Cross References — Building codes, ch. 500; floodplain management, ch. 420; littering, §§215.170 — 215.180; planning, ch. 400; plumbing code, §§500.210 et seq.; streets and sidewalks, ch. 510; water, ch. 705; sewers and sewage disposal, ch. 710; subdivision regulations, ch. 410; zoning regulations, ch. 405.
Section 235.110 License Required To Engage in Business of Collecting, Disposing, Etc., of Solid Waste.
[R.O. 2008 §235.010; CC 1968 §13-1; CC 1988 §13-26; Ord. No. 6611 §1, 6-12-2000; Ord. No. 24-2007 §12, 12-13-2007; Ord. No. 14-2018, 10-24-2018]
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
- BULKY RUBBISH
- Non-putrescible solid waste consisting of combustible and non-combustible waste materials from dwelling units or from commercial, industrial, institutional or agricultural establishments which is 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.
- Removal of solid waste from its place of storage to the transportation vehicle.
- COMMERCIAL SOLID WASTE
- Solid waste resulting from the operation of any commercial, industrial, institutional or agricultural establishment and multiple-housing facilities with more than two (2) dwelling units.
- Solid waste collection company which holds a contract with the City of Louisiana.
- DEMOLITION AND CONSTRUCTION WASTE
- Waste materials from the construction or destruction of structures.
- The director of the solid waste management program of the City who shall be the City Administrator.
- DISPOSABLE SOLID WASTE CONTAINER
- A disposable plastic or paper sack 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 that forms a single habitable unit with facilities which are used or are intended to be used for living, sleeping, cooking and eating.
- HAZARDOUS WASTES
- 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.
- Shall include, without excluding other substances, any refuse, trash, garbage, cans, lumber, tree limbs, yard wastes, glass, glass bottles, wire, nails, tacks, hedge clippings, rubbish or waste material of any kind whatsoever.
- MULTIPLE-HOUSING FACILITY
- A housing facility containing more than two (2) dwelling units under one (1) roof.
- Any person who, alone, 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, limited liability company, corporation, association, trust, institution, City, County, other political subdivision, authority, State agency or institution, or Federal agency or institution, or any other legal entity. 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.
- Solid waste.
- RESIDENTIAL SOLID WASTE
- Solid waste resulting from the maintenance and operation of dwelling units excluding multiple-housing facilities with more than two (2) dwelling units.
- 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
- A receptacle used by any person to store solid waste during the intervals between solid waste collections.
- SOLID WASTE DISPOSAL
- The process of discarding or getting rid of unwanted material; in particular, the final disposition of solid waste by man.
- SOLID WASTE MANAGEMENT
- A solid waste disposal area which also includes one (1) or more of the functions contained in the definitions of recycling, resource recovery facility, waste tire collection center, waste tire processing facility, waste tire site or solid waste processing facility, excluding incineration.
- 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 its 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.
Editor's Note: The title of this Chapter was changed from Garbage, Trash and Refuse, to Solid Waste Collection And Disposal and the designation of Article I was removed as there was no Article II within the Chapter.
[R.O. 2008 §235.020; Code 1968 §13-7; CC 1988 §13-27; Ord. No. 14-2018, 10-24-2018]
The director, in conjunction with the contract/contractor, shall make, amend, revoke, and enforce reasonable and necessary rules and regulations governing, but not limited to:
Preparing, draining and wrapping of garbage deposited in solid waste containers;
Specifications for solid waste containers including the type, composition, equipment, size and shape of containers;
Identification of solid waste containers and the covers of containers and of equipment pertaining to the containers, 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;
Schedules of and routes for collection and transportation of solid waste;
Collection points of solid waste containers;
Collection, transportation, processing and disposal of solid waste;
Processing facilities and fees for the use thereof;
Disposal facilities and fees for the use thereof; and
Handling of special wastes such as toxic wastes, sludges, ashes, agriculture wastes, construction wastes, bulky items, tires, automobiles, oils, greases, etc.
The City of Louisiana Enterprise shall be responsible for preparing service, charge billings for the City and 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 provided in this Chapter.
A copy of any and all rules and regulations made and promulgated under the provisions of this Section shall be filed in the office of the City Clerk.
[R.O. 2008 §235.030; Code 1968 §13-2; CC 1988 §13-28; Ord. No. 14-2018, 10-24-2018]
The occupant of every dwelling unit and of every institutional, commercial, 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 demolition and construction waste, to serve each such dwelling unit and establishment. The occupant shall maintain such solid waste containers at all times in good repair.
