For the purposes of this Chapter, the following terms shall
be deemed to have the meanings indicated below:
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 Twin Oaks, Missouri.
Removal of solid waste from its place of storage to the transportation
vehicle.
All solid waste generated from a source other than a dwelling
unit.
Such person, firm or corporation as may be contracted with
to provide solid waste transportation and disposal for the City.
A location adjacent to and not more than five (5) feet from
any street.
Disposable plastic or paper sacks with a capacity of twenty
(20) gallons to thirty-nine (39) gallons or, if specifically designated
for storage of solid waste, a maximum of fifty-five (55) gallons.
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.
Units of multiple-housing facilities may be billed as dwelling units
upon request by the owner of said dwelling units.
Putrescible animal or vegetable wastes resulting from the
handling, preparation, cooking, serving or consumption of food.
Any waste or combination of wastes, as determined by the
Hazardous Waste Management 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.
Clothes washers and dryers, water heaters, trash compactors,
dishwashers, conventional ovens, ranges, stoves, wood stoves, air-conditioners,
refrigerators and freezers.
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, limited liability company, corporation,
association, trust, institution, city, county, other political subdivision,
authority, State agency or institution, or federal agency or institution,
or any other legal entity. As applied to partnerships or associations,
the word includes the partners or members thereof; and as applied
to corporations, it includes the officers, agents or employees thereof
who are responsible for the act referred to.
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
Items which are eliminated by State law from being disposed
of in a solid waste disposal area, including, but not limited to,
major appliances, waste oil, lead acid batteries, waste tires and
the like as the same may be now or hereafter defined by State law.
Solid waste resulting from the maintenance and operation
of dwelling units.
Garbage, refuse and other discarded materials, including,
but not limited to, solid and semisolid 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, post-use polymers,
recovered feedstocks, overburden, rock, tailings, matte, mill scale
and slag or other waste material resulting from mining, milling or
smelting. Solid waste does not include "yard waste" as defined herein.
Receptacle used by any person to store solid waste during
the interval between solid waste collections.
The process of discarding or getting rid of unwanted material.
In particular the final disposition of solid waste by man.
The entire solid waste system of storage, collection, transportation,
processing and disposal.
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.
Leaves, grass clippings, yard and garden vegetation and Christmas
trees. The term does not include stumps, roots or shrubs with intact
root balls.
A.
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.
B.
The occupant of every dwelling unit and of every institutional, commercial,
business, industrial or agricultural establishment shall place all
solid waste to be collected in proper solid waste containers and shall
maintain such solid waste containers and the area surrounding them
in a clean, neat and sanitary condition at all times. Accumulation
of waste in suitable containers shall not be stored upon any site
in the City for a period longer than ten (10) days.
[R.O. 2016 § 225.020(B); R.O. 2011 § 225.020; Ord. No. 99-1 § 2, 1-6-1999]
C.
Residential
solid waste shall be stored in containers which meet the requirements
of the current, existing contract between the City and its contractor.
All containers, including bags, shall be leakproof and waterproof,
flytight and properly covered, tied or enclosed, except when depositing
waste therein, or removing the contents thereof. Containers other
than bags shall have handles, bails, or other suitable lifting devices
or features. Unless otherwise provided by the waste removal contract,
containers other than bags shall be of a type originally manufactured
for residential solid waste, with tapered sides for easy emptying.
They shall be of lightweight and sturdy construction. The weight of
any individual container, including bags and its contents, shall not
exceed sixty-five (65) pounds, and shall be capable of being lifted
overhead into disposal vehicle. Galvanized metal containers, or rubber,
fiberglass or plastic containers which do not become brittle in cold
weather may be used in addition to bags. Disposable solid waste containers
with suitable frames or containers as approved by the City may also
be used for storage of residential solid waste. Galvanized metal containers,
or rubber, fiberglass or plastic containers with suitable frames or
containers as approved by the City may also be used for storage of
residential solid waste.
[R.O. 2016 § 225.020(C); R.O. 2011 § 225.020; Ord. No. 99-1 § 2, 1-6-1999]
D.
Commercial solid waste shall be stored in solid waste containers as approved by the Board of Aldermen. The containers shall be waterproof, leakproof and shall be covered at all times except when depositing waste therein or removing the contents thereof; and shall meet all requirements as set forth by Section 225.070.
E.
Solid waste containers which are not approved will be collected together
with their contents and disposed of.
A.
The City shall provide for the collection of solid waste as follows:
1.
Collection Of Residential Solid Waste. The City shall provide
for the collection of 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.
2.
Other Collections. The City may, at its discretion, provide
commercial solid waste collection services upon specific application
of the owners or persons in charge thereof. However, in the event
that such application is not made or approved, it shall be the duty
of such establishment to provide for collection of all solid waste
produced upon any such premises in a manner approved by City. If and
when the City does provide commercial collection service, the provisions
herein concerning such service shall apply.
B.
All solid waste from premises to which collection services are provided
under contract with the City shall become the property of the collection
agency upon being loaded into the transportation equipment.
C.
