[R.O. 2006 §245.010; Ord. No. 501 §1, 7-16-1979; Ord. No. 1905 §1, 11-20-1995]
For the purposes of this Chapter, the following terms shall be deemed to have the meaning indicated below:
- APPROVED INCINERATOR
- An incinerator which complies with all current regulations of the Missouri Air Conservation Commission.
- 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 collection vehicles by solid waste collectors with the equipment available therefore.
- The City of Fenton, Missouri.
- Removal and transportation of solid waste from its place of storage to its place of processing or disposal.
- COMMERCIAL UNIT
- A place where a business is conducted by a person, persons, firm, or corporation in the normal pursuit of gainful profit.
- DEMOLITION AND CONSTRUCTION WASTE
- Waste materials from the construction or destruction of residential, industrial or commercial structures.
- The City Administrator or his/her designee delegated to administer the program.
- DISPOSABLE SOLID WASTE CONTAINER
- Disposable plastic or paper sacks with a capacity of twenty (20) to thirty (30) gallons primarily designated for disposal of grass clippings and yard 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
- Including but not limited to: pathological wastes, explosive wastes, pesticides, pesticide containers, toxic or radioactive materials.
- 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 MANAGEMENT
- 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.
- SOLID WASTE MANAGEMENT PLAN
- Sections 260.220 and 260.325, RSMo., require cities to have an approved Solid Waste Management Plan. The City of Fenton's plan was prepared by the St. Louis-Jefferson Solid Waste Management District and adopted by the City of Fenton, by resolution, on November 20, 1995. This plan is designed to establish policy guidelines for local efforts to help achieve Missouri's forty percent (40%) waste reduction goal.
- Keeping, maintaining or storing solid waste from the time of its production until the time of its collection.
- 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. 2006 §245.020; Ord. No. 501 §2, 7-16-1979; Ord. No. 3174 §1, 3-24-2011]
The occupant of every dwelling unit and of every institution 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 institution commercial, industrial, agricultural or business establishment shall place all solid waste to be collected in proper solid waste container 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 approved or supplied by the City. Containers shall be leakproof, waterproof, and fitted with a fly-tight lid and shall be properly covered at all times except when depositing waste therein or removing the contents thereof. The weight of any additional individual container and contents shall not exceed fifty (50) pounds. Galvanized metal containers, rubber or fiberglass containers, and plastic containers which do not become brittle in cold weather, may be used. Disposable solid waste containers with suitable frames or containers as approved by the Director may also be used for storage of residential solid waste.
Residential solid waste containers shall be stored upon the residential premises behind the front building line. 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.
Tree limbs less than four (4) inches in diameter and brush shall be securely tied in bundles not larger than forty-eight (48) inches long and eighteen (18) inches in diameter and shall be stored behind the front building line. The weight of any individual bundle shall not exceed fifty (50) pounds. All bundles must be tied with twine or similar material however metal or metallic ties shall not be used.
Yard wastes shall be stored behind the front building line in biodegradable bags with a City sticker adhered to them 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 fifty (50) pounds.
Solid waste containers which are not approved will be collected together with their contents and disposed of.
[R.O. 2006 §245.030; Ord. No. 501 §3, 7-16-1979; Ord. No. 3174 §2, 3-24-2011; Ord. No. 3196 §1, 5-26-2011]
The City shall provide for the collection of solid waste as follows:
The City shall provide for the collection of all residential solid waste in the City, provided however, that the City may provide the collection service by contracting with a person, County, or other City or a combination thereof, for the entire City or portions thereof as deemed to be in the best interests of the City.
All solid waste collected shall, upon being loaded into collection equipment, become the property of the collection agency.
Tree limbs and yard wastes, as described in Subsections (E) and (F) of Section 225.020 respectively, shall be placed at the curb for collection. Solid waste containers as required by this Chapter for the storage of other residential solid waste shall be placed at the curb for collection. No solid waste containers, tree limbs, yard wastes, or other solid wastes shall be placed on the street or in the gutter or drainage ditch. Any solid waste containers, tree limbs, yard wastes or other solid waste permitted by this Chapter to be placed at the curb for collection shall not be so placed until the regularly scheduled collection day.
Bulky rubbish shall be picked up by the contractor upon request by the owner. Charges for same to be as mutually agreed to by the owner and the collector. The City shall provide pickup of bulky rubbish twice yearly, the first week of May and the first week of October.
Solid waste collectors, employed by the City or a solid waste collection agency operating under contract with the City, are hereby authorized to enter upon private property for the purpose of collecting solid waste therefrom as required by this Chapter. Solid waste collectors shall not enter dwelling units or other residential buildings for the purpose of collecting residential solid waste.
The following collection frequencies shall apply to collections of solid waste within the City.
All residential solid waste, other than bulky rubbish, shall be collected at least once weekly. At least sixty-four (64) hours shall intervene between collections. All commercial solid waste shall be collected once weekly, and shall be collected at such lesser intervals as may be fixed by the Director upon a determination that such lesser intervals are necessary for the preservation of the health and/or safety of the public.
All collection vehicles 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.
Transportation and disposal of demolition and construction wastes shall be in accordance with Sections 225.040 and other provisions of this Chapter.
