Cross References — As to littering on airport property, §225.020 of this Code; as to fire prevention generally, §§515.010 et seq.; as to light, water and sewers generally, Title VII; as to construction requirements for vehicles hauling earth, sand, rubbish, etc., §370.240; as to nuisances generally, ch. 220; as to burning rubbish, etc., on street or sidewalk, §215.780; as to duty to keep gutters clean, §215.790.
[R.O. 2011 §245.010; Ord. No. 2881 §2, 7-19-1979]
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 and State air pollution control agencies.
- BULKY RUBBISH
- Non-putrescible solid waste consisting of combustible 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 Trenton, Missouri.
- CITY ADMINISTRATOR
- The City Administrator of Trenton, Missouri, or in his/her absence, the City Council's designated representative responsible for the City Administrator's duties with respect to enforcing this Chapter.
- Transfer 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.
- COVER MATERIAL
- An earthen material used to cover compacted solid waste in a State approved sanitary landfill.
- DWELLING UNIT
- Any room or group of rooms located within a structure, and forming a single, habitable unit with facilities which are used for living, sleeping, cooking and eating.
- Putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, serving or consumption of food.
- HAZARDOUS WASTE
- 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 condition which is injurious to health, offensive to human senses, or interferes with the public or private use of property.
- 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, as either owner, or as a tenant.
- OPEN BURNING
- Burning any matter whereby the resultant combustion products are emitted directly to open atmosphere without passing through an adequate stack, duct, or chimney.
- An individual, partnership, copartnership, firm, company, public or private corporation, association, joint stock company, trust, estate, political subdivision or any agency, board, department or bureau of the State or Federal Government or any other legal entity whatever which is recognized by law as the subject of rights and duties.
- Incinerating, composting, baling, shredding, salvaging, compacting or 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 semisolid waste materials resulting from industrial, commercial, agricultural, governmental and domestic activities, but does not include hazardous waste as defined in Sections 260.360 to 260.432, RSMo., recovered materials, overburden, rock, tailings, matte, slag or other waste material resulting from mining, milling or smelting.
- SOLID WASTE CONTAINER
- Approved metal or plastic receptacle of a disposable or non-disposable type used by any person to store solid waste collection, and with a capacity of twenty (20) to thirty-five (35) gallons.
- SOLID WASTE DISPOSAL AREA
- Any area used for the disposal of solid waste from more than one (1) residential premises, or one (1) or more commercial, industrial, manufacturing, recreational, or governmental operations.
- 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.
[R.O. 2011 §245.020; Ord. No. 2881 §3, 7-19-1979]
The occupant of every dwelling unit and of every institutional, commercial, business, industrial, or agricultural establishment producing solid waste within the corporate limits of the City, shall provide sufficient and adequate containers for the storage of all solid waste, except bulky rubbish and demolition and construction waste, to serve each such dwelling unit or establishment; and shall maintain such solid waste containers in good repair at all times.
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.
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. 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. They shall be of light weight and sturdy construction. The weight of any individual container and contents shall not exceed seventy-five (75) pounds. Galvanized metal containers or rubber, fiberglass or plastic containers which do not become brittle in cold weather may be used.
Commercial solid waste shall be stored in solid waste containers as approved by the City Administrator. 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 set forth in this Chapter.
Tree limbs of less than four (4) inches in diameter, and brush, shall be securely tied in bundles not to exceed forty-eight (48) inches in length and eighteen (18) inches in diameter, when not placed in storage containers. The weight of any such 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 such individual container and contents shall not exceed seventy-five (75) pounds.
Solid waste containers which do not meet the specifications set forth in this Chapter will be collected, and disposed of, together with the contents.
[R.O. 2011 §245.030; Ord. No. 2881 §4, 7-19-1979]
Collection of all solid waste in the City shall be provided for; however, collection service may be provided by any 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. The providers of such services shall be issued a license for the collection, transportation, or disposal of solid waste. Such a license shall be contingent upon application being made to the City Council and the applicant furnishing the City Council a bond in an amount to be set by the City Council and naming the City as obligee, with sufficient sureties duly licensed and authorized to transact business in the State of Missouri as a corporate surety. The conditions of such bond shall be that if the principal fails to comply with any of the requirements or fails to perform any of the acts required or ceases to operate or abandons the collection and transportation operation, and the City is required to expend any monies or expend any labor or material to restore the operation of a condition in compliance with this Chapter, the obligor and the sureties on its bond shall reimburse the City for any and all expenses incurred to remedy any such failure to comply with the terms of this Chapter, and the obligor and its sureties shall indemnify and save the City harmless from all losses, costs, or charges that may occur to the City because of any default of the obligor or failure to perform its duties and obligations under the terms of the license and all applicable ordinances of the City.
All solid waste properly placed for collection from premises to which collection services are provided shall be collected. 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 240.020 (E and F) of this Chapter, respectively, shall be deposited at hours announced from time to time at the Street Maintenance Facility. Solid waste containers as required by this Chapter for the storage of other residential solid waste shall be placed at the curb or alley for collection. Any solid waste containers 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.
Bulky rubbish shall be collected by request, in accordance with procedures established by the City Administrator.
Solid waste collectors operating in the City, are hereby authorized to enter upon private property for the sole and limited 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.
The licensee or solid waste collector shall furnish to the City certificates of insurance issued by insurers duly licensed to do business within the State of Missouri, evidencing the following coverages: Public liability, including general liability, automobile liability, loading and unloading, completed operations liability, and bodily injury liability in the amount of one million dollars ($1,000,000.00) combined single limit.
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 or industrial solid waste shall be collected at least once weekly, or more frequently as fixed by the City Administrator as necessary for the preservation of the health 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. The storage site shall be well-drained; fully accessible to collection equipment, public health personnel and fire inspection personnel.
