[Ord. No. 1226 §I, 6-18-2001]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
Any individual, firm, partnership, corporation, association,
club, agency or other organization engaged in this City in retail
or wholesale commercial, manufacturing, individual or personal services,
education, religious, benevolent or professional activities or in
the management or operation thereof.
Any individual, firm, partnership, corporation or employees
thereof under contract with the City for the collection, removal and
final disposition of solid waste from all premises owned, rented,
leased or occupied by any householder within the City under the direction
and supervision of the Director of Solid Waste.
The individual who has been duly appointed to the office
of Director of Solid Waste of this City, who is charged with the enforcement
of the provisions of this Chapter.
Any individual who is the legal owner or nominal head of
a household comprised of himself/herself and other individuals who
own or hold temporary or permanent domicile in a single-family dwelling,
hotel or boarding school within this City.
The premises and activities of any individual, firm, partnership,
corporation, association, club, public or private agency or other
organization engaged within this City in teaching of any kind, in
religious or benevolent services or in the temporary or permanent
care or treatment of more than three (3) individuals who either have
or are suspected of having physical or mental afflictions.
Any kind or portion thereof used or designed as a residence
for two (2) or more families living independently of each other.
Any person who has been licensed by the City to engage in
the collection, removal and final disposition of solid waste and who
has been employed by any other person to render such services.
Garbage, refuse and other discarded materials including,
but not limited to, solid and semi-solid waste materials resulting
from industrial, commercial, agricultural, governmental and domestic
activities, but does not include hazardous waste as defined in Sections
260.360 to 260.432, RSMo., recovered materials, overburden, rock,
tailings, matte, slag or other waste material resulting from mining,
milling or smelting. Solid waste does not include "Yard Waste" as defined herein.
Leaves, grass clippings, yard and garden vegetation and Christmas
trees. The term does not include stumps, roots or shrubs with intact
root balls.
[Ord. No. 1226 §I, 6-18-2001]
A.
The
City shall plan, organize, implement and enforce, to the extent and
in the manner prescribed by this Chapter, a City wide solid waste
disposal program providing for the accumulation, storage, removal
and final disposition by the City solid waste collector or private
solid waste collectors, or both, of all solid waste produced by and
in households, business establishments and public or private institution's
within this City. This solid waste disposal program shall be of sufficient
scope to assure the preservation of public health, welfare and safety
in this City. The disposal operations operated by the City shall be
known as the "City's solid waste disposal service". The disposal operations
which are paid for directly by business establishments and public
or private institutions shall be known as the "private solid waste
disposal service". Each of theses services shall be divided into the
following phases of operations:
1.
Accumulation and storage of solid waste on premises served. This operation shall be the responsibility of the owner, user or
operator of the premises concerned.
2.
Collection and removal of solid waste from premises served. This operation shall be the responsibility of the City solid waste
collector or the licensed private collector, or both.
3.
Final disposition of solid waste on sites and by methods
approved by Director of Solid Waste or other City Official. This operation shall be the combined responsibility for the respective
solid waste collectors and the owner and operator of the disposal
site.
[Ord. No. 1226 §I, 6-18-2001; Ord. No. 1285 §II, 4-15-2002]
A.
The
disposal of solid waste shall be considered lawful if it is performed
by:
1.
The City solid waste collector under contract with the City to render
solid waste disposal service to households, to the extent and by the
procedures prescribed in such contracts and this Chapter.
2.
Any private solid waste collector who has been licensed for such
work by the City and who has been employed by one (1) or more business
establishments, public or private institutions to collect, remove
and to effect final disposition of solid waste from the premises concerned
in full conformity with the provisions of this Chapter and at no expense
to the City.
3.
Any other person provided he/she effects the disposal of solid waste
on his/her own premises by means of a solid waste grinding and disposal
unit or other facilities and their operation conforms with the provisions
of this Chapter and has been approved by the Director of Solid Waste.
4.
Subparagraph (3) makes it unlawful for any person to dispose of their
own solid waste other than through approved procedures by the Solid
Waste Director of the City.
[Ord. No. 1226 §I, 6-18-2001; Ord. No. 1285 §II, 4-15-2002]
A.
It
shall be unlawful for any person other than the fully authorized collectors
of the City, as prescribed in this Chapter, to collect solid waste
or to interfere in any manner with any receptacle containing solid
waste or the contents thereof or to remove any such receptacles from
the place where the same are placed by the owner or lessee thereof
or to remove the contents of such receptacle.
B.
Subsection (A) makes it unlawful for any person other than the authorized collector of the City to collect solid waste or interfere in any manner with such collection by the franchised collector or, in the case of commercial establishments or multi-family unit residences, the licensed private hauler.
