[R.O. 2013 §235.010; Ord. No. 1462 §§1, 3, 6-7-1999; Ord. No. 1816 §1, 3-1-2010]
For the purposes of this Chapter, the following terms shall
be deemed to have the meanings indicated below:
Non-putrescible solid wastes consisting of combustible and/or
non-combustible waste materials from dwelling units, commercial, industrial,
institutional, or agricultural establishments which are either too
large or too heavy to be safely and conveniently loaded in solid waste
transportation vehicles by solid waste collectors, with the equipment
available therefor.
The City of Valley Park, Missouri.
Removal of solid waste from its place of storage to the transportation
vehicle.
All solid waste generated from a source other than a dwelling
unit.
Such person, firm or corporation as may be contracted with
to provide solid waste transportation and disposal for the City.
A location adjacent to and not more than five (5) feet from
any street.
Disposable plastic or paper sacks with a capacity of twenty
(20) 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 sleeping, cooking and eating. Units of
multiple-housing facilities containing more than two (2) dwelling
units may be served and 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
Sanitation Department 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.
Waste in quantities and characteristics as determined by
the department by rule, including 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, discarded biologicals, known or suspected
to be infectious; provided however, that infectious waste does not
mean waste treated to department specifications.
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 operating
of dwelling units and consisting of not more than two (2) dwelling
units separated by a common wall with a single story, but may include
multiple-dwelling units with more than two (2) units upon request
by the owner(s) of the property and acceptance of service by the City.
Garbage, refuse and other discarded materials, including,
but not limited to, solid and semisolid waste materials resulting
from industrial, commercial, agricultural, governmental and domestic
activities, but does not include hazardous waste as defined in Sections
260.360 to 260.432, RSMo., recovered materials, post-use polymers,
recovered feedstocks, overburden, rock, tailings, matte, mill scale
and slag or other waste material resulting from mining, milling or
smelting. Solid waste does not include "yard waste" as defined herein.
Receptacle used by any person to store solid waste during
the interval between solid waste collections.
The process of discarding or getting rid of unwanted material.
In particular the final disposition of solid waste by man.
The entire 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.
[R.O. 2013 §235.020; Ord. No. 1462 §2, 6-7-1999]
A.
The
occupant of every dwelling unit and of every institutional, commercial
or business, industrial or agricultural establishment producing solid
waste within the corporate limits of the City shall provide sufficient
and adequate containers for the storage of all solid waste, except
bulky rubbish and demolition and construction waste, to serve each
such dwelling unit and/or establishment, and to maintain such solid
waste containers at all times in good repair.
B.
The
occupant of every dwelling unit and of every institutional, commercial,
business, industrial or agricultural establishment shall place all
solid waste to be collected in proper solid waste containers and shall
maintain such solid waste containers and the area surrounding them
in a clean, neat and sanitary condition at all times. Accumulation
of waste in suitable containers shall not be stored upon any site
in the City for a period longer than ten (10) days.
C.
Residential
solid waste shall be stored in containers 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 in this Chapter.
E.
Solid
waste containers which are not approved will be collected together
with their contents and disposed of.
F.
Infectious
waste, such as personal use hypodermic needles, etc., shall not be
disposed of in residential solid waste containers. It shall be placed
in leak and puncture proof disposable container(s) that are clearly
labeled "Infectious Waste".
[R.O. 2013 §235.030; Ord. No. 1481 §1, 12-6-1999]
A.
The
City shall provide for the collection of solid waste as follows:
1.
Collection of residential solid waste. The City
may provide for the collection of residential and/or commercial solid
waste in the City, provided that the City may provide the collection
service(s) by contracting with a person or persons, County, or other
City or a combination thereof, for the entire City or portions thereof,
or for residential services only, or both, as deemed to be in the
best interest of the City.
B.
All
solid waste from premises to which collection services are provided
under contract with the City shall become the property of the collection
agency upon being loaded into the transportation equipment.
C.
