[Ord. No. 2047, 11-4-1974]
A.
It
is necessary and proper for the City to regulate and control the collection
of trash and garbage for the general welfare, health and safety of
the citizens of Berkeley.
B.
Not
only should the owner be responsible for the cleanliness of his/her
property and the disposition of all trash and garbage on his/her property,
but so should the occupant, thereof. In this endeavor to keep the
City free from trash and garbage, it is the intent of the Council
to require both owner and occupants, if they be different persons,
to be responsible for the removal of trash and garbage from the property.
In this connection it is the intent of the Council in regard to this
responsibility to require the service charge to be paid by only one
(1) and not by both parties.
C.
It
is proper that the owner and occupant should, between themselves,
arrange and agree who should pay for this service charge. Both shall
be held individually and collectively obligated therefore and both
shall be subject to all the provisions of this Chapter in all respects.
A.
The property owner of any residential structure within the City is
required to obtain and timely pay the cost of trash and garbage collection
to the trash hauler designated by the Council of the City of Berkeley,
Missouri.
B.
All residential property owners shall use the trash hauler designated
by the City.
C.
Any property owner who fails to have an active trash collection service
with the company authorized by the City shall be in violation of this
Section.
D.
Any person violating any provision of this Section shall be guilty
of a misdemeanor, and upon conviction shall be subject to a fine of
not less than one dollar ($1.00) or more than one thousand dollars
($1,000.00) and/or imprisonment for a term up to ninety (90) days.
[1]
Editor’s Note: Section 5 of this ordinance provided
an effective date of 4-1-2016.
[CC 1961 §14.01; Ord. No. 2047 §1, 11-4-1974]
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 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 establishments 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 City of Berkeley, Missouri.
Removal and transportation of solid waste from its place
of storage to its place of processing or disposal.
A container as required herein shall be not more than thirty-five
(35) gallons capacity and of watertight construction with a tight
fitting lid and tapered sides with handles sufficiently strong for
workmen to empty conveniently, and weighing, with contents, not more
than fifty (50) pounds and be maintained in a good sanitary condition.
Disposable bags as approved by the City may be used.
Waste materials from the construction or destruction of residential,
industrial or commercial structures.
The director of the Solid Waste Management Program of the
City is to be the City Manager or his/her designee.
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 waste 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 person who, alone or jointly or severally with others,
shall be in actual possession of any dwelling unit or any other improved
real property, either as owner or as a tenant.
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. 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.
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
Solid waste.
The user fee established by the City for the collection of
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, post-use polymers,
recovered feedstocks, overburden, rock, tailings, matte, mill scale
and slag or other waste material resulting from mining, milling or
smelting. Solid waste does not include "yard waste" as defined herein.
Receptacle used by any person to store solid waste during
the interval between solid waste collection.
The process of discarding or getting rid of unwanted material.
In particular the final deposition of solid waste by man.
The entire solid waste system of storage, collection, transportation,
processing and disposal.
Keeping, maintaining or storing solid waste from time of
its production until the time of its collection.
Leaves, grass clippings, yard and garden vegetation and Christmas
trees. The term does not include stumps, roots or shrubs with intact
root balls.
[CC 1961 §14.02; Ord. No. 2047 §1, 11-4-1974; Ord. No. 2394 §1, 3-17-1980]
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 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
light weight and sturdy construction. The weight of any individual
container and contents shall not exceed fifty (50) 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 City Manager 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 Manager. The containers shall be waterproof, leakproof
and shall be covered at all times except when depositing waste therein
or removing the contents thereof; the said containers shall be stable.
If during testing the said containers tip over when a vertical force
of one hundred ninety-one (191) pounds or a horizontal force of seventy
(70) pounds is applied along the edge of the container, then the said
container is to be considered unstable.
E.
Tree
limbs less than four (4) inches in diameter and brush shall be securely
tied in bundles not larger than forty-eight (48) inches long and eighteen
(18) inches in diameter when not placed in storage containers. The
weight of any individual bundle shall not exceed fifty (50) pounds.
F.
Yard
waste 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 individual container and contents shall not exceed
fifty (50) pounds.
G.
Solid
waste containers which are not approved will be collected together
with their contents and disposed of.