[Ord. No. 1226 §I, 6-18-2001]
It shall be unlawful for any person to engage in business as
a private solid waste collector within the City without first obtaining
a license to engage in such business. Persons desiring a license to
conduct such business shall apply to the Director of Solid Waste who,
upon satisfactory proof of the qualifications and fitness of the applicant
and of his/her ability to comply with all of the provisions of this
Chapter, shall issue a certificate of qualification and the applicant,
upon presentation of to the City Clerk of such certificate of qualification,
together with the payment of a fee of fifty dollars ($50.00) for each
truck to be used in such business, shall be entitled to a license
to engage in business as a private solid waste collector. The solid
waste collector is to establish the number of trucks to be used. Such
license shall expire on June thirtieth (30th) of the calendar year
of issuance and may be renewed thereafter annually upon payment of
such fee of fifty dollars ($50.00) per truck; provided, that the Director
of Solid Waste shall have the right to direct the City Clerk to refuse
to renew any such license if the Director of Solid Waste shall determine
that the holder thereof no longer qualifies for a license under the
provisions of this Section. Initial license fee may be prorated to
expire on June thirtieth (30th).
[Ord. No. 1226 §I, 6-18-2001]
It shall be unlawful for any person to store, remove or dispose
of solid waste by burning or by burying or depositing it in any alley,
street, roadway, vacant lot, ditch, gully, stream, creek, body of
water or any other private or public property or any other place within
or beyond this City whose use for solid waste storage or disposal
has not been approved by the Board of Aldermen.
[Ord. No. 1226 §I, 6-18-2001; Ord. No. 1285 §II, 4-15-2002]
A.
How Provided. Until such time when the City deems it necessary
and feasible to organize and operate its own solid waste disposal
department, the City shall effect the collection, removal and final
disposition of solid waste from households by entering into a contract
for such services with an individual, partnership or corporation qualified
for and experienced in these operations. The person with whom the
City enters into contract for solid waste disposal service shall be
termed the City solid waste collector.
B.
C.
Service To Business Establishments. The private services
to business establishments, public and private institutions under
contract with private solid waste collector or collectors shall include
the collection, removal and final disposition of all solid waste which
is stored in accordance with the provisions of this Chapter, at no
cost to the City.
D.
Service To Multiple Dwellings. The private service to multiple
dwellings under a private solid waste collector shall include the
collector's removal and final disposition of all solid waste which
is stored in accordance with the provisions of this Chapter, at no
cost to the City.
[Ord. No. 1226 §I, 6-18-2001]
Duties Of Director Of Solid Waste. The Director
of Solid Waste shall direct, supervise and control the accumulation
and storage of all solid waste in this City and the collection, removal
and final disposition of all solid waste by the City solid waste collector
from households or private solid waste collectors, from business establishments
and public or private institutions in this City in full conformity
with the provisions of this Chapter and he/she shall enforce the terms
of the contracts between the City and the City solid waste collector.
[Ord. No. 1226 §I, 6-18-2001]
A.
Any
person who owns, operates or maintains a household, business establishment
or a public or private institution in this City shall be responsible
to the City for the orderly and sanitary accumulation and storage
of solid waste pending removal in full conformity with the provisions
of this Chapter.
B.
It
shall be unlawful for any person to accumulate, deposit or store solid
waste on his/her premises or any other place within or beyond this
City in any manner or for a longer period than prescribed in this
Chapter.
[Ord. No. 1226 §I, 6-18-2001]
A.
What May Not Be Stored. Liquid food wastes and urine or
feces of whatever origin shall not be accumulated or stored for removal
by either the City solid waste collector or a private collector, but
shall be disposed of promptly through the sewer system by the person
concerned.
B.
What May Be Stored And How. All items of solid waste which
accumulate in households, business establishments and public or private
institutions shall be stored, insofar as possible and except as noted
below, pending collection by either the City solid waste collector
or a private solid waste collector in the following manner:
1.
If the City's solid waste disposal program provides for the separate
collection of solid waste, such wastes shall be stored in separate
containers of the standard type.
2.
If the City's solid waste disposal program provides for the combined
collection of solid waste, such wastes shall be stored together in
the same standard container but the solid waste shall be bundled and
wrapped in paper of sufficient thickness to minimize leakage.
[Ord. No. 1226 §I, 6-18-2001; Ord. No. 1261 §I(C), 1-21-2002; Ord. No. 1310 §I, 8-21-2002]
A.
Use Of Special Containers. In the event that the solid waste
of a business establishment, public or private institution cannot
be stored satisfactorily and efficiently in the prescribed standard
containers, the Director of Solid Waste may authorize the use of trailer
tanks or other containers for service by private solid waste collectors.