Solid waste containers as required by this Chapter for the storage
of residential solid waste shall be placed at the curb for collection
but shall not be so placed until after 6:00 P.M. on the day next preceding
the regularly scheduled collection day. Containers shall be removed
from the curb no later than 8:00 P.M. on the day of collection. No
alley service shall be allowed under the terms of this Chapter, except
as approved by the Board of Aldermen. In the event alley service is
approved by the Board of Aldermen, all containers shall be removed
from the alley and/or City right-of-way no later than 8:00 P.M. on
the day of collection.
[Ord. No. 1932 § 1, 7-21-2014]
D.
Individuals
desiring the collection of bulky rubbish shall deal directly with
those licensed by the City for the collection of the same.
E.
Solid
waste collectors, employed by the City or a solid waste collection
agency operating under contract with the City, are hereby authorized
to enter upon private property for the purpose of collecting solid
waste therefrom as required by this Chapter. Solid waste collectors
shall not enter dwelling units or other residential buildings for
the purpose of collecting residential solid waste.
F.
It shall be the responsibility of the occupants of each dwelling
unit to prepare, package and deliver solid waste to curbside for collection
as prescribed in this Chapter and as it may be amended from time to
time. It shall be the responsibility of the landlord, lessor or owner
of each dwelling unit or residence to ensure that the tenants, lessees
or renters comply with the provisions of this Section. Should violations
occur, both the owner and occupier may be cited under this Section.
[Ord. No. 1932 § 2, 7-21-2014]
G.
It
shall be the responsibility of each commercial, industrial, institutional
or other non-residential generator of solid waste to prepare, package
and store solid waste so generated as prescribed by this Chapter and
as it may be amended from time to time.
H.
It
shall be the responsibility of every solid waste collector to abide
by this Chapter and receive and transport solid waste in a manner
consistent with the provisions of this Chapter.
I.
The
following collection frequencies shall apply to collections of solid
waste within the City: All residential solid waste, other than bulky
rubbish, shall be collected at least once weekly. All commercial solid
waste shall be collected once weekly, and shall be collected at such
lesser intervals as may be fixed by the Board upon a determination
that such lesser intervals are necessary for the preservation of the
health and/or safety of the public.
J.
Residential solid waste containers shall be stored upon the residential premises. Except as provided in Subsection (C) hereof, all solid waste containers stored out of doors shall be stored behind any building located on the tract of land. Commercial solid waste containers shall remain in the location from which they are to be serviced except while being serviced.
K.
All
solid waste collectors operating under contract with the City or otherwise
collecting solid waste within the City limits shall be responsible
for the collected solid waste from the point of collection to the
point of disposal provided the solid waste was stored in compliance
with the applicable Sections of this Chapter. Any spillage or blowing
litter caused as a result of the duties of the solid waste collector
shall be collected and placed in the transportation vehicle by the
solid waste collector.
L.
It
shall be unlawful for any person, firm or corporation collecting and
disposing of rubbish, garbage or waste material from premises in the
residential districts or premises in any commercial district which
abuts or adjoins a residential district in the City to make such collection
or dispose of rubbish, garbage or waste materials between the hours
of 9:00 P.M. and 7:00 A.M.
M.
Any
commercial waste generator may become exempt from the solid waste
collection services provided herein on application to the Public Works
Director, provided that said application:
[R.O. 2013 §235.040]
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. Provided however, other vehicles may be used to transport
bulky rubbish which because of its size or weight is not susceptible
to being loaded or unloaded in vehicles described above, but in no
event shall such vehicles be operated without adequate cover or binding
to prevent spillage or waste therefrom and in accordance with the
rules and regulations made by the Board.
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.
[R.O. 2013 §235.050]
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 260.245, 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.
[R.O. 2013 §235.070]
A.
The
Board 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.
[R.O. 2013 §235.080]
A.
It
shall be unlawful for any person to:
1.
Deposit solid waste in any solid waste container other than his/her
own without the written consent of the owner of such container and/or
with the intent of avoiding payment of the service charge hereinafter
provided for solid waste collection and disposal;
2.
