[CC 1978 §280.010; Bill No. 90-26(280.020), 12-17-1990]
For the purposes of this Chapter, the following terms shall
be deemed to have the meaning indicated below:
Manures, crop residues, large dead animals, etc.
An incinerator which complies with all current regulations
of the Missouri Air Conservation Commission.
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 stored in an approved
refuse container as hereinafter specified.
The City of Chaffee, Missouri.
Removal and transportation of solid waste from its place
of processing or disposal.
Waste materials from the construction and demolition of residential,
industrial, or commercial structures, but shall not include materials
defined as Clean Fill under Section 260.200, RSMo.
The Director of the solid waste management system of the
City, or his/her authorized representative, as appointed by the Mayor
and upon approval by the Council. In the event no person has been
designated as Director, the Chairman of the Solid Waste Committee
of the City Council shall act as Director.
Disposable plastic or paper sacks with a capacity of twenty
(20) gallons 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.
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
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.
Any occupation or activity which is clearly incidental and
secondary to the use of the premises for dwelling and which is carried
on wholly within a main building or accessory building by a member
of the family residing on the premises, provided that no person not
a resident of the premises is employed. When within the above requirements,
a home occupation includes, but is not limited to, the following:
Art studio;
Babysitting;
Dressmaking;
Office of physician or dentist for consultation or emergency
treatment but not for general professional practice;
Professional office of an attorney at law, real estate agent,
appraisal service, insurance agent or similar occupation;
Teaching, limited to not more than two (2) pupils at one (1)
time;
Barbershop, beauty shop and hair care facilities.
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.
An individual, partnership, copartnership, firm, company,
public or private corporation, association, joint stock company, trust,
estate, political subdivision or any agency, board, department or
bureau of the State or Federal Government or any other legal entity
whatever which is recognized by law as the subject of rights and duties.
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
Solid waste.
Garbage, refuse and other discarded materials including,
but not limited to, solid and semi-solid waste materials resulting
from industrial, commercial, agricultural, governmental and domestic
activities, but does not include hazardous waste as defined in Sections
260.360 to 260.432, RSMo., recovered materials, overburden, rock,
tailings, matte, slag or other waste material resulting from mining,
milling or smelting.
Receptacle used by any person to store solid waste during
the interval between solid waste collections.
Any area used for the disposal of solid waste from more than
one (1) residential premises, or one (1) or more commercial, industrial,
manufacturing, recreational, or governmental operations.
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.
Including, but not limited to, pathological wastes, explosive
wastes, pesticides, pesticide containers, toxic or radioactive materials.
Keeping, maintaining or storing solid waste from the time
of its production until the time of its collection.
Leaves, grass clippings, yard and garden vegetation and Christmas
trees. The term does not include stumps, roots or shrubs with intact
root balls.
[CC 1978 §280.020; Bill No. 90-26(280.020), 12-17-1990]
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 solid waste, 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.
Except
as provided herein, solid waste shall be stored in containers of not
more than thirty-two (32) gallons nor less than ten (10) gallons in
normal capacity. Containers shall be leak-proof, water-proof, 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 and other suitable lifting
devices or features. Containers shall be of a type originally manufactured
for residential and commercial solid waste with tapered sides for
easy emptying. They shall be of lightweight and sturdy construction,
or solid waste shall be stored in disposable solid waste containers
of a plastic construction of a capacity of not more than thirty (30)
gallons. The weight of any individual container and contents shall
not exceed seventy-five (75) pounds. Galvanized metal containers,
rubber or fiberglass containers, and plastic containers which do not
become brittle in cold weather may be used.
D.
Solid waste shall be stored in solid waste containers as approved by the Director. The containers shall be water-proof, leak-proof and shall be covered at all times except when depositing waste therein or removing the contents thereof and shall meet all requirements as set forth by Subsection (C) unless approved otherwise by the Director.
E.
Solid
waste containers which are not approved will be collected together
with their contents and disposed of.
[CC 1978 §280.030; Bill No. 90-11(280.010), 5-21-1990;
Bill No. 90-26(280.020), 12-17-1990; Bill No. 2009-07, 4-20-2009]
A.
Except
as provided in this Chapter, the City shall provide for the collection
of all 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. The collection
of solid waste as required herein shall include residential, commercial
and all others.
