[CC 2001 §230.010; Ord. No. 852 §1, 4-9-1987]
For the purposes of this Chapter, the following terms shall be deemed to have the meanings indicated below:
- 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 Edmundson, Missouri.
- Removal of solid waste from its place of storage to the transportation vehicle.
- COMMERCIAL SOLID WASTE
- All solid waste generated from a source other than a dwelling unit.
- Such person, firm or corporation as may be contracted with to provide solid waste transportation and disposal for the City.
- A location adjacent to and not more than five (5) feet from any street.
- DEMOLITION AND CONSTRUCTION WASTE
- Waste materials from the construction or destruction of residential, industrial or commercial structures.
- The Director of the Solid Waste Management Program of the City shall be that person named each year by the Board of Aldermen.
- DISPOSABLE SOLID WASTE CONTAINER
- Disposable plastic or paper sacks with a capacity of twenty (20) to thirty-nine (39) gallons, or if specifically designated for storage of solid waste, a maximum of fifty-five (55) gallons.
- 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. Units of multiple-housing facilities may be billed as dwelling units upon request by the owner of said dwelling units.
- Putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, serving or consumption of food.
- HAZARDOUS WASTES
- Any waste or combination of wastes, as determined by the Hazardous Waste Management 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.
- MAJOR APPLIANCES
- Clothes washers and dryers, water heaters, trash compactors, dishwashers, microwave ovens, conventional ovens, ranges, stoves, wood stoves, air-conditioners, refrigerators and freezers.
- 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 natural individual, firm, partnership, trust, association or corporation. 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.
- PROHIBITED ITEMS
- Items which are eliminated by State law from being disposed of in a solid waste disposal area including, but not limited to, major appliances, waste oil, lead acid batteries, waste tires and the like as the same may be now or hereafter defined by State law.
- RESIDENTIAL SOLID WASTE
- Solid waste resulting from the maintenance and operation of dwelling units.
- 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. Solid waste does not include "Yard Waste" as defined herein.
- 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 disposition 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.
- 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 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.
[CC 2001 §230.020; Ord. No. 852 §2(2.5, 2.6), 4-9-1987]
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 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 of every dwelling unit and of every institutional, commercial, business, industrial or agricultural establishment shall place all solid waste to be collected in proper solid waste containers and shall maintain such solid waste containers and the area surrounding them in a clean, neat and sanitary condition at all times. Accumulation of waste in suitable containers shall not be stored upon any site in the City for a period longer than seven (7) days.
Residential solid waste shall be stored in containers as provided by the current solid waste hauler or of not more than thirty-nine (39) gallons nor less than twenty (20) gallons in nominal capacity, except that residential solid waste may be stored in trash bags of adequate strength in a size not to exceed fifty-five (55) gallons. All containers, including bags, shall be leak-proof and water-proof, fly-tight and properly covered, tied or enclosed, except when depositing waste therein or removing the contents thereof. Containers other than bags shall have handles, bails or other suitable lifting devices or features. Containers other than bags 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, including bags and its 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 in addition to bags. Disposable solid waste containers with suitable frames or containers as approved by the City may also be used for storage of residential solid waste. Galvanized metal containers or rubber, fiberglass or plastic containers with suitable frames or containers as approved by the City may also be used for storage of residential solid waste.
Commercial solid waste shall be stored in solid waste containers as approved by the Board. 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 Section 230.070.
Tree limbs less than four (4) inches in diameter and brush shall be securely tied in bundles not larger than thirty-six (36) inches long and eighteen (18) inches in diameter when not placed in storage containers. The weight of any individual bundle shall not exceed fifty (50) 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.
Solid waste containers which are not approved will be collected together with their contents and disposed of.
[CC 2001 §230.030; Ord. No. 852 §3, 4-9-1987; Ord. No. 1229 §1, 8-12-2004; Ord. No. 1251 §1, 9-8-2005]
The City shall provide for the collection of solid waste as follows:
Collection of residential solid waste. The City shall provide for the collection of residential 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.