Interfere in any manner with solid waste collection and transportation
equipment, or with solid waste collectors in the lawful performance
of their duties as such, whether such equipment or collectors shall
be those of the City, those of a solid waste collection agency operating
under contract with the City, or any duly licensed collector;
3.
Dispose of solid waste at any facility or location which is not approved
by the City and the Missouri Department of Natural Resources.; or
4.
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.
[R.O. 2013 §235.085; Ord. No. 1528 §1, 4-2-2001]
A.
Violations. It shall be a violation for any person to:
1.
Dispose of yard waste in any non-biodegradable bag or sack, including
a plastic bag or sack.
2.
Dispose of tree limbs or trunks more than four (4) inches in diameter.
3.
Dispose of tree limbs or trunks less than four (4) inches in diameter
which are not tied in bundles, exceeding forty-eight (48) inches in
length and exceeding seventy-five (75) pounds per bundle.
[R.O. 2013 §235.090]
The Board may require performance or payment bonds of any solid
waste collection agency prior to issuing permits to so operate.
[R.O. 2013 §235.100; Ord. No. 1438 §1, 2-8-1999; Ord.
No. 1657 §1, 2-7-2005; Ord. No. 1816 §§2 — 3, 3-1-2010; Ord. No. 1907 §1, 10-15-2012; Ord. No. 1960 § 1, 12-7-2015; Ord. No. 2068, 10-21-2020]
A.
There is hereby imposed for the collection of solid waste and for
the improvement of the general public and environment a service charge
for each dwelling unit to which service shall be provided in the amount
of twenty-three dollars ($23.00) per month, billed in quarterly installments
to the owner of each property serviced.
B.
The system of services established by this Chapter is designed to be an integral part of the City's program of health, sanitation and welfare as provided in Section 71.680, RSMo. The City may enforce collection of such services by bringing proper legal action against the owner of the premises receiving the services to recover such sums due for services plus a reasonable attorney's fee to be fixed by the court plus the cost of such action. It shall be also unlawful for any owner of any premises or occupier of a dwelling unit in the City to fail to have approved solid waste collection at their premises or dwelling unit. Failure to provide for approved solid waste collection, including by way of non-payment of service charges to the City pursuant to this Section, is an ordinance violation subject to penalty as provided in Section 100.220 of this Code.
C.
Service
charges shall be abated for up to one (1) year or until an occupancy
permit is granted, whichever event occurs first, provided that the
Building Commissioner certifies to the City Clerk that a casualty
loss due to fire, windstorm, flood or other sudden casualty renders
the dwelling unit uninhabitable and provided the owner commences rehabilitation
of the property with six (6) months of the date of loss.
D.
If
a quarterly installment is not paid within the first thirty days (30)
of the date on the sanitation service invoice, a penalty of five percent
(5%) will be charged and added to the total on the invoice.
E.
If
no payment is made on sanitation service charges for a time period
greater than one (1) year, the City may engage collection services
to collect said amounts due for services rendered.
F.
The
fee schedule for bulk item pickups will remain on file in the City
Clerk's office.
[R.O. 2013 §235.110; Ord. No. 1808 §§1 — 2, 1-4-2010]
A household who has a family member who is the head of the household, as that term is interpreted in Section 513.440, RSMo., who is on combat status in the United States Army, Air Force, Navy, Marine and Coast Guard, whether as a member of the National Guard or Reserve called to active duty or as a regular member shall not be required to pay a quarterly trash billing while the head of the household is on such active duty. Proof of such active duty shall be made on such forms as are prescribed by the City Clerk pursuant to Section 235.060 of the Code of Ordinances and shall include a DD form 214 together with proof of orders. Any household that has a family member who is head of the household and has received a decoration from the Armed Services of a Purple Heart or a higher decoration shall be permanently exempted from sanitation charges for his/her lifetime. Proof of such status shall be on such forms as are prescribed by the City Clerk and shall include a DD form 215.