[R.O. 2006 §245.040; Ord. No. 501 §4, 7-16-1979]
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 Director may classify certain wastes as hazardous wastes which will require special handling and shall be disposed of only in a manner acceptable to the Director and which will meet all local, State and Federal regulations.
[R.O. 2006 §225.130; Ord. No. 2298 §1, 3-20-2000; Ord. No. 2463 §3, 4-15-2002]
No person, firm, association or corporation shall bring and deposit, on private or public property, any garbage, trash, refuse, appliances or any other waste matter into the City of Fenton for the purpose of avoiding the normal cost of disposing of the materials.
Residents of the City of Fenton shall not knowingly allow any person, firm, association or corporation to deposit any garbage, trash, refuse, appliances or any other waste matter onto their property during biannual bulk waste pickup periods for the purpose of allowing another person to avoid the normal cost of disposing of the materials.
No person shall scavenge, rummage or scour residential neighborhoods in the City of Fenton, during biannual bulk waste pickup periods for the purposes of locating or removing items placed at the curb for pickup.
[R.O. 2006 §245.050; Ord. No. 501 §5, 7-16-1979; Ord. No. 1905 §2, 11-20-1995]
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.
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 Director 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 as follows: Worker's Compensation/Coverage A — Statutory, Employer's Liability/Coverage B — $500,000.00; Commercial General Liability including contractual liability, bodily injury and property damage — $2,000,000.00 each claim, $2,000,000.00 in aggregate; Comprehensive Automobile Liability including bodily injury and property damage — $2,000,000.00 each occurrence, $2,000,000.00 in aggregate; and General Commercial Property Insurance — $2,000,000.00 each occurrence, $2,000,000.00 in aggregate. Should any such policy be canceled, the Director shall be notified of such cancellation by the insurance carrier in writing not less than thirty (30) 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.
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 Director shall issue the permit authorized by this Chapter. The permit shall be issued for a period of one (1) year, and each applicant shall pay therefore a fee of ten dollars ($10.00) for each solid waste processing or disposal facility to be operated and a fee of ten dollars ($10.00) for each collection vehicle to be used. If, in the opinion of the Director, modifications can be made to the application regarding service, equipment, or mode of operation, so as to bring the application within the intent of this Chapter, the Director 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 (C) 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 Director, 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 reapplication comply with the 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. If modifications have been made, the applicant shall reapply for a permit as set forth in Subsections (B) and (C) hereof. No permit authorized by this Chapter shall be transferable 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 Director is authorized to inspect all phases of solid waste management within the City of Fenton. 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 laws of the State of Missouri, the Director shall issue notice for each such violation stating therein the violation or violations found, the time and date and the corrective measure 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 Director shall suspend or revoke the permit or permits involved in the 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 not to exceed the original time period may be given.
Any person who feels aggrieved by any notice of violation or order issued pursuant thereto of the Director may, within ten (10) days of the act for which redress is sought appeal directly to the Court of Fenton in writing, setting forth in a concise statement the act being appealed and the grounds for its reversal.
[R.O. 2006 §245.060; Ord. No. 501 §6, 7-16-1979]
The Director shall 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.
Processing facilities and fees for the use thereof.
Disposal facilities and fees for the use thereof.
Records of quantity and type of wastes received at processing and/or disposal facilities.
Handling of special wastes such as toxic wastes, sludge, ashes, agriculture, construction, bulky items, tires, automobiles, oils, greases, etc.
Haulers vehicle weights; utilizing private driveways to turn around; keeping vehicles on pavement or road surfaces.
The Director or such other City Official who is responsible for preparing utility and other service charge billings for the City, is hereby authorized to make and promulgate reasonable and necessary rules and regulations for the billing and collection of solid waste collection and/or disposal service charges, as hereinafter provided for.
A copy of 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 of Fenton.
[R.O. 2006 §245.070; Ord. No. 501 §7, 7-16-1979; Ord. No. 1408 §1, 8-20-1990; Ord. No. 2967 §1, 5-19-2008; Ord. No. 3196 §2, 5-26-2011]
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 and/or, with the intent of avoiding payment of the service charge hereinafter provided for solid waste collection and disposal.
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 those of a solid waste collection agency operating under contract with the City.
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 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.
Place a dead animal in a waste container for the purpose of disposal.
Take any materials, to include but not be limited to newsprint, cardboard, aluminum cans, glass bottles, and plastic milk and soda bottles set out for curbside recycling collection other than the collector authorized by the City.
Contaminate any materials, to include but not be limited to newsprint, cardboard, aluminum cans, glass bottles, and plastic milk and soda bottles set out for curbside recycling collection or to set out contaminated materials for curbside recycling collection.
Operation of vehicles collecting solid waste in the City of Fenton shall be governed by the following:
Collection or disposing of rubbish, garbage or waste material for any person, firm or corporation from the premises in any residential district, or commercial district which abuts or adjoins a residential district in the City, is prohibited between the hours of 9:00 P.M. and 7:00 A.M. of the following day.
Except as otherwise referenced in this Section, collection or disposing of rubbish, garbage or waste material for any person, firm or corporation from any premises south of South Highway Drive is prohibited between the hours of 9:00 P.M. and 6:00 A.M. of the following day unless authorized by the City Administrator for emergency purposes.