[CC 1984 §21-1; Ord. No. 3140 §21-1; Ord. No. 3212 §2, 12-16-1974; Ord. No. 3464 §1, 2-6-1978; Ord. No. 3662 §§2 — 4, 7-21-1980; Ord. No. 4372 §1, 11-19-1990; Ord. No. 4389 §1, 4-15-1991; Ord. No. 4507 §1, 8-2-1993]
Whenever used in this Chapter, the following words, terms and
phrases and their derivations shall be deemed to have the meaning
indicated below:
An incinerator which complies with all current regulations
of the responsible local and State air pollution control agencies.
Non-putrescible solid waste consisting of combustible and/or
non-combustible waste materials from dwelling units, which materials
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. Also includes tree limbs in excess
of six (6) inches in diameter.
A place designated by the City where residents may drop off
recyclables for recycling.
The City of Richmond Heights, Missouri.
Removal of solid waste from its place of storage to the transportation
vehicles.
All solid waste except those items defined in the definitions
of "Bulk Rubbish", "Infectious Waste" and "Special Waste" set out in this Section, resulting
from the maintenance and operation of any building, enterprise, activity
or establishment other than residential buildings of four (4) families
or less, and churches. For the purpose of storage and disposal methods,
recyclables and compostables from any such commercial buildings, enterprises,
activities or establishments shall be considered as solid waste.
Yard waste such as grass clippings, leaves, vines, hedge
and shrub (including rose bushes) trimmings and tree limbs less than
six (6) inches in diameter and no longer than four (4) feet in length,
and/or other such organic materials from the yard.
The solid waste hauler selected by the City to collect recyclables
for recycling.
A location adjacent to and not more than five (5) feet from
any street.
The City Manager of the City of Richmond Heights shall be
the director of the solid waste management program of the City, or
his/her designee.
Disposable plastic or paper sacks with a capacity of twenty
(20) to thirty-five (35) gallons specifically designed for storage
of solid waste.
Any room or group of rooms located within a structure and
forming a single habitable unit with facilities which are used or
are intended to be used for living, sleeping, cooking and eating.
Putrescible animal or vegetable wastes resulting from the
handling, preparation, cooking, serving or consumption of food.
Waste in quantities and characteristics as determined by
the department by rule and regulation, including the following wastes
known or suspected to be infectious: isolation wastes, cultures and
stocks of etiologic agents, contaminated blood and blood products,
other contaminated surgical wastes, wastes from autopsy, contaminated
laboratory wastes, sharps, dialysis unit wastes, discarded biologicals
and antineoplastic chemotherapeutic materials; provided however, that
infectious waste does not mean waste treated to department specifications.
Washers and dryers, water heaters, trash compactors, dishwashers,
microwave ovens, conventional ovens, ranges, stoves, wood stoves,
air conditioners, refrigerators, freezers, dehumidifiers and humidifiers.
A housing facility containing more than one (1) dwelling
unit under one (1) roof.
Any person who, alone or jointly or severally with others,
shall be in actual possession of any dwelling unit or of any other
improved real property, either as owner or as a tenant.
Any individual, partnership, corporation, association, institution,
City, County, other political subdivision, authority, State agency
or institution, or Federal agency or institution.
All one-family to four-family dwellings located in the City.
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
Newsprint; brown, clear and green glass containers; aluminum
cans; plastic milk jugs and plastic soda bottles, all rinsed and reasonably
free of food, dirt and other contaminants. Also included as a recyclable
is any other material that the City and contractor may hereafter mutually
agree to collect as a recyclable. For the purposes of this Chapter,
recyclables shall not include other solid waste, bulk rubbish or special
waste as defined in this Chapter.
A container furnished by the City for storage of recyclables.
The process of remanufacturing recyclables into other products
or refurbishing them for reuse.
Solid waste.
Every person who is an owner or occupant of a dwelling unit
within the City.
Solid waste resulting from the maintenance and operation
of dwelling units.
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.
Receptacle used by any person to store solid waste during
the interval between solid waste collections.
The process of discarding or getting rid of unwanted material.
In particular, the final disposition of solid waste by man.
The entire process of managing solid waste in a manner which
minimizes the generation and subsequent disposal of solid waste, including
waste reduction, source separation, collection, storage, transportation,
recycling, resource recovery, volume minimization, processing, market
development and disposal of solid wastes.
Items which, by their very nature, can cause health problems
or injury to individuals, including but not limited to solvents, insecticides,
cleaning agents, heavy metals, prescription drugs, explosives, incendiaries,
motor oils, refrigerants, infectious waste, and any materials prohibited
by the City's Fire Code.