B.
All solid
waste from premises to which collection services are provided or offered
by the City shall be collected, except construction and demolition
wastes, animal and agricultural wastes, special wastes, dirt, hazardous
waste or any waste generated in such amounts that a nuisance would
develop when employing the frequency of collection as hereinafter
provided. On each collection date the City will collect from each
residential site not more than three (3) solid waste containers of
a capacity of not more than thirty-two (32) gallons or not more than
five (5) disposable solid waste bags, each bag being not more than
thirty (30) gallons in capacity.
C.
Bulky
wastes as defined herein 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 Director as hereinafter
provided.
D.
Additional
bulky items being limited to household furniture and household appliances
will be picked up on a basis as established by the Solid Waste Director
and upon the customer notifying the City that such bulky solid waste
is to be collected. Such bulky solid waste shall be placed at the
normal location where solid waste collection for those premises occurs
on the regular collection service dates.
E.
All solid
wastes collected shall, upon being located into collection equipment,
become the property of the collection agency.
F.
The personnel
of the solid waste collection service shall not be required to pick
up or take into possession any loose or scattered items being placed
at the collection site by the customer. Any items which are not securely
bundled and tied or which may not be within the solid waste container
or disposable solid waste container as described herein will not be
collected by the solid waste collection service. The customer shall
be responsible for cleanup and pickup of all trash and other items
which may have been placed for collection which have become strewn
upon the ground or scattered upon the ground as a result of wind,
rain, destruction of the container or the scattering of trash and
items by any means including animals or accident.
G.
Solid
waste collectors, employed by the City or a solid waste collection
agency operating under contract with the City, are hereby authorized
to enter upon private property for the purpose of collecting solid
waste therefrom as required by this Chapter. Solid waste collectors
shall not enter dwelling units or other residential buildings for
the purpose of collecting residential solid waste. Commercial solid
waste may be removed from within commercial establishments upon written
request of the owner and approval by the Director.
H.
The following
collection frequencies shall apply to collections of solid waste within
the City:
Except as provided herein, all solid waste, other than bulky
rubbish, shall be collected once weekly. All commercial solid waste
shall be collected once weekly or shall be collected at such intervals
as may be fixed by the Director upon a determination that such modified
intervals are necessary for the preservation of the health and/or
safety of the public.
I.
Residential
solid waste containers shall be stored upon the residential premises.
Commercial solid waste containers shall be stored upon private property,
unless the owner shall have been granted written permission from the
City to use public property for such purposes. The storage site shall
be well drained, fully accessible to collection equipment, public
health personnel and fire inspection personnel.
J.
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.
[CC 1978 §280.040; Bill No. 92-17, 9-8-1992]
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 Director
may classify certain wastes as hazardous wastes which will require
special handling and shall be disposed of only in a manner acceptable
to the Director and which will meet all local, State and Federal regulations.
C.
All construction
and demolition waste (including roofing materials) as defined herein
shall be disposed of by the party creating such construction and demolition
waste by either contracting for the disposal of the same with private
independent solid waste haulers or by agreement with the City Council
of the City of Chaffee for the hauling and disposal of the same by
the City solid waste collection system or by collection, transportation
and disposal by the party generating such construction or demolition
waste. In complying with the provisions of this Subsection, the owner
and party creating such construction and demolition waste shall insure
that the disposal of the same is completed in accordance with the
Statutes of the State of Missouri and regulations of the Department
of Natural Resources and such disposal is in an approved disposal
site or facility. All construction and demolition waste shall be collected
and removed and deposited and discarded in accordance with the provisions
herein and Statutes of the State of Missouri and regulations of the
Department of Natural Resources and shall not be burned.
[CC 1978 §280.050]
A.
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 a 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.
B.
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 system within the
City of Chaffee. 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 inspection 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.
C.
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.
D.
Any person
who feels aggrieved by any notice of violation or order issued pursuant
thereto of the Director may, within fourteen (14) days of the act
for which redress is sought, appeal directly to the Circuit Court
of Scott County in writing, setting forth in a concise statement the
act being appealed and the grounds for its reversal.
[CC 1978 §280.060]
A.
