[R.O. 2007 §220.010; Ord. No. 1033, 9-8-1988]
As used in this Chapter, the following terms shall have these prescribed meanings:
- APPROVED INCINERATOR
- An incinerator which complies with all current regulations of the responsible local, State and Federal air pollution control agencies.
- BULKY RUBBISH
- Non-putrescible solid wastes consisting of combustible and/or non-combustible waste materials from dwelling units, commercial, industrial, institutional or agricultural establishments which are either too large or too heavy to be safely and conveniently loaded in solid waste transportation vehicles by solid waste collectors with the equipment available therefor.
- The City of Bolivar, Missouri.
- Removal of solid waste from the designated pickup location to the transportation vehicle.
- Missouri Hazardous Waste Management Commission.
- DEMOLITION AND CONSTRUCTION WASTE
- Waste materials from the construction and demolition of residential, industrial, or commercial structures, but shall not include materials defined as clean fill under this Section.
- The Director of the Solid Waste Management Program of the City shall be the Director of Public Works.
- DISPOSABLE SOLID WASTE CONTAINER
- Disposable plastic or paper sacks with a capacity of twenty (20) to thirty-five (35) gallons specifically designed for storage of solid waste.
- DWELLING UNIT
- Any room or group of rooms located within a structure and forming a single habitable unit with facilities which are used or are intended to be used for living, sleeping, cooking and eating.
- HAZARDOUS WASTE
- Any waste or combination of wastes, as determined by the 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.
- 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.
- 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 collections.
- SOLID WASTE DISPOSAL
- The process of discarding or getting rid of unwanted material. In particular the final deposition of solid waste by man.
- SOLID WASTE MANAGEMENT SYSTEM
- 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.
- SOLID WASTE PROCESSING FACILITY
- Any facility where solid wastes are salvaged and processed, including:
- Keeping, maintaining or storing 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.
- YARD WASTES
- 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. 2007 §220.020; Ord. No. 1033, 9-8-1988]
The occupant or owner of every dwelling unit and of every institutional, commercial or business, industrial or agricultural establishment producing solid waste within the corporate limits of the City shall provide sufficient and adequate containers for the storage of all solid waste except bulky rubbish and demolition and construction waste to serve each such dwelling unit and/or establishment and to maintain such solid waste containers at all times in good repair.
The occupant or owner of every dwelling unit and of every institutional, commercial, industrial, agricultural or business establishment shall place all solid waste to be collected in proper solid waste containers, except as otherwise provided herein, and shall maintain such solid waste containers and the area surrounding them in a clean, neat and sanitary condition at all times.
Residential solid waste shall be stored in containers 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.
Commercial solid waste shall be stored in solid waste containers 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.
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.
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. This Section shall not be construed so as to prevent the disposal of leaves in the manner authorized by Section 225.373 of the Bolivar Municipal Code.
Solid waste containers which do not meet the specifications as outlined in this Section will be collected together with their contents and disposed of.
[R.O. 2007 §220.030; Ord. No. 1033, 9-8-1988]
The City shall provide for the collection of solid waste by licensing private businesses to collect, transport, process and dispose of solid waste subject to all of the terms, provisions and requirements contained herein.
In addition to any and all other licenses and permits required by the City, no person shall engage in the business of collecting, transporting, processing or disposing of solid waste generated by another person from or to the corporate limits of the City without first obtaining an annual permit therefor from the City; provided however, that this provision shall not be deemed to apply to employees of the holder of any such permit.
Any person, firm or corporation desiring a license to collect, transport, process or dispose of solid waste within or from the corporate limits of the City of Bolivar shall make application therefor to the Director upon forms to be provided by him/her setting forth the following information in addition to such additional information as the Director may require:
The nature of the permit desired;
The characteristics of solid waste to be collected, transported, processed or disposed;
The number of solid waste transportation vehicles to be operated thereunder;
The precise location or locations of solid waste processing or disposal facilities to be used; and
The boundaries of the collection area.
The Director shall issue a permit if he/she shall be satisfied of the following:
The applicant will collect, transport, process or dispose of solid waste 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 vehicle or vehicles proposed to be used by the applicant to haul solid waste bear a current Sate of Missouri safety check certificate.
The vehicles are otherwise in good repair and when operated under normal conditions do not emit unreasonably loud or disturbing noises.
