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.
[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[2]]
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.
- COLLECTION
- 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.
- CONTRACTOR
- 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.
- DIRECTOR
- 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.
- LITTER
- 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.
- OCCUPANT
- 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.
- PERSON
- 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.
- PROCESSING
- Incinerating, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.
- REFUSE
- 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.
- STORAGE
- Keeping, maintaining or storing solid waste from the time of its production until the time of its collection.
- TRANSPORTATION
- 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.
[2]
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]
A.
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:
1.
Preparing, draining and wrapping of garbage deposited in solid waste
containers;
2.
Specifications for solid waste containers including the type, composition,
equipment, size and shape of containers;
3.
Identification of solid waste containers and the covers of containers
and of equipment pertaining to the containers, 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.
Schedules of and routes for collection and transportation of solid
waste;
8.
Collection points of solid waste containers;
9.
Collection, transportation, processing and disposal of solid waste;
10.
Processing facilities and fees for the use thereof;
11.
Disposal facilities and fees for the use thereof; and
12.
Handling of special wastes such as toxic wastes, sludges, ashes,
agriculture wastes, construction wastes, bulky items, tires, automobiles,
oils, greases, etc.
B.
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.
C.
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]
A.
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.
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 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.
C.
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.
D.
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.
E.
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]
A.
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.
B.
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.
C.
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.
D.
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.
E.
The
following collection frequencies shall apply to collections of solid
waste within the City:
1.
All residential solid waste shall be collected at least once weekly.
2.
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.
F.
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.
G.
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]
A.
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.
B.
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]
A.
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.
B.
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.
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.
B.
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.
C.
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.
D.
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.
E.
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]
A.
It shall be unlawful for any person to:
1.
Deposit solid waste in any other solid waste container other
than his/her own without the written consent of the owner of such
container;
2.
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;
3.
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]
A.
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.
B.
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.
[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]
A.
Each
applicant for the license required by this Chapter shall state in
his/her application the following:
1.
The nature of the license desired that will be to collect, transport,
process or dispose of solid waste or any combination thereof;
2.
The characteristics of solid waste to be collected, transported,
processed or disposed;
3.
The number of solid waste transportation vehicles to be operated
under such license;
4.
The precise location of solid waste processing or disposal facilities
to be used;
5.
The boundaries of the collection areas; and
6.
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.
