Article I Solid Waste Collection
Article II Oversized Waste Containers
[Ord. No. 1006 §2, 9-1-1983]
For the purposes of this Article, the following terms shall be deemed to have the meaning indicated below:
- APPROVED INCINERATOR
- An incinerator which complies with all current regulations of the responsible local and State 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 Woodson Terrace, Missouri.
- Removal of solid waste from its place of storage to the transportation vehicle.
- CONSTRUCTION AND DEMOLITION WASTE
- Waste materials from the construction and demolition of residential, industrial, or commercial structures, but shall not include materials defined as clean fill under Section 260.200, RSMo.
- The Director of the Solid Waste Management Program of the City, or his/her authorized representative.
- DISPOSAL SOLID WASTE CONTAINER
- Disposal 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.
- 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 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 an 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.
- Incinerating, composing, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.
- Solid waste.
- 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 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 of 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.
[Ord. No. 1006 §3, 9-1-1983]
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, 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 capacity and of water-tight construction with a tight fitting lid, and tapered sides with handles sufficiently strong for the workmen to empty conveniently and weighing, with contents, not more than fifty (50) pounds, and be maintained in good sanitary condition. Disposable bags as approved by the City may be used.
In addition to the foregoing, a container may have a capacity in excess of thirty-five (35) gallons, but not to exceed ninety (90) gallon capacity and, further, not to exceed two hundred (200) pounds in weight when loaded, if the said container is mobile by the use of wheels attached thereto, is provided by the authorized solid waste collectors, and is adaptable to be unloaded mechanically by the refuse and trash collection trucks.
Commercial solid waste shall be stored in solid waste containers as approved by the Director of Public Works. 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 in Section 235.070.
Tree limbs, pipes and lumber 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.
Solid waste containers which are not approved will be collected together with their contents and disposed of.
All residential property owners shall pay for and maintain an active trash collection service with the solid waste collector operating under permit from the City. Any residential property owner who fails to have an active trash collection service with a company authorized by the City shall be in violation of this Subsection. The City shall not issue an occupancy permit for any residential occupancy unless and until the owner of said property shall provide proof that the owner has an active trash collection service contract or other arrangement with the trash collector operating under permit with the City.
[Ord. No. 1867 § 1, 6-19-2014]
[Ord. No. 1006 §4, 9-1-1983; Ord. No. 1101 §1, 11-21-1985]
All solid waste in the City shall be collected by private haulers operating under permits granted pursuant to the provisions of Section 235.060 hereof. The Director of Public Works as the Director of the plan shall promulgate such rules and procedures binding upon the holders of hauling permits to insure that means of collection of all solid wastes within the City is provided at all times.
All solid waste from premises to which collection services are provided by the permit haulers shall be collected, except bulky rubbish as defined herein, provided however, that bulky rubbish will be collected if tied securely in bundles not exceeding reasonable limitations of weight and bulk to be fixed by regulations to be made and promulgated by the Director of Public Works as hereinafter provided. All solid waste collected shall, upon being loaded into transportation equipment, become the property of the collection agency.
Tree limbs and yard wastes, as described in Section 235.020(E) and (F) respectively, shall be placed at the curb or alley for collection. Solid waste containers as required by this Article for the storage of other residential solid waste shall be placed at the curb or building line for collection as may be required by the collector's permit. Any solid waste containers, tree limbs, yard wastes, or other solid waste permitted by this Chapter to be placed at the curb or alley for collection shall not be so placed until the regularly scheduled collection day or not before 8:00 P.M. of the preceding day.
Bulky rubbish shall be collected by request to the Director of Public Works. The Director of Public Works shall establish the procedure for collecting bulky rubbish.
Solid waste collectors are hereby authorized to enter upon private property for the purpose of collecting solid waste therefrom as required by this Article. 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 of Public Works.
The following collection frequencies shall apply to collection of solid waste within the City. All residential solid waste, other than bulky rubbish, shall be collected at least two (2) times weekly. All commercial solid waste shall be collected at least two (2) times weekly. No collections shall be made on Sunday or legal holidays.
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 shall be responsible for the collection of solid waste from the point of collection to the transportation vehicle provided the solid waste was stored in compliance with Section 235.020(C — F) of this Article. 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.
All containers for garbage and rubbish shall be kept on the owners premises and not placed on any public street, alley or public property of any kind, provided that containers must be placed adjacent to the curb of public streets fronting the owners premises on collection days but not for any period in excess of twenty-four (24) hours. At all other times containers must be maintained in an inconspicuous place behind the front building line of the owners premises and shall be maintained in good and sanitary condition at all times.
[Ord. No. 1006 §5, 9-1-1983]
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 alternate, 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.
[Ord. No. 1006 §6, 9-1-1983]
Solid wastes shall be deposited at a processing facility or disposal area approved by the City and complying with all requirements of the Missouri Division of Health.