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 in this Chapter, 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 in capacity. Containers shall be leakproof, waterproof, fitted with a fly-tight lid and shall be properly covered at all times except when depositing solid 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 light weight 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 the storage of residential solid waste.
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. The containers shall meet the requirements established pursuant to Section 235.020. Commercial solid waste collection shall be independently contracted.
All solid waste containers must be pre-approved by the contractor before collection will commence.
[R.O. 2008 §235.040; Code 1968 §13-3; CC 1988 §13-29; Ord. No. 14-2018, 10-24-2018]
The City shall provide for the collection of all residential solid waste in the City; by contracting with a company, person, County, other City or a combination thereof for the entire City or portions thereof as deemed to be in the best interest of the City.
All solid waste from premises for which collection services are provided by the City shall be collected weekly. Large, bulky items will be picked up at the contractor's discretion as agreed upon in the contract executed with the City. All solid waste collected shall, upon being loaded into transportation equipment, become the property of the collection agency or contractor.
Solid waste containers as required by this Chapter for the storage of other residential solid waste shall be placed at or near the rear of the building for collection. Any solid waste containers are to be placed at the curb for collection shall not be so placed until the regularly scheduled collection day.
Each solid waste collection agency operating under contract with the City is 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 by solid waste collectors upon written request by the owner.
The following collection frequencies shall apply to collections of solid waste within the City:
All residential solid waste shall be collected 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 a determination that such lesser intervals are necessary for the preservation of the health and safety of the public.
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 and shall be fully accessible to collection equipment, public health personnel and fire inspection personnel.
Solid waste collection agencies operating under contract with the City shall be responsible for the collection of solid waste from the point of collection to the transportation vehicle. 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.
[R.O. 2008 §235.050; Code 1968 §13-4; CC 1988 §13-30; Ord. No. 14-2018, 10-24-2018]
All transportation vehicles shall be maintained in a safe, clean and sanitary condition. All vehicles used for transportation of solid waste shall be constructed with water-tight bodies. The vehicle shall have a cover which shall be an integral part of the vehicle or which shall be a separate cover of suitable material with fasteners designed to secure all sides of the cover to the vehicle. The cover shall be secured whenever the vehicle is transporting solid waste or, as an alternative, the entire body thereof shall be enclosed with only the loading hopper exposed. No solid waste shall be transported in the loading hopper.
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. 2008 §235.060; Code 1968 §13-5; CC 1988 §13-31; Ord. No. 14-2018, 10-24-2018]
Solid waste shall be deposited at a processing facility or disposal area approved by the City and in compliance with all requirements of the Missouri Solid Waste Management Law, Sections 260.200 to 260.245, RSMo.
The contractor, with the approval of the City Council, may classify certain wastes as hazardous wastes that will require special handling. Such hazardous wastes shall be disposed of only in a manner acceptable to the contractor and in a manner that will meet all local, State and Federal regulations.
[R.O. 2008 §235.070; Code 1968 §13-9; CC 1988 §13-32; Ord. No. 14-2018, 10-24-2018]
A service charge for collection of residential solid waste shall be in an amount determined by the contractor, with the approval of the City Council, on the basis of quantity and characteristics of material, and point of pickup. The service charge for commercial establishments shall be determined by the contractor and commercial establishment.
The service and service charge shall be terminated upon presentation of satisfactory proof by the occupant or owner to the director that any such dwelling unit or commercial establishment is unoccupied, and the service and service charge shall be commenced upon renewed occupancy thereof.
A reduced service charge may be granted by the City of Louisiana Enterprise in hardship cases. A hardship shall be determined by the City of Louisiana Enterprise.
The system of services established by the provisions of this Chapter 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 service charges by bringing proper legal action against the occupant of any dwelling unit or occupant of any commercial establishment to recover any sums due for services plus a reasonable attorney's fee to be fixed by the court plus the cost of such action.
The service charge provided for in this Section is hereby imposed upon the occupant of each occupied dwelling unit and the billing shall be remitted to the contractor. The City shall charge a fee for collection of five percent (5%) that is deducted from the portion remitted to the contractor on a monthly basis. Service charges shall be payable to City of Louisiana Enterprise, and the City of Louisiana Enterprise shall take steps to collect all delinquent charges.
