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:
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 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.
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.
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.
An earthen material used to cover compacted solid waste in
a State approved sanitary landfill.
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.
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.
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.
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.
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.
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.
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.
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]
A.
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.
B.
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.
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.
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.
D.
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.
E.
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.
F.
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.
G.
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]
A.
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.
B.
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.
C.
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.
D.
Bulky
rubbish shall be collected by request, in accordance with procedures
established by the City Administrator.
E.
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.
F.
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.
G.
The
following collection frequencies shall apply to collections of solid
waste within the City:
1.
All residential solid waste, other than bulky rubbish, shall be collected
at least once weekly.
2.
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.
H.
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.
I.
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]
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 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.
B.
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.
C.
Demolition Or Construction Waste. Transportation and disposal of demolition and construction wastes shall be in accordance with Sections 240.040(B) and 240.050.
[R.O. 2011 §245.050; Ord. No. 2881 §6, 7-19-1979]
A.
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.
B.
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]
A.
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.
1.
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.
2.
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.
3.
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.
4.
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]
A.
It
shall be unlawful for any person to:
1.
Deposit solid waste in any solid waste container other than his/her
own;
2.
Interfere in any manner with solid waste collection and transportation
equipment, or with solid waste collectors in the lawful performance
of their duties;
3.
Dispose of solid waste by non-permitted open burning;
4.
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.