The Director of Public Works may classify certain wastes as hazardous waste which will require special handling and shall be disposed of only in a manner acceptable to the Director of Public Works and which will meet all local, State and Federal regulations.
[Ord. No. 1006 §7, 9-1-1983; Ord. No. 1593 §2, 1-23-2003]
No person shall engage in the business of collecting, transporting, processing or disposing of solid waste within the corporate limits of the City after July 1, 1983 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.
No permit shall be issued and no contract entered into for collection of solid waste in the City until and unless the applicant therefor, in addition to all other requirements set forth, shall file and maintain with the City satisfactory evidence of a public liability insurance policy covering all operations of such applicant pertaining to such business and all vehicles to be operated in the conduct whereof with limits of not less than two million dollars ($2,000,000.00) for injury and damages to any one (1) person or property and five million dollars ($5,000,000.00) for injuries and damages to all persons and property in any one (1) occurrence. Contractor further agrees to indemnify and hold harmless the City from any loss the City may sustain as a result of claims for damages against the City arising out of contractor's operation. Contractor shall file with the City Clerk, certificates of insurance from a qualified insurance carrier authorized to do business in the State of Missouri showing coverage in compliance with this paragraph prior to the effective date of such contract.
Each applicant for any such permit shall state in his/her application therefor:
The nature of the permit desired, as 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 thereunder;
The premises location or locations of solid waste processing or disposal facilities to be used;
Boundaries of the collection area; and
Such other information as required by the Director of Public Works.
If the application shows that the applicant will collect, transport, process or dispose of solid wastes without hazard to the public health or damage the environment and in conformity with the laws of the State of Missouri and this Chapter, the Director of Public Works shall issue the permit authorized by this Chapter. The permit shall be issued for a period of one (1) year. If, in the opinion of the Director of Public Works, modification can be made to the application regarding service, equipment, or mode of operation, so as to bring the application within the intent of this Chapter, the Director of Public Works shall notify the applicant in writing setting forth the modification to be made and the time in which it shall be done.
If the applicant does not make the modifications pursuant to the notice in Subsection (D) within the time limit specified therein, or if the application does not clearly show that the collection, transportation, processing or disposal of solid wastes will create no public health hazard or be without harmful effects on the environment, the application shall be denied and the applicant notified by the Director of Public Works 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 provided that all aspects of the re-application comply with the provisions of this Chapter.
The annual permit may be renewed simply upon payment of the fee or fees as designated herein if the business has not been modified. If modifications have been made, the applicant shall reapply for a permit as set forth in Subsections (B) and (C) of this Section. No permits authorized by this Chapter shall be transferable from person to person.
In order to insure compliance with the laws of this State, this Chapter and the rules and regulations authorized herein, the Director of Public Works 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 herein for the storage, collection, transportation, processing or disposal of solid waste or the laws of the State of Missouri, the Director of Public Works shall issue notice for each such violation stating therein the violation or violations found, the time and date and the corrective measure to be taken, together with the time in which such corrections shall be made.
In all cases, when the corrective measures have not been taken within the time specified, the Director of Public Works shall suspend or revoke the permit or permits involved in the violation, however, in those cases where an extension of time will permit correction and there is no public health hazard created by the delay, one (1) extension of time not to exceed the original time period may be given.
Any person who feels aggrieved by any notice of violation or order issued pursuant thereto or of any regulation of the Director of Public Works may in writing appeal such order or the application of the regulation to the Board of Aldermen who may sustain, reverse or modify such order or regulation after a hearing thereon.
[Ord. No. 1006 §8, 9-1-1983]
The Director of Public Works shall 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 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,
Handling of special wastes such as toxic wastes, sledges, ashes, agriculture, construction, bulky items, tires, automobiles, oils, greases, etc.
[Ord. No. 1006 §9, 9-1-1983]
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;
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, or those of a solid waste collection agency operating under contract with the City;
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.
[Ord. No. 1006 §10, 9-1-1983; Ord. No. 1593 §2, 1-23-2002]
From time to time the Board of Aldermen may secure sealed competitive bids for solid waste collection from the City premises and residential dwelling units within the City as that term is defined in this Chapter and let such contract to the bidder found by the Board of Aldermen to be the lowest and best bidder, provided however, the Board may waive the requirements for competitive bidding where performance by a contractor has been satisfactory to the City and continued collection by the same contractor on a negotiated basis is deemed to be in the best interests of the City.
[Ord. No. 1044 §1, 1-3-1985; Ord. No. 1593 §3, 1-23-2003]
Hours of collection shall be limited to such reasonable hours as set forth from time to time in the solid waste collection contract.
[Ord. No. 1593 §4, 1-23-2003]
From time to time the Board of Aldermen in entering into contracts for solid waste collection may vary and modify the terms of the solid waste collection contract to conform to changes in conditions and circumstances where they believe it is in the best interest of the City to do so.