[CC 1961 §14.03; Ord. No. 2047 §1, 11-4-1974]
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 all residential solid waste in
the City 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 interest of the City.
2.
Collection of commercial solid waste. 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.
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
Manager as hereinafter provided. All solid waste collected shall,
upon being loaded into collection equipment become the property of
the collection agency.
C.
Tree limbs and yard wastes, as described in Section 235.030, Subsections (E) and (F) respectively, shall be placed at the curb for collection. Thorn bushes and vines shall be bundled separately from other types of yard waste. Solid waste containers as required by this Chapter for the storage of other residential solid waste shall be placed at the curb for collection.
D.
Bulky
rubbish shall be collected by request to the City Manager. The City
Manager 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 within commercial establishments upon written
request of the owner and approval of the City Manager.
F.
The
following collection frequencies shall apply to collections of solid
waste within the City:
1.
All residential solid waste, other than bulky rubbish, should be
collected at least twice (2) weekly. At least sixty (60) hours shall
intervene between collections.
2.
In the event that certain rubbish is too large to fit into the container
and is not detrimental to health or sight and is not subject to foul
or offensive odors, such rubbish may be placed on the curb for collection.
3.
All garbage and rubbish shall be deposited in containers as defined
herein before collection, except such other items exclusive of garbage
may be placed by householder on the curb for collection as long as
they are too large to fit into the said container and are not detrimental
to the health and are not subject to foul, offensive odors. The householder
shall not place or allow said garbage or rubbish or container in front
of the front building line prior to 7:00 P.M. on the date preceding
the collection of same and shall not leave such container in front
of the front building line after 7:00 P.M. on the day of collection.
4.
It shall be unlawful for any person or persons, not duly authorized,
as provided herein, to tamper with, overturn, remove or destroy any
garbage or rubbish container mentioned herein.
5.
Failure to have and maintain containers as required herein shall
be prima facie evidence of a violation hereof.
G.
Storage Of Solid Waste Containers.
[Ord. No. 4373 §§ 1
— 9, 3-17-2017]
1.
It shall be unlawful for a real property owner or occupant to
store a residential solid waste container any place visible from the
front or side of the structure.
2.
Owners are allowed to store containers on the side of property
where an enclosure exists.
3.
Commercial solid waste containers shall not be stored upon public
property, unless the owner shall have been granted written permission
from the City to use the public property for such purposes.
4.
The storage site of commercial property shall be well drained;
fully accessible to collection equipment, public health personnel,
and fire inspection personnel.
5.
Commercial containers shall be enclosed, and out of sight and
as close to the building which they service as practical.
6.
Enclosures shall be approved by the Director of Public Works
or designee, and constructed under a building permit.
7.
In no way does this Subsection provide for anyone to leave containers
or loose trash at the curb or stored on the front or side of the property.
H.
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 alternative,
the entire bodies thereof shall be enclosed, with only loading hoppers
exposed. No solid waste shall be transported in the loading hoppers.
I.
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 1961 §14.04; Ord. No. 2047 §1, 11-4-1974]
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
Department of Natural Resources.
B.
The
City Manager 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 Manager and which will meet all local, State
and Federal regulations.
[CC 1961 §14.05; Ord. No. 2047 §1, 11-4-1974]
A.
No
persons 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 or franchise
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 therefore,
in addition to all other requirements set forth, shall file and maintain
with the City Manager 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 three hundred thousand dollars ($300,000.00)
for each person injured or killed, and in the amount of not less than
five hundred thousand dollars ($500,000.00) 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 hundred thousand dollars ($100,000.00)
for damage to property. Should any such policy be cancelled, the City
Manager 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 there:
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 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 areas; and
6.
Such other information as required by the City Manager.
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 Manager 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 thousand dollars ($1,000.00) for each solid waste transferring,
processing or disposal facility to be operated and a fee of thirty
dollars ($30.00) for each collection or transporting vehicle to be
used. If in the opinion of the City Manager, modifications can be
made to the applicant regarding service, equipment, or mode of operation,
so as to bring the application within the intent of this Chapter,
the City Manager 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 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 City Manager 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 apply for a permit as set forth in Subsection (B) and (C). No permits authorized by this Chapter shall be transferrable 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 Manager
is authorized to inspect all phases of solid waste management within
the City of Berkeley. 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 inspections 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 Manager 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 Manager 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, an extension of time may be granted.
