[CC 1984 §60.010]
For the purposes of this Chapter the following terms shall be deemed to have the meaning indicated:
- APPROVED INCINERATOR
- An incinerator which complies with all current regulations of the Missouri Air Conservation Commission.
- 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 collection vehicles by solid waste collectors, with the equipment available therefor.
- The removal and transportation of solid waste from its place of storage to its place of processing or disposal.
- DEMOLITION AND CONSTRUCTION WASTE
- Waste materials from the construction or destruction of residential, industrial or commercial structures.
- DISPOSABLE SOLID WASTE CONTAINER
- A disposable plastic or paper sack with a capacity of twenty (20) to thirty-five (35) gallons specifically designed for storage of solid waste.
- 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.
- Putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, serving or consumption of food.
- HAZARDOUS WASTES
- Includes, but is not limited to, pathological wastes, explosive wastes, pesticides, pesticide containers, toxic or radioactive materials.
- MULTIPLE HOUSING FACILITY
- A structure containing more than one (1) dwelling unit.
- 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.
- Consists of incinerating, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.
- Solid waste.
- SOLID WASTE
- Any unwanted or discarded waste materials in a solid or semi-solid state, including but not limited to garbage, ashes, street refuse, rubbish, dead animals, animal and agricultural wastes, yard wastes, discarded appliances, special wastes, industrial wastes, and demolition and construction waste.
- 1. Commercial solid waste: Solid waste resulting from the operation of any commercial, industrial, institutional or agricultural establishment, and multiple housing facilities with more than two (2) dwelling units.
- 2. 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.
- SOLID WASTE CONTAINER
- A receptacle used by any person to store solid waste during the interval between solid waste collection.
- SOLID WASTE DISPOSAL
- The process of discarding or getting rid of unwanted material, in particular the final disposition of solid wastes by man.
- SOLID WASTE MANAGEMENT
- The entire solid waste system of storage, collecting, transportation, processing and disposal of solid waste.
- The keeping, maintaining or storing of solid waste from the time of its production until the time of its collection.
- YARD WASTES
- Consists of grass clippings, leaves, tree trimmings.
[CC 1984 §60.020]
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.
[CC 1984 §60.030]
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.
[CC 1984 §60.040]
Residential solid waste shall be stored in containers of not more than thirty-five (35) gallons or 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 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 regulations issued by the City may also be used for storage of residential solid waste.
[CC 1984 §60.050]
Commercial solid waste shall be stored in solid waste containers as approved by regulations issued 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 of City regulations.
[CC 1984 §60.060]
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 seventy-five (75) pounds.
[CC 1984 §60.070]
Yard wastes shall be stored in containers so constructed and maintained as to prevent the dispersal of wastes placed therein upon the premises served, upon adjacent premises, or upon adjacent public rights of way. The weight of any individual container and contents shall not exceed seventy-five (75) pounds.
[CC 1984 §60.080]
Solid waste containers which are not approved will be collected together with their contents and disposed of.
[CC 1984 §60.090]
The City shall provide for the collection of solid waste as follows:
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, County, or other City or a combination thereof, for the entire City or portions thereof, as deemed to be in the best interests of the City.
The 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.
[CC 1984 §60.100]
All solid waste from premises to which collection services are provided by the City or through a City contract 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.
[CC 1984 §60.110]
Tree limbs and yard wastes, as described in Sections 250.060 and 250.070 respectively, shall be placed at the curb or alley for collection. Solid waste containers as required by Chapter for storage of other residential solid waste shall be placed at the curb or alley for collection. Any solid waste containers, tree limbs, yard wastes, or other solid waste permitted by this Chapter to be placed at the curb for collection shall not be so placed until the regularly scheduled collection day.
[CC 1984 §60.120]
Bulky rubbish shall be collected by request to the City Clerk. The City shall establish by regulation the procedure for collecting bulky rubbish.
[CC 1984 §60.130]
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 approved by the Mayor.
[CC 1984 §60.140]
All residential or commercial solid waste shall be collected at least once weekly. The Mayor may order more frequent collection upon a determination that such more frequent collections are necessary for the preservation of the health and/or safety of the public.
[CC 1984 §60.150]
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.
[CC 1984 §60.160]
All collection vehicles shall be maintained in 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 water-tight 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.
[CC 1984 §60.170]
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 1984 §60.180]
Solid wastes shall be disposed of at a processing facility or disposal area approved by the City and complying with all requirements of the Department of Natural Resources.
[CC 1984 §60.190]
The City may by regulation classify certain wastes as hazardous wastes which will require special handling and shall be disposed of only in a manner acceptable to City regulation, and which meet all State and Federal regulations.
