[R.O. 1991 § 245.010; Ord. No. 2803-11, 10-18-2011]
A.
APPLIANCE, MAJOR
APPROVED INCINERATOR
BULKY RUBBISH
CEREAL BOXES
CITY
COLLECTION
COMMERCIAL SOLID WASTE
CONSTRUCTION AND DEMOLITION WASTE
DISPOSABLE SOLID WASTE CONTAINER
DWELLING UNIT
GARBAGE
GLASS
HAZARDOUS WASTES
HOUSEHOLD HAZARDOUS WASTES
MULTIPLE-HOUSING FACILITY
OCCUPANT
PAPER
PERSON
PLASTIC
PROCESSING
REFUSE
SOLID WASTE
SOLID WASTE CONTAINER
SOLID WASTE DISPOSAL
SOLID WASTE MANAGEMENT SYSTEM
STORAGE
TRANSPORTATION
YARD WASTE
For
the purposes of this Chapter, the following terms shall be deemed
to have the meaning indicated below:
Clothes washers and dryers, water heaters, trash compactors,
dishwashers, conventional ovens, ranges, stoves, woodstoves, air conditioners,
refrigerators and freezers.
An incinerator which complies with all current regulations
of the Missouri Air Conservation Commission.
Non-putrescible solid wastes consisting of combustible and/or
non-combustible waste materials from dwelling units, commercial, industrial,
institutional or agricultural establishment which are either too large
or too heavy to be safely and conveniently loaded in solid waste collection
vehicles by solid waste collectors, with the equipment available therefor.
The outer box usually containing breakfast cereal, but also
the same box material used to package other dry foods, provided it
has not been impregnated with wax or plastic.
The City of Smithville, Missouri.
Removal and transportation of solid waste from its place
of storage to its place of processing or disposal.
Solid waste resulting from the operation of any commercial,
industrial, agricultural, retail or service business located upon
any premises, including premises used in whole or in part as a residential
dwelling.
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.
Disposable plastic or paper sacks with a capacity of twenty
(20) or 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, servicing or consumption of food.
Any of the large class of materials with highly visible mechanical
and optical properties that solidify from molten state without crystallization,
that are typically based on silicon dioxide, boric oxide, aluminum
oxide or phosphorus pentoxide, that are generally transparent or translucent
which are formed into containers in which food, beverages, liquids,
powders and other materials are stored or preserved. Any object generally
considered glass by the general population is included in this definition.
Including, but not limited to, pathological wastes, explosives
wastes, pesticides, pesticide containers, toxic or radioactive materials.
Oil-based paint and water-based paint, thinners, pesticides,
herbicides, fertilizers, motor oil, auto and furniture polish. Any
material generally available at over-the-counter general merchandise
retail stores in the local area and considered household materials
is included in this definition.
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 thin sheet of material made of cellulose pulp, derived
mainly from wood, rags, certain grasses, processed into flexible leaves
or rolls by deposit from an aqueous suspension and used chiefly for
writing, printing, drawing, wrapping and covering walls. Any object
generally considered paper by the general population is included in
this definition.
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.
Any of the various complex organic compounds produced by
polymerization capable of being molded, extruded or cased into various
shapes and films or drawn into filaments used in textile fibers and
lines and ropes and includes such materials formed into containers
for the storage or preservation of food, beverages, liquids, powders
and other materials. Any object generally considered plastic by the
general population is included in this definition.
Incinerating, composting, baling, shredding, salvaging, compacting
and 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.
Receptacle used by a 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. This term does not include stumps, roots or shrubs with intact
root balls.
[R.O. 1991 § 245.020; Ord. No. 2803-11, 10-18-2011]
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 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 at all times.
C.
Residential solid waste shall be stored
in containers designed to hold solid waste. Containers shall be leakproof,
waterproof and fitted with a flytight 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
seventy-five (75) pounds. Galvanized metal containers, rubber or fiberglass
containers, and 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 City. 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 245.060.
E.
Solid waste containers which are not approved
will be collected together with their contents and disposed of.
[R.O. 1991 § 245.030; Ord. No. 2803-11, 10-18-2011]
A.
The City shall provide for the collection
of solid waste as follows:
1.