B.
Storage Of Large Items Of Solid Waste. In the event that
a business establishment or public or private institution requires
removal of large items of solid waste which are constructed of material
that cannot be broken up to permit storage in standard containers,
such items of solid waste may be stored on the outside of the premises
concerned without placement into containers; provided, that the number
of such items is reasonable and that such solid waste is kept at least
eighteen (18) inches above the ground; and provided further, that
such storage will not produce conditions which in the opinion and
judgment of the Health Commissioner and the Director of Solid Waste
will tend to create a sanitary nuisance or a hazard to the public
health, welfare or safety.
C.
Temporary Bulk Containers At Residences. In the event that
there shall be a temporary special need for a bulk container for disposal
of construction materials at a residence within the City, the owner
of such single-family residence may apply to the Director of Solid
Waste for a permit allowing the placement of a bulk container for
disposal of construction materials at such residence for a period
not exceeding two (2) months. The bulk container may be used only
for disposal of construction materials and no other solid waste shall
be permitted therein. Each permit shall be approved by the Director
of Solid Waste and City Administrator only if the application for
the permit indicates a permitted reason for same. Should the bulk
container be used for any other purpose or should the terms or length
of term of the permit be violated, then the owner shall be prosecuted
for violation of this Section and subjected to the general penalty
provisions of the Code. Two (2) or more prior violations of this Section
shall be sufficient grounds to deny applications for other permits
for bulk containers. The owner of the real estate is solely responsible
for compliance with this Section and the removal of said bulk container
prior to the expiration of the permit. The bulk container shall be
provided by the residential solid waste franchisee of the City and
it shall be a violation of this Section for any other person or firm
to provide a bulk container at a single-family residence, the only
exception being if the contractor doing the construction or demolition
work owns its own bulk container, then such contractor may provide
the bulk container, but subject to the provisions of this Section
requiring a permit for each such use. The Director of Solid Waste
shall develop and make available at City Hall an application form
for the permit required hereunder.
[Ord. No. 1226 §I, 6-18-2001]
Solid waste which under the terms of this Chapter are eligible
in type and the amount for collection by the City solid waste collector
shall not be stored on the inside or outside premises for a period
longer than the time interval between collection days prescribed by
the City. Solid waste which on account of type or amount require the
services of a private solid waste collector shall not be stored on
the inside or outside of premises for more that ninety-six (96) hours
pending collection.
[Ord. No. 1226 §I, 6-18-2001; Ord. No. 1860, 11-20-2017; Ord. No. 1934, 9-20-2021]
A.
In order to assure that the accumulation and storage of solid waste
shall be performed in an orderly, clean, sanitary and safe manner,
the containers which are used for these purposes shall be of the following
types:
1.
Standard Container. Insofar as possible and except as noted in Section 230.032 and this Section, solid waste shall be stored between collection periods in standard containers which have a capacity of not less than five (5) gallons nor more than thirty-two (32) gallons. These containers shall be containers constructed of galvanized tin, plastic or similar durable material. These containers shall be equipped with tight-fitting lids and suitable bails or handles.
2.
Dumpster Or Other Large Containers. Owners of multiunit complexes,
trailer parks, apartment buildings, etc., shall provide dumpsters
or other large trash collection containers for use of the residents
in such properties, in sufficient numbers or size to contain all trash
until it is collected. Such containers shall be enclosed on all four
(4) sides with a fence at least six (6) feet in height containing
a gate for use by the residents and trash collection personnel to
access the containers.
[Ord. No. 1226 §I, 6-18-2001; Ord. No. 1860, 11-20-2017]
Any person who accumulates and stores solid waste shall provide
the number of containers which in the opinion and judgment of the
Director of Solid Waste are necessary for the orderly, clean and sanitary
storage of solid waste on the premises concerned in the interim between
the prescribed collection days; provided, that no more than three
(3) standard containers shall, be provided by any householder at his/her
dwelling place.
[Ord. No. 1226 §I, 6-18-2001]
Any person who owns or uses solid waste containers of any kind
or in whose behalf they are used by others shall keep them at all
times in a dry, sanitary, rodent, insect and leakproof condition and
shall clean, sanitize and repair them as often as necessary for proper
compliance with this Chapter. The level of the contents of standard
containers shall be kept at least four (4) inches from the top. The
owner or user of containers and the solid waste collector shall be
careful to avoid spillage of contents and, if it occurs, they shall
clean it up promptly and restore the premises to a clean and sanitary
condition.
[Ord. No. 1226 §I, 6-18-2001; Ord. No. 1234 §I, 8-20-2001]
A.
