[1]
Editor's Note: Former Art. I, Generally, was superseded by
Ord. No. 748. Prior history includes: R.O. 2012, Ord. No. 195, Ord.
No. 209, Ord. No. 219, Ord. No. 228, Ord. No. 500, Ord. No. 634, Ord.
No. 640, and Ord. No. 730.
[Ord. No. 748, 12-7-2021]
The City hereby divests and discontinues the public service
of solid waste collection and disposal throughout the City. This service
will be privatized and subject to an exclusive license agreement.
[Ord. No. 748, 12-7-2021]
The City will grant an exclusive license agreement to a solid
waste provider with the intent to achieve economies of scale, uniformity,
and health and safety objectives for the City's residents. No
person or entity shall engage in the business of collecting, transporting,
processing or disposing of solid waste within the corporate limits
of the City except the collection agency, service provider, or contractor
who has been selected by the City. The City Council may, for the benefit
of the public's health and/or safety, switch or alternate suitable
persons or entities for the exclusive right to collect and dispose
of the solid waste throughout in the City or any part thereof. Any
exclusive agreement shall be set forth in writing and approved by
the City through a separate action of the Council.
[Ord. No. 748, 12-7-2021]
The resident, property owner, or the person(s) generating waste,
recyclables, or bulk items shall be obligated to accept and pay for
the services provided in accordance with the exclusive license agreement
and may not accept these services of any other provider. In the event
that the resident, property owner, or the person(s) generating waste,
recyclables, or bulk items fails to pay for the collection herewith
and the City receives notice of such failure, along with the notice
that the service provider is discontinuing service, the City will
not issue any licenses or permits to said individuals or their associated
properties until the services have been restored.
[Ord. No. 748, 12-7-2021]
A.
Solid waste will be collected at the curbside once a week barring
any exceptions or unforeseen circumstances. Dates and times may vary
in accordance with a predetermined scheduled. Waste should be limited
to the contents of a designated trash bin or container.
B.
Recyclable waste will be collected at the curbside once a week barring
any exceptions or unforeseen circumstances. Dates and times may vary
in accordance with a predetermined scheduled. Recyclables should be
limited to the contents of a designated recycling bin or container.
C.
Bulk items will be collected at the curbside once a week barring
any exceptions or unforeseen circumstances. Dates and times may vary
in accordance with a predetermined scheduled. Bulk items are limited
to one (1) item per residence with a maximum weight of one hundred
(100) lbs. per item. Electronics and appliances are excluded.
D.
Yard waste will be collected at the curbside once a week barring
any exceptions or unforeseen circumstances. Dates and times may vary
in accordance with a predetermined scheduled. Yard waste shall be
limited to six (6) brown paper (yard waste) bags per residence. Yard
waste collection services will be provided each month [twelve (12)]
throughout the year. The service provider will be responsible for
providing the designated trash and recycle containers and replacing
same should any damaged occur in the course of performing collection
services. Trash and recycling containers owned and previously used
by the City may remain in use, at the service provider's discretion,
as long as the usefulness of the container remains viable.
[Ord. No. 748, 12-7-2021]
The service provider is responsible for direct-billing to the
resident, property owner, or the person(s) utilizing these services.
Payment and collection of payments shall be handled by the service
provider. The City will not assist, participate, or interfere with
any payment or billing practices of the provider unless any such practice
violates a term of the exclusive service agreement.
[Ord. No. 748, 12-7-2021]
A.
It shall be unlawful for any person to:
1.
Deposit solid waste in any solid waste container, other than
his/her own, without the written consent of the owner of such container
and/or with the intent of avoiding payment of the service charge hereinafter
provided for solid waste collection and disposal.
2.
Fail to have solid waste collected as provided in this Article.
3.
Interfere in any manner with solid waste collection and transportation
equipment or with solid waste collectors in the lawful performance
of their duties as such, whether such equipment or collectors are
those of the City or those of a solid waste collection agency operating
under contract with the City.
4.
Burn solid waste unless an approved incinerator is provided
or unless a variance has been obtained from the appropriate air pollution
control agency.
5.
Dispose of solid waste at any facility or location which is
not approved by the City and the State Department of Natural Resources.
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.
7.
Users of this service shall not place or allow any waste or
storage container in front of the premises prior to 4:00 P.M. on the
day preceding collection and shall remove such storage container no
later than 10:00 P.M. of the designated pickup day.
8.
No user of this service shall place for collection more than
three (3) such containers on the street for any one (1) collection.
With regard to yard waste and bulky rubbish, no user of this service
shall place for collection more than six (6) such storage containers
or bundles on the street for any one (1) collection.
9.
It shall be unlawful for any person or persons, other than a
duly authorized collection agency, to tamper with, overturn, remove
or destroy any waste container mentioned herein.
10.
Failure to have and maintain containers as required herein shall
be prima facie evidence of a violation of this Article.
11.
Violate any Section of this Article or any other rule or regulation
promulgated under the authority of same.
[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.
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.
[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]
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:
[R.O. 2012 §235.450; Ord. No. 499 §1, 2-12-2002]
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 technology 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 storm water and maintain integrity through
continued use of heavy equipment.
[R.O. 2012 §235.460; Ord. No. 499 §1, 2-12-2002]
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.
[R.O. 2012 §235.470; Ord. No. 499 §1, 2-12-2002]
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
by the Director of Public Works.
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 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.
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.
