters of St. Charles County..." See Section 240.2010 for the text of former Section 240.060.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A.
No
annual solid waste collection and transportation permit shall be issued
unless:
1.
The applicant's application is complete;
2.
The applicant has paid all authorized fees;
3.
The Division Director determines that the applicant's materials separation
plan for collecting and recycling recyclables conforms to the requirements
of this Article; and
4.
The applicant provides for the collection from residential premises
of bulky waste, including white goods, at least once every six (6)
months.
[Ord. No. 01-061 §§1—8, 5-30-2001]
As a condition of holding a permit issued pursuant to this Article, each permittee shall offer collection services to all residential and non-residential premises within the area or areas for which a permittee is authorized to collect and transport solid waste. Further, if St. Charles County determines that residential or non-residential premises of the unincorporated part of the County lack collection services in violation of Article III of this Chapter, the Division Director shall send the person responsible for those premises as defined by Section 240.301 written notice of that violation and send copies of that notice to the permittee or permittees serving the area within which those premises are located. That notice shall give the names, business addresses and telephones of the permittee or permittees serving the area and order the person responsible for those premises to contract with a permittee for collection services within thirty (30) days of the mailing of the notice. It shall be the permittee's duty to provide collection services if the person responsible for those premises requests them and send the Division Director written certification that the person responsible has contracted or has failed to contract for collection services as required by the notice.
[Ord. No. 01-061 §§1—8, 5-30-2001; Ord. No. 01-162 §1, 11-28-2001; Ord. No. 02-079 §1, 5-29-2002]
A.
As
a condition of holding a permit issued pursuant to this Article, each
permittee shall:
1.
Collect and dispose of all solid waste at an approved facility at
least once a week and make available for an additional fee twice-a-week
collection and disposal.
2.
Make available for an additional fee collection of yard waste once
a week between April first (1st) and November thirtieth (30th) of
every year and deliver all such materials to an approved transfer
station or composting facility.
3.
Collect separated recyclables upon request by the customer at least
once a week and deliver all such materials to approved material processing
facilities and/or end-users as appropriate.
4.
Provide the above services with authorization to bill all residential
customers at prevailing fair market rates covering all operating costs.
5.
Apply to the Division Director for approval of any amendments to
the permittee's materials separation plan, which shall not be given
unless the Division Director determines that the permittee's amended
materials separation plan conforms to the requirements of this Article.
6.
Report any changes in the information provided on the permittee's
application within thirty (30) days of those changes.
[1]
Editor's Note—The duty to make available the collection
of separated recyclables imposed by Section 240.430.3 of this Chapter
shall be effective on June 1, 2002.
[1]
Editor's Note—Ord. no. 02-079 §2, adopted May 29,
2002, repealed section 240.432, "Director to determine compulsory
curbside recycling areas for residential waste hauling", in its entirety.
Former section 240.432 derived from ord. no. 01-162 §2, 11-28-2001
and ord. no. 02-045 §1, 5-1-2002. We have left this section reserved
for future use by the county.
[Ord. No. 01-061 §§1—8, 5-30-2001]
As a condition of holding a permit issued pursuant to this Article,
each permittee shall provide to all persons contracting for the collection
of solid waste from residential premises at least one (1) collection
of bulky waste, including white goods, every six (6) months. The permittee
shall give such persons reasonable notice of the time of any such
collection of bulky waste.
[Ord. No. 01-061 §§1—8, 5-30-2001; Ord. No. 15-034 §5, 3-30-2015]
As a condition of holding a permit issued pursuant to this Article,
each permittee shall ensure that all waste transportation vehicles
used under any permit required by this Article shall display in a
prominent and visible location the label provided by the Division
Director on each vehicle indicating that it is licensed.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A.
As
a condition of holding a permit issued pursuant to this Article, each
permittee shall maintain the waste transportation vehicles and mobile/roll-off
waste containers that it operated under its permit as provided herein.
1.
All waste transportation vehicles and mobile/roll-off waste containers
shall be maintained in a clean and sanitary condition and shall be
constructed, maintained and operated to prevent spilling, blowing
or leaking of solid waste or liquid therefrom.
