[CC 1988 §16.010]
For the purpose 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 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 therefore.
The City of Eldon, Missouri.
Removal of solid waste from its place of storage to the transportation
vehicle.
Waste materials from the construction or destruction of residential,
industrial or commercial structures.
The director of the solid waste management program of the
City or his/her authorized representative.
Disposable plastic or paper sacks with a capacity of twenty
(20) to thirty-five (35) gallons specifically designated 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.
Including, but not limited to, pathological wastes, explosive
wastes, pesticides, pesticide containers, toxic or radioactive materials.
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, wither 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.
Incinerating, composting, baling, shredding, salvaging, compacting
and the 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 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 does not include "Yard Waste" as defined herein.
COMMERCIAL SOLID WASTESolid waste resulting from the operation of any commercial, industrial, institutional or agricultural establishment and multiple-housing facilities with more than two (2) dwelling units.
RESIDENTIAL SOLID WASTE: Solid waste resulting
from the maintenance and operation of dwelling units, excluding multiple-housing
facilities with more than two (2) dwelling units.
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 deposition 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.
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.
[CC 1988 §16.020; Ord. No. 1778 §1, 11-9-1999]
A.
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.
B.
The
occupant of every dwelling unit and of every institution, 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.
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. 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
lightweight and sturdy construction. The weight of any individual
container and contents shall not exceed one hundred (100) 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.
Commercial solid waste shall be stored in solid waste containers as approved by the Director. 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 240.060.
E.
Yard
waste shall not be placed on any street or right-of-way or permitted
to be dispersed on the property of any adjacent property owner.
F.
Storm
damage shall be collected by the City only after a declaration by
the Mayor. Only limbs less that forty-eight (48) inches in length
shall be collected. All limbs shall be placed at the road with the
cut end facing the road.
G.
Solid
waste containers which are not approved will be collected together
with their contents and disposed of.
[CC 1988 §16.030; Ord. No. 1778 §2, 11-9-1999]
A.
The
City shall provide for the collection of all solid waste 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.
B.
All
solid waste from premises to which collection services are provided
by the City 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
as hereinafter provided. 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 Sections 240.020(E) and 240.020(F) respectively, shall be placed in an orderly fashion in a compost bin or other container that does not constitute a nuisance. Tree limbs and yard waste may be burnt with the permission of the Fire Chief in accordance with the appropriate ordinance.
D.
Bulky
rubbish shall be collected by request to the Director. The Director
shall establish the procedure for collecting bulky rubbish.
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. Commercial solid
waste may be removed from commercial establishments upon written request
of the owner and approval by the Director.
F.
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. At least sixty (60) hours shall
intervene between collections. 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 or requested by the commercial
establishment upon a determination that such lesser intervals are
necessary for the preservation of the health and/or safety of the
public.
G.
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.
H.
Solid waste collectors, employed by the City or 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 Sections 240.020(C), (D), (E) and (F). 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.
[CC 1988 §16.040]
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 1988 §16.050]
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
Division of Health.
B.
The
Director may classify certain wastes as hazardous wastes which will
require special handling and shall be disposed of only in a manner
acceptable to the Director and which will meet all local, State and
Federal regulations.
[CC 1988 §16.070]
A.
The
Director shall 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 pertaining, 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.
Records of quantity and type of wastes received at processing and/or
disposal facilities.
11.
Processing facilities and fees for the use thereof.
12.
Disposal facilities and fees for the use thereof.
13.
Handling of special wastes such as toxic wastes, sludge, ashes, agriculture,
construction, bulky items, tires, automobiles, oils, greases, etc.
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The City Clerk or such other City Official who is responsible
for preparing utility and 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 services charges as hereinafter provided
for. A copy of any and all rule and regulations made and promulgated
under the provisions hereof shall be filed in the office of the City
Clerk of the City.
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[CC 1988 §16.080]
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 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
an approved incinerator is provided unless a variance has been obtained
from the appropriate air pollution control agency, in which event
the written approval or variance shall be displayed to the Chief of
the Fire Department or his/her designated representative upon demand
or unless a special permit has been obtained from the Chief of the
Fire Department or his/her designated representative allowing for
the burning of tree trunks, tree limbs, vegetation or untreated waste
lumber when such solid waste originates on a residential premises
having not more than four (4) dwelling units. The burning provided
for in said special permit shall be done under such proper safeguards
as the grantor of the permit may direct as to time, weather and other
matters.
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.
Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in accordance with Section 100.130 of this Code. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as an offense. Violations of this Chapter shall be prosecuted in the same manner as other violations of the City's Code.
[Ord. No. 25-2023, 4-25-2023]
[CC 1988 §16.090]
A.
There
is hereby imposed for the collection and disposal of solid waste and
for the improvement of the general public health and environment a
service charge for each dwelling unit and each commercial establishment.
The service charge for collection of residential solid waste shall
be in the amount established and filed by the Board of Aldermen of
the City of Eldon.
B.
Services
for commercial establishments not meeting any of the aforementioned
descriptions will be considered individually by the Director.
C.
The
service and service charge shall be terminated upon presentation of
satisfactory proof to the Director that any such dwelling unit or
establishment is unoccupied and shall be commenced upon renewed occupancy
thereof.
D.
The
system of services established by the provisions of this Chapter hereof
is designed as an integral part of the City's program of health and
sanitation to be operated as an adjunct to the City's system for providing
portable water and the City's system for providing sewerage disposal.
The City may enforce collection of such charges by bringing proper
legal action against the occupant of any dwelling unit or owner of
any commercial establishment to recover any sums due for such services
plus a reasonable attorney's fee to be fixed by the court plus the
cost of sue action.
E.
The
service charge herein provided for is hereby imposed upon the occupant
of each occupied dwelling unit and the billing shall be made to the
person contracting for City water and/or sewerage service or for other
water service or otherwise providing water service to each such dwelling
unit. In the event a dwelling unit is not serviced by City water and/or
sewerage service or in the absence of information that such person
is neither the owner nor the tenant of such dwelling unit, in which
event billing therefor shall be made to the owner. Service charges
shall be payable to the department empowered to collect services charges
imposed by the City.
F.
An
administrative fee of one dollar and ninety five cents ($1.95) to
be added monthly to each dwelling unit and each commercial establishment
for the administration for the trash service. All funds received will
be placed in the General Fund.
[Ord. No. 41-2021, 11-23-2021]