Collection Points. All solid waste which is accumulated in the City and offered for disposal shall be collected from the curb of the premises. Solid waste containers shall be kept at all times at a point on the premises which is not visible from the street except at times of collection. The person who is responsible for the proper storage of solid waste on the premises concerned and the collector serving him/her shall confer and shall designate a collection point at which prior to 7:00 a.m. on collection days, all the containers and items of solid waste which are to be removed from the premises shall be placed. No container or containers shall be placed at the curb collection point prior to 8:00 p.m. the day before collection and must be removed from curb collection point no later than 12:00 a.m. following collection day. On collection days all solid waste containers and items of solid waste shall be placed at their designated collection point. The City solid waste collector shall not be required to collect solid waste from inside of buildings, nor any solid waste not contained in a standard container, being such number as determined necessary pursuant to Section 230.035 from any one (1) household. When solid waste containers contain both eligible solid waste and non-eligible, the City solid waste collector shall not be obligated to collect and remove their contents. All appliances containing freon, such as refrigerators, freezers or air-conditioners, must have a certified tag attached stating that the freon has been removed by a licensed technician. When such violation occurs, the City solid waste collector shall report it to the person concerned and the Director of Solid Waste. In case of controversy as to the eligibility or ineligibility of solid waste, the decision of the Director of Solid Waste shall be final.
[Ord. No. 1860, 11-20-2017]
B.
Management Of Containers By Solid Waste Collectors. Solid
waste collectors shall perform their duties in a quiet, orderly and
sanitary manner. After emptying the containers, the collector shall
replace their lids and shall return the covered containers to the
designated collection point on the premises. In case of spillage during
collection, the solid waste collector shall pick up the spillage and
restore the premises to a clean and sanitary condition. In the event
the City solid waste collector damages a container or its lid to an
extent that it is subject to condemnation by the Health Department,
it shall be the responsibility of the City solid waste collector to
replace the containers or lid with a new container or lid of the same
type, quality and size.
C.
Method Of Collection. The collection and removal of solid
waste shall be effected either by a combined or separate operation
as prescribed by the Board of Aldermen.
D.
Frequency Of Collection And Removal.
1.
Collection and removal of solid waste by the City's collector shall
be made two (2) times weekly as prescribed in the contract between
the City and its solid waste collector and such collections shall
be made on the days designated by the solid waste collector with the
approval of the Board of Aldermen.
2.
In addition to the regularly scheduled pickups, the City solid waste
collector will pick up larger discarded household items (bulky or
"white" items) on an as needed basis upon notification of the individual
residents.
3.
Collections and removal of solid waste by private, licensed collectors
shall be made as often as deemed necessary by the Director of Solid
Waste to prevent the development on the premises concerned of conditions
which tend to create a sanitary nuisance or hazard to the public health,
welfare and safety.
4.
No collections shall be made from households, business establishments,
public or private institutions before 6:30 A.M. or after 5:00 P.M.
No collections shall be made from any type of premises on Sundays.
E.
Equipment. All solid waste shall be collected and removed
in vehicles with solid metal bodies or liners and which have leakproof
bottoms and sides. Open top vehicles shall be permitted only during
a specified period with written permission granted by the Director
of Solid Waste. All vehicles and other equipment used in these operation
shall be kept at all times in a clean, sanitary and safe condition
and in good repair by the operator. All vehicles and other equipment
used in these operations shall be subject to the approval and periodic
inspections by the Director of Solid Waste.
F.
Personnel. The City solid waste collector or private solid
waste collector shall conduct his/her operations with personnel who
are capable of operating the required equipment in a safe, efficient
and satisfactory manner. They must be courteous, neat and clean at
all times.
[Ord. No. 1226 §I, 6-18-2001]
A.
Illegal Methods And Sites. It shall be unlawful for any
person or collector to dispose of solid waste on his/her premises
or on any other place within or beyond this City or County or in any
other manner than is prescribed in this Chapter.
B.
Legal Methods And Sites. The methods and the sites which
the City solid waste collector proposes to use for the final disposition
of solid waste collected in this City shall be subject to the approval
of the Board of Aldermen and State Department of Health and shall
be in full conformity with the provisions of this Chapter and the
Statutes of the Federal and State Governments and the ordinances,
rules and the regulations which have been or may be enacted by this
City, the County or other Counties, Cities, towns or villages which
may be affected by the solid waste disposal operations of this City.
[Ord. No. 1226 §I, 6-18-2001]
Until such time when the City deems it necessary and feasible
to organize and operate its own solid waste disposal department, the
City shall provide these services to the extent prescribed in this
Chapter by entering into contract with a person well qualified and
experienced in solid waste disposal operations and, in the opinion
of the Board of Aldermen, in the best interest of the City.