Other collections. The City may, at its discretion, provide commercial solid waste collection services upon specific application of the owners or persons in charge thereof. However, in the event that such application is not made or approved, it shall be the duty of such establishment to provide for collection of all solid waste produced upon any such premises in a manner approved by City. If and when the City does provide commercial collection service, the provisions herein concerning such service shall apply.
All solid waste from premises to which collection services are provided by the City shall be collected, except bulky rubbish as defined herein. Bulky rubbish will be collected in accordance with the rules and regulations as promulgated by the Director.
Tree limbs and yard wastes, as described in Section 230.020 (E) and (F) respectively, shall be placed at the curb for collection. Solid waste containers as required by this Chapter for the storage of other residential solid waste shall be placed at the curb for collection. Any solid waste containers, tree limbs, yard wastes, or other solid waste permitted by this Chapter to be placed at the curb for collection shall not be so placed until the regularly scheduled collection day.
Bulky rubbish shall be periodically collected.
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.
The following collection frequencies shall apply to collections of solid waste within the City.
All residential solid waste, other than bulky rubbish, shall be collected at least once weekly. All commercial solid waste shall be collected at least twice weekly and shall be collected at such intervals as may be fixed by the Director or requested by the commercial establishment upon a determination that such intervals are necessary for the preservation of the health and/or 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; fully accessible to collection equipment, public health personnel and fire inspection personnel.
Solid waste collectors, employed by the City or a solid waste collection agency operating under contract with the City, shall be responsible for the collection of solid waste from the designated pickup location to the transportation vehicle provided the solid waste was stored in compliance with the provisions set forth in this Chapter. 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.
No solid waste collector, regardless of whether the collector is under contract with the City or with a private person or entity, shall engage in the collection of solid waste utilizing a front-load dumpster from any property within the City of Edmundson between the hours of 9:00 P.M. and 7:00 A.M. on weekdays or between the hours of 9:00 P.M. Friday and 8:00 A.M. Saturday or between the hours of 9:00 P.M. Saturday and 8:00 A.M. Sunday.
No solid waste collector, regardless of whether the collector is under contract with the City or with a private person or entity, shall engage in other methods of collection of solid waste from any property within the City of Edmundson between the hours of 9:00 P.M. and 6:00 A.M. on weekdays or between the hours of 9:00 P.M. Friday and 8:00 A.M. Saturday or between the hours of 9:00 P.M. Saturday and 8:00 A.M. Sunday.
[CC 2001 §230.040; Ord. No. 852 §4, 4-9-1987]
All transportation vehicles shall be maintained in a safe, clean and sanitary condition and shall be so constructed, maintained and operated as to prevent spillage of solid waste therefrom. All vehicles to be used for transportation of solid waste shall be constructed with water-tight bodies and with covers which shall be an integral part of the vehicle or shall be a separate cover of suitable material with fasteners designed to secure all sides of the cover to the vehicle and shall be secured whenever the vehicle is transporting solid waste or, as an alternative, the entire bodies thereof shall be enclosed with only loading hoppers exposed. No solid waste shall be transported in the loading hoppers.
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.
Transportation and disposal of demolition and construction wastes shall be in accordance with this Section and Section 230.050. A permit shall not be required for the hauling of demolition and construction waste, 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 2001 §230.050]
Solid wastes shall be deposited at a processing facility or disposal area approved by the City and complying with all requirements of the Missouri Solid Waste Management Law, Sections 260.200 to 260.255, RSMo., and the rules and regulations adopted thereunder. The City may designate the processing or disposal facility to be utilized by persons holding permits under this Chapter.
The Board may classify certain wastes as hazardous wastes which will require special handling and shall be disposed of only in a manner acceptable to the Board which will meet all local, State and Federal regulations.
[CC 2001 §230.060]
The Director may make, amend, revoke and enforce reasonable and necessary 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.