The vehicles are clean and sanitary and so constructed as to reasonably prevent spillage of load therefrom.
Except as otherwise specifically provided in this Chapter, such vehicles are of the type commonly known as "packer trucks"; that is that such vehicles are constructed with watertight bodies and with covers which are an integral part of the vehicle.
The portion of the vehicle in which solid waste will be contained is constructed of metal or non-porous material capable of being readily cleaned and kept sanitary.
Each vehicle to be operated by the licensee contains a broom and shovels so that the licensee can collect any and all scattered waste which results from the licensee's loading and collection operation.
Except as otherwise specifically provided in this Chapter, applicants for licenses have a corporate surety bond to be approved by the City Attorney in the sum of ten thousand dollars ($10,000.00) to guarantee to the City the full and faithful performance of the contractor's duties as provided by this Chapter.
The licensee has procured and filed evidence with the Director of a public liability insurance policy satisfactory to the City Attorney covering all operations of the applicant pertaining to such business and all vehicles to be operated and the conduct thereof in the amount of not less than one million dollars ($1,000,000.00) combined single limit. Such policy may be written to allow the first two thousand five hundred dollars ($2,500.00) of liability for damage to property to be deductible. Should any such policy be canceled, the policy shall contain a provision which shall require notification to the Director of such cancellation by the insurance carrier, in writing, not less than ten (10) days prior to the effective date of such cancellation.
License issued hereunder shall be for a period of twelve (12) months unless sooner suspended or revoked and shall be renewable upon reapplication and continued compliance with this Chapter. A fee of fifteen dollars ($15.00) shall be paid by each licensee annually prior to a license being issued.
All vehicles of a licensee hereunder shall have prominently displayed thereon in a location determined by the Director. A license or other identifying sticker or tag to be issued by the Director upon a finding that the vehicle is in compliance with this Chapter.
The permit issued hereunder may be renewed upon payment of the fee or fees designated herein if the business continues to meet all of the requirements of this Chapter. The Director may require such evidence of compliance with the provisions of this Chapter as is necessary to make a determination of continued compliance.
The Director is hereby authorized to issue a license to any person for the limited purpose of hauling bulky waste within or from the City limits upon compliance by the proposed licensee with all of the terms of Section 220.030 of this Chapter except as follows:
[R.O. 2007 §220.040; Ord. No. 1033, 9-8-1988]
The Director may revoke the license of any licensee prior to its expiration in the event that he/she determines that the licensee is not in compliance with any of the terms and provisions of this Chapter. Prior to revoking such permit, the Director shall send written notice to the licensee of the discrepancies or deficiencies under the provisions of this Chapter and shall provide the licensee a period of time which shall be not less than five (5) nor more than twenty (20) days from the date of the notice to correct such deficiencies. If the licensee shall fail to correct the deficiencies within the time permitted by the Director, the Director may revoke the license of the licensee and the licensee shall not thereafter be permitted to collect, transport, process or dispose of solid waste within or from the corporate limits of the City, unless the licensee shall reapply to the Director and upon making such application shall produce evidence that he/she is then in compliance with the provisions of this Chapter, including the payment of a new permit fee. A licensee may appeal the determination of the Director within ten (10) days following the date of the notice of revocation by the Director upon filing of the request for hearing before the Board of Aldermen, such notice to be filed with the City Clerk. The licensee shall be permitted to continue to operate in accordance with the existing license pending such hearing and findings by the Board of Aldermen, provided however, that the licensee shall immediately cease all operations pending such hearing if any of his/her deficiencies consist of failure to maintain a performance bond as required by the provisions of Section 220.030(D)(8) hereof or his/her failure to maintain liability insurance in accordance with the provisions of Section 220.030(D)(9) hereof. Any appeal shall be heard by the Board of Aldermen within twenty (20) days from the date of filing thereof. Evidence shall be heard by the Board informally without regard to technical rules of evidence, but the Board of Aldermen may give such weight to any evidence produced to it as the Board in its collective judgment deems appropriate. The Board shall render its decision within ten (10) days following the date of hearing and written notice of such decision shall be given to the licensee. All notices provided pursuant to the provisions of this Section shall be sent certified or registered to the address shown by the licensee on its license application or as it may otherwise direct in writing, postage fully prepaid. Delivery shall be deemed made upon mailing if notices are properly addressed and posted.
