City of Berkeley, MO
St. Louis County
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Table of Contents
Table of Contents

Section 235.010 General.

[Ord. No. 2047, 11-4-1974]
A. 
It is necessary and proper for the City to regulate and control the collection of trash and garbage for the general welfare, health and safety of the citizens of Berkeley.
B. 
Not only should the owner be responsible for the cleanliness of his/her property and the disposition of all trash and garbage on his/her property, but so should the occupant, thereof. In this endeavor to keep the City free from trash and garbage, it is the intent of the Council to require both owner and occupants, if they be different persons, to be responsible for the removal of trash and garbage from the property. In this connection it is the intent of the Council in regard to this responsibility to require the service charge to be paid by only one (1) and not by both parties.
C. 
It is proper that the owner and occupant should, between themselves, arrange and agree who should pay for this service charge. Both shall be held individually and collectively obligated therefore and both shall be subject to all the provisions of this Chapter in all respects.

Section 235.015 Property Owners and Occupants of Residential Property to Provide Collection of Trash and Garbage.

[Ord. No. 3645 §§1 — 4, 2-7-2005; Ord. No. 4251 §§1 — 5, 11-16-2015[1]]
A. 
The property owner of any residential structure within the City is required to obtain and timely pay the cost of trash and garbage collection to the trash hauler designated by the Council of the City of Berkeley, Missouri.
B. 
All residential property owners shall use the trash hauler designated by the City.
C. 
Any property owner who fails to have an active trash collection service with the company authorized by the City shall be in violation of this Section.
D. 
Any person violating any provision of this Section shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine of not less than one dollar ($1.00) or more than one thousand dollars ($1,000.00) and/or imprisonment for a term up to ninety (90) days.
[1]
Editor’s Note: Section 5 of this ordinance provided an effective date of 4-1-2016.

Section 235.020 Definitions.

[CC 1961 §14.01; Ord. No. 2047 §1, 11-4-1974]
For the purposes of this Chapter the following terms shall be deemed to have the meanings 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 therefor.
CITY
The City of Berkeley, Missouri.
COLLECTION
Removal and transportation of solid waste from its place of storage to its place of processing or disposal.
CONTAINER
A container as required herein shall be not more than thirty-five (35) gallons capacity and of watertight construction with a tight fitting lid and tapered sides with handles sufficiently strong for workmen to empty conveniently, and weighing, with contents, not more than fifty (50) pounds and be maintained in a good sanitary condition. Disposable bags as approved by the City may be used.
DEMOLITION AND CONSTRUCTION WASTE
Waste materials from the construction or destruction of residential, industrial or commercial structures.
DIRECTOR
The director of the Solid Waste Management Program of the City is to be the City Manager or his/her designee.
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.
GARBAGE
Putrescible animal or vegetable waste resulting from the handling, preparation, cooking, serving or consumption of food.
HAZARDOUS WASTES
Any waste or combination of wastes, as determined by the 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.
MULTIPLE HOUSING FACILITY
A housing facility containing more than one (1) dwelling unit under one (1) roof.
OCCUPANT
Any person who, alone or jointly or severally with others, shall be in actual possession of any dwelling unit or any other improved real property, either as owner or as a tenant.
PERSON
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.
PROCESSING
Incinerating, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.
REFUSE
Solid waste.
SERVICE CHARGE
The user fee established by the City for the collection of solid waste.
SOLID WASTE
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, 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 collection.
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.
STORAGE
Keeping, maintaining or storing solid waste from time of its production until the time of its collection.
YARD WASTE
Leaves, grass clippings, yard and garden vegetation and Christmas trees. The term does not include stumps, roots or shrubs with intact root balls.

Section 235.030 Solid Waste Storage.