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.
Records of quantity and type of wastes received at processing and/or disposal facilities.
Handling of special wastes such as toxic wastes, sludge, ashes, agriculture, construction, bulky items, tires, automobiles, oils, greases, etc.
The City Clerk or such other City Official who is responsible for preparing utility or other service charge billings for the City 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 hereinafter provided for, subject to the approval of the Board.
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 2001 §230.070; Ord. No. 852 §8, 4-9-1987]
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 and/or with the intent of avoiding payment of the service charge hereinafter provided for solid waste collection and disposal.
Fail to have solid waste collected 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 as such, whether such equipment or collectors shall be those of the City, those of a solid waste collection agency operating under contract with the City, or any duly licensed collector.
Burn 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 Division of Health.
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 2001 §230.080; Ord. No. 852 §10, 4-9-1987]
The City may require performance bonds in the amount to be determined in its discretion for permits to collect and transport solid waste and to operate disposal facilities.
[CC 2001 §230.090]
There is hereby imposed for the collection and disposal of solid wastes and for the improvement of the general public and environment a service charge for each dwelling unit to which such service shall be provided under the provisions of this Chapter. Said service charge shall be set by the Board of Aldermen from time to time per dwelling unit.
The system of services established by the provisions of this Chapter hereof is designated as an integral part of the City's program of health, sanitation and general welfare to be operated as an adjunct to the City's system for providing all manner of utilities services. The City may enforce collection of such charges by bringing proper legal action against the occupant of the premises which has received such services to recover any sums due for such services plus a reasonable attorney's fee to be fixed by the court, plus the cost of such action.
The service charge herein provided for is hereby imposed upon the occupant of each occupied dwelling unit and the billing therefor shall be made to the person contracting for City utilities of any kind to each such dwelling unit. In the event a dwelling unit is not serviced by City utilities or in the absence of information that such person is neither the owner or the tenant of such dwelling unit, then billing therefor shall be made to the owner. Service charges shall be payable to the City of Edmundson, Missouri.
The City shall include the foregoing service charge on its utility bill as a separate charge, which shall be paid on or before the fifteenth (15th) of the following month.
The City shall provide any contractor hereunder with a monthly statement showing the number of dwelling units, together with all additions and deletions.
[CC 2001 §230.100; Ord. No. 852 §9, 4-9-1987]
Any person violating any of the provisions of this Chapter, or any lawful rules or regulations promulgated pursuant thereto, upon conviction shall be punished by a fine of not less than five dollars ($5.00) nor more than one thousand dollars ($1,000.00); provided that each day's violation thereof shall be a separate offense for the purpose hereof.
[CC 2001 §230.110; Ord. No. 936 §1, 3-14-1991; Ord. No. 1139 §1, 2-8-2001]
Any person within the City who shall permit garbage, trash, cinders, refuse matter or waste of any kind to accumulate upon his/her premises or upon premises under his/her control in such a way or to such an extent so as to be injurious to the public health shall be deemed guilty of an ordinance violation. All persons shall have the same collected or otherwise disposed of in accordance with the laws of the City, and pending collection or other disposition of same, the same shall be kept within a tightly closed container.
All trash containers shall have tight fitting lids. Lids shall not be required on containers that contain tree limbs only, as long as limbs are cut to the length required by the City's trash hauler. The containers shall be placed at the curb of the residence no earlier than 12:00 Noon the day before the trash pickup day. The trash containers must be removed from the residence curb as soon as possible on the day of the trash pickup, but no later than 8:00 A.M. on the following morning.
Except for up to two (2) trash containers, which may be visible from the street but which must be kept behind the building line, all trash containers shall not be visible from the street.
Upon neglect of requirements of this Section by a resident, a warning shall be issued for failure of ordinance compliance. The officer may grant from one (1) to seven (7) days for the resident to be compliant, after which time a summons will be issued. After initial warning, no other warning shall be issued for a minimum of one (1) year.