Section 235.060 Storage Containers — Duty to Place Solid Waste in Containers and Maintain in Clean and Sanitary Condition.
Section 235.190 Effect of Article Upon Removal, Hauling, Etc., of Materials From Grading or Excavation Activities.
[R.O. 2012 §235.010; Ord. No. 195 §13-11, 7-26-1983; Ord. No. 209 §4(13-11), 4-10-1984; Ord. No. 228 §1(13-11), 12-11-1984]
For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
- APPROVED INCINERATOR
- An incinerator which complies with all current regulations of the State Air Conservation Commission.
- BULKY RUBBISH
- Non-putrescible solid wastes consisting of combustible or non-combustible waste materials from dwelling units, or 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 equipment available thereof.
- Removal and transportation of solid waste from its place of storage to its place of processing or disposal.
- CONSTRUCTION AND DEMOLITION WASTE
- 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.
- The City Administrator or his/her authorized representative.
- DISPOSABLE SOLID WASTE CONTAINER
- Plastic bags, paper bags, cardboard or wooden containers, specifically designed for the disposal of solid wastes.
- 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.
- HAZARDOUS WASTES
- 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.
- MULTIPLE HOUSING FACILITY
- In any building in the City of Normandy in which two (2) or more persons or families reside in separate buildings or household units under one (1) common roof, the owner thereof shall subscribe and pay for the collection of garbage and rubbish for each unit contained in the building.
- 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.
- Incinerating, composting, bailing, 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 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 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 SYSTEM
- 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 waste from the time of its production until the time of its collection.
- 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.
[R.O. 2012 §235.020; Ord. No. 195 §13-12, 7-26-1983]
The Director shall make, amend, revoke and enforce reasonable and necessary rules and regulations governing, but not limited to:
Preparation, drainage 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 thereof 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 waste containers.
Storage of solid waste in solid waste containers.
Sanitation, maintenance and replacement of solid waste containers.
Schedules of and routes for 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 or disposal facilities.
Handling of special wastes such as toxic wastes, sludges, ashes, agriculture, construction, bulky items, tires, automobiles, oils, greases, etc.
The City Administrator 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 or disposal service charges, as hereinafter, provided for.
A copy of all rules and regulations made and promulgated under the provisions of this Section shall be filed in the office of the City Clerk.
[R.O. 2012 §235.030; Ord. No. 195 §13-13, 7-26-1983; Ord. No. 500 §3, 4-8-2002]
It shall be unlawful for any person to:
Deposit solid waste in any solid waste container other than his/her own, without the written consent of the owner of such container, or with the intent of avoiding 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 either of the City or 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 State Division of Health.
Engage in the business of collecting, transporting, processing or disposing of solid waste within the corporate limits without a permit from the City, or operate under an expired permit, or operate after a permit has been suspended or revoked.
Transport solid waste, garbage, refuse, yard waste, bulky rubbish or any other type of waste from outside of the City for collection within the City.
[R.O. 2012 §235.040; Ord. No. 195 §13-14, 7-26-1983; Ord. No. 228 §2(13-14), 12-11-1984; Ord. No. 500 §2, 4-8-2002; Ord. No. 730 (rnbd from 720), 7-3-2018]
The system of services established by the provisions of this Section 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 drainage. For the purpose of defraying the cost of collecting, receiving, and disposing of garbage and rubbish, the City will bill and collect a mandatory service charge from each dwelling unit. The mandatory service charge shall be imposed upon the owner or occupant of each dwelling unit whether the services are used or not; provided however, that there will not be a charge for a vacant unit. The City may enforce collection of such charges by bringing proper legal action against the occupant or owner of any premises which has received such service, to recover any sums due for such services plus a reasonable attorney's fee to be fixed by the Court. The service charge, herein provided for is hereby imposed upon the owner of each dwelling unit receiving such service under the provisions of this Article.
In any building in the City in which two (2) or more persons or families reside in separate living or household units under one (1) common roof, the owner thereof shall subscribe and pay for the collection of garbage and rubbish for each unit contained in the building.
