For the purpose of this Chapter,
the following words and phrases shall have the meanings respectively
ascribed to them by this Section:
A person who is in the business of the collection, removal
and disposal of residential solid waste.
Any waste or combination of wastes, as determined by the
Missouri 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 other living organisms. [See Subsection
260.369(9) of the Missouri Hazardous Waste Management Law.].
Isolation wastes, cultures and stocks of etiologic agents,
blood and blood products, pathological wastes, other wastes from surgery
and autopsy, contaminated laboratory wastes, sharps, dialysis unit
wastes and discarded biological waste known or suspected to be infectious.
In addition, the term "infectious waste" means waste in quantities
and with characteristics as established by rule of the Department
of Natural Resources ("DNR") incorporated herein. The term "infectious
waste" does not include any waste treated in a manner established
by such rule which treatment is designed and declared by DNR to make
waste, which was previously infectious, safe for disposal as special
waste.
Commercial, industrial, agricultural, institutional, educational
and recreational and all other property or use types that are not
defined as residential, including multi-family premises of more than
four (4) units and premises having mixed uses.
A single-family residence or a residence for no more than
four (4) families.
Household items other than major appliances/large household
items.
Waste in a solid or semi-solid state, but does not include
hazardous waste, special waste or infectious waste.
Items which, by their very nature, can cause health problems
or injury to individuals, including, but not limited to, white goods
containing harmful substances such as chlorofluorocarbons (CFCs) (e.g.,
refrigerators, freezers, window air conditioners, etc.), solvents,
insecticides, cleaning agents, heavy metals, prescription drugs, explosives,
incendiaries, motor oils, lead-acid batteries, tires, refrigerants,
infectious waste, and any materials prohibited by the City's ordinances
or any governing Fire Protection District.
Garbage, offal, refuse and other discard materials, including
liquid, gaseous, solid and semi-solid materials and recyclables, resulting
from industrial, commercial, agricultural and residential or domestic
activities or hazardous or special wastes.
Washers and dryers, water heaters, trash compactors, dishwashers,
microwave ovens, conventional ovens, ranges, stoves, wood stoves,
air conditioners, refrigerators, freezers, dehumidifiers and other
appliances.
Grass clippings, vines, leaves, flowers, hedge and shrub
trimmings, garden vegetation, tree limbs no greater than six (6) inches
in diameter and other forms of vegetation.
A.Â
It shall be unlawful for any person to:
1.Â
Deposit any solid waste in any solid
waste container other than his/her own without the consent of the
owner of such container or with the intent of avoiding payment of
the service charge lawfully provided by the waste collector for solid
waste collection and disposal from the premises of such person;
2.Â
Fail to have waste collected as provided
in this Chapter;
3.Â
Interfere in any manner with waste
collection and transportation equipment or with waste collectors authorized
to conduct business in the City, in the lawful performance of their
duties as such, whether such equipment or collectors shall be those
of the City or those of a waste collector operating under license
issued by the City;
4.Â
Burning any waste; except where authorized
by law or regulations;
5.Â
Dispose of any waste other than as
provided in this Chapter at any facility or location which is not
approved by the City and the Missouri Department of Natural Resources,
if applicable;
6.Â
Except as may be exempted herein,
engage in the business of storing, collecting, transporting, processing
or disposing of waste within the corporate limits of the City without
a permit/license from the City or operate under an expired permit/license
or operate after a permit as been suspended or revoked;
7.Â
Dump or deposit or permit dumping
or depositing of any wastes into any river, stream, spring, surface
or ground water, whether natural or artificial, drainage ditch, or
upon any railroad right of way or public street or alley within the
boundaries of the City, including the dumping of yard waste into storm
sewer inlets, on common grounds or other areas not approved for composting;
8.Â
Tamper with any solid waste container
of another or remove any container from its location or remove any
material from a solid waste container, except by permission of the
owner or under the authority of a license for waste hauling issued
by the City;
9.Â
Fail to make payment to the City's
authorized waste collector for residential solid waste service provided;
or
10.Â
Violate any Section or requirement
of this Chapter or any requirement promulgated under the authority
thereof.
