For the purposes of this Chapter, the following terms shall
be deemed to have the meanings indicated below:
- BULKY RUBBISH
- 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.
- CITY
- The City of Oakland, Missouri.
- COLLECTION
- Removal of solid waste from its place of storage to the transportation vehicle.
- COMMERCIAL SOLID WASTE
- All solid waste generated from a source other than a dwelling unit.
- CONTRACTOR
- Such person, firm or corporation as may be contracted with to provide solid waste transportation and disposal for the City.
- CURBSIDE
- A location adjacent to and not more than five (5) feet from any street.
- DISPOSABLE SOLID WASTE CONTAINER
- 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.
- DWELLING UNIT
- 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.
- GARBAGE
- Putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, serving or consumption of food.
- HAZARDOUS WASTES
- 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.
- MAJOR APPLIANCES
- Clothes washers and dryers, water heaters, trash compactors, dishwashers, conventional ovens, ranges, stoves, wood stoves, air-conditioners, refrigerators and freezers.
- OCCUPANT
- 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.
- PERSON
- Any natural individual, firm, partnership, trust, association or corporation. 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.
- PROCESSING
- Incinerating, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.
- PROHIBITED ITEMS
- 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.
- RESIDENTIAL SOLID WASTE
- Solid waste resulting from the maintenance and operation of dwelling units.
- 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.
- SOLID WASTE CONTAINER
- Receptacle used by any person to store solid waste during the interval between solid waste collections.
- SOLID WASTE DISPOSAL
- The process of discarding or getting rid of unwanted material. In particular the final disposition of solid waste by man.
- SOLID WASTE MANAGEMENT
- The entire solid waste system of storage, collection, transportation, processing and disposal.
- STORAGE
- Keeping, maintaining or storing solid waste from time of its production until the time of its collection.
- TRANSPORTATION
- 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.
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, business,
industrial or agricultural establishment 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 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.
A.
The City
shall provide for the collection of solid waste as follows:
1.
Collection of residential solid waste. The City shall provide
for the collection of residential 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.
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.
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. No alley service
shall be allowed under the terms of this Chapter, except as approved
by the Board of Aldermen.
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 each commercial, industrial, institutional
or other non-residential generator of solid waste to prepare, package
and store solid waste so generated as prescribed by this Chapter and
as it may be amended from time to time.
H.
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.
I.
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 solid waste shall
be collected once weekly and shall be collected at such lesser intervals
as may be fixed by the Board upon a determination that such lesser
intervals are necessary for the preservation of the health and/or
safety of the public.
J.
Residential solid waste containers shall be stored upon the residential premises. Except as provided in Subsection (C) hereof, all solid waste containers stored out-of-doors shall be stored behind any building located on the tract of land. Commercial solid waste containers shall remain in the location from which they are to be serviced except while being serviced.
K.
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.
L.
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 10:00
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.
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 260.255, RSMo., and
the rules and regulations adopted thereunder. The City may designate
the processing or disposal facility to be utilized by persons holding
permits under this Chapter.
B.
The Board
may classify certain wastes as hazardous wastes which will require
special handling and shall be disposed of only in a manner acceptable
to the Board which will meet all local, State and Federal regulations.
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.
[CC 1997 §22-7; Ord. No. 115 §11, 11-17-1948]
It shall be unlawful for any person to maintain or operate a
rubbish dump or to fill ground with rubbish other than clean dirt.