Solid waste collectors operating in the City, shall be responsible for the proper collection of solid waste from the point of collection to the transportation vehicle, provided the solid waste was stored in compliance with Section 240.020 (C, D, E, and F) 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.
[R.O. 2011 §245.040; Ord. No. 2881 §5, 7-19-1979]
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 enclosed water-tight bodies which are an integral part of the vehicle, such vehicles commonly known as packer type vehicles, with only loading hoppers exposed. No solid waste shall be transported in the loading hoppers.
Excavation Material. 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, or inadvertently to spill on private property, where such spillage would not be part of a planned activity.
[R.O. 2011 §245.050; Ord. No. 2881 §6, 7-19-1979]
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 260.245, RSMo., and the rules and regulations adopted thereunder.
Hazardous Wastes. The City Administrator may classify certain wastes as hazardous wastes which will require special handling and shall be disposed of only in a manner acceptable to the City Administrator and which shall meet all local, State and Federal regulations.
[R.O. 2011 §245.060; Ord. No. 2881 §7, 7-19-1979]
In order to ensure compliance with the laws of this State, this Chapter, and the rules and regulations authorized herein, the City Administrator is hereby authorized to inspect all phases of solid waste management within the City of Trenton. No inspection is to be made in any residential unit unless authorized by the occupant or by due process of law. In all instances where such inspections reveal violations of this Chapter, the rules and regulations authorized herein for the storage, collection, transportation or disposal of solid waste, or the laws of the State of Missouri, the City Administrator shall issue notice for each such violation stating therein the violation or violations found, the time and date, and the corrective measures to be taken, together with the time in which such corrections shall be made.
[R.O. 2011 §245.070; Ord. No. 2881 §8, 7-19-1979]
The City Administrator shall enforce administrative procedure for collection of fees and reimbursement of costs to the hauler, or for dispensation of any service adjustment or cost settlement; the policy decisions for which shall remain the responsibility of the City Council. 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.
[R.O. 2011 §245.080; Ord. No. 2881 §9, 7-19-1979]
Approval of an application to the City Council for a license for the collection, transportation, or operation of a solid waste collection service, shall be contingent upon the satisfactory compliance by the applicant with all terms and conditions specified by the City Council. Such terms and conditions shall normally be restricted to those matters specified herein, except that the City Council may provide for additional requirements, including the collection of a reasonable license fee.
Owners, lessees, or occupants of property situated within the City shall pay for solid waste disposal services to their properties provided by the City or its operator according to the rates and charges established by the Trenton City Council.
Users of solid waste management facilities provided by the City, by and through its operator or contractor who are not owners, lessees, or occupants of property situated within the City shall pay charges for the use of said properties according to rates and charges established by the Trenton City Council.
A special account on the official ledger of the City of Trenton is hereby created which shall be known as the Solid Waste Management Fund. All receipts from the rates and charges collected pursuant to this Chapter and all receipts from the sale of real property or personal property pertaining to Solid Waste Management Systems and the proceeds of all gifts, loans, fund transfers and issuance of bonds for the purpose of the system shall be credited to the Solid Waste Management Fund. All costs of acquisition, construction, enlargement, improvement, repair, supervision, control, maintenance, and operation of the Solid Waste Management System and facilities which are owned or operated in part or in total by the City shall be charged to the Solid Waste Management Fund, except that partial City ownership shall require payment on a formula basis affixed to the percentage of City ownership and that no City funds shall accrue to the operation or maintenance of a contractor's facility.
The number of City haulers licenses shall be limited by a resolution of and at the discretion of the City Council.
[R.O. 2011 §245.090; Ord. No. 2881 §10, 7-19-1979]
No hauler's license nor other procedure specified in this Chapter shall be deemed as a consent, license, or permit, to locate, construct, or operate or maintain a site, facility or operation, or to carry on any activity, other than such operations as are clearly consistent with the intent of the license and this Chapter.
[R.O. 2011 §245.100; Ord. No. 2881 §11, 7-19-1979]
The Trenton City Council may grant individual variances from this Chapter where it is determined that no substantial health hazard is likely to occur therefrom and where unnecessary hardship may result from strict compliance with this Chapter. No variance may be allowed which will conflict with any State or Federal requirement.
[R.O. 2011 §245.110; Ord. No. 2881 §12, 7-19-1979]
For the purpose of protecting the public health, welfare, and safety, the City Council may impose additional requirements consistent with the intent of this Chapter for the operation of Solid Waste Management sites or facilities.
[R.O. 2011 §245.120; Ord. No. 2881 §13, 7-19-1979]
It shall be unlawful for any person to:
Deposit solid waste in any solid waste container other than his/her own;
Interfere in any manner with solid waste collection and transportation equipment, or with solid waste collectors in the lawful performance of their duties;
Dispose of solid waste by non-permitted open burning;
Dispose of solid waste at any facility or location which is not approved by the City and the Missouri Department of Natural Resources.
[Ord. No. 2014-47 §1, 11-3-2014]
Beginning on January 1, 2014, the operator of any transfer station shall pay to the City of Trenton a tipping fee in the minimum amount of two dollars ($2.00) and two dollars ($2.00) per ton for each load exceeding one (1) ton processed through the transfer station. It shall be the duty of every operator of a transfer station as defined herein to remit the fee as well as a sworn statement containing an outline of all loads/tons processed by the facility to the City of Trenton by the 15th day of each following month.
[R.O. 2011 §245.130; Ord. No. 2881 §14, 7-19-1979]
Any person who violates any provisions of this Chapter shall be deemed guilty of an ordinance violation and upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the City Jail for not more than three (3) months, or by both such fine and imprisonment.