[CC 1961 §14.02; Ord. No. 2047 §1, 11-4-1974; Ord. No. 2394 §1, 3-17-1980]
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, 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.
C. 
Residential solid waste shall be stored in containers of not more than thirty-five (35) gallons nor less than twenty (20) gallons in nominal capacity. 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 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 light weight and sturdy construction. The weight of any 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 City Manager 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 City Manager. The containers shall be waterproof, leakproof and shall be covered at all times except when depositing waste therein or removing the contents thereof; the said containers shall be stable. If during testing the said containers tip over when a vertical force of one hundred ninety-one (191) pounds or a horizontal force of seventy (70) pounds is applied along the edge of the container, then the said container is to be considered unstable.
E. 
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 when not placed in storage containers. The weight of any individual bundle shall not exceed fifty (50) pounds.
F. 
Yard waste 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 fifty (50) pounds.
G. 
Solid waste containers which are not approved will be collected together with their contents and disposed of.

Section 235.040 Collection of Solid Waste.

[CC 1961 §14.03; Ord. No. 2047 §1, 11-4-1974]
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 all residential solid waste in the City 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 interest of the City.
2. 
Collection of commercial solid waste. 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.
B. 
All solid waste from premises to which collection services are provided by the City shall be collected, except bulky rubbish as defined herein, provided however, that bulky rubbish will be collected if tied securely in bundles not exceeding reasonable limitations of weight and bulk to be fixed by regulations to be made and promulgated by the City Manager as hereinafter provided. All solid waste collected shall, upon being loaded into collection equipment become the property of the collection agency.
C. 
Tree limbs and yard wastes, as described in Section 235.030, Subsections (E) and (F) respectively, shall be placed at the curb for collection. Thorn bushes and vines shall be bundled separately from other types of yard waste. Solid waste containers as required by this Chapter for the storage of other residential solid waste shall be placed at the curb for collection.
D. 
Bulky rubbish shall be collected by request to the City Manager. The City Manager shall establish the procedure for collecting bulky rubbish.
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 of the City Manager.
F. 
The following collection frequencies shall apply to collections of solid waste within the City:
1. 
All residential solid waste, other than bulky rubbish, should be collected at least twice (2) weekly. At least sixty (60) hours shall intervene between collections.
2. 
In the event that certain rubbish is too large to fit into the container and is not detrimental to health or sight and is not subject to foul or offensive odors, such rubbish may be placed on the curb for collection.
3. 
All garbage and rubbish shall be deposited in containers as defined herein before collection, except such other items exclusive of garbage may be placed by householder on the curb for collection as long as they are too large to fit into the said container and are not detrimental to the health and are not subject to foul, offensive odors. The householder shall not place or allow said garbage or rubbish or container in front of the front building line prior to 7:00 P.M. on the date preceding the collection of same and shall not leave such container in front of the front building line after 7:00 P.M. on the day of collection.
4. 
It shall be unlawful for any person or persons, not duly authorized, as provided herein, to tamper with, overturn, remove or destroy any garbage or rubbish container mentioned herein.
5. 
Failure to have and maintain containers as required herein shall be prima facie evidence of a violation hereof.
G. 
Residential solid waste containers shall be stored upon the residential premises. Commercial solid waste containers shall not be stored upon public property, unless the owner shall have been granted written permission from the City to use the public property for such purposes. The storage site of commercial property shall be well drained; fully accessible to collection equipment, public health personnel, and fire inspection personnel.
H. 
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 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. No solid waste shall be transported in the loading hoppers.
I. 
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.
J. 
Transportation and disposal of demolition and construction wastes shall be in accordance with Sections 235.050 and 235.060.

Section 235.050 Disposal of Solid Waste.

[CC 1961 §14.04; Ord. No. 2047 §1, 11-4-1974]
A. 
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 Department of Natural Resources.
B. 
The City Manager may classify certain wastes as hazardous wastes which will require special handling and shall be disposed of only in a manner acceptable to the City Manager and which will meet all local, State and Federal regulations.

Section 235.060 Permits.