Solid waste containers as required by this Chapter for the storage
of residential solid waste shall be placed at curbside for collection
but shall not be so placed until after 6:00 P.M. on the day next preceding
the regularly scheduled collection day. Containers shall be removed
from curbside no later than 8:00 P.M. on the day of collection.
D.
Individuals desiring the collection of bulky rubbish shall deal directly
with those licensed by the City for the collection of the same.
E.
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.
F.
It shall be the responsibility of the occupants of each dwelling
unit to prepare, package and deliver solid waste to curbside for collection
as prescribed in this Chapter and as it may be amended from time to
time or as the contract between the City and the solid waste hauler
shall provide.
[R.O. 2016 § 225.030(F); R.O. 2011 § 225.030; Ord. No. 99-1 § 3, 1-6-1999; Ord. No. 99-11 § 1, 2-3-1999; Ord. No. 2000-17 § 2, 9-6-2000; Ord. No. 372, 9-19-2012]
G.
It shall be the responsibility of each commercial, industrial, institutional
or other non-residential generator of solid waste to prepare, package
and store solid waste so generated as prescribed by this Chapter and
as it may be amended from time to time.
H.
It shall be the responsibility of every solid waste collector to
abide by this Chapter and receive and transport solid waste in a manner
consistent with the provisions of this Chapter.
I.
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. All commercial
solid waste shall be collected once weekly and shall be collected
at such lesser intervals as may be fixed by the Board of Aldermen
upon a determination that such lesser intervals are necessary for
the preservation of the health and/or safety of the public.
J.
Residential solid waste containers shall be stored upon the residential premises. Except as provided in Subsection (C) hereof, all residential solid waste containers stored out-of-doors shall be stored behind the front elevation line (as that term is defined in Section 400.080). Commercial solid waste containers shall remain in the location from which they are to be serviced except while being serviced.
[Ord. No. 21-13, 7-21-2021]
K.
All solid waste collectors operating under contract with the City
or otherwise collecting solid waste within the City limits shall be
responsible for the collected solid waste from the point of collection
to the point of disposal, provided the solid waste was stored in compliance
with the applicable Sections of this Chapter. Any spillage or blowing
litter caused as a result of the duties of the solid waste collector
shall be collected and placed in the transportation vehicle by the
solid waste collector.
L.
It shall be unlawful for any person, firm or corporation collecting
and disposing of rubbish, garbage or waste material from premises
in the residential districts or premises in any commercial district
which abuts or adjoins a residential district in the City to make
such collection or dispose of rubbish, garbage or waste materials
between the hours of 8:00 P.M. and 8:00 A.M. within the City limits.
A.
All transportation 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 transportation of solid waste shall be constructed
with watertight 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 alternative, the entire bodies thereof shall be enclosed
with only loading hoppers exposed. Provided, however, other vehicles
may be used to transport bulky rubbish which because of its size or
weight is not susceptible to being loaded or unloaded in vehicles
described above, but in no event shall such vehicles be operated without
adequate cover or binding to prevent spillage or waste therefrom and
in accordance with the rules and regulations made by the Board of
Aldermen.
B.
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.
A.
Solid wastes shall be deposited at a processing facility or disposal
area approved by the City and complying with all requirements of the
Missouri Solid Waste Management Law, Sections 260.200 to 260.255,
RSMo., and the rules and regulations adopted thereunder. The City
may designate the processing or disposal facility to be utilized by
persons holding permits under this Chapter.
B.
The Board of Aldermen may classify certain wastes as hazardous wastes
which will require special handling and shall be disposed of only
in a manner acceptable to the Board of Aldermen which will meet all
local, State and Federal regulations.
A.
The Board of Aldermen may make, amend, revoke and enforce reasonable
and necessary rules and regulations governing, but not limited to:
1.
Preparation, drainage and wrapping of garbage deposited in solid
waste containers.
2.
Specifications for solid waste containers, including the type,
composition, equipment, size and shape thereof.
3.
Identification of solid waste containers, and of the covers
thereof, and of equipment thereto appertaining, if any.
4.
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.
5.
Storage of solid waste in solid waste containers.
6.
Sanitation, maintenance and replacement of solid waste containers.
7.
Schedules of and routes for collection and transportation of
solid waste.
8.
Collection points of solid waste containers.
9.
Collection, transportation, processing and disposal of solid
waste.
10.
Processing facilities and fees for the use thereof.
11.
Disposal facilities and fees for the use thereof.
12.
Records of quantity and type of wastes received at processing
and/or disposal facilities.
13.
Handling of special wastes such as toxic wastes, sludge, ashes,
agriculture, construction, bulky items, tires, automobiles, oils,
greases, etc.
B.
The City Clerk or such other City Official who is responsible for
preparing utility or 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, subject to the approval of the Board of Aldermen.
C.
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.
A.
It shall be unlawful for any person to:
1.
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.
2.
Interfere in any manner with solid waste collection and transportation
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, those of a solid waste collection agency operating
under contract with the City, or any duly licensed collector.
3.
Dispose of solid waste at any facility or location which is
not approved by the City and the Missouri Department of Natural Resources
and the Missouri Division of Health.
The Board of Aldermen may require performance or payment bonds
of any solid waste collection agency prior to issuing permits to so
operate.