[R.O. 2009 § 220.010; R.O. 2007
§ 220.010; Ord. No. 1033, 9-8-1988]
As used in this Chapter, the following
terms shall have these prescribed meanings:
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 Bolivar, Missouri.
Removal of solid waste from the designated pickup location
to the transportation vehicle.
Missouri Hazardous Waste Management Commission.
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 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
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.
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.
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.
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.
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.
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. 2009 § 220.020; R.O. 2007
§ 220.020; Ord. No. 1033, 9-8-1988]
A.
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.
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.
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 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.
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.
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 seventy-five (75) pounds.
F.
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 225.1095 of the Bolivar Municipal Code.
G.
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. 2009 § 220.030; R.O. 2007
§ 220.030; Ord. No. 1033, 9-8-1988]
A.
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.
B.
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.
C.
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:
1.
The nature of the permit desired;
2.
The characteristics of solid waste
to be collected, transported, processed or disposed;
3.
The number of solid waste transportation
vehicles to be operated thereunder;
4.
The precise location or locations
of solid waste processing or disposal facilities to be used; and
5.
The boundaries of the collection
area.
D.
The Director shall issue a permit if he/she
shall be satisfied of the following:
1.
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.
2.
The vehicle or vehicles proposed
to be used by the applicant to haul solid waste bear a current Sate
of Missouri safety check certificate.
3.
The vehicles are otherwise in good
repair and when operated under normal conditions do not emit unreasonably
loud or disturbing noises.
4.
The vehicles are clean and sanitary
and so constructed as to reasonably prevent spillage of load therefrom.
5.
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.
6.
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.
7.
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.
8.
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.
9.
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.
F.
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.
G.
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.
H.
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:
1.
The licensee need not use a vehicle described in Section 220.030(D)(5), but must use a vehicle designed to and which in fact does prevent spillage of waste from the vehicle.
2.
The licensee need not file a surety bond as required in Section 220.030(D)(8).
[R.O. 2009 § 220.040; 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. 2009 § 220.050; R.O. 2007
§ 220.050; Ord. No. 1033, 9-8-1988]
A.
All licensees shall comply with the following
provisions as a condition to satisfactory performance under the provisions
of this Chapter:
1.
To maintain in effect the surety bond required by Section 220.030(D)(8) hereof.
2.
To maintain in effect at all times the liability policy required by the provisions of Section 220.030(D)(9) hereof.
3.
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.
5.
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.
6.
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.
7.
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.
8.
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. 2009 § 220.060; 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. 2009 § 220.070; R.O. 2007
§ 220.070; Ord. No. 1033, 9-8-1988]
A.
It shall be unlawful for any person to
dispose of any solid waste except:
[R.O. 2009 § 220.080; R.O. 2007
§ 220.080; Ord. No. 1033, 9-8-1988]
A.
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 ensure that none
of the material being transported shall spill upon the public rights-of-way.
B.
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. 2009 § 220.090; R.O. 2007
§ 220.090; Ord. No. 1033, 9-8-1988]
A.
The Director shall make, amend, revoke
and enforce reasonable 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.
Collection, transportation, processing
and disposal of solid waste.
8.
Handling of special wastes such as
sludges, ashes, agriculture, construction, bulky items, tires, automobiles,
oils, greases, etc.
[R.O. 2009 § 220.100; R.O. 2007
§ 220.100; Ord. No. 1033, 9-8-1988]
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.
2.
Fail to have solid waste collected
or disposed of as provided in this Chapter.
3.
Interfere in any manner with solid
waste collection and transportation equipment or with solid waste
collectors in the lawful performance of their duties.
4.
Burn commercial solid waste unless
an approved incinerator is provided or unless a variance has been
obtained from the appropriate air pollution control agency.
5.
Dispose of solid waste at any facility
or location which is not approved by the City and the Missouri Department
of Natural Resources.
6.
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.
[Ord. No. 3669, 7-13-2021]
A.
Use
of any designated yard waste, brush, tree, tree limb, tree stump,
tree root, shrub, or shrub root disposal or dumping site owned by
the City of Bolivar to dispose of debris generated from non-commercial
properties shall be limited to those persons:
B.
Use
of any designated yard waste, brush, tree, tree limb, tree stump,
tree root, shrub, or shrub root disposal or dumping site owned by
the City of Bolivar to dispose of debris generated from commercial
properties shall be limited to those persons or entities:
1.
Possessing commercial property located in the City limits of the
City of Bolivar; and
2.
Disposing of debris generated from the commercial property that is
located in the City of Bolivar.
|
Employees of businesses meeting the above qualifications may
bring the debris to the site for their employer.
|
C.
Except for those persons meeting the criteria of Subsection (B) of this Section, no person or entity shall use or have permission to enter any designated yard waste, brush, tree, tree limb, tree stump, tree root, shrub, or shrub root disposal or dumping site owned by the City of Bolivar for the purpose of disposing of debris if such person or entity is a contractor, service provider, or has otherwise been hired in connection with the generating, hauling or disposal of such debris.
E.
The
City Administrator may establish and amend from time-to-time operating
rules and disposal fees for the use of the City of Bolivar's yard
waste, brush, tree, tree limb, tree stump, tree root, shrub, or shrub
root disposal or dumping sites. Any such operating rules or disposal
fees will be kept on file in the City Clerk's office and made available
for public inspection. Any such operating rules or disposal fees may
additionally be posted at the disposal site.
F.
Nothing
in this Section shall be construed as abandoning or limiting the City's
right to bring suit to enjoin repeated unlawful entries or debris
disposal at the City of Bolivar's yard waste, brush, tree, tree limb,
tree stump, tree root, shrub, or shrub root disposal or dumping sites,
in any court of competent jurisdiction in the name of the City against
the person or entities making such repeated unlawful entries or debris
disposal.
[R.O. 2009 § 220.110; 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.