[R.O. 2007 §220.050; Ord. No. 1033, 9-8-1988]
All licensees shall comply with the following provisions as a condition to satisfactory performance under the provisions of this Chapter:
To maintain in effect at all times the liability policy required by the provisions of Section 220.030(D)(9) hereof.
To maintain all transportation vehicles in a safe, clean and sanitary condition and shall be constructed, maintained and operated so as to prevent spillage of solid waste therefrom.
To deposit all solid waste at a processing facility or disposal area approved by the City and complying with all requirements in Missouri Solid Waste Management Law, Section 260.200 to Section 260.245, RSMo., and the rules and regulations adopted thereunder.
To provide service to all residential, commercial or industrial customers who may desire such service, so long as the customer shall remain current in the payment of the charge established by the licensee and so long as the customer shall meet the reasonable requirements of the licensee.
In the event of disagreement as to whether any requirement of the licensee is reasonable, it shall be the duty of the Director to determine such reasonableness.
To maintain continuous service to all residential, commercial or industrial customers for the period for which the license is issued except for good cause shown.
To file and maintain with the Director a current listing of prevailing charges established by the licensee for hauling of residential solid waste.
[R.O. 2007 §220.060; Ord. No. 1033, 9-8-1988]
All licensees under this Chapter shall collect residential solid waste (other than bulky rubbish) at least once weekly. 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 the determination that such lesser intervals are necessary for the preservation of the health and/or safety of the public. All bulky waste shall be collected at least annually. If no licensee shall apply for a bulky waste permit or if no solid waste disposal licensee under Section 220.030 shall also provide bulky waste disposal, the Director shall be authorized to make such arrangement as he/she deems necessary and appropriate to provide for bulky waste disposal in accordance with the provisions of this Subsection.
[R.O. 2007 §220.070; Ord. No. 1033, 9-8-1988]
It shall be unlawful for any person to dispose of any solid waste except:
[R.O. 2007 §220.080; Ord. No. 1033, 9-8-1988]
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 to assure that none of the material being transported shall spill upon the public rights-of-way.
Demolition and construction waste shall be transported to a disposal area complying with all requirements of the Missouri Solid Waste Management Law, Section 260.200 to Section 260.245, RSMo. A permit shall not be required for the hauling of demolition and construction wastes, however, all such material shall be conveyed in tight vehicles, trucks or receptacles so constructed to assure that none of the material being transported shall spill upon the public right-of-way.
[R.O. 2007 §220.090; Ord. No. 1033, 9-8-1988]
The Director shall make, amend, revoke and enforce reasonable rules and regulations governing, but not limited to:
Preparation, drainage and wrapping of garbage deposited in solid waste containers.
Specifications for solid waste containers, including the type, composition, equipment, size and shape thereof.
Identification of solid waste containers and of the covers thereof and of equipment thereto appertaining, if any.
Weight limitations on the combined weight of solid waste containers and the contents thereof and weight and size limitations on bundles of solid waste too large for solid waste containers.
Storage of solid waste in solid waste containers.
Sanitation, maintenance and replacement of solid waste containers.
Collection, transportation, processing and disposal of solid waste.
Handling of special wastes such as sludges, ashes, agriculture, construction, bulky items, tires, automobiles, oils, greases, etc.
[R.O. 2007 §220.100; Ord. No. 1033, 9-8-1988]
It shall be unlawful for any person to:
Deposit solid waste in any solid waste container other than his/her own without the written consent of the owner of such container.
Fail to have solid waste collected or disposed of as provided in this Chapter.
Interfere in any manner with solid waste collection and transportation equipment or with solid waste collectors in the lawful performance of their duties.
Burn commercial solid waste unless an approved incinerator is provided or unless a variance has been obtained from the appropriate air pollution control agency.
Dispose of solid waste at any facility or location which is not approved by the City and the Missouri Department of Natural Resources.
Engage in the business of collecting, transporting, processing or disposing of solid waste generated by another person 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 unless otherwise permitted under this Chapter.
[R.O. 2007 §220.110; Ord. No. 1033, 9-8-1988]
Any person violating any of the provisions of this Chapter or any lawful rule or regulation promulgated pursuant hereto shall upon conviction be deemed guilty of an ordinance violation and shall be punished as provided by Section 100.220 of this Code.