The occupant and the owner of any
premises wherein any waste is produced or accumulated shall be jointly
and severally responsible to obtain solid waste collection and removal
service for all waste generated on the premises. The occupant and
the owner of any premises shall ensure that waste subject to this
Section are picked up at least one (1) time a week. No person shall
contract for residential solid waste collection with any collector
other than one approved or licensed by the City nor shall a person
avoid providing for residential solid waste collection for that person's
household by combining his/her residential solid waste with that of
another residential household. Notwithstanding anything to the contrary
herein, a person may dispose of his/her own residential solid waste
by completely recycling his/her residential solid waste. "Complete
recycling" means that the person's household waste is recycled so
as to effectively not produce or accumulate solid waste. To receive
an exemption from this Section as not producing or generating residential
solid waste, the person shall validate on a form provided by the City
that the household is vacant and generates no solid waste or that
such an amount of the person's household waste is recycled by the
person so as to effectively not produce or accumulate solid waste
and to detail and certify that the household solid waste does not
exist or is negligible and properly and lawfully disposed of in conformity
with all applicable laws. Any occupant and/or owner of a residential
property that has had its waste collection service suspended for failure
to pay in violation of this Chapter shall continue, notwithstanding
such suspension, to have a duty to provide for waste collection.
A.Â
The occupant and the owner of any premises
wherein any waste is produced or accumulated shall be jointly and
severally responsible to provide and use solid waste containers as
set forth in this Section. The solid waste containers shall be of
sufficient capacity to hold all solid waste accumulating on the premises
between collections and the containers and premises surrounding the
containers shall be maintained in a neat, clean, sanitary condition
and shall not produce odors so as to constitute a nuisance.
1.Â
Residential. Solid waste from residential
premises shall be deposited and stored in residential solid waste
containers as defined in this Chapter. Such containers shall not be
filled in excess of seventy-five (75) pounds and shall be covered
with a fly-tight lid at all times except when depositing waste therein
or removing waste there from and shall be leakproof. Certain non-putrescible
solid wastes generated on residential premises such as small household
items, homeowner's construction debris from home repair and minor
remodeling not to exceed two (2) trash cans per pickup, but excluding
hazardous waste, special waste (except as defined herein), tires and
car parts may be set out with, but not in, the solid waste container
if the item(s) will not easily fit into the solid waste container;
provided, that the owner of the premises takes care that the items
are kept from blowing, spilling or otherwise being scattered.
2.Â
Non-residential. Solid waste from
all non-residential premises shall be stored in container(s) of sufficient
size to contain all waste between pickups and are spillproof, leakproof
and shall be covered at all times except when depositing waste therein
or removing waste therefrom.
B.Â
It shall be unlawful for any person to
deposit in a container from which solid waste is to be removed by
its authorized waste collector any material other than solid waste.
If any such container contains any material other than solid waste,
neither the City nor its authorized waste collector shall be obligated
to remove the contents of such container.
C.Â
It shall be unlawful and a violation of
this Chapter to deposit, commingle, or conceal in a solid waste container
used or placed for collection of lawful solid waste the following
unlawful items:
A.Â
No person possessing or generating infectious,
hazardous or special waste shall permit such infectious, hazardous
or special waste to be placed in storage containers ordinarily used
for solid waste.
B.Â
No person possessing or generating infectious,
hazardous or special waste shall permit such infectious, hazardous
or special waste to be placed in storage containers that are not clearly
marked "INFECTIOUS WASTE," "HAZARDOUS WASTE" or "SPECIAL WASTE" as
the case may be. Such containers shall be located and secured in a
way to avoid spillage or tampering and in compliance with all applicable
laws and regulations.
A.Â
Residential solid waste containers and
recyclable waste containers shall be stored upon the premises where
the waste was generated unless written permission for storage on other
premises is obtained from a person having authority to grant such
permission. The containers shall be stored behind the front line of
the dwelling. It shall be the duty of the householder or person in
charge of the premises to remove the residential solid waste container(s)
from its location adjacent to the curb as soon as possible after collection,
but in no event later than 6:00 A.M. on the day following the collection
day. If more than one (1) residential solid waste container is necessary
to hold the solid waste accumulating on the premises or if more than
one (1) container shall be placed at the same location for collection,
then all such containers shall be removed.
B.Â
Non-residential solid waste containers:
The location, design, and screening of non-residential solid waste
containers for developments after the adoption of this Section shall
be specified on the development or site plan for the premises or,
if no development or site plan, either screened by a six-foot-high
opaque fence made of masonry or wood or simulated wood product or
placed so as not to be visible from the street. On collection days,
if applicable, solid waste containers shall be placed in plain view,
adjacent to the curb in front of such premises, but shall not be so
placed until 6:00 P.M. on the day next preceding the regularly scheduled
collection day.
Any person violating any of the provisions of this Chapter, or any lawful rules or regulations promulgated pursuant thereto, upon conviction, shall be guilty of a misdemeanor; provided, that each day's violation thereof shall be a separate offense for the purpose thereof. In any case where there shall be a violation of this Chapter, the person found guilty and convicted shall be punished as provided in Section 100.220 of this Code.