The service charge for each commercial establishment or multiple-family dwelling unit will be determined by the Director on the basis of quantity and characteristics of material, point of pickup, and time required to collect the solid waste if service is performed by the City. The rate shall be ratified by the Mayor and City Council by resolution or set in conjunction with the adoption of the annual budget of the City and contained in the budget document. The service charge for each residential dwelling unit will be determined by the Director and include in the annual budget of the City. The rate shall be ratified by the Mayor and City Council by resolution or set in conjunction with the adoption of the annual budget of the City and contained in the budget document.
Nothing herein shall preclude the Mayor and City Council from reviewing from time to time the operation of the sanitation division and by resolution adopting such rates as authorized by law as they deem appropriate and necessary to defray the cost of collecting, receiving, and disposing of residential and commercial garbage and rubbish.
The charge for garbage and rubbish collection by the City shall be payable in advance of service rendered on the first (1st) of the months of April and October, beginning July 1983; and all charges shall be delinquent if not paid within thirty (30) days after becoming due. Failure to pay the charges due within thirty (30) days after the due date shall be grounds for discontinuance of the service, which shall not be restored until all delinquent charges are paid. New customers starting service during a period shall pay for the period to the next semi-annual payment, pro-rated monthly, and semi-annually thereafter.
Owners have the ultimate responsibility for payment of sanitation charges. Delinquent charges may be charged as a special tax bill and shall become a lien against the property if not paid within thirty (30) days of the date of the special tax bill.
Beginning January 1, 2019, in addition to the payment of all delinquent charges, a service fee of thirty-five dollars ($35.00) shall be charged for reinstatement of services discontinued pursuant to Subsection (F).
Nothing shall preclude any subscriber from paying the total year fee in advance and the City may offer a discount to those subscribers who do pay annually in advance of service rendered.
No credits will be issued for early termination of service in any billing period.
[R.O. 2012 §235.050; Ord. No. 195 §13-15, 7-26-1983]
The occupant and owner of every dwelling unit and of every institutional, commercial or business, industrial or agricultural establishment producing solid waste within the corporate limits 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 or establishment, and shall maintain such solid waste containers at all times in good repair.
Section 235.060 Storage Containers — Duty to Place Solid Waste in Containers and Maintain in Clean and Sanitary Condition.
[R.O. 2012 §235.060; Ord. No. 195 §13-16, 7-26-1983]
The occupant and owner 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.
[R.O. 2012 §235.065; Ord. No. 634 §1, 12-7-2010; Ord. No. 640 §1, 6-7-2011]
All commercial buildings and buildings containing four (4) or more residential units within the City of Normandy having one (1) or more trash containers shall adequately screen the trash containers with appropriate materials, so as to conceal the visibility of the trash containers from the right-of-way and from neighboring residential properties. For the purposes of this Section a "trash container" is any container that is over one hundred (100) gallons in size and which is not for public use.
All such trash container enclosures shall conform to all yard and setback requirements for principal and accessory structures. This Section shall not apply to any trash containers which are not reasonably visible, as determined by the Code Enforcement Officer, from residential properties or a public right-of-way.
Screening for trash containers shall be of a suitable material, such as a vinyl polymer, that matches or is compatible with the building. If the screening is constructed from wood, it must be painted or stained so as to protect from rotting and in a manner matches the building to which it relates. Chain link fences shall not be permitted as a means for screening trash containers.
[R.O. 2012 §235.070; Ord. No. 195 §13-17, 7-26-1983; Ord. No. 209 §5(13-17), 4-10-1984]
Residential solid waste shall be stored in the following type containers:
Metal type container of not less than twenty-five (25) gallons and not more than thirty-two (32) gallons.
Plastic type containers, which are manufactured of unbreakable material of not less than twenty-five (25) gallons and not more than thirty-two (32) gallons.
All containers shall be leakproof, waterproof, and fitted with a fly-tight lid and shall be properly covered at all times, excepting when depositing waste therein or removing the contents therefrom.
All containers shall have handles, bails, or other suitable lifting devices or features.
Containers shall be of a type manufactured for residential solid waste use with tapered sides. The containers shall be light weight and of sturdy construction. The individual container and contents shall not exceed seventy-five (75) pounds.
