[CC 1984 §11.010; Ord. No. 597 §1, 3-9-1992]
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 responsible local, State and Federal air pollution control agencies.
- 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 transportation vehicles by solid waste collectors, with the equipment available therefor.
- The City of New Haven, Missouri.
- Removal of solid waste from the designated pickup location to the transportation vehicle.
- Tree limbs, leaves, grass clippings, lawn and garden plantings and other yard wastes.
- DEMOLITION AND CONSTRUCTION WASTE
- Waste materials from the construction or destruction of residential, industrial or commercial structures.
- The Public Works Director shall be the director of the Solid Waste Management Program of the City.
- DISPOSABLE SOLID WASTE CONTAINER
- Disposable plastic or paper sacks with a capacity of twenty (20) to thirty-five (35) gallons specifically designed for storage of solid 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.
- HAZARDOUS WASTE
- Any waste or combination of wastes, as determined by the Missouri Hazardous Wastes 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 organism (Subsection 260.360 (9) of Missouri Hazardous Waste Management Law).
- 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, 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.
- SOLID WASTE
- Unwanted or discarded waste materials in a solid or semi-solid state including, but not limited to, garbage, ashes, wastes, discarded appliances, special wastes, industrial wastes and demolition and construction wastes.
- SOLID WASTE CONTAINER
- Receptacle used by any person to store solid waste during the interval between solid waste collections.
- SOLID WASTE DISPOSAL
- The process of discarding or getting rid of unwanted material. In particular the final deposition of solid waste by man.
- SOLID WASTE MANAGEMENT
- 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 place of collection or processing to a solid waste processing facility or solid waste disposal area.
[CC 1984 §11.020; Ord. No. 597 §2, 3-9-1992; Ord. No. 691 §§1 — 2, 8-10-1998]
The occupant or owner 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.
The occupant or owner of every dwelling unit and of every institutional, commercial, industrial, agricultural or business establishment shall place all solid waste to be collected in proper solid waste containers, 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 as provided by the current solid waste hauler or of not more than thirty-five (35) gallons in nominal capacity. Containers shall be leakproof and waterproof, fly-tight and properly covered, except when depositing waste therein or removing the contents thereof. The containers shall have handles, bails or other suitable lifting devices or features. Containers 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 and 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. Disposable solid waste containers with suitable frames or containers as approved by the Director may also be used for storage of residential solid waste.
Trash containers for regular residential trash pickup shall not be placed for pickup prior to 6:00 P.M. on evening prior to scheduled pickup day nor remain at pickup area later than 7:00 A.M. next day but must be returned to the residential container site.
Heavy trash pickup for monthly scheduled heavy trash pickup cannot be placed at pickup area more than twenty-four (24) hours prior to scheduled heavy trash pickup day.
Commercial solid waste shall be stored in solid waste containers as approved by the Director. 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 230.070.
Compost will not be collected by the City of New Haven, Missouri, nor shall it be placed at curbside or in other collection areas for pickup with other solid wastes. Compost wastes must be disposed of by the owner or occupant in an approved manner or in an approved compost or burn site for such material.
[CC 1984 §11.030; Ord. No. 597 §3, 3-9-1992]
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 as deemed to be in the best interests of the City.
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.
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.
Bulky rubbish shall be collected at least annually. The Director shall establish the procedure for collecting bulky rubbish.
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 therefor as required by the ordinance. 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.
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 twice weekly except when the normal collection date falls on a holiday as established by the City or when the weather prevents normal collection. All commercial solid waste shall be collected at least once weekly and shall be collected at such lesser intervals as may be fixed by the Director or requested by the commercial establishment upon a determination that such lesser intervals are necessary for the preservation of the health and/or safety of the public.
Residential solid waste containers shall be stored upon private property, unless the owners shall have been granted written permission from the City the use of public property for such purposes. The storage site shall be well drained, fully accessible to collection equipment, public health personnel and fire inspection personnel.
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 by 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.
[CC 1984 §11.040; Ord. No. 597 §4, 3-9-1992]
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 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 as constructed and maintained that none of the material being transported shall spill upon the public rights-of-way.