[R.O. 1992 § 245.130; Ord. No.
782 § X, 2-14-2013]
A.Â
The Mayor, upon determination that the presence of a hazardous waste
on a premises presents an imminent and substantial danger to health,
safety or welfare of the citizens of the City of Wright City or the
environment, has the authority to authorize a City employee or other
agent or officer to enter the premises and conspicuously post notice(s)
on the premises as a warning of the danger.
B.Â
The notice(s) may read substantially as follows:
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DANGER
|
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KEEP OUT
|
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HAZARDOUS WASTE AREA
|
|
POSTED BY
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City of Wright City
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For Information Contact:
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City of Wright City
|
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203 Veterans Memorial Parkway
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Wright City, MO 63390
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(636) 745-3101
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C.Â
No person shall remove, mar, scratch, obliterate or in any manner
deface, hide from view or tamper with any such sign or signs.
[R.O. 1992 § 245.140; Ord. No.
782 § X, 2-14-2013]
The City shall make reasonable effort to notify the owner, occupant
or person in possession of the premises of the posting action and
the reason therefor. In addition, the City shall notify the Wright
City Fire Protection District, Wright City Police Department, other
appropriate emergency response, civil defense or governmental agencies
and local utility companies of the posting action and the reason therefor.
[R.O. 1992 § 245.150; Ord. No.
782 § X, 2-14-2013]
A.Â
The City may require the owner, occupant or person in possession
to prepare a safety plan for each location that may be found to contain
hazardous waste and furnish such a plan, in writing, to the City for
approval within the time limits as set by the City. Following approval
of such a plan, the City shall require the owner or person in possession
to implement such a plan.
B.Â
In the event the owner, occupant or person in possession cannot be
found or refuses to prepare a plan and correct the hazardous situation
within a reasonable time as determined by the City, the City may,
if it deems it necessary in the interest of public health, safety
and welfare, enter upon the premises and, either with the equipment
and employees of the owner, occupant or person in possession or with
City-owned or leased equipment and City employees or with other contracted
services or in conjunction with other governmental authorities, do
such work, as is necessary, to correct any hazardous condition.
C.Â
Upon the completion of such work, the total cost of such work shall
be determined and certified by the City Clerk. The certified amount
with the approval of the City Clerk endorsed thereon shall be transmitted
to the collector who shall assess the same as a special tax against
each lot or parcel of ground chargeable therewith in the name or names
of the owner or owners thereof.
D.Â
All such special tax bills issued for such work shall be collectible
by suit brought by the City Attorney in the name of the City. Such
special tax bills and any action thereon shall be prima facie evidence
of the regularity of the proceedings for such special assessment,
the validity of the bill, the doing of the work and of the furnishings
of the materials charged for and of the liability of the property
to the charge stated in the bill, including the costs of bringing
the action as a part of the cost of doing the work. Each special tax
bill shall include a charge equaling the actual cost incurred by the
City for inspecting the same, giving the notice and further for issuing
and recording the tax bill, including attorneys' fees. Such tax bills,
if not paid within thirty (30) days after issuance, shall bear interest
at the rate of eight percent (8%) per annum.
[R.O. 1992 § 245.160; Ord. No.
782 § X, 2-14-2013]
A.Â
Disposal of special waste and other waste shall be in accordance
with Missouri State law.
B.Â
Any person desiring to dispose of special waste from a residence
within the City shall contact the City's licensed authorized
garbage and rubbish collector for an inspection appointment. An employee
of the garbage and rubbish collector shall examine the special waste
at the scheduled time and determine the most appropriate method of
removal and will either arrange for removal or refer the resident
to the appropriate removal entity. Removal of special wastes shall
be at the resident's expense. Any person, whether residential
or non-residential, desiring to dispose of special waste consisting
of explosive and incendiary material such as ammunition, blasting
caps and dynamite shall be removed under the supervision of the Police
Department or by an agency designated by the Police Department.
C.Â
Any resident desiring to dispose of major appliances/large household
items, junk, or other bulky rubbish shall contact the City's
licensed authorized garbage and rubbish collector to arrange for removal
in compliance with the license agreement with the garbage and rubbish
collector. Storage of major appliances/large household items/junk
outdoors prior to collection shall be in compliance with the time
frames and conditions of this Code and be rendered safe (e.g., refrigerator
and freezer doors shall be removed) and have all lockable doors or
latches removed or locked.
D.Â
Tree limbs less than six (6) inches in diameter and brush shall be
securely tied in bundles not larger than sixty (60) inches long and
eighteen (18) inches in diameter when not placed in storage containers.
The weight of any individual bundle shall not exceed fifty (50) pounds.