Plastic bags may be used as "liners" for containers that hold residential solid waste.
Yard wastes. Leaves, grass and weeds may be stored in plastic bags and securely fastened after the contents are stored therein outside and separate from a container and are to be placed at the curb.
Number of containers. Not more than three (3) containers shall be placed for pick-up on garbage collection days by the residents of any one (1) household with the exception of trash and garbage collections immediately after a holiday, four (4) containers of the type heretofore described may be placed for collection by the occupants of a household.
All trash and garbage shall be placed at the curb and/or front building line on days of collection for pick-up.
All trash, garbage and heavy pick-up shall be placed for disposal not earlier than 6:00 P.M. of the day preceding pick-up, and the containers shall be removed no later than 10:00 P.M. of the designated pick-up day.
[R.O. 2012 §235.080; Ord. No. 195 §13-18, 7-26-1983]
Commercial solid waste shall be stored in solid waste containers as approved by the Director. The containers shall be waterproof, leakproof and shall be covered at all times except when depositing waste therein or removing the contents thereof, and shall meet all requirements as set forth by Section 235.020.
[R.O. 2012 §235.090; Ord. No. 195 §13-19, 7-26-1983]
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 and adjacent public rights-of-way. The weight of any individual container and contents shall not exceed seventy-five (75) pounds.
[R.O. 2012 §235.100; Ord. No. 195 §13-20, 7-26-1983]
Solid waste containers which are not approved will be collected, together with their contents, and disposed of.
[R.O. 2012 §235.110; Ord. No. 195 §13-21, 7-26-1983]
Tree limbs less than four (4) inches in diameter shall be placed at the curb for the chipper prior to 7:00 A.M. Monday morning. Limbs in excess of four (4) inches in diameter shall be cut in sections not to exceed forty-eight (48) inches in length and placed at the curb.
[R.O. 2012 §235.120; Ord. No. 195 §13-22, 7-26-1983]
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 and fully accessible to collection equipment, public health personnel and fire inspection personnel.
[R.O. 2012 §235.130; Ord. No. 195 §13-23, 7-26-1983]
The City shall provide for the collection of solid wastes as follows:
Collection of residential solid waste. The City shall provide for the collection of all residential solid waste in the City; provided, 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.
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 collections of all solid waste produced upon any such premises.
[R.O. 2012 §235.140; Ord. No. 195 §13-24, 7-26-1983]
All solid waste from premises to which collection services are provided by the City shall be collected, except bulky rubbish as defined herein; provided, that bulky rubbish will be collected if tied securely in bundles not exceeding reasonable limitations of weight and bulk, to be fixed by regulations to be made and promulgated by the Director as hereinafter provided. All solid waste collected shall, upon being loaded into collection equipment, become the property of the collection agency.
[R.O. 2012 §235.150; Ord. No. 195 §13-25, 7-26-1983]
Tree limbs and yard wastes, as described in Sections 235.090 and 235.110 respectively, shall be placed at the curb or alley for collection. Solid waste containers as required by this Article for the storage of other residential solid waste shall be placed at the front of the building for collection. Any solid waste containers, tree limbs, yard wastes or other solid waste permitted by this Article to be placed at the curb or alley for collection shall not be so placed until the regularly scheduled collection day and said containers shall be removed from the curb and placed at or behind the front building line after collection the same day.
[R.O. 2012 §235.160; Ord. No. 195 §13-26, 7-26-1983]
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 Article. 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 Director.
[R.O. 2012 §235.170; Ord. No. 195 §13-27, 7-26-1983]
The following collection frequencies shall apply to collection of solid waste within the City:
All residential solid waste, other than bulky rubbish, shall be collected at least twice weekly. At least thirty-six (36) hours shall intervene between collections. All commercial solid waste shall be collected at least twice 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 or safety of the public.
[R.O. 2012 §235.180; Ord. No. 195 §13-28, 7-26-1983]
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 water-tight bodies and with covers which shall be an integral part of the vehicle or separate covers of suitable material with fasteners designed to secure all sides of the cover to the vehicle, which shall be secured whenever the vehicle is transporting solid waste, or the entire bodies thereof shall be enclosed, with only loading hoppers exposed. No solid waste shall be transported in the loading hoppers.