[CC 1961 §14.05; Ord. No. 2047 §1, 11-4-1974]
A. 
No persons 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 or franchise therefor from the City; provided however, that this provision shall not be deemed to apply to employees of the holder of any such permit.
B. 
No such permit shall be issued until and unless the applicant therefore, in addition to all other requirements set forth, shall file and maintain with the City Manager 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, in the amount of not less than three hundred thousand dollars ($300,000.00) for each person injured or killed, and in the amount of not less than five hundred thousand dollars ($500,000.00) 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 one hundred thousand dollars ($100,000.00) for damage to property. Should any such policy be cancelled, the City Manager 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.
C. 
Each applicant for any such permit shall state in his/her application there:
1. 
The nature of the permit desired, as to collect, transport, process, or dispose of solid waste or any combination thereof;
2. 
The characteristics of solid waste to be collected, transported, processed or disposed;
3. 
The number of solid waste vehicles to be operated thereunder;
4. 
The precise location or locations of solid waste processing or disposal facilities to be used;
5. 
Boundaries of the collection areas; and
6. 
Such other information as required by the City Manager.
D. 
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 City Manager 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 therefor a fee of one thousand dollars ($1,000.00) for each solid waste transferring, processing or disposal facility to be operated and a fee of thirty dollars ($30.00) for each collection or transporting vehicle to be used. If in the opinion of the City Manager, modifications can be made to the applicant regarding service, equipment, or mode of operation, so as to bring the application within the intent of this Chapter, the City Manager shall notify the applicant in writing setting forth the modification to be made and the time in which it shall be done.
E. 
If the applicant does not make the modifications pursuant to the notice in 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 City Manager 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.
F. 
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 apply for a permit as set forth in Subsection (B) and (C). No permits authorized by this Chapter shall be transferrable from person to person.
G. 
In order to insure compliance with the laws of this State, this Chapter and the rules and regulations authorized herein, the City Manager is authorized to inspect all phases of solid waste management within the City of Berkeley. 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 City Manager 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.
H. 
In all cases, when the corrective measures have not been taken within the time specified, the City Manager 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, an extension of time may be granted.
I. 
Any person who feels aggrieved by any notice of violation or order issued pursuant thereto of the City Manager may, within thirty (30) days of the act for which redress is sought appeal directly to the Circuit Court of St. Louis County in writing, setting forth in a concise statement the act being appealed and the grounds for its reversal.
J. 
All motor vehicles operating under any permit required by this Chapter shall display the number or numbers on each side in colors 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. In addition, each motor vehicle operating under this Chapter shall have displayed on the right-hand portion of the vehicle windshield a current City of Berkeley solid waste identification sticker issued with the appropriate permit.
K. 
All trailers used for the purpose of collecting or transporting solid waste shall be subject to the provisions set forth in this Section except that the permit fee shall be fifty percent (50%) of the fee required for motor vehicles, and the City of Berkeley solid waste sticker shall be displayed immediately to the left of the required identification number on the right side of the trailer.

Section 235.070 Rules and Regulations.

[CC 1961 §14.06; Ord. No. 2047 §1, 11-4-1974]
A. 
The City Manager shall enforce, and with the approval of the Council, make, amend and revoke 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 of solid waste.
8. 
Collection points of solid waste containers.
9. 
Collection 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, sludges, ashes, agriculture, construction, bulky items, tires, automobiles, oils, greases, etc.
14. 
Establishing the qualifications and procedures for participation in the optional disposable container service charge for single-family residential properties.
B. 
The Director of Finance 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 collections and/or disposal service charges as hereinafter provided.
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.

Section 235.080 Prohibited Practices.

