[CC 2001 §230.010; Ord. No. 852 §1, 4-9-1987]
For the purposes of this Chapter, the following terms shall
be deemed to have the meanings indicated below:
An incinerator which complies with all current regulations
of the responsible local, State and Federal air pollution control
agencies.
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 Edmundson, 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.
Waste materials from the construction or destruction of residential,
industrial or commercial structures.
The Director of the Solid Waste Management Program of the
City shall be that person named each year by the Board of Aldermen.
Disposable plastic or paper sacks with a capacity of twenty
(20) 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, microwave ovens, 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 natural individual, firm, partnership, trust, association
or corporation. 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 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 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 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.
Leaves, grass clippings, yard and garden vegetation and Christmas
trees. The term does not include stumps, roots or shrubs with intact
root balls.
[CC 2001 §230.020; Ord. No. 852 §2(2.5, 2.6), 4-9-1987]
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 seven (7) days.
C.
Residential
solid waste shall be stored in containers as provided by the current
solid waste hauler or of not more than thirty-nine (39) gallons nor
less than twenty (20) gallons in nominal capacity, except that residential
solid waste may be stored in trash bags of adequate strength in a
size not to exceed fifty-five (55) gallons. All containers, including
bags, shall be leak-proof and water-proof, fly-tight 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. 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 seventy-five
(75) pounds. 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.
D.
Commercial solid waste shall be stored in solid waste containers as approved by the Board. 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; and shall meet all requirements as set forth by Section 230.070.
E.
Tree
limbs less than four (4) inches in diameter and brush shall be securely
tied in bundles not larger than thirty-six (36) 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.
F.
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.
G.
Solid
waste containers which are not approved will be collected together
with their contents and disposed of.
[CC 2001 §230.030; Ord. No. 852 §3, 4-9-1987; Ord.
No. 1229 §1, 8-12-2004; Ord. No. 1251 §1, 9-8-2005]
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 by the
City shall be collected, except bulky rubbish as defined herein. Bulky
rubbish will be collected in accordance with the rules and regulations
as promulgated by the Director.
C.
Tree limbs and yard wastes, as described in Section 230.020 (E) and (F) 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. 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.
D.
Bulky
rubbish shall be periodically collected.
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. Commercial solid
waste may be removed from within commercial establishments upon written
request of the owner and approval by the Director.
F.
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 at least twice weekly and shall be collected at such
intervals as may be fixed by the Director or requested by the commercial
establishment upon a determination that such intervals are necessary
for the preservation of the health and/or safety of the public.
G.
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.
H.
Solid
waste collectors, employed by the City or a solid waste collection
agency operating under contract with the City, shall be responsible
for the collection of solid waste from the designated pickup location
to the transportation vehicle provided the solid waste was stored
in compliance with the provisions set forth in 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.
I.
No solid
waste collector, regardless of whether the collector is under contract
with the City or with a private person or entity, shall engage in
the collection of solid waste utilizing a front-load dumpster from
any property within the City of Edmundson between the hours of 9:00
P.M. and 7:00 A.M. on weekdays or between the hours of 9:00 P.M. Friday
and 8:00 A.M. Saturday or between the hours of 9:00 P.M. Saturday
and 8:00 A.M. Sunday.
No solid waste collector, regardless of whether the collector
is under contract with the City or with a private person or entity,
shall engage in other methods of collection of solid waste from any
property within the City of Edmundson between the hours of 9:00 P.M.
and 6:00 A.M. on weekdays or between the hours of 9:00 P.M. Friday
and 8:00 A.M. Saturday or between the hours of 9:00 P.M. Saturday
and 8:00 A.M. Sunday.
[CC 2001 §230.040; Ord. No. 852 §4, 4-9-1987]
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 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 alternative, the
entire bodies thereof shall be enclosed with only loading hoppers
exposed. No solid waste shall be transported in the loading hoppers.
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.
C.