Section 235.190 Effect of Article Upon Removal, Hauling, Etc., of Materials From Grading or Excavation Activities.
[R.O. 2012 §235.190; Ord. No. 195 §13-29, 7-26-1983]
Permits shall not be required under this Article 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 shall be so constructed and maintained that none of the material being transported shall spill upon the public rights-of-way.
[R.O. 2012 §235.200; Ord. No. 195 §13-30, 7-26-1983]
[R.O. 2012 §235.210; Ord. No. 195 §13-31, 7-26-1983]
Solid wastes shall be disposed of at a processing facility or disposal area approved by the City and complying with all requirements of the State Division of Health.
[R.O. 2012 §235.220; Ord. No. 195 §13-32, 7-26-1983]
The Director may classify certain wastes as hazardous wastes, which will require special handling and which shall be disposed of only in a manner acceptable to the Director, and which will meet all local, State and Federal regulations.
[R.O. 2012 §235.230; Ord. No. 195 §13-33, 7-26-1983]
No person, company, or corporation shall engage in the business of collecting, transporting, processing or disposing of solid waste within the corporate limits, without first obtaining an annual permit therefor from the City; provided, that this provision shall not be deemed to apply to employees of the holder of any such permit.
Any persons, company, or corporation engaged in the business of collecting, transporting, processing or disposing of solid waste or trash shall collect, transport, process or dispose of said solid waste or trash between the hours of 6:00 A.M. and 6:00 P.M. Monday through Saturday only.
[R.O. 2012 §235.240; Ord. No. 195 §13-34, 7-26-1983]
No permit shall be issued under this Article until and unless the applicant therefor, in addition to all other requirements set forth, shall file and maintain with the Director 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 three hundred thousand dollars ($300,000.00) 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 twenty-five thousand dollars ($25,000.00) for damage to property. Should any such policy be canceled, the Director 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 notice.
[R.O. 2012 §235.250; Ord. No. 195 §13-35, 7-26-1983]
Each applicant for a permit under this Article shall state in his/her application therefor:
The nature of the permit desired, whether to collect, transport, process or dispose of solid waste, or any combination thereof.
The characteristics of solid waste to be collected, transported, processed or disposed.
The number of solid waste vehicles to be operated thereunder.
The precise location of solid waste processing or disposal facilities to be used.
Boundaries of the collection area.
Such other information as required by the Director.
[R.O. 2012 §235.260; Ord. No. 195 §13-36, 7-26-1983]
If the applicant for a permit under this Article 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 State law and this Article, the Director shall issue the permit authorized by this Article. The permit shall be issued for a period of one (1) year, and each applicant shall pay therefor a fee of fifty dollars ($50.00).
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 Article, the Director shall notify the applicant in writing, setting forth the modification to be made and the time in which it shall be done.
[R.O. 2012 §235.270; Ord. No. 195 §13-37, 7-26-1983]
If the applicant does not make the modifications pursuant to the notice provided for in Section 235.260 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 Article.
[R.O. 2012 §235.280; Ord. No. 195 §13-38, 7-26-1983]
The annual permit may be renewed simply upon payment of the fee 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 Sections 235.240 and 235.250. No permits authorized by this Article shall be transferrable from person to person.
[R.O. 2012 §235.290; Ord. No. 195 §13-41, 7-26-1983]
Any person who feels aggrieved by any notice of violation by the Director, or order issued pursuant thereto, may within ten (10) days of the act for which redress is sought, appeal directly to the City Council, in writing, setting forth in concise statement the act being appealed and the grounds for its reversal.