[CC 1961 §14.07; Ord. No. 2047 §1, 11-4-1974]
A. 
It shall be unlawful for any person to:
1. 
Deposit solid waste in any solid waste container other than his/her own, or place his/her container in front of the premises of another, 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 equipment, or with solid waste collectors in the lawful performance of their duties as such, whether such equipment or collector shall be those of the City, or those of a solid waste collection agency operating under contract with the City;
3. 
Burn solid waste unless an approved incinerator is provided or unless a variance has been obtained from the appropriate air pollution control agency;
4. 
Dispose of solid waste in any facility or location which is not approved by the City and the Missouri Department of Natural Resources;
5. 
Engage in collecting, transporting, processing or disposing of solid waste to spill or litter upon the public ways or private property any solid waste without subsequently and immediately removing same and restoring the affected area to its original condition;
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.

Section 235.090 Service Charges.

[CC 1961 §14.08; Ord. No. 2047 §1, 11-4-1974; Ord. No. 3300 §1, 9-6-1994; Ord. No. 3332 §1, 6-5-1995]
A. 
There shall be a service charge for the collection and disposal of solid waste for each dwelling unit and each commercial establishment to which such service shall be provided under the provisions of this Chapter.
1. 
The service charge for both residential and commercial solid waste collected by the franchised hauler shall be set by ordinance prior to the execution of a contract to provide the collection service.
2. 
The service charge for single-family, residential dwellings shall provide eligible residents with an option to pay a flat rate monthly service charge or to purchase authorized disposable bags in lieu thereof as specified in the executed contract with the franchised solid waste collector.
3. 
The service and service charge shall be terminated upon presentation of satisfactory proof by the occupant or owner to the City Manager that any such dwelling unit or establishment is unoccupied, and shall be commenced upon renewed occupancy thereof.
B. 
The system of services established by the provisions of this Chapter is designed as an integral part of the City's program of health and sanitation. The City may enforce collection of such charges by bringing proper legal action against the owner of any dwelling unit or the owner or lessee of any commercial, industrial, institutional or agricultural property receiving such services, to recover any sums due for such service plus a reasonable attorney's fee to be fixed by the court.
C. 
The service charge herein provided is herein imposed upon the owner of each dwelling unit, of each commercial, industrial, institutional or agricultural property receiving such service under the provisions of this Chapter and billing therefor shall be made to such person. Service charges shall be payable to the department or agency charged with the responsibility for collecting the service charge and such department or agency shall notify the City Manager at the close of each billing period of any and all bills which are delinquent.
D. 
A discount shall be applied to all solid waste service charges to eligible consumers of the City of Berkeley. An "eligible consumer" is any person who, as of January first (1st) of the year in which the discount is requested, meets the following criteria:
1. 
Owns, leases or rents residential property within the City of Berkeley and occupies the same as a customary or primary place of residence. If such residential property is owned, leased or rented by two (2) or more persons, this qualification shall be deemed satisfied if one (1) owner, lessee or renter satisfies the qualification; and
2. 
Receives total gross income from all sources of all occupants of the residence, including social security and private pension plans, which falls within the following categories:
Number of Occupants
Category I
Category II
Category III
1
$15,550 — $12,251
$12,250 — $ 9,651
$ 9,650 & under
2
$17,105 — $13,476
$13,475 — $10,651
$10,650 & under
3
$18,815 — $14,826
$14,825 — $11,676
$11,675 & under
4
$20,700 — $16,301
$16,300 — $12,846
$12,845 & under
E. 
Based upon level of income, discounts shall be applied to invoices for solid waste service charges of applicants satisfying the criterion set forth in Subsection (D) as follows:
Income Category
Discount
Category I
30%
Category II
40%
Category III
60%
Service charge discounts shall be granted on an annual basis. To qualify for a service charge discount, an applicant must submit a request during the period of February first (1st) to April thirtieth (30th) to the City Manager or Director of Finance together with such documentary evidence as may be required by the City Manager or Director of Finance to establish eligibility under this Section. Such evidence may include, but is not limited to, proof of residency and income from the preceding calendar year. Upon establishing eligibility, service charge discounts shall be applied to invoices for solid waste charges issued from May first (1st) to April thirtieth (30th) beginning in the year of the request.