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.
Limbs between one (1) inch and six (6) inches in diameter.
[CC 1984 §21-2; Ord. No. 3140 §21-2; Ord. No. 3212 §2, 12-16-1974; Ord. No. 3577 §1, 7-23-1979; Ord. No. 3662 §5, 7-21-1980; Ord. No. 3967 §2, 10-3-1983; Ord. No. 4372 §1, 11-19-1990; Ord. No. 4507 §2, 8-2-1993]
A.
The occupant
of every building containing only a single dwelling unit or only a
single institutional, commercial, business, industrial, agricultural,
professional or non-profit occupant, and the owner of every building
containing more than one (1) dwelling unit or more than one (1) institutional,
commercial, business, industrial, agricultural, professional or non-profit
occupant, or any combination thereof, producing solid waste within
the corporate limits of the City shall provide or cause to be provided
sufficient and adequate solid waste containers for the storage of
all solid waste, except bulk rubbish and demolition and construction
waste, to serve each such dwelling unit, establishment or building
and shall maintain or cause to be maintained such solid waste containers
in good repair at all times.
B.
The occupant
of every building containing only a single dwelling unit or only a
single institutional, commercial, business, industrial, agricultural,
professional or non-profit occupant, and the owner of every building
containing more than one (1) dwelling unit or more than one (1) institutional,
commercial, business, industrial, agricultural, professional or non-profit
occupant, or any combination thereof, shall place or cause to be placed
in proper solid waste containers, except as otherwise provided herein,
all solid waste to be collected and shall maintain or cause to be
maintained such solid waste containers and the area surrounding them
in a clean, neat and sanitary condition at all times.
C.
Residential
solid waste shall be stored in containers of not more than thirty-five
(35) gallons nor less than twenty (20) gallons in nominal capacity.
Large, portable plastic containers with wheels and having a capacity
of not more than ninety (90) gallons are acceptable as well. Containers
shall be leakproof, waterproof and fitted with a fly-tight lid and
shall be properly covered at all times, except when depositing waste
therein or removing the contents thereof. The containers shall have
handles, bails or other suitable lifting devices or features. Containers
shall be of a type originally manufactured for residential solid waste,
with tapered sides for easy emptying. They shall be of a light weight
and sturdy construction. The weight of any individual containers and
contents shall not exceed seventy-five (75) pounds. Galvanized metal
containers, or rubber, fiberglass or plastic containers which do not
become brittle in cold weather, may be used. Disposable solid waste
containers with suitable frames or containers as approved by the director
may also be used for storage of residential solid waste.
D.
All commercial solid waste shall be stored in dumpsters or similar containers approved by the director. All such containers shall be stored behind any building located on the tract of land from which such commercial solid waste is generated and screened from the view of any public streets and adjacent lots with a sight-proof fence. Such containers must be covered at all times with a tight fitting lid except when depositing waste therein or removing the contents thereof, pursuant to Section 245.070. Solid waste shall be picked up by the waste hauler from the designated storage site. Commercial solid waste, dumpsters or similar containers may not be placed at the curb for pickup.
1.
Appeals to the director for relief from the requirements of this Subsection (D) may be made when, based upon geographical factors, building or parking lot arrangements, strict compliance with the requirements is not possible. All appeals must be submitted in writing. The director will render a written decision within ten (10) working days.
2.
Upon
appeal, the director may modify the requirements for the type, location
or screening of the solid waste container required, provided that
the intent of this Subsection is preserved, such intent being to regulate
the storage and disposal of solid waste in a manner to provide for
the health and safety of all, and to minimize the unsightly appearance
of solid waste and its storage containers.
E.
Tree
limbs and brush shall be securely tied in bundles not larger than
sixty (60) inches long or eighteen (18) inches in diameter. The weight
of any individual bundle shall not exceed seventy-five (75) pounds.
[CC 1984 §11-47; CC 1984 §11-48; CC 1984 §21-3;
Rev. M.C. 1963 §17.03; Ord. No. 2980 §1, 10-5-1970; Ord. No. 3140 §§11-23 — 11-24; Ord. No.
3140 §21-3; Ord. No. 3212 §2, 12-16-1974; Ord. No. 3464 §2, 2-6-1978; Ord. No. 3662 §6, 7-21-1980; Ord. No. 3695 §1, 12-1-1980; Ord. No. 4126 §1, 6-2-1986; Ord. No. 4292 §1, 9-18-1989; Ord. No. 4372 §1, 11-19-1990; Ord. No. 4619 §1, 1-16-1996; Ord. No. 4625 §1, 3-18-1996; Ord. No. 5164 §1, 2-22-2011]
A.
The City
shall provide for the collection from all dwelling units, excluding
multiple-housing facilities with more than four (4) units, of all
solid wastes 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. To qualify as a
multiple-housing facility of no more than four (4) dwelling units,
no more than four (4) dwelling units are permitted on a single lot
of record.
B.
Disposal Of Refuse Or Trash — Lawful Methods. The
disposal of refuse and trash shall be considered to be lawful if it
is performed by:
1.
The
refuse collector under contract with the City to render refuse collection
and disposal service to households, business establishments and public
or private institutions by approved procedures prescribed by contract
or ordinance;
2.
The
City's own refuse collection and disposal department;
3.
Any
private refuse collector who has been employed by one (1) or more
householders, business establishments, public or private institutions,
multiple dwellings or housing projects to collect, remove and dispose
of refuse from these premises in full conformity with provisions and
regulations prescribed by the City and County health ordinances and
Codes; or
4.
By means
of an incinerator located within or outside of a building or premises
if the incinerator is properly equipped with an electrical or mechanical
device to eliminate smoke-producing gases and solids and these disposal
facilities and their operation conform to prescribed regulations and
have been approved by the smoke and air pollution authorities, the
Fire Chief and the Director of Public Safety.
C.
Disposal Of Refuse — Commercial, Institutional Or Multi-Family
Units — Exception. All trash, refuse or other waste
materials emanating from premises occupied by commercial establishments,
public or private institutions and multiple dwelling units exceeding
four (4) or more families shall be disposed of by the removal and
hauling of the refuse by private collection or approved incineration.
D.
All solid
waste collected shall, upon being loaded into transportation equipment,
become the property of the collector.
E.
Solid
waste containers as required by this Chapter for the storage of residential
solid waste shall be placed at the curb for collection but shall not
be so placed until after 3:00 P.M. on the day next preceding the regularly
scheduled collection day. Containers shall be removed from the curb
no later than 8:00 P.M. on the day of collection.
F.
Bulk
rubbish shall be collected by request to the collector. The director
may establish procedures for collecting bulk rubbish.
G.
Solid
waste collectors, employed by 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.
H.
The following
collection frequencies shall apply to collections of solid waste within
the City: all residential solid waste and bulk rubbish 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 upon a determination that such lesser
intervals are necessary for the preservation of the health and/or
safety of the public.
I.
Residential
solid waste containers shall be stored upon the residential premises.
The storage site shall be well-drained and fully accessible to collection
equipment, public health personnel and fire inspection personnel.
J.
Solid waste collectors, employed by a solid waste collection agency operating under contract with the City, 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 245.020 (C), (D) and (E) of 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.
K.
Except as provided in Section 245.030(C), all solid waste containers stored out-of-doors shall be stored behind any building located on the tract of land. Commercial solid waste containers shall remain in the location from which they are to be serviced except while being serviced.
L.
It shall
be unlawful for any person, firm or corporation collecting and disposing
of rubbish, garbage or waste material from premises in the residential
districts or premises in any commercial district which abuts or adjoins
a residential district in the City to make such collection or dispose
of rubbish, garbage or waste materials between the hours of 9:00 P.M.
and 7:00 A.M. Failure to comply with the provisions herein stated
shall constitute a misdemeanor and subject the offender to the penalties
prescribed for violation of this Code.
[CC 1984 §21-4; Ord. No. 3140 §21-4; Ord. No. 3212 §2, 12-16-1974; Ord. No. 4372 §1, 11-19-1990]
A.
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 watertight 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.
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.
[CC 1984 §21-5; Ord. No. 3140 §21-5; Ord. No. 3212 §2, 12-16-1974; Ord. No. 4126 §2, 6-2-1986; Ord. No. 4372 §1, 11-19-1990]
Solid waste 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 260.245, RSMo., and the rules and regulations adopted thereunder. The City may designate the processing or disposal facility to be utilized by persons operating under Section 245.060 of this Article.
[CC 1984 §21-10; Ord. No. 3140 §21-6; Ord. No. 3212 §1, 12-16-1974; Ord. No. 4372 §1, 11-19-1990]
A.
No person
shall engage in the business of collecting, transporting, processing
or disposing of items covered by this Chapter within the corporate
limits of the City without first obtaining an annual permit therefor
from the City.
B.