I.
Any
person who feels aggrieved by any notice of violation or order issued
pursuant thereto of the City Manager may, within thirty (30) days
of the act for which redress is sought appeal directly to the Circuit
Court of St. Louis County in writing, setting forth in a concise statement
the act being appealed and the grounds for its reversal.
J.
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. In addition,
each motor vehicle operating under this Chapter shall have displayed
on the right-hand portion of the vehicle windshield a current City
of Berkeley solid waste identification sticker issued with the appropriate
permit.
K.
All
trailers used for the purpose of collecting or transporting solid
waste shall be subject to the provisions set forth in this Section
except that the permit fee shall be fifty percent (50%) of the fee
required for motor vehicles, and the City of Berkeley solid waste
sticker shall be displayed immediately to the left of the required
identification number on the right side of the trailer.
[CC 1961 §14.06; Ord. No. 2047 §1, 11-4-1974]
A.
The
City Manager shall enforce, and with the approval of the Council,
make, amend and revoke 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 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, sludges, ashes,
agriculture, construction, bulky items, tires, automobiles, oils,
greases, etc.
14.
Establishing the qualifications and procedures for participation
in the optional disposable container service charge for single-family
residential properties.
B.
The
Director of Finance 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
collections and/or disposal service charges as hereinafter provided.
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.
[CC 1961 §14.07; Ord. No. 2047 §1, 11-4-1974]
A.
It
shall be unlawful for any person to:
1.
Deposit solid waste in any solid waste container other than his/her
own, or place his/her container in front of the premises of another,
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 equipment, or
with solid waste collectors in the lawful performance of their duties
as such, whether such equipment or collector 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
a variance has been obtained from the appropriate air pollution control
agency;
4.
Dispose of solid waste in any facility or location which is not approved
by the City and the Missouri Department of Natural Resources;
5.
Engage in collecting, transporting, processing or disposing of solid
waste to spill or litter upon the public ways or private property
any solid waste without subsequently and immediately removing same
and restoring the affected area to its original condition;
6.
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 1961 §14.08; Ord. No. 2047 §1, 11-4-1974; Ord. No. 3300 §1, 9-6-1994; Ord. No. 3332 §1, 6-5-1995]
A.
There
shall be a service charge for the collection and disposal of solid
waste for each dwelling unit and each commercial establishment to
which such service shall be provided under the provisions of this
Chapter.
1.
The service charge for both residential and commercial solid waste
collected by the franchised hauler shall be set by ordinance prior
to the execution of a contract to provide the collection service.
2.
The service charge for single-family, residential dwellings shall
provide eligible residents with an option to pay a flat rate monthly
service charge or to purchase authorized disposable bags in lieu thereof
as specified in the executed contract with the franchised solid waste
collector.
3.
The service and service charge shall be terminated upon presentation
of satisfactory proof by the occupant or owner to the City Manager
that any such dwelling unit or establishment is unoccupied, and shall
be commenced upon renewed occupancy thereof.
B.
The
system of services established by the provisions of this Chapter is
designed as an integral part of the City's program of health and sanitation.
The City may enforce collection of such charges by bringing proper
legal action against the owner of any dwelling unit or the owner or
lessee of any commercial, industrial, institutional or agricultural
property receiving such services, to recover any sums due for such
service plus a reasonable attorney's fee to be fixed by the court.
C.
The
service charge herein provided is herein imposed upon the owner of
each dwelling unit, of each commercial, industrial, institutional
or agricultural property receiving such service under the provisions
of this Chapter and billing therefor shall be made to such person.
Service charges shall be payable to the department or agency charged
with the responsibility for collecting the service charge and such
department or agency shall notify the City Manager at the close of
each billing period of any and all bills which are delinquent.
D.
A discount
shall be applied to all solid waste service charges to eligible consumers
of the City of Berkeley. An "eligible consumer" is
any person who, as of January first (1st) of the year in which the
discount is requested, meets the following criteria:
1.
Owns, leases or rents residential property within the City of Berkeley
and occupies the same as a customary or primary place of residence.
If such residential property is owned, leased or rented by two (2)
or more persons, this qualification shall be deemed satisfied if one
(1) owner, lessee or renter satisfies the qualification; and
2.