Section 235.100 Penalties.

[CC 1961 §14.09; Ord. No. 2047 §1, 11-4-1974]
A. 
Any person violating any of the provisions of this Chapter or any lawful rules or regulations promulgated pursuant thereto, or failing to pay the service charges, penalty and interest, upon conviction, shall be punished by a fine of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00); provided that each day's violation thereof shall be a separate offense for the purpose hereof.
B. 
In addition to any other action that may be taken against a person for non-payment of the service charge there shall be a lien upon the real property where service has been provided for the collection of trash and garbage when such service charges are not paid. Whenever any service charges are not paid, the Director of Finance shall certify such amount thereof due and owing and a description of the property and record same in the special lien book and at the same time a copy of the special lien shall be forwarded to the owner and occupant of the said property and a copy may be sent to all other persons having an interest in the said property.

Section 235.110 Definitions.

[Ord. No. 3538 §1, 10-1-2001]
For the purpose of this Article, the following terms, phrases, words and their derivations shall have the meaning given herein:
COMPOST
The biological decomposition of organic constituents under controlled conditions.
DEPARTMENT
The Director of the Department of Public Works.
YARD BY-PRODUCT
The source separated leaves, grass clippings, tree trimmings and limbs, yard and garden vegetation and Christmas trees.
YARD BY-PRODUCT COMPOST FACILITY
A non-residential premise which collects and/or accepts recovered yard by-product generated off-site for the purpose of controlled biological decomposition.

Section 235.120 Purpose of This Article.

[Ord. No. 3538 §1, 10-1-2001]
The purpose of this Article is to fully regulate all yard by-product compost facilities within the boundaries of the City. It is the intent of the City that such facilities be exempt from the provisions of Subchapter T, Sections 607.1005 through 607.1170 of the St. Louis County Revised Ordinances which pertain to yard by-product compost facilities.

Section 235.130 Facilities to Which Article Applies.

[Ord. No. 3538 §1, 10-1-2001]
This Article shall apply to all areas of yard by-product composting within the jurisdiction of the City, including the existing natural composting area located on Eva at Frost, which was operational prior to the passage of the St. Louis County Ordinance No. 17291, Chapter 607.

Section 235.140 Designations and Duties of the Director.

[Ord. No. 3538 §1, 10-1-2001]
A. 
The Director of Public Works is appointed to administer and implement the provisions of this Article. Duties and responsibilities of the Director shall include, but not be limited to:
1. 
Notifying the St. Louis County Department of Health Director of the City's adoption of regulations as strict as those stated in Subchapter T, Sections 607.1005 through 607.1170 of the St. Louis County Revised Ordinances that relate to the construction, operation and closure of a yard by-product compost facility in order to retain full regulatory authority over privately and municipally-owned and/or operated yard by-product compost facilities within the City's boundaries and supplying the Director with a copy of this Article.
2. 
Filing a statement with the St. Louis County Department of Health Director at least once per year registering each yard by-product compost facility regulated by the City. The statement shall contain the following information:
a. 
Volume of yard by-product in cubic yards received by the facility during the pervious year.
b. 
Volume of end-use product produced.

Section 235.150 Yard By-Product Compost Facility Management.

[Ord. No. 3538 §1, 10-1-2001]
A. 
The construction, operation and closure of a yard by-product facility shall be consistent with the provisions of this Article. Duties and responsibilities of the Director for yard by-product compost facility management shall include, but not be limited to:
1. 
Developing, reviewing and/or approving a plan for the construction and operation of a yard by-product compost facility which includes:
a. 
A description of the type of materials the yard by-product compost facility will accept.
b. 
The maximum storage capacity of material which will allow for proper management of the material.
c. 
The technologies utilized to process and store the materials.
d. 
Drawings detailing the operation of the yard by-product compost facility.
e. 
Location of the nearest available water source.
f. 
A description of windrow construction (or other approved methodology) to achieve a marketable finished compost product.
g. 
A description of construction of processing and storage bases. Bases shall be designed to shed stormwater and maintain integrity through continued use of heavy equipment.
2. 
Developing, reviewing and/or approving a closure plan for the facility consistent with this Article.