No such
permit shall be issued until and unless the applicant therefor, in
addition to all other requirements set forth, shall file and maintain
with the City evidence of a satisfactory public liability insurance
policy covering all operations of such applicant pertaining to such
business and all vehicles to be operated in the conduct thereof in
the amount of not less than one hundred thousand dollars ($100,000.00)
for each person injured or killed, and in the amount of not less than
three hundred thousand dollars ($300,000.00) in the event of injury
or death of two (2) or more persons in any single accident, and in
the amount of not less than twenty-five thousand dollars ($25,000.00)
for damage to property. The contract of insurance shall provide that
if any such policy be canceled, the director 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.
C.
Each
applicant for any such permit shall state in his/her application therefor:
1.
The
nature of the permit desired, such as to collect, transport, process
or dispose of solid waste or any combination thereof;
2.
The
characteristics of items to be collected, transported, processed or
disposed;
3.
The
number of solid waste transportation vehicles to be operated thereunder;
4.
The
precise location or locations of solid waste processing or disposal
facilities to be used;
5.
Boundaries
of the collection area; and
6.
Such
other information as required by the director.
D.
If the
application shows that the applicant will collect, transport, process
or dispose of solid wastes without hazard to the public health or
damage to the environment and in conformity with the laws of the State
of Missouri and this Article, the director shall issue the permit
authorized by this Article. The permit shall be issued for a period
of one (1) year, and each applicant shall pay therefor a fee of twenty-five
dollars ($25.00) per vehicle per year for each solid waste processing
or disposal facility to be operated and a fee of twenty-five dollars
($25.00) for each transportation vehicle to be used. If, in the opinion
of the director, modifications can be made to the application regarding
service, equipment or mode of operation so as to bring the application
within the intent of this Article, the director shall notify the applicant,
in writing, setting forth the modification to be made and the time
in which it shall be done.
E.
If the
applicant does not make the modifications pursuant to the notice in
(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, 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 reapplication
comply with the provisions of this Article.
F.
The annual permit may be renewed upon payment of the fee or fees as designated herein. If, in the opinion of the director, the business entity has changed, the applicant shall reapply for a permit as set forth in Subsections (B) and (C). No permits authorized by this Article shall be transferred from person to person.
G.
In order
to insure compliance with the laws of this State, this Article and
the rules and regulations authorized herein, the director is authorized
to inspect all phases of solid waste management within the City of
Richmond Heights. No inspection shall be made in any dwelling unit
unless authorized by the occupant or by due process of the law. In
all instances where such inspections reveal violation of this Article,
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 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.
H.
In all
cases when the corrective measures have not been taken within the
time specified, the director 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.
I.
Any person
who feels aggrieved by any notice of violation or order issued pursuant
thereto of the director may, within ten (10) days of the act for which
redress is sought, appeal directly to the Municipal Judge of the City
of Richmond Heights, in writing, setting forth in a concise statement
the act being appealed and the grounds for its reversal.
J.
All motor
vehicles operating under any permit required by this Article shall
display the number or numbers of the permits on each side in colors
which contrast with that of the vehicle, such numbers to be clearly
legible and not less than eight (8) inches high. Each permit for processing
or disposal facilities shall be prominently displayed at the facility.
[CC 1984 §21-11; Ord. No. 3140 §21-7; Ord. No. 3212 §2, 12-16-1974; Ord. No. 4235 §12, 9-6-1988; Ord. No. 4372 §1, 11-19-1990]
A.
The director
may make, amend, revoke, and enforce reasonable and necessary rules
and regulations governing, but not limited to:
1.
Preparation,
drainage and wrapping of garbage deposited in solid waste containers.
2.
Specifications
for solid waste containers, including the type, composition, equipment,
size and shape thereof.
3.
Identification
of solid waste containers and of the covers thereof, and of equipment
thereto appertaining, if any.
4.
Weight
limitations on the combined weight of solid waste containers and the
contents thereof, and weight and size limitations of 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.
B.
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 1984 §21-12; Ord. No. 3140 §21-8; Ord. No. 3212 §2, 12-16-1974; Ord. No. 4372 §1, 11-19-1990]
A.
It shall
be unlawful for any person to:
1.
Deposit
solid waste in any container other than his/her own, without the written
consent of the owners of such container, and/or with the intent of
avoiding payment of any service charge provided for solid waste collection
and disposal, or avoiding compliance with any of the provisions of
this Article.
2.
Interfere
in any manner with 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.
3.
Burn
solid waste unless an approved incinerator is provided or unless a
variance has been obtained from the appropriate air pollution control
agency.
4.
Dispose
of solid waste at any facility or location which is not approved by
the City and the Missouri Division of Health.
5.
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.
6.
Allow,
keep or maintain any accumulation of solid waste upon any lot, ground
or premises in the City.
7.
Accumulate
solid waste of any type for a period in excess of fourteen (14) days.