[Ord. No. 1593 §5, 1-23-2002]
Any Collector shall, before entering into a contract with the City, furnish satisfactory evidence of its entity status including filings of annual reports with the Secretary of State of Missouri reflecting that it is authorized to do business in the State of Missouri and include certificate of ownership and officers, directors, partners, and principals of the entity.
[Ord. No. 1006 §11, 9-1-1983]
Any person violating any of the provisions of this Article, or any lawful rules or regulations promulgated pursuant thereto, upon conviction, shall be punished by a fine of not more than five hundred dollars ($500.00), provided that each day's violation thereof shall be a separate offense for the purpose hereof.
[Ord. No. 1752 §1, 11-20-2008]
No container, including dumpsters and "roll-offs" in excess of one (1) cubic yard capacity, shall be placed, kept or maintained on any existing improved residential premises in the City, to be used for disposal of any junk or other materials, except in strict compliance with the terms of this Article of any of the provisions hereof or a permit issued pursuant hereto. No liquids including paint shall be placed in any such container, where permitted, except in tightly sealed and leak-proof receptacles. Under no circumstances shall liquids and garbage, trash or rubbish, subject to the provisions of the City's waste management law, be placed in any such containers. No such container shall be permitted anywhere except on a driveway on the premises.
[Ord. No. 1752 §2, 11-20-2008]
No such container shall be placed upon any such premises without first securing a permit to be issued upon application of the owner(s) of record, lessee, tenant, or person in possession of the premises. No charge shall be made for the permit.
[Ord. No. 1752 §3, 11-20-2008]
Application for a permit shall be on forms to be provided by the Director of Public Works and shall include the following:
Address of the premises.
Legal name and home address of the applicant.
The name and home address of the owner(s) of record or the exact legal name and address of any non-individual owner of record and the name of the individual(s) who are in possession of the premises.
The reason the permit is needed and description of the junk or other materials to be disposed of in the container from the premises.
The length of time, not to exceed thirty (30) days, the container is needed to remain on the premises.
The name and address of the contractor or person doing the work that generates the junk and other materials to be placed in the container.
The legal name and address of the owner of the container.
Any additional information required by the Director of Public Works to administer and enforce this Article in accordance with the intent and purpose of this Article and the welfare and the common good of the residents of the City.
The size and type of container.
[Ord. No. 1752 §4, 11-20-2008]
The Director of Public Works shall issue a permit in compliance with the provisions of this Article and with such limitations, restrictions and prohibitions in furtherance of the ordinance.
No permit shall be issued for a longer period than thirty (30) days.
The Director of Public Works is authorized to revoke such permit for use and maintenance of any container in the manner required and limited by this Article after giving notice to the permittee and failure to correct such conditions within forty-eight (48) hours of giving such notice.
The Director of Public Works may order the permit extended for a period of not to exceed an additional fourteen (14) days. Any further extensions may only be granted on express written permission of the Mayor on the basis of assurances that the project for which the container is used will be completed and the container removed with due diligence.
[Ord. No. 1752 §5, 11-20-2008]
The following terms shall have ascribed to them the meaning set forth:
- Any cast-off, damaged, discarded, junked, obsolete, salvage, scrapped, unusable, worn-out or wrecked object, thing or material composed in whole or in part of asphalt, brick, carbon, cement, plastic or other synthetic substance, fiber, glass, metal, paper, plaster, plaster of Paris, rubber, terra cotta, wool, cotton, cloth, canvas, organic matter or other substance having no substantial market value or requiring reconditioning in order to be used for its original purpose.
- The scattering or dropping of rubbish, trash or other matter including, without limitation, fruit or fruit particles, wrappers, containers, papers, paper products, bottles, glass, cans, metal parts, hulls, handbills, confetti, shavings, shells or stalks.
- OTHER MATERIALS
- All other items and substances that may be lawfully placed and not barred from placement in containers under the terms of this Chapter.
- Owner of record of real property, occupant, lessee, interested holder in same, or homeowners' association, as the case may be. For purposes of this Chapter, a homeowners' association which exercises management and/or control over a common area shall be deemed an owner of the area over which such control is exercised. Exercising control includes, but is not limited to, maintenance, ownership, easements and/or assessing fees on property owners pursuant to agreements, deeds or recorded documents.
- Includes the record owner of the property, any tenant, any lessee of the property, any individual in charge of or responsible for the property as the agent of the record owner, or tenant of the property.
- The improved, residential premises in the City on which a container to which this Article applies is placed or kept.
- Any real property, or improvements thereon, as the case may be, including, but not limited to, an area designated as a common area within a condominium or similar project.
- Any type of debris or rejected matter.
- Worn-out, used, broken up or worthless matter or material.
- YARD WASTE
- Any grass clippings, lawn clippings, shrubbery and/or trimmings, plant and/or garden vegetation, trees and/or trimmings (including branches, fruits, nuts, seeds or leaves), or any combination of the above.