Collection Of Residential Solid Waste. Other than for the removal of grass, weeds, limbs, or trees pursuant to Section 245.120, the City and only the City shall provide for the collection of all residential solid waste in the City; provided however, that the City may provide the 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. Businesses and
other commercial interests shall arrange for commercial solid waste
collection services.
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 City as hereinafter provided. All solid waste
collected shall, upon being loaded into collection equipment, become
the property of the collection agency.
C.
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 within commercial
establishments upon written request of the owner and approval by the
City.
D.
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. At least
one hundred forty-four (144) hours shall intervene between collections.
All commercial solid waste shall be collected 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.
E.
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.
F.
Solid waste collector, 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 designated pickup location to the transportation vehicle, provided
the solid waste was stored in compliance with the provisions set forth
in this Section. 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.
G.
All collection 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 collection 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.
H.
Permits shall not be required for the removal,
hauling or disposal of earth and rock materials 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.
[R.O. 1991 § 245.040; Ord. No. 2803-11, 10-18-2011]
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.
C.
A residential user shall not be required
to obtain a permit for the collection and transportation of demolition
and construction waste. The user may transport such waste or contract
with a third party to do so. All such material conveyed by the residential
user or such residential user's third-party contractor shall be collected,
contained and conveyed in receptacles with a capacity not exceeding
twenty (20) cubic yards. All such waste material shall be transported
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.
[R.O. 1991 § 245.050; Ord. No. 2803-11, 10-18-2011]
A.
Solid wastes shall be disposed of at a
processing facility or disposal area approved by the City and complying
with all requirements of the Missouri Division of Health.
B.
The City 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 and which will
meet all local, State and Federal regulations.
[R.O. 1991 § 245.060; Ord. No. 2803-11, 10-18-2011]
A.
No person shall engage in the business
of collecting, transporting, processing or disposing of solid waste
within the corporate limits of the City without first obtaining an
annual permit therefor from the City; provided, however, that this
provision shall not be deemed to apply to employees of the holder
of any such permit.
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 million
dollars ($1,000,000.00) for each person injured or killed, and in
the amount of not less than two million dollars ($2,000,000.00) 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 one million dollars ($1,000,000.00)
for damage to property. Such policy may be written to allow the first
one thousand dollars ($1,000.00) of liability for damage to property
to be deductible. 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,
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
as to collect, transport, process or dispose of solid waste or any
combination thereof;
2.
The characteristics of solid waste
or any combination thereof to be collected, transported, processed
or disposed;
3.
The number of solid waste 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 Chapter, the City
shall issue the permit authorized by this Chapter. The permit shall
be issued for a period of one (1) year, and each applicant shall pay
therefor a fee of one hundred dollars ($100.00) for each solid waste
processing or disposal facility to be operated and a fee of fifteen
dollars ($15.00) for each collection 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 Chapter, the City 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 Subsection (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 Chapter.
F.
The annual permit may be renewed simply upon payment of the fee or fees as designated herein if the business has not been modified. If modifications have been made, the applicant shall reapply for a permit as set forth in Subsections (B) and (C). No permits authorized by this Chapter shall be transferable from person to person.
G.
In order to insure compliance with the
laws of this State, this Chapter and the rules and regulations authorized
herein, the City is authorized to inspect all phases of solid waste
management within the City of Smithville. No inspection shall be made
in any residential unit unless authorized by the occupant or by due
process of law. In all instances, where such inspection reveal violation
of this Chapter, 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 City 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 City 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.
In the event a permit is revoked and the
person continues to operate, the City may request the action of a
court of law to enjoin the acts and to enforce compliance with this
Section or any rule or regulation promulgated thereunder. In any such
action, the court may grant to the City such prohibitory or mandatory
injunctive relief as the facts may warrant, as well as attorney's
fees and costs incurred in bringing such action.
J.
Any person who feels aggrieved by any denial
or renovation of a permit issued pursuant to this Section may within
ten (10) days of the act for which redress is sought appeal directly
to the Circuit Court of Clay County, in writing, setting forth in
a concise statement the act being appealed and the grounds for its
reversal.
K.
All motor vehicles operating under any
permit required by this Chapter shall display the number or numbers
on each side in colors which contrast with that of the vehicle, such
numbers to be clearly legible and not less than six (6) inches high.