Transportation and disposal of demolition and construction wastes shall be in accordance with this Section and Section 230.050. A permit shall not be required for the hauling of demolition and construction waste, 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.
[CC 2001 §230.050]
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
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 which will meet all local, State and Federal regulations.
[CC 2001 §230.060]
A.
The Director
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.
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.
[CC 2001 §230.070; Ord. No. 852 §8, 4-9-1987]
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.
Fail
to have solid waste collected as provided in this Chapter.
3.
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.
4.
Burn
solid waste unless an approved incinerator is provided or unless a
variance has been obtained from the appropriate air pollution control
agency.
5.
Dispose
of solid waste at any facility or location which is not approved by
the City and the Missouri Division of Health.
6.
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.
[CC 2001 §230.080; Ord. No. 852 §10, 4-9-1987]
The City may require performance bonds in the amount to be determined
in its discretion for permits to collect and transport solid waste
and to operate disposal facilities.
[CC 2001 §230.090]
A.
There
is hereby imposed for the collection and disposal of solid wastes
and for the improvement of the general public and environment a service
charge for each dwelling unit to which such service shall be provided
under the provisions of this Chapter. Said service charge shall be
set by the Board of Aldermen from time to time per dwelling unit.
B.
The system
of services established by the provisions of this Chapter hereof is
designated as an integral part of the City's program of health, sanitation
and general welfare to be operated as an adjunct to the City's system
for providing all manner of utilities services. The City may enforce
collection of such charges by bringing proper legal action against
the occupant of the premises which has received such services to recover
any sums due for such services plus a reasonable attorney's fee to
be fixed by the court, plus the cost of such action.
C.
The service
charge herein provided for is hereby imposed upon the occupant of
each occupied dwelling unit and the billing therefor shall be made
to the person contracting for City utilities of any kind to each such
dwelling unit. In the event a dwelling unit is not serviced by City
utilities or in the absence of information that such person is neither
the owner or the tenant of such dwelling unit, then billing therefor
shall be made to the owner. Service charges shall be payable to the
City of Edmundson, Missouri.
D.
The City
shall include the foregoing service charge on its utility bill as
a separate charge, which shall be paid on or before the fifteenth
(15th) of the following month.
E.
The City
shall provide any contractor hereunder with a monthly statement showing
the number of dwelling units, together with all additions and deletions.
[CC 2001 §230.100; Ord. No. 852 §9, 4-9-1987]
Any person violating any of the provisions of this Chapter,
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 one thousand dollars ($1,000.00); provided that
each day's violation thereof shall be a separate offense for the purpose
hereof.
[CC 2001 §230.110; Ord. No. 936 §1, 3-14-1991; Ord. No. 1139 §1, 2-8-2001]
A.
Any person
within the City who shall permit garbage, trash, cinders, refuse matter
or waste of any kind to accumulate upon his/her premises or upon premises
under his/her control in such a way or to such an extent so as to
be injurious to the public health shall be deemed guilty of an ordinance
violation. All persons shall have the same collected or otherwise
disposed of in accordance with the laws of the City, and pending collection
or other disposition of same, the same shall be kept within a tightly
closed container.
B.
All trash
containers shall have tight fitting lids. Lids shall not be required
on containers that contain tree limbs only, as long as limbs are cut
to the length required by the City's trash hauler. The containers
shall be placed at the curb of the residence no earlier than 12:00
Noon the day before the trash pickup day. The trash containers must
be removed from the residence curb as soon as possible on the day
of the trash pickup, but no later than 8:00 A.M. on the following
morning.
Except for up to two (2) trash containers, which may be visible
from the street but which must be kept behind the building line, all
trash containers shall not be visible from the street.
C.
Upon
neglect of requirements of this Section by a resident, a warning shall
be issued for failure of ordinance compliance. The officer may grant
from one (1) to seven (7) days for the resident to be compliant, after
which time a summons will be issued. After initial warning, no other
warning shall be issued for a minimum of one (1) year.