[R.O. 2008 §235.080; Code 1968 §13-8; CC 1988 §13-33; Ord. No. 24-2016 § 1, 6-20-2016; Ord. No. 14-2018, 10-24-2018]
It shall be unlawful for any person to:
Deposit solid waste in any other solid waste container other than his/her own without the written consent of the owner of such container;
Interfere in any manner with solid waste collection and transportation equipment or with any solid waste collector in the lawful performance of his/her duties as such, whether such equipment or collector shall be that of the City or that of a solid waste collection agency operating under contract with the City;
Dispose of solid waste at any facility or location that is not approved by the City and the State Department of Natural Resources.
[R.O. 2008 §235.090; Code 1968 §13-6; CC 1988 §13-34; Ord. No. 14-2018, 10-24-2018]
In order to ensure compliance with the laws of this State, this Chapter and the rules and regulations authorized by this Chapter, the director is authorized to inspect all phases of solid waste management within the City. 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 inspections reveal violation of this Chapter, the rules and regulations authorized by this Chapter for the storage, collection, transportation or disposal of solid waste or the laws of the State, the director shall issue notice for each such violation stating in the notice the violation found, the time, the date and the corrective measure to be taken together with the time in which such correction shall be made.
Any person who feels aggrieved by any notice of violation or order issued pursuant to the notice of the director may, within ten (10) days of the act for which redress is sought, appeal directly to the Circuit Court of the County, in writing, setting forth in a concise statement the act being appealed and the grounds for its reversal.
[R.O. 2008 §235.100; Code 1968 §13-10; CC 1988 §13-35; Ord. No. 14-2018, 10-24-2018]
Any person violating any of the provisions of this Chapter or any lawful rules and regulations promulgated pursuant to this Chapter shall, upon conviction in the Municipal Court, be punished as provided in Section 100.170 of this Code.
Section 235.110 License Required To Engage in Business of Collecting, Disposing, Etc., of Solid Waste.
[R.O. 2008 §235.110; Code 1968 §13-6(a); CC 1988 §13-51; Ord. No. 14-2018, 10-24-2018]
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 an annual City license.
[R.O. 2008 §235.120; Code 1968 §13-6(c); CC 1988 §13-52; Ord. No. 14-2018, 10-24-2018]
Each applicant for the license required by this Chapter shall state in his/her application the following:
The nature of the license desired that will be to collect, transport, process or dispose of solid waste or any combination thereof;
The characteristics of solid waste to be collected, transported, processed or disposed;
The number of solid waste transportation vehicles to be operated under such license;
The precise location of solid waste processing or disposal facilities to be used;
The boundaries of the collection areas; and
Such other information as required by the City.
[R.O. 2008 §235.130; Code 1968 §13-6(b); CC 1988 §13-53; Ord. No. 14-2018, 10-24-2018]
No license required by this Chapter shall be issued until and unless the applicant, in addition to all other requirements of this Chapter, shall file and maintain with the City evidence of a satisfactory public liability insurance policy providing coverage of at least three hundred thousand dollars ($300,000.00) per person, eight hundred thousand dollars ($800,000.00) per incident, plus fifty thousand dollars ($50,000.00) for property damage, plus Workers' Compensation insurance, covering all operations of the applicant pertaining to such business and all vehicles to be operated in the conduct of such business. Should any such policy be cancelled, the City shall be notified of such cancellation by the insurance carrier, in writing, not less than ten (10) days prior to the effective date of such cancellation, and provisions to that effect shall be incorporated in such policy which shall also place upon the company writing such policy the duty to give such notice.
[R.O. 2008 §235.140; Code 1968 §13-6(d); CC 1988 §13-54; Ord. No. 14-2018, 10-24-2018]
If the application for the license required by this Chapter shows that 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 and this Chapter, the City shall issue the license. The license shall be issued for a period of one (1) year, and each applicant for the license shall pay a fee in such amount as established by the City Council.
[R.O. 2008 §235.150; Code 1968 §13-6(e); CC 1988 §13-55; Ord. No. 14-2018, 10-24-2018]
If the application for the license required by this Chapter does not clearly show that the collection, transportation, processing or disposal of solid waste will create no public health hazard or will not be without harmful effects on the environment, the application shall be denied and the applicant notified by the City, in writing, stating the reason for such denial. Nothing in this Section shall prejudice the right of the applicant to reapply after the rejection of his/her application.
[R.O. 2008 §235.160; Code 1968 §13-6(f); CC 1988 §13-56; Ord. No. 14-2018, 10-24-2018]
The annual license required by this Chapter may be renewed simply upon payment of the fee required by Section 235.140 if the business has not been modified. If modifications have been made the applicant shall reapply. No license authorized by this Chapter shall be transferable from person to person.