Each permit for processing or disposal facilities shall be prominently
displayed at the facility.
L.
Any agency issued a permit to collect,
transport or dispose of solid wastes as set forth herein shall agree
to indemnify and hold harmless the City from any liability, claim,
damage or cause of action which may be sustained or asserted against
said City as the result, directly or indirectly, or in any manner
of the performance or failure of performance on the part of the collecting
agency.
[R.O. 1991 § 245.070; Ord. No. 2803-11, 10-18-2011]
A.
The City 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 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
of solid waste.
8.
Collection points of solid waste
containers.
9.
Collection, transportation, processing
and disposal of solid waste, bulky waste, yard waste and demolition
and construction 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, sledges, 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 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 service charges
as hereinafter provided for.
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.
[R.O. 1991 § 245.080; Ord. No. 2803-11, 10-18-2011]
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.
Fail to have solid waste collected
as provided in this Chapter;
3.
Interfere in any manner with solid
waste collection 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;
4.
Burn solid waste unless an approved
incinerator is provided or unless a variance has been obtained from
the appropriate air pollution control agency;
5.
Dispose of solid waste at any facility
or location which is not approved by the City and the Missouri Division
of Health;
6.
Engage in the business of collection,
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;
7.
Violate any Section of this Chapter
or any other rule or regulation promulgated under the authority of
this Chapter or this Code.
B.
Any user found to be violating any provision
of this Section shall be served by the City with written notice stating
the nature of the violation and providing a reasonable time limit
for the satisfactory correction thereof.
[R.O. 1991 § 245.090; Ord. No. 2803-11, 10-18-2011]
A.
There is hereby imposed for the collection
and disposal of solid waste a service charge for each dwelling unit
and each commercial establishment to which such service shall be provided
under the provisions of this Chapter. The service charge for collection
of residential solid waste shall be established by the Board of Aldermen
by contract for the collection of solid waste by a third party or
by separate ordinance. The service charge shall include the cost of
providing the service and the administration of the service.
B.
The service and service charge shall be
terminated upon presentation of satisfactory proof to the City that
any such dwelling unit or establishment is unoccupied and shall be
commenced upon renewed occupancy thereof.
C.
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 potable 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 premises which has received such services, to recover any sums
due for such services plus a reasonable attorney's fee to be fixed
by the court.
D.
The service charge herein provided for
is hereby imposed upon the occupant of each dwelling unit receiving
such service under the provisions of this Chapter and billing therefor
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 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. At the
option of the City, the service charges shall be payable to the department
empowered to collect service charges imposed by the City and/or to
the person, company, County or other City that collects the residential
solid waste.
E.
If the service charges are collected by
the City, the service charges provided in this Chapter shall be included
on the billings and statements for water sale and service. Failure
to pay such service charge shall subject such person to the same penalties
as a failure to pay the water billing and shall authorize the City,
after due notice, to discontinue water service.
[R.O. 1991 § 245.100; Ord. No. 2803-11, 10-18-2011]
A.
Any person violating any of the provisions of this Chapter or any lawful rules or regulations promulgated pursuant thereto upon conviction shall be punished as set out in Section 100.220 and each day in which any such violation continues shall be deemed a separate offense.
B.
Any person who for any reason, fails to
provide for the collection and disposal of solid waste generated by
that person according to the provisions of the City's solid waste
management plan shall be deemed in violation of this Chapter.
C.
Any person collecting, transporting or disposing solid waste within the City who shall violate any provision of the Chapter shall be guilty of an ordinance violation and upon conviction shall be punished as set out in Section 100.220 and each day in which any such violation continues shall be deemed a separate offense.
[R.O. 1991 § 245.110; Ord. No. 2803-11, 10-18-2011]
Each applicant for a permit to collect
residential or commercial solid waste or to operate transportation,
processing or disposal facilities shall be required to post a performance
and indemnity bond in an amount to be determined by the City.
[R.O. 1991 § 245.120; Ord. No. 2803-11, 10-18-2011]
Nothing herein shall apply to disposition
of grass, weeds, limbs, or trees being removed under written contract
through a bonded hauler; however, each occupied residential unit shall
pay for regular weekly collection of solid waste as provided in this
Chapter.