Section 235.160 Standards for Operation of a Yard By-Product Compost Facility.

[Ord. No. 3538 §1, 10-1-2001]
A. 
Yard by-product compost facilities within the jurisdiction of the City shall adhere to the following requirements:
1. 
A facility shall not accept material beyond that which can be properly managed.
2. 
Materials for composting shall be stored in a manner that will minimize the generation of odor and aesthetic problems, prevent spontaneous combustion and the harborage of vectors, and not create a public health nuisance.
3. 
Vector control programs shall be implemented to prevent or rectify vector problems.
4. 
Surface watercourses and runoff shall be diverted to storm sewers, detention ponds or other approved collection methods.
5. 
Materials easily moved by wind shall be stored in such a manner so as to prevent such material from becoming airborne and scattered.
6. 
Fire extinguishers shall be provided and accessible.
7. 
Persons not authorized shall not be permitted to remove or scavenge in the materials deposited at the facility.
8. 
Compliance with handling, storage and disposal requirements for materials regulated under Federal, State and/or local jurisdictions shall be met.

Section 235.170 Closure Procedures for a Yard By-Product Compost Facility.

[Ord. No. 3538 §1, 10-1-2001]
A. 
The Director shall inspect the yard by-product compost areas when notified by an operator that a yard by-product compost facility area has been closed. The operator shall comply with the following:
1. 
Remove or cause to be removed all yard by-product material from the yard by-product compost facility site.
2. 
Restore the site by planting grass and trees as determined necessary.
3. 
Notify the Director in writing at least ninety (90) days prior to the closure date (the date in which material for composting will no longer be accepted).
4. 
At least thirty (30) days prior to the closure date, notify all regular suppliers and haulers of organic material (yard by-products and bulking agents) and regular recipients/customers of compost of its intent to close.
5. 
At least thirty (30) days prior to the closure date post a legible sign with letters not less than three (3) inches in height which states the yard by-product compost facility's intent to close. The sign shall also state the final date any yard by-product or other organic materials used in the compost process will be received by the facility and the final date compost may be obtained from the facility. The sign shall be located at all facility access gates and shall be visible to all customers entering the facility.
6. 
Initiate implementation of the closure plan within ninety (90) days of the closure date.
7. 
Not later than thirty (30) days following the closure date, post a sign easily visible at all access gates leading into the facility. The text of such signs must read in letters not less than three (3) inches high: "This facility is closed for all composting activities and receipt of yard by-product. No dumping allowed. Violators are subject to fines and imprisonment in the County Jail." Signs must be maintained in legible condition until certification of completion of closure is issued for the facility by the Director.
8. 
Unless otherwise authorized, within one hundred eighty (180) days of the closure date, final closure shall be completed.
9. 
A yard by-product compost facility shall be considered finally closed upon final inspection of the facility and certified closed by the Director. If determined that closure has complied with this closure plan, the Director shall, within thirty (30) days of the inspection date, issue written certification of such to the operator of the facility. This letter shall be sent as certified mail to the operator of the facility.

Section 235.180 Penalty.

[Ord. No. 3538 §§2 — 3, 10-1-2001]
A. 
This Article shall not be construed so as to relieve any person, firm or corporation from any penalty heretofore incurred by the violation of this Article nor bar the prosecution for any such violation.
B. 
Any person, firm or corporation violating any of the provisions of this Article shall, upon conviction thereof, be subject to the penalty provided in Section 235.100 of the Berkeley Municipal Code.