[R.O. 2012 §235.300; Ord. No. 209 §1(13-8), 4-10-1984; Ord. No. 219 §1(13-8), 7-17-1984]
In order to insure compliance with the laws of this State, this Code and the rules and regulations authorized herein, the Director, or his/her authorized representative, is authorized to inspect 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 Code or the rules and regulations authorized herein for the storage, collection, transportation, processing or disposal of solid waste or the laws of the State, the Director, or his/her authorized representative, shall issue notice for each such violation stating therein the violation found, the time and date and the corrective measure to be taken together with the time in which such corrections shall be made. For the purpose of this Article, such notice shall be served by posting on the property, in a conspicuous place, or served in person, or mailed to the owner, caretaker, tenant, or agent of the property setting forth the violation and shall give the owner, caretaker, tenant or agent five (5) days from the date of the notice to abate the nuisance or violation. Only one (1) such notice within a twelve (12) month period or within twelve (12) months of any court action for a violation of a similar nature shall be required. Each day a nuisance or violation occurs or is allowed to occur, shall constitute a separate violation of this Article.
[R.O. 2012 §235.310; Ord. No. 209 §2(13-9), 4-10-1984]
In all cases when the corrective measures have not been taken within the time specified, the Director or his/her authorized representative, shall proceed with prosecution in Municipal Court. 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.
[R.O. 2012 §235.320; Ord. No. 209 §3(13-10), 4-10-1984]
Whenever any nuisance or violation of this Code is permitted on any lot or part of lot in the City, the owner, caretaker, tenant or agent having the care of the lot or part of lot shall be liable not only to the penalties provided in Section 100.210 for violation of this Code but shall also be required to abate such nuisance or violation from the lot or part of lot so owned by him/her as provided in this Code.
[R.O. 2012 §235.410; Ord. No. 499 §1, 2-12-2002]
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.
- YARD BY-PRODUCT
- The source separated leaves, grass clippings, tree trimmings and limbs, yard and garden vegetation and Christmas trees.
- YARD BY-PRODUCT COMPOST FACILITY
- A non-residential premise which collects and/or accepts recovered yard by-product generated off-site for the purpose of controlled biological decomposition.
[R.O. 2012 §235.420; Ord. No. 499 §1, 2-12-2002]
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.
[R.O. 2012 §235.430; Ord. No. 499 §1, 2-12-2002]
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 at Parchester Park in the City of Normandy which was operational prior to the passage of the St. Louis County Ordinance No. 17291, Chapter 607.
[R.O. 2012 §235.440; Ord. No. 499 §1, 2-12-2002]
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:
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.
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:
[R.O. 2012 §235.450; Ord. No. 499 §1, 2-12-2002]
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:
Developing, reviewing and/or approving a plan for the construction and operation of a yard by-product compost facility which includes:
A description of the type of materials the yard by-product compost facility will accept.
The maximum storage capacity of material which will allow for proper management of the material.
The technology utilized to process and store the materials.
Drawings detailing the operation of the yard by-product compost facility.
Location of the nearest available water source.
A description of windrow construction (or other approved methodology) to achieve a marketable finished compost product.
A description of construction of processing and storage bases. Bases shall be designed to shed storm water and maintain integrity through continued use of heavy equipment.
[R.O. 2012 §235.460; Ord. No. 499 §1, 2-12-2002]
Yard by-product compost facilities within the jurisdiction of the City shall adhere to the following requirements:
A facility shall not accept material beyond that which can be properly managed.
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.
Vector control programs shall be implemented to prevent or rectify vector problems.
Surface watercourses and runoff shall be diverted to storm sewers, detention ponds or other approved collection methods.
Materials easily moved by wind shall be stored in such a manner so as to prevent such material from becoming airborne and scattered.
Fire extinguishers shall be provided and accessible.
Persons not authorized shall not be permitted to remove or scavenge in the materials deposited at the facility.
Compliance with handling, storage and disposal requirements for materials regulated under Federal, State and/or local jurisdictions shall be met.
[R.O. 2012 §235.470; Ord. No. 499 §1, 2-12-2002]
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:
Remove or cause to be removed all yard by-product material from the yard by-product compost facility site.
Restore the site by planting grass and trees, as determined necessary by the Director of Public Works.
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).
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.
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.
Initiate implementation of the closure plan within ninety (90) days of the closure date.
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 St. Louis County Jail." Signs must be maintained in legible condition until certification of completion of closure is issued for the facility by the Director.
Unless otherwise authorized, within one hundred eighty (180) days of the closure date, final closure shall be completed.
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.