[CC 2001 §8.04.010; Ord. No. 6.06C §1, 5-13-1986]
For the purposes of this Article, the following terms shall
be deemed to have the meaning 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 Bonne Terre, Missouri.
Removal of solid waste from the designated pickup location
to the transportation vehicle.
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 the City Administrator.
Disposable plastic or paper sacks with a capacity of twenty
(20) to thirty-five (35) gallons specifically designed for storage
of solid waste.
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.
Any waste or combination of wastes, as determined by the
Missouri Hazardous Waste Management Commission by rules and regulations,
which, because of its quantity, concentration or physical, chemical
or infectious characteristics, may cause or significantly contribute
to an increase in mortality or an increase in serious irreversible
or incapacitating reversible illness or pose a present or potential
threat to the health of humans or other living organisms (Subsection
260.360(11) of the Missouri Hazardous Waste Management Law).
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, corporation, association, institution,
City, County, other political subdivision, authority, State agency
or institution, or Federal agency or institution.
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
Unwanted or discarded waste materials in a solid or semi-solid
state, including, but not limited to, garbage, ashes, street refuse,
rubbish, dead animals, animal and agricultural wastes, yard wastes,
discarded appliances, special wastes, industrial wastes and demolition
and construction wastes:
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 deposition 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 time of
its production until the time of its collection.
The transporting of solid waste from the place of collection
or processing facility or solid waste disposal area.
Grass clippings, leaves, tree trimmings.
[CC 2001 §8.04.020; Ord. No. 6.06C §2, 5-13-1986]
A.Â
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.
B.Â
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 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.Â
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
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.
D.Â
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.
E.Â
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 seventy-five (75)
pounds.
F.Â
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.Â
Solid
waste containers which do not meet the specifications as outlined
in this Section will be collected together with their contents and
disposed of.
[CC 2001 §8.04.030; Ord. No. 6.06C §3, 5-13-1986]
A.Â
The
City shall provide for the collection of solid waste as follows:
1.Â
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, for the entire City or portions thereof,
as deemed to be in the best interests of the City.
2.Â
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.Â
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.Â
Tree limbs and yard wastes, as described in Section 230.020(E) and (F), shall be placed at the (curb, alley or the rear of the building) for collection. Solid waste containers as required by this Article for the storage of other residential solid waste shall be placed at the curb, alley or the rear of the building for collection. Any solid waste containers, tree limbs, yard wastes or other solid waste permitted by this Article to be placed at the curb or alley for collection shall not be so placed until the regularly scheduled collection day.
D.Â
Bulky
rubbish shall be collected at least twice annually. The Director shall
establish the procedure for collecting bulky rubbish.
E.Â
Solid
waste collectors, employed by the City or a solid waste collection
agency operating under contract with the City, are authorized to enter
upon private property for the purpose of collecting solid waste therefrom
as required by this Article. 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.Â
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. At least forty-eight (48) hours
shall intervene between collections. 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.
G.Â
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 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.Â
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 Article. 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.
[CC 2001 §8.04.040; Ord. No. 6.06C §4, 5-13-1986]
A.Â
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 alternate,
the entire bodies thereof shall be enclosed, with only loading hoppers
exposed. No solid waste shall be transported in the loading hoppers.
B.Â
Permits
shall not be required for the removal, hauling or disposal of earth
and rock material from grading or excavation activities, however,
all such materials 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.Â
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 2001 §8.04.050; Ord. No. 6.06C §5, 5-13-1986]
A.Â
Solid
waste 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.
B.Â
Hazardous
wastes under provisions will require special handling and shall be
disposed of only in a manner authorized by State regulations.
[CC 2001 §8.04.060; Ord. No. 6.06C §6, 5-13-1986]
A.Â
The
Director shall make, amend, revoke and enforce reasonable rules and
regulations governing, but not limited to:
1.Â
Preparation, drainage and wrapping of garbage deposited in solid
waste containers;
2.Â
Specifications for solid waste containers, including the type, composition,
equipment, size and shape thereof;
3.Â
Identification of solid waste containers and of the covers thereof
and of equipment thereto appertaining, if any;
4.Â
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.Â
Storage of solid waste in solid waste containers;
6.Â
Sanitation, maintenance and replacement of solid waste containers;
7.Â
Schedules of and routes for collection and transportation of solid
waste;
8.Â
Collection points of solid waste containers;
9.Â
Collections, transportation, processing and disposal of solid waste;
10.Â
Processing facilities and fees for the use thereof;
11.Â
Disposal facilities and fees for the use thereof;
12.Â
Records of quantity and type of wastes received at processing and/or
disposal facilities;
13.Â
Handling of special wastes such as sludges, ashes, agriculture, construction,
bulky items, tires, automobiles, oils, greases, etc.
B.Â
The
City Clerk or such other City Official who is responsible for preparing
utility and other service charge billings for the City is authorized
to make and promulgate reasonable and necessary rules and regulations
for the billing and collection of solid wastes collection and/or disposal
service charges as hereinafter provided for.
C.Â
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.
[CC 2001 §8.04.070; Ord. No. 6.06C §7, 5-13-1986]
A.Â
It
is unlawful for any person to:
1.Â
Deposit solid waste in any solid waste container other than his or
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.Â
Fail to have solid waste collected as provided in this Article;
3.Â
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;
4.Â
Burn solid waste unless an approved incinerator is provided or unless
a variance has been obtained from the appropriate air pollution control
agency;
5.Â
Dispose of solid waste at any facility or location which is not approved
by the City and the Missouri Department of Natural Resources;
6.Â
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;
7.Â
Violate any Section of this Article or any other rule or regulation
promulgated under the authority of this Section.
[CC 2001 §8.04.080; Ord. No. 6.06C §8, 5-13-1986]
A.Â
There
is imposed for the collection and disposal of solid waste, in order
to protect the general public health and environment, a service charge
for each dwelling unit. Failure to pay such service charge shall be
an ordinance violation. The service charges shall be prescribed and
authorized by ordinance(s) as passed by the City Council.
B.Â
The
system of services established by the provisions of this Article is
designed as an integral part of the City's program of health and sanitation,
to be operated as an adjunct to the City's system for providing potable
water and the City's system for providing sewerage disposal. The City
may enforce collection of charges for such services by bringing proper
legal action against the occupant of any dwelling unit or owner of
any dwelling unit or owner of any commercial establishment 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.
[Ord. No. 2003-05 §1(8.24.010,
8.24.040), 7-8-2003]
Regulations Generally Enumerated. Burning of
residential yard waste will be permitted throughout the year during
daylight hours only.