2.
All waste transportation vehicles that incorporate compactor bodies
for trash storage during transportation shall be constructed with
bodies that have seals located on the hopper assembly or any part
of the compactor body which will create a watertight enclosure to
prevent spillage or leakage of solid waste or liquid therefrom, and
only the loading hopper may be exposed.
3.
All mobile/roll-off waste containers that are not fully enclosed
shall have fasteners designed to secure a suitable cover material
to all sides of the container while in transport to prevent spillage
or leakage of solid waste or liquid therefrom.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A.
As
a condition of holding a permit issued pursuant to this Article, each
permittee shall permit the Division Director to inspect each of the
waste transportation vehicles and mobile/roll-off waste containers
used under the permit, at any time selected by the Division Director
and upon reasonable notice to the permittee, to ensure compliance
with the provisions of this Article.
B.
Except as provided in Subsection (C), the Division Director shall inspect all waste transportation vehicles used by each holder of an annual solid waste collection and transportation permit to ensure compliance with this Article.
[Ord. No. 15-034 §6, 3-30-2015
C.
The Division Director may waive inspection of any waste transportation
vehicle if:
[Ord. No. 15-034 §6, 3-30-2015]
1.
Its owner is a municipality, governmental entity, department
of a governmental entity, or non-profit organization which has a quality
control and inspection program that ensures compliance with the standards
imposed by this Article.
2.
A sufficient sample size of not less than ten percent (10%)
of the vehicles, from each hauler doing business in St. Charles County,
have passed inspection to ensure fleet compliance within the last
two (2) years.
D.
If,
upon inspection pursuant to this Section, the Division Director finds
any violation of this Chapter or of the regulations adopted pursuant
to it, the Division Director shall issue notice to the holder of the
annual solid waste collection and transportation permit who is responsible
for each such violation stating the violation or violations found,
the corrective action needed to correct the violation or violations
found, and the time and date by which such corrective action must
be taken.
E.
In all cases, if a holder of an annual solid waste transportation and collection permit fails to take the corrective action ordered by the Division Director pursuant to Subsection (D) within the time specified, the Division Director may suspend operation of the permitted waste transportation vehicle or mobile/roll-off waste container that is in violation; however, in those cases where an extension of time will permit correction and there is no public health hazard created by the delay, one (1) extension of time may be given.
[Ord. No. 15-034 §3, 3-30-2015]
F.
Any
person aggrieved by any notice of violation or order issued pursuant
thereto of the Division Director may, within thirty (30) days of the
act for which redress is sought, appeal directly to the Director in
writing, setting forth in a concise statement the act being appealed
and the grounds for its reversal.
[1]
Editor's Note: Former Section 240.455, Duties of Permittee
–– Semi-Annual Reports to County, derived from §§1
–– 8 of Ord. No. 01-061, adopted 5-30-2001, was repealed
3-30-2015 by §7 of Ord. No. 15-034.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A.
No
person shall engage in the business of hauling waste without maintaining
public liability insurance governing all operations of the insured
pertaining to the business of hauling waste and all vehicles to be
operated in the conduct thereof. The insurance shall be with an insurer
acceptable to the Division Director and shall include coverage in
one (1) policy or multiple policies for any contractors or subcontractors
engaged by the insured for such business. Evidence of such insurance
shall be filed with the Division Director. The minimum limits of insurance
for public liability and auto liability shall be five hundred thousand
dollars ($500,000.00) for bodily injury to each person; one million
dollars ($1,000,000.00) for total bodily injury for each occurrence;
and one million dollars ($1,000,000.00) for property damage for each
occurrence. Municipalities engaged in the business of waste hauling
are exempted from procuring the minimum limits of insurance required
by this Section.
B.
No
person shall engage in the business of hauling waste without maintaining
insurance coverage with Workers' Compensation coverage, with minimum
limits as set by law. Should any policy be canceled, the Division
Director 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.
[Ord. No. 01-061 §§1—8, 5-30-2001; Ord. No. 15-034 §8, 3-30-2015]
No person shall engage in the business of collecting sewage
or sludge and transporting that waste on any highway, road or street
without first obtaining an annual sewage collection and transportation
permit from the County.
[Ord. No. 15-034 §9, 3-30-2015]
A.
Each application for an annual sewage or sludge collection and transportation
permit shall be on a form provided by the Division Director and shall
state:
1.
The applicant's name, address, and telephone number;
2.
The name under which the applicant will conduct the business
of collecting and transporting sewage or sludge under the permit applied
for;
3.
The motor vehicle license number and fleet vehicle number assigned
by the applicant to each vehicle used by the applicant under the permit
applied for;
4.
The name, address, and telephone number of the owner of each
vehicle to be used by the applicant under the permit applied for (if
not the same as the applicant);
5.
The type of waste collected and transported under the permit
for which applied;
6.
The precise location(s) of the processing facilities to which
the applicant shall haul the waste under the permit for which applied;
7.
An agreement to comply with the provisions and requirements
of this Article; and
8.
Such other information as may be required by the Division Director.
[Ord. No. 15-034 §10, 3-30-2015]
A.
A person may apply at any time for an initial annual sewage collection
and transportation permit which shall be effective from the date on
which the Division Director issues it and which shall expire at the
end of the immediately following December 31. All applications to
renew such permits shall be made by December 15 of each year. All
renewed permits shall be effective from January 1 through December
31 of the following year.
B.
Each applicant shall pay fees as authorized herein at the time of
making application for an annual sewage or sludge collection and transportation
permit.
1.
The County of St. Charles shall charge and collect a fee of
up to two hundred fifty dollars ($250.00) for a one-year permit from
any sewage or sludge hauler doing business, or hauling, in St. Charles
County. Fees for permits issued to new permittees at any time after
January 1 shall be prorated.
[Ord. No. 15-034 §11, 3-30-2015]
As a condition of holding a permit issued pursuant to this Article,
each permittee shall ensure that all waste transportation vehicles
used under any permit required by the Article shall display in a prominent
and visible location the label provided by the Division Director on
each vehicle indicating that it is licensed.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A.
The
Division Director shall classify certain wastes as hazardous wastes
pursuant to applicable regulations of guidelines set up by the Missouri
Department of Natural Resources and the U.S. Environmental Protection
Agency. These wastes will require special handling and shall be reused,
recycled, transported and disposed of in a manner which will meet
all State and Federal regulations.
B.
No
person shall haul infectious, hazardous or special waste in a waste
transportation vehicle or mobile/roll-off waste container used for
or containing waste which is not infectious, hazardous or special
waste, as the case may be, or which is not a waste hauling vehicle
or mobile/roll-off waste container which can safely transport waste
of such kind. No person shall collect or transport waste which has
been clearly identified as infectious, hazardous or special waste,
or which such person has reason to know is in fact infectious, hazardous
or special waste, unless such person has the capability legally and
safely to transport and dispose of the waste at an appropriate waste
treatment facility.
[Ord. No. 01-061 §§1—8, 5-30-2001]
The Division Director is authorized to make such regulations
as will implement the purposes of this Article. Such regulations shall
only be promulgated following notice to the public of the public hearing
to be held and the subject matter of the proposed regulation. The
Division Director shall hold such a public hearing. Upon issuance
of such regulation, the text of such regulation shall be filed with
the County Registrar. Failure to comply with provisions of such regulation
shall be a violation of this Chapter and subject to the penalty provisions
of this Chapter.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A.
The Division Director may revoke a permit issued pursuant to this Article if the Division Director has suspended operation of any vehicle or container operated under the permit more than six (6) times within twelve (12) months, or if the permittee violates the provisions of Sections 240.415 or 240.460, and fails to cure those violations within thirty (30) days of receipt of a written notice of violation issued by the Division Director and served by certified mail upon the permittee.
B.
Any
person aggrieved by any notice of violation or order issued pursuant
thereto of the Division Director may, within thirty (30) days of the
act for which redress is sought, appeal directly to the Director in
writing, setting forth in a concise statement the act being appealed
and the grounds for its reversal.