[Ord. No. 1226 §I, 6-18-2001]
All contracts for solid waste disposal services in behalf of
the City shall be executed on a standard form prescribed by the Board
of Aldermen and in the manner and in accordance with the procedures
prescribed in this Chapter. The contract shall specify directly or
by reference to the pertinent provisions of this Chapter, the time
period of the contract, the sum to be paid by the City to the contractor
for his/her services, the method of payment, the respective duties
and obligations of the contractor and the City during the term of
the contract and the various penalties which the City may invoke against
the contractor for non-compliance with the terms of the contract,
the provisions of this Chapter and all the laws pertaining to solid
waste disposal operations which are now in effect or may hereafter
be enacted. In addition to the stipulations enumerated, all contracts
shall contain such other provisions not inconsistent with this Chapter
or shall, in the judgment of the officers of the City, best protect
the interests of the City.
[Ord. No. 1226 §I, 6-18-2001]
A.
Insurance. The contractor shall obtain and keep in force
at his/her expense during the life of the contract, the following
types of insurance in some insurance company approved by the Board
of Aldermen.
1.
Workers' Compensation insurance as prescribed by the Statutes of
the State; and
2.
A policy of liability insurance on each vehicle used in solid waste
disposal operations covered by the contract, indemnify both the contractor
and the City against damage suits, in amounts to be periodically fixed
by the Board of Aldermen but not less than five hundred thousand dollars
($500,000.00) and five hundred thousand dollars ($500,000.00) in case
of personal injury or death and twenty-five thousand dollars ($25,000.00)
in case of property damage.
B.
Bond. The contractor shall post a cash deposit or performance
bond in the sum equal to twenty percent (20%) of the value of the
contract for each year. The contractor shall post a cash deposit for
a maintenance bond in the amount of ten thousand dollars ($10,000.00)
with the City Treasurer.
[Ord. No. 1226 §I, 6-18-2001]
The contractor shall not assign or transfer his/her contract
or subject any of the work embraced in it without the written permission
of the Board of Aldermen.
[Ord. No. 1226 §I, 6-18-2001]
After the contract has been executed by the City, the contractor
shall promptly execute the required performance bond and insurance
documents.
[Ord. No. 1226 §I, 6-18-2001; Ord. No. 1285 §II, 4-15-2002]
The violation of any provision of this Chapter by householders
shall be deemed an ordinance violation and each day of such violation
shall constitute a separate offense.
[Ord. No. 1226 §I, 6-18-2001]
A.
In
the event the contractor fails on a collection day to empty a container
which a householder or other person entitled to solid waste disposal
service under contract with the City has placed at the designated
collection point on his/her premises and which contains solid waste
eligible for collection under the contract with the City, the contractor
shall forfeit to the City, for each container whose contents have
not been removed by the contractor, in the sum of three dollars ($3.00).
B.
Whenever
the contractor fails to comply with a provision of this Chapter or
of his/her contract with the City, unless otherwise specified in the
contract with the City, he/she shall pay the sum of seventy-five dollars
($75.00) as liquidated damages to the City for each and every day
of such non-compliance and such forfeited amounts shall be deducted
out of any sums of money that may be due or shall become due to the
contractor under this agreement with the City.
C.
If
the contractor violates any of the provisions of the contract, the
City, at its option, may cancel and rescind the contract with or without
notice.
[Ord. No. 1884, 12-17-2018; Ord. No. 1932, 9-20-2021]
No contractors or persons other than Bowling Green water customers
may use the City's compost area. No material other than yard
waste and vegetation, which shall include leaves, grass clippings,
limbs, stumps without dirt ball attached and garden waste, shall be
placed in the compost area. Hours and days of operation shall be set
by the Director of Public Works, and the times of operation shall
be available from the City office for the current and following two
(2) weeks. The Director of Public Works may close the compost area
at any time. The City has the right to reject any waste at any time.
[Ord. No. 1884, 12-17-2018; Ord. No. 1932, 9-20-2021]
It shall be lawful for tree trimmers and other persons to place tree limbs and stumps without dirt ball attached, as defined in Section 230.050, in the City' s compost area only if employed by, or acting on behalf of, a Bowling Green water customer and only to dispose of such tree limbs and stumps which were removed from the property of a Bowling Green water customer. When placing this material in the compost area, the person doing so shall have a document signed and dated by the Bowling Green water customer giving authority for such placement, which shall be valid for five (5) days from the date on the document. Such document shall be provided to a City employee upon request.