[CC 1984 §60.200]
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.
This permit shall be required in addition to any other license or permit required by this Code or other ordinance.
[CC 1984 §60.210]
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 his application 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 hundred thousand dollars ($100,000.00) for each person injured or killed, and in the amount of not less than eight hundred thousand dollars ($800,000.00) 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) of liability for damage to property. 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.
[CC 1984 §60.220]
Each applicant for any such permit shall state in his application therefor:
The nature of the permit desired, as to collect, transport, process, or dispose of solid waste or any combination thereof;
The characteristics of solid waste to be collected, transported, processed, and/or disposed;
The number of solid waste vehicles to be operated thereunder;
The precise location or locations of solid waste processing or disposal facilities to be used;
The boundaries of the collection area; and
Such other information as may be required by City regulation.
[CC 1984 §60.230]
If the application shows that the applicant will collect, transport, process or dispose of solid waste without hazard to the public health or damage to the environment and in conformity with the laws of the State of Missouri and this Code and other ordinances, the Board of Aldermen shall issue the permit authorized by this Chapter. The permit shall be issued for a period of one (1) year or fraction thereof, and each applicant shall pay therefor a fee for each solid waste processing or disposal facility to be operated and a fee for each collection vehicle to be used. If in the opinion of the Board of Aldermen 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 Board shall notify the applicant setting forth the modification to be made and the time in which it shall be done.
[Ord. No. 908-83 §1, 4-19-1983; CC 1984 §60.240]
[CC 1984 §60.250]
No permit issued under this Chapter shall be transferred or assigned or used in any way by any person other than the one to whom it was issued.
[CC 1984 §60.260]
All permits issued under the provisions of this Chapter shall expire on the thirty-first (31st) day of December following the issuance thereof. For a partial year permit, the fee shall be pro-rated quarterly. No license fee shall be returned to the holder upon sale, transfer or dissolution of the business for which the license was issued.
[CC 1984 §60.270]
If the applicant does not make the modifications pursuant to the notice given by the Board of Aldermen as described in Section 250.230 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 Board of Aldermen, stating the reasons for such denial.
Nothing in this Section shall prejudice the right of the applicant to reapply after the rejection of his first (1st) application, provided that all respects of the reapplication comply with the provisions of this Chapter.
[CC 1984 §60.280]
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.
[CC 1984 §60.290]
In order to ensure compliance with the laws of this State, this Chapter, and the rules and regulations authorized herein, the Mayor is authorized to direct the inspection of all phases of solid waste management within the City. 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 violations 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, notice of each violation shall be issued 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.
[CC 1984 §60.300]
In all cases, when the corrective measures have not been taken within the time specified, the Mayor shall suspend or revoke the 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.
[CC 1984 §60.310]
The Mayor may make, amend, revoke, and enforce reasonable and necessary rules and regulations, governing but not limited to:
Preparation, draining and wrapping of garbage deposited in solid waste containers.
Specifications for solid waste containers, including the type, composition, equipment, size and shape thereof.
Identification of solid waste containers and of the covers thereof, and of equipment thereto appertaining, if any.
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 containers.
Storage of solid waste in solid waste containers.
Sanitation, maintenance and replacement of solid waste containers.
Schedules of and routes of collection of solid waste.
Collection points of solid waste containers.
Collection and disposal of solid waste.
Processing facilities and fees for the use thereof.
Disposal facilities and fees for the use thereof.
Records of quantity and type of wastes received at processing and/or disposal facilities.
Handling of special wastes such as toxic wastes, sludges, ashes, agricultural, construction, bulky wastes, tires, automobiles, oils, greases, etc.
[CC 1984 §60.320]
It shall be unlawful for any person to:
Deposit solid waste in any solid waste container other than his own, without the written consent of the owner of such container and/or with the intent to avoid payment of the service charge hereinafter provided for solid waste collection and disposal.
Interfere in any manner with solid waste collection equipment, or with solid waste collectors in the lawful performance of their duties as 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;
Burn solid waste unless an approved incinerator is provided or unless a variance has been obtained from the appropriate air pollution control agency;
Dispose of solid waste at any facility or location which is not approved by the City and the Department of Natural Resources;
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 1984 §60.330]
There may be 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.
[CC 1984 §60.340]
There shall be assessed a penalty for failure to pay the established fee for garbage and trash hauling for all accounts delinquent for sixty (60) days. The penalty shall be calculated for the entire period of delinquency and shall be assessed and collected for a fraction of any month in excess of ten (10) days from the first (1st) day of the month. The penalty shall be fifty cents ($0.50) for each month or fraction thereof as provided herein.