Receives total gross income from all sources of all occupants of
the residence, including social security and private pension plans,
which falls within the following categories:
|
Number of Occupants
|
Category I
|
Category II
|
Category III
|
|---|---|---|---|
|
1
|
$15,550 — $12,251
|
$12,250 — $ 9,651
|
$ 9,650 & under
|
|
2
|
$17,105 — $13,476
|
$13,475 — $10,651
|
$10,650 & under
|
|
3
|
$18,815 — $14,826
|
$14,825 — $11,676
|
$11,675 & under
|
|
4
|
$20,700 — $16,301
|
$16,300 — $12,846
|
$12,845 & under
|
E.
Based upon level of income, discounts shall be applied to invoices for solid waste service charges of applicants satisfying the criterion set forth in Subsection (D) as follows:
|
Income Category
|
Discount
| |
|---|---|---|
|
Category I
|
30%
| |
|
Category II
|
40%
| |
|
Category III
|
60%
|
|
|
Service charge discounts shall be granted on an annual basis.
To qualify for a service charge discount, an applicant must submit
a request during the period of February first (1st) to April thirtieth
(30th) to the City Manager or Director of Finance together with such
documentary evidence as may be required by the City Manager or Director
of Finance to establish eligibility under this Section. Such evidence
may include, but is not limited to, proof of residency and income
from the preceding calendar year. Upon establishing eligibility, service
charge discounts shall be applied to invoices for solid waste charges
issued from May first (1st) to April thirtieth (30th) beginning in
the year of the request.
|
[CC 1961 §14.09; Ord. No. 2047 §1, 11-4-1974]
A.
Any
person violating any of the provisions of this Chapter or any lawful
rules or regulations promulgated pursuant thereto, or failing to pay
the service charges, penalty and interest, upon conviction, shall
be punished by a fine of not less than one dollar ($1.00) nor more
than five hundred dollars ($500.00); provided that each day's violation
thereof shall be a separate offense for the purpose hereof.
B.
In
addition to any other action that may be taken against a person for
non-payment of the service charge there shall be a lien upon the real
property where service has been provided for the collection of trash
and garbage when such service charges are not paid. Whenever any service
charges are not paid, the Director of Finance shall certify such amount
thereof due and owing and a description of the property and record
same in the special lien book and at the same time a copy of the special
lien shall be forwarded to the owner and occupant of the said property
and a copy may be sent to all other persons having an interest in
the said property.
[Ord. No. 3538 §1, 10-1-2001]
For the purpose of this Article, the following terms, phrases,
words and their derivations shall have the meaning given herein:
The biological decomposition of organic constituents under
controlled conditions.
The Director of the Department of Public Works.
The source separated leaves, grass clippings, tree trimmings
and limbs, yard and garden vegetation and Christmas trees.
A non-residential premise which collects and/or accepts recovered
yard by-product generated off-site for the purpose of controlled biological
decomposition.
[Ord. No. 3538 §1, 10-1-2001]
The purpose of this Article is to fully regulate all yard by-product
compost facilities within the boundaries of the City. It is the intent
of the City that such facilities be exempt from the provisions of
Subchapter T, Sections 607.1005 through 607.1170 of the St. Louis
County Revised Ordinances which pertain to yard by-product compost
facilities.
[Ord. No. 3538 §1, 10-1-2001]
This Article shall apply to all areas of yard by-product composting
within the jurisdiction of the City, including the existing natural
composting area located on Eva at Frost, which was operational prior
to the passage of the St. Louis County Ordinance No. 17291, Chapter
607.
[Ord. No. 3538 §1, 10-1-2001]
A.
The
Director of Public Works is appointed to administer and implement
the provisions of this Article. Duties and responsibilities of the
Director shall include, but not be limited to:
1.
Notifying the St. Louis County Department of Health Director of the
City's adoption of regulations as strict as those stated in Subchapter
T, Sections 607.1005 through 607.1170 of the St. Louis County Revised
Ordinances that relate to the construction, operation and closure
of a yard by-product compost facility in order to retain full regulatory
authority over privately and municipally-owned and/or operated yard
by-product compost facilities within the City's boundaries and supplying
the Director with a copy of this Article.
2.
Filing a statement with the St. Louis County Department of Health
Director at least once per year registering each yard by-product compost
facility regulated by the City. The statement shall contain the following
information:
[Ord. No. 3538 §1, 10-1-2001]
A.
The
construction, operation and closure of a yard by-product facility
shall be consistent with the provisions of this Article. Duties and
responsibilities of the Director for yard by-product compost facility
management shall include, but not be limited to:
1.
Developing, reviewing and/or approving a plan for the construction
and operation of a yard by-product compost facility which includes:
a.
A description of the type of materials the yard by-product compost
facility will accept.
b.
The maximum storage capacity of material which will allow for proper
management of the material.
c.
The technologies utilized to process and store the materials.
d.
Drawings detailing the operation of the yard by-product compost facility.
e.
Location of the nearest available water source.
f.
A description of windrow construction (or other approved methodology)
to achieve a marketable finished compost product.
g.
A description of construction of processing and storage bases. Bases
shall be designed to shed stormwater and maintain integrity through
continued use of heavy equipment.
2.
Developing, reviewing and/or approving a closure plan for the facility
consistent with this Article.
[Ord. No. 3538 §1, 10-1-2001]
A.
Yard
by-product compost facilities within the jurisdiction of the City
shall adhere to the following requirements:
1.
A facility shall not accept material beyond that which can be properly
managed.
2.
Materials for composting shall be stored in a manner that will minimize
the generation of odor and aesthetic problems, prevent spontaneous
combustion and the harborage of vectors, and not create a public health
nuisance.
3.
Vector control programs shall be implemented to prevent or rectify
vector problems.
4.
Surface watercourses and runoff shall be diverted to storm sewers,
detention ponds or other approved collection methods.
5.
Materials easily moved by wind shall be stored in such a manner so
as to prevent such material from becoming airborne and scattered.
6.
Fire extinguishers shall be provided and accessible.
7.
Persons not authorized shall not be permitted to remove or scavenge
in the materials deposited at the facility.
8.
Compliance with handling, storage and disposal requirements for materials
regulated under Federal, State and/or local jurisdictions shall be
met.
[Ord. No. 3538 §1, 10-1-2001]
A.
The
Director shall inspect the yard by-product compost areas when notified
by an operator that a yard by-product compost facility area has been
closed. The operator shall comply with the following:
1.
Remove or cause to be removed all yard by-product material from the
yard by-product compost facility site.
2.
Restore the site by planting grass and trees as determined necessary.
3.
Notify the Director in writing at least ninety (90) days prior to
the closure date (the date in which material for composting will no
longer be accepted).
4.
At least thirty (30) days prior to the closure date, notify all regular
suppliers and haulers of organic material (yard by-products and bulking
agents) and regular recipients/customers of compost of its intent
to close.
5.
At least thirty (30) days prior to the closure date post a legible
sign with letters not less than three (3) inches in height which states
the yard by-product compost facility's intent to close. The sign shall
also state the final date any yard by-product or other organic materials
used in the compost process will be received by the facility and the
final date compost may be obtained from the facility. The sign shall
be located at all facility access gates and shall be visible to all
customers entering the facility.
6.
Initiate implementation of the closure plan within ninety (90) days
of the closure date.
7.
Not later than thirty (30) days following the closure date, post
a sign easily visible at all access gates leading into the facility.
The text of such signs must read in letters not less than three (3)
inches high: "This facility is closed for all composting activities
and receipt of yard by-product. No dumping allowed. Violators are
subject to fines and imprisonment in the County Jail." Signs must
be maintained in legible condition until certification of completion
of closure is issued for the facility by the Director.
8.
Unless otherwise authorized, within one hundred eighty (180) days
of the closure date, final closure shall be completed.
9.
A yard by-product compost facility shall be considered finally closed
upon final inspection of the facility and certified closed by the
Director. If determined that closure has complied with this closure
plan, the Director shall, within thirty (30) days of the inspection
date, issue written certification of such to the operator of the facility.
This letter shall be sent as certified mail to the operator of the
facility.
[Ord. No. 3538 §§2 —
3, 10-1-2001]
A.
This
Article shall not be construed so as to relieve any person, firm or
corporation from any penalty heretofore incurred by the violation
of this Article nor bar the prosecution for any such violation.