The Director
shall make, amend, revoke, and enforce reasonable and necessary rules
and regulations governing the storage, collection, transportation
and disposal of solid waste generated within the City.
B.
A copy
of any and all rules and regulations made and promulgated under the
provisions hereof shall be filed in the office of the City Clerk of
the City.
[CC 1978 §280.070]
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 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;
3.
(After
July 1, 1974) 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 at any facility or location which is not approved by
the City and the Missouri Department of Natural Resources;
5.
Engage
in the business of collecting, transporting, processing or disposing
of solid waste within the corporate limits of the City without a permit
from the City or operate under an expired permit or operate after
a permit has been suspended or revoked.
[CC 1978 §280.080; Bill No. 2002-26(280.080), 8-19-2002;
Bill No. 2007-13(280.080A), 4-16-2007; Bill No. 2008-32(280.080),
12-15-2008]
A.
There
is hereby imposed for the collection and disposal of solid waste,
a service charge for each dwelling unit and each commercial establishment
within the City of Chaffee to which such services shall be offered
or provided under the provisions of this Chapter. The service charge
for such service shall be as follows:
1.
Residential
customers: $14.50 per calendar month
2.
Commercial
establishments utilizing dumpsters of two (2) cubic yard capacity
or less:
3.
Business
or commercial establishments not utilizing dumpsters: $17.60 per calendar
month
4.
As needed
on call, customers desiring dumpsters of two (2) cubic yard capacity
or less: $37.00 per pickup (dumpster may be in possession of customer
for no more than 7 days)
B.
A charge
for collection of residential solid waste for out of town customers
who are connected to the City water or sewer system shall be twenty-one
dollars twenty cents ($21.20) per calendar month. The charge for collection
for residential solid waste for contract out of town customers (who
are not connected to the City water or sewer system) including Rockview
shall be eighteen dollars eighty cents ($18.80) per calendar month.
C.
A charge
for collection of solid waste for residential locations which contain
a home occupation shall be seventeen dollars sixty cents ($17.60)
per calendar month and no additional monthly charge shall be assessed
for the residential portion of the premises.
D.
There
is additionally imposed for the collection and disposal of bulky solid
waste consisting of household furniture items and household appliance
items a service charge of sixteen dollars forty cents ($16.40) per
item which shall be collected and disposed of by the City solid waste
collection system. The service charge shall be collected at the time
the item is taken into collection by the solid waste disposal service,
and unless such fee is paid, the item shall not be removed from the
premises. The Director of the solid waste management system shall
have the authority and discretion to refuse to collect any such bulky
item if, because of its size, weight, character or nature of substance,
it cannot be handled or collected by the system.
E.
The service
and charges as set forth herein shall be terminated upon presentation
of satisfactory proof to the Director that any such dwelling or establishment
is unoccupied and shall be commenced upon renewed occupancy thereof.
[CC 1978 §280.081; Bill No. 92-2(280.081), 2-17-1992]
The system of services established by the provisions of Chapter 230 of the City ordinances of the City of Chaffee, Missouri, 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 sewage disposal. The City may enforce collection of such charges by bringing proper legal action against the occupant of any premises (residential, commercial, business or otherwise) for which such services have been offered or provided, to recover any sums due as set forth herein plus a reasonable attorney's fee to be fixed by the court.
[CC 1978 §280.082; Bill No. 92-2(280.081), 2-17-1992]
The service charge provided for herein in this Chapter, being Chapter 230 of the City ordinances of the City of Chaffee, Missouri, is imposed upon the occupant of each dwelling unit, commercial establishment and other entity for which collection services are offered under the provisions of this Chapter regardless as to whether the occupant utilizes such services. The billing for such services shall be made to the person contracting for City water and/or sewage service. For each dwelling unit, commercial establishment and other entity for which collection service is offered and provided and for which such person is not a subscriber to the City water services, billing for solid waste disposal shall be billed separately and collected as any other bill for services. In the absence of information as to whether such person is either the owner or the tenant of such unit, billing therefore shall be made to the owner. Service charges shall be payable to the department empowered to collect service charges imposed by the City. Service charges will be billed with the City water bill or separate solid waste collection bill as deemed appropriate by the City Council and pursuant to this Chapter.