Demolition and construction wastes shall be transported to a disposal area as provided in Section 230.050(A). 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 1984 §11.050; Ord. No. 597 §5, 3-9-1992]
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 260.245, RSMo., and the rules and regulations adopted thereunder. The City may designate the processing or disposal facility to be utilized by persons operating under Section 230.060 of this Chapter.
Hazardous wastes under provisions will require special handling and shall be disposed of only in a manner authorized by State regulations.
[CC 1984 §11.060; Ord. No. 597 §6, 3-9-1992]
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; provided however, that this provision shall not be deemed to apply to employees of the holder of any such permit.
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 application pertaining to such business and all vehicles to be operated in the conduct thereof, in the amount of not less than five hundred thousand dollars ($500,000.00) for each person injured or killed and in the amount of not less than one millions dollars ($1,000,000.00) in the event of injury or death of two (2) or more persons in any single accident and in the amount of not less than two hundred fifty thousand dollars ($250,000.00) for damage to property. Should any such policy be cancelled, the 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 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.
Each applicant for any such permit shall state in his/her application therefor:
The nature of the permit desired as to collect, transport, process or dispose of solid waste or any combination thereof;
The characteristics of solid waste to be collected, transported, processed or disposed;
The number of solid waste transportation vehicles to be operated thereunder;
The precise location or locations of solid waste processing or disposal facilities to be used;
Boundaries of the collection area; and
Such other information as required by the Director.
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 may issue the permit authorized by this Chapter. The Director shall have the authority to limit the number of annual permits issued under this Section in order to preserve the health, comfort, safety and welfare of the residents, to promote energy conservation and to provide for collection and disposal consistent with good solid waste management practices. The permit shall be issued for a period of one (1) year and each applicant shall pay therefor a fee of ten dollars ($10.00) for each solid waste processing or disposal facility to be operated and a fee of two dollars fifty cents ($2.50) for each transportation vehicle to be used. If 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 (D) 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 Section. Nothing in this Section shall prevent the denial of a permit should the total number of annual permits have already been issued.
The annual permit may be renewed upon payment of the fee or fees as designed herein if the business has not been modified, the collection vehicles meet the requirements of Section 230.040 of this Chapter and the renewal is approved by the Director. If modifications have been made, the applicant shall reapply for a permit as set forth is Subsections (B) and (C). No permits authorized by this Section 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 New Haven. 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.
In the event a permit is revoked and the person continues to operate, the Director may request the action of a court of law to enjoin the acts and to enforce compliance with this Chapter or any rule or regulation promulgated thereunder. In any such action, the court may grant to the City such prohibitory or mandatory injunctive relief as the facts may warrant.
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 Franklin County, in writing, setting forth in a concise statement the act being appealed and the grounds for its reversal.
All motor vehicles operating under any permit required by this Chapter shall display the number or numbers on each side which contrast with that of the vehicle, such numbers to be clearly legible and not less than six (6) inches high. Each permit for processing or disposal facilities shall be prominently displayed at the facility.
[CC 1984 §11.070; Ord. No. 597 §7, 3-9-1992]
The Director shall make, amend, revoke and enforce reasonable 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 and transportation of solid waste.
Collection points of solid waste containers.
Collection, transportation, processing 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 sludges, ashes, agriculture, construction, bulky items, tires, automobiles, oils, etc.
The City Clerk 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 any and all the rules and regulations made and promulgated under the provisions hereof shall be filed in the office of the City Clerk of the City.
[CC 1984 §11.080; Ord. No. 597 §8, 3-9-1992]
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;
Fail to have solid waste collected as provided in this Chapter;
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 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 the Missouri Department of Natural Resources;
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;
Editor's Note — At the direction of the city section 230.090 "service charges" is being reserved as the service charges are being changed from time to time by the board of aldermen and will be available in the city offices. Former section 230.090 derived from CC 1984 §11.090; ord. no. 597 §9, 3-9-1992; ord. no. 598 §1, 5-11-1992; ord. no. 765 §1, 9-10-2001; ord. no. 766 §1, 9-10-2001.
[CC 1984 §11.100; Ord. No. 597 §10, 3-9-1992]
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 not less than five dollars ($5.00) nor more than five hundred dollars ($500.00); provided that each days' violation thereof shall be a separate offense for the purpose hereof.