For the purposes of this Chapter, the following terms shall
be deemed to have the meanings indicated below:
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 Lake Waukomis, Missouri.
Removal of solid waste from its place of storage to the transportation
vehicle.
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.
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.
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.
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.
Clothes washers and dryers, water heaters, trash compactors,
dishwashers, 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 individual, partnership, limited liability company, corporation,
association, trust, institution, City, County, other political subdivision,
authority, State agency or institution, or Federal agency or institution,
or any other legal entity. As applied to partnerships or associations,
the word includes the partners or members thereof; and as applied
to corporations, it includes the officers, agents or employees thereof
who are responsible for the act referred to.
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
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.
Solid waste resulting from the maintenance and operation
of dwelling units.
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, post-use polymers,
recovered feedstocks, overburden, rock, tailings, matte, mill scale
and slag or other waste material resulting from mining, milling or
smelting. Solid waste does not include "yard waste" as defined herein.
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 solid waste system of storage, collection, transportation,
processing and disposal.
Keeping, maintaining or storing solid waste from 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.
Leaves, grass clippings, yard and garden vegetation and Christmas
trees. The term does not include stumps, roots or shrubs with intact
root balls.
A.
The
occupant of every dwelling unit 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.
B.
The
occupant of every dwelling unit 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.
C.
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 leakproof and waterproof, 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.
D.
Commercial solid waste shall be stored in solid waste containers as approved by the Board. The containers shall be waterproof, leakproof 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 230.060.
E.
Solid
waste containers which are not approved will be collected together
with their contents and disposed of.
[Ord. No. 505, 8-9-2017; Ord. No. 578, 10-12-2022]
A.
The
City shall provide for the collection of solid waste and may provide
for yard waste as follows:
1.
Collection Of Residential Solid Waste. The City may provide for the
collection of residential solid waste in the City, provided, however,
that the City may provide the exclusive or non-exclusive collection
service by contracting with a person, company 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.
2.
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.
3.
Yard Waste. The City may also provide for the availability for the collection and disposal of yard waste in the City, including by contract as set forth in Section 230.030(A)(1) above. Yard waste shall be subject to collection and disposal pursuant to the terms hereof substantially similar to solid waste.
B.
All
solid waste from premises to which collection services are provided
under contract with the City shall become the property of the collection
agency upon being loaded into the transportation equipment.
C.
Solid
waste containers as required by this Chapter for the storage of residential
solid waste shall be placed at curbside for collection but shall not
be so placed until after 6:00 P.M. on the day next preceding the regularly
scheduled collection day. Containers shall be removed from curbside
no later than 8:00 P.M. on the day of collection.
D.
Individuals
desiring the collection of bulky rubbish shall deal directly with
those licensed by the City for the collection of the same.
E.
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.
F.
It
shall be the responsibility of the occupants of each dwelling unit
to prepare, package and deliver solid waste to curbside for collection
as prescribed in this Chapter and as it may be amended from time to
time,
G.
It
shall be the responsibility of every solid waste collector to abide
by this Chapter and receive and transport solid waste in a manner
consistent with the provisions of this Chapter.
H.
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.
I.
Residential
solid waste containers shall be stored upon the residential premises.
J.
All
solid waste collectors operating under contract with the City or otherwise
collecting solid waste within the City limits shall be responsible
for the collected solid waste from the point of collection to the
point of disposal, provided the solid waste was stored in compliance
with the applicable Sections 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.
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.
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 alternative,
the entire bodies thereof shall be enclosed with only loading hoppers
exposed. Provided however, other vehicles may be used to transport
bulky rubbish which because of its size or weight is not susceptible
to being loaded or unloaded in vehicles described above, but in no
event shall such vehicles be operated without adequate cover or binding
to prevent spillage or waste therefrom and in accordance with the
rules and regulations made by the Board.
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.
C.
Transportation
and disposal of demolition and construction wastes shall be in accordance
with this Section.
[Ord. No. 505, 8-9-2017[1]]
A.
No
person, company or entity shall engage in the business of collecting,
transporting, processing or disposing of solid waste within the corporate
limits of the City without first entering into a contract with the
City for such services, provided, however, that this provision shall
not be deemed to apply to employees of a person or entity who is operating
pursuant to a contract with the City.
B.
No
license or agreement for the collection of solid waste, shall be issued
except as a result of a bidding process. Any such franchise, license
and/or agreement shall be issued pursuant to the terms of a published
bid. In addition to all other specifications of the bid, all licensees
and contractors shall file and maintain with the City evidence of
a satisfactory public liability insurance policy, covering all operations
of such collection and all vehicles to be operated in the conduct
thereof, in the amount of not less than two million dollars ($2,000,000.00)
as the general aggregate limit; and in the amount of not less than
one million dollars ($1,000,000.00) in any single accident. Should
any such policy be canceled, 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. Any subcontractor
shall provide insurance coverage in like amount as is required of
the contractor.
C.
Contractor/Franchise/Licensee
shall pay to the City a license/service/franchise fee pursuant to
the terms of the bid, in the amount set forth in the agreement (not
to exceed five percent (5%) of the gross receipts or the amount allowed
by law whichever is greater) from all proceeds collected pursuant
to any agreement with the City as set forth herein for the collection
of solid waste.
D.
Any
contract with a contractor for the collection of solid waste shall
not exceed three (3) years, provided that such contract may provide
for up to two (2) one-year extensions for a total not to exceed five
(5) years. The Franchisee/Licensee will collect, transport, process
or dispose of solid wastes without hazard to the public health or
damage to the environment in conformity with the laws and regulations
of the United States, the State of Missouri, the laws of the City
and all agreements with the City.
[1]
Editor's Note: Ord. No. 505 also changed the title of this
Section from "Permits" to "Franchise — License Agreements."
A.
The
Board 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 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.
12.
Records of quantity and type of wastes received at processing and/or
disposal facilities.
13.
Handling of special wastes such as toxic wastes, sludge, ashes, agriculture,
construction, bulky items, tires, automobiles, oils, greases, etc.
B.
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.
C.
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.
A.
It
shall be unlawful for any person to:
1.
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.
2.
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.
3.
Dispose of solid waste at any facility or location which is not approved
by the City and the Missouri Division of Health.
4.
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.
The Board may require performance or payment bonds of any solid
waste collection agency prior to issuing